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Home My WebLink About01-05359HOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NICK T. PRAVE ACTION OF MORTGAGE FORECLOSURE Defendant 9 ~U`~ ~~ o~ - s3s THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so ~l}e pase may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ,, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ~ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUB2 CON EL PROCESO SIN SU ~~1RTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIQ DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. ` SI NO CONOCE A UN ABOGADQ LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ,, . ;. ~~~., HOMESIDE LENDING, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NICK T. PRAVE, Defendant CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any ;. • information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide. debtor with the name and address of the original creditor if different from the current creditor. PURCELL,KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 Attorney LD.# 15700 Attorney for Plaintiff ~.. . ~, .~,~ HOMESIDE LENDING, INC., vs. CIVIL ACTION -LAW NICK T. PRAVE, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMESIDE LENDING, INC., is a corporation, whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, NICK T. PRAVE, is an adult individual, whose last known address is 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025. 't 3. On or about, September 24, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $61,450.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant.made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1407, Page 293 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid County in Book 568, Page 506. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on April Ol, 2001 and all subsequent instalhnents thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.33 per day From 03/01/2001 To 10/01/2001 (based on contract rate of 7.000%) Accumulated Late Charges Late Charges $20.18 From 04/01/2001 to 10/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $59,124.46 $2,424.62 $201.58 $141.25 $415.92 $2,956.22 $65,264.05 **Together with interest at the per diem rate noted above after October Ol, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention. to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($11.33 per diem), together with other charges and costs including escrow advances incidental thereto to the dat erifl's and for foreclosure and sale of the property within described. BY~ ' / // P~RCE)`L, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs122082 (I696x2800x2 tiff) [3] . ~ CERIIFlEO 1'~ ~ ~ . „.„„,«...e.r +:i ~ x E ~ pt1NNtlYLVAMA ' r , w ~„. u.. ox.x. ~ u. wu nxs n uec W M: fY11JIN VA Mi gtlO7U ' ~wu a r.x.x ~ ~~x:;' : MORTG GE NOTE x .. ,, THIS LOAN IS NOT ASSUMABLE WITHQUT THE APPROVAL. OF THE DEPARTMENT OF VETERANS AFFAIRS OR IT5 AUTHORIZED AGENT. MEClNNf{.EWRO . PwwaywiNa ' eEtdapad BEPYEM9Bf?d........ _. • IN7_ _ ' FOE VALUE RECEIVED, du undapgne0. ... NIWF.TlbDMAB /MY8 MiilN/tir"~iNdiM MWir. 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Prirllege la nareec ro prepay r h 1N,0. wbwut prenwm a fee. dN aMks . - IMegtMUn a ew pre Mrsof not ut1 Men Lle sewunt of errs InrtlMrn, a (bu Yxaxbad oelwe Uy00.00L wldcMwr b bee Mepiymnt In tun ahUl 6e cnaten an w dM teCrY14 Prrlr aNeYmenL OMr Myl Ore N IMU16nerd dW drA IWd rol be rad~lad uMll IIM Mxl fonowup Imunmant due due r Urty tleya etur wth prepeymyu, wNChevr ie arllr. ' flbxdreneeuety wIM Me exewcoe of ,Ne Not Ms rpMV Me axeeuted end de9VVM m d10 PtyN a nxx'tgepe e9Cer^d, upon~rbM preiydue_ebyud M Ms ro L98E 01/80 Pege I of 2 oo/tlN wWVaW Hs122082 (1696x28OQx2 tiff) [q~ .. ' • .. no0p a Mtnana, 11 0/fWrc he InBrl/ h env peyro/M wwr 1w/ Nal/, wa If ur WIW4 b ~' IlOa nW/ ppo0d pke b tlN Ow mu a tll/ Met Well In/Yafn/tlt a upon OM p/Nnp al /rry UB/+Jk wh'41, 01' YI/ Gff11/ of ale AIert1Ne Olwn b B/CUr/ NHe AbN, dY11 wOfM1 Ne' P/wrA.+ wry W Wepuw{ hplpN hrpl. W dwWS /M nms, a ,Bny qrt Nww1. ro Ib,iled StlhMSr ~weewils'P p v fa FSBYerjO~xYtlr a witlwut iPtletlHe00n fifl/d Wtl ea~few fudpByn a- YWwwb pYns1 tad MWV h fiw W tlm Ppw a aYy wMegMnt tY110eY IMnO . w el ervr INnA /a 1M MWe repdA yyheipY of tltl/ NPte, /110 . el-aer euee a Iw tM hMtler Mn/I ro a w aelylf aY W r14/N pNwn1 b tlN . ~~ laerlu d W/ A'ea a uk Monpgh ew w N/IMe@Ie er w...n c+.i«n wH/ M /Wt money/ eawN/Blw o16.oa. ••,_.•% fa aollwSab +M . ngiu `a YI MKe/. an wMm IWprwd eee/nlon a w.ONSh.'mrv hW/ fatllwltlt Ttr mlker Me/hy AuW.e w Ypyn M atgv;.~wn w w oprW I/vNd ww b aaNwe aw Yle/enawn' WgdNC10 ANe@Y /rM tlow vc1lNNUy ~aranm a. .rn. .vq wuw+l.n u» weuwrolry .. ro /nN weM eabmn/tlw, Nd wuvu Mtl nw/n eA I/w/, now N IN/e a MINIIN IINOMd, ranYq ro ..Nrpuall, gNk//menl a mr: w ea//uBen Th/ /i/mnm/ hNNn oohWA/01M~II(Gal /nA tlN 6nnBl/ YM 1WN1/pu /hnl alwe .~W.~ r.Y~naM YA'M41d1aan Dlu'/4 IFI II+Yd ~pflnpyln, ~ Nry YWI hW. eadleaN ~~ ~N hl. OIWW IMN pf./Nw b b. eNwYtW Wdp WIgN dP/hM/sItlN YW /(fn n10W WfiXN • FMIOP~I7Y At)BAEy3; 71111phD ST ~, tfnarY fAMVI@W, PA 17010 J4 ~iMi@ ~eT~3~ , W@@T PAOWI@W. PA 17016 $Ipied, $eYBA en0 dNIeNBE h tlt/ MeeNwe el: ao.ne~+S~ Y~ ~ Wibanbek ISen WiaweeMrl: Wiwms/k a.n ._.._....,._ .. ,..,........__(Smr WINBBmel .--. ... ....• O1/B8 Pq/ 1 of 1 ~. a~ '' Hs12208~ (1696x28bOx2 tiff) [12] ' ,,.::.. ` a'a.'ffiAT CBRtA1N ttaot oc petuel o[ load situeta Sn 8sad Haie~Y~i~!g~l~~ BOSOUpb• drmbarland domty panneYlvania• mosa 9artioOlaTip °O"'laaa, r~ . ~. ~. and duasimd as fellOOa~ to vite : :, . SS81tS1IB6 at a PoL1t m tba eeetorly liaa Ot 9b1td 8pfaat[ pbin?i. ~'` ab t l ! SL L" ~~ ' vaa ar Y aattar o iie L lOB Zest nonmantdly Ot tila nat etxaatai ttenae eheaagt tta aaatet o! a psetp t911 and.OuYand~ . ~~.. ~. de9Ham mgt 91 loot ~ a point on tta aBaWkly lino Ot RBiO1W49tlFb~' 1 ihenae elmq name Set tb OB tlapHaB 10 plnatBa' mat )9.80, i'O51g.~ . ~ :,. n poinl7 tbanaa NoLt6 8t Qeplaat I8 ninutta Bast 98.60 LOat 3u vk ~~j;vr w tta eeateely lino of Thud etraet/ thanes alongy natee 9ontb , tba laaa Ot O~IPSTNO t to s oint t 99 98 t ` p , p , . ea degraae Sea B ~:.~'_± i~:.~ h Psw{ieK~ ~__... .A1v'~. CXh~b~~''8' ~,~,.~x...:_. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 10, 2001 Leon P. Haller, Esquire U~t1~:xa?~~ti 3l nxe!._a~e~n ,..:, t .~ .. ~.~,. ~, <<,~ri~ ~.._, -.. A1~AenflliiluA w...~...: ~ / ~[ ^. W c ~ ~ ~ ~ ~ ~ ~l ~ ' _ ~. c c P r J ~ c ; _ ~ LJ h ~ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS PRAVE NICK T R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PRAVE NICK T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of JEFFERSON County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 11th 2001 this office was in receipt of the attached return from JEFFERSON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Jefferson Co 33.64 Mileage 9.75 So answers: /' R. homas Kline Sheriff of Cumberland-County O V J J 10/11/2001 PURCELL KRUG & HALLER Sworn and subscribed to before me this iSL day of ®et.o-!~./ ~j~ A.D. ~~ Prothono a y .~ _ _ ~ _ ~w In 'The Court of Corn on Plus of Carrnberlan Coarn~, Pen~sylvaa~fla Homeside Nick T. Serve: same Lending, Inc. 'VS. Prave No. O1 5359 civil Now, September 26, 2001 ; I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Jefferson deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this y ~. ~~...~ Sheriff of Cumberland County, PA ~ffada~t ®f Se><°vice Now, October 5 , 7®OS ~ at 11:30 o'clock A• M. served the Wlthfln NOTICE and COMPLAINT IN MORTGAGE FORECLOSURE Upon NICK T. PRAVE Defendant at his residence, 213 Grant Street, Borough of ,Sykesville, County of Jefferson, State of PA by handing to Janet Prave, his wife and adult person with whom he resides, a true Copy of the original Notice and Complaint, and made lrnown to her the contents thereof. So answers, Sheriff of Jefferson COSTS Sworn and subscribed befor SERVICE _ me 's Q~ day o ~ , 20 U ~ M1 LEAGE _ AFFIDAVIT /~° n~._ ATARY DOCKET CLtR1C OF COil8T3~ My Commission Explrsa 1st Monday of January 20D2, Jefferson County, PA County, PA ~ 9.00 13.64 z.oo 9.00 $ 33.64 Paid k h ~. HOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NICK.T. PRAVE ACTION OF MORTGAGE FORECLOSURE Defendant (a~ -'-- S.3S,q /?V~( c-7-~ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVH)O CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P_ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IIvIPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ;(a~a0i~y ~tllare~, I hesa9 unf~ .a~R Iny hand s.-3. i6aa.sB of saad Cal ai Ca~~is~, Pa. y.s-t~~ 1.~~ay~ ihonotary .axzes~,vu~.u _ _.. _... . .,, ,mv~,u,4 _. .,. w.. . , HOMESIDE LENDING, INC., Plaintiff vs. NICK T. PRAVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attomey shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff =:... 'sa.. , , HOMESIDE LENDING, INC., Plaintiff vs. CIVIL ACTION -LAW NICK T. PRAVE, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMESIDE LENDING, INC., is a corporation, whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, NICK T. PRAVE, is an adult individual, whose last known address is 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025. 3. On or about, September 24, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $61,450.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant.made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1407, Page 293 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid County in Book 568, Page 506. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 312 THIl2D STREET, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on April Ol, 2001 and all subsequent instalhnents thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.33 per day From 03/01/2001 To 10/01/2001 (based on contract rate of 7.000%) Accumulated Late Charges Late Charges $20.18 From 04/01/2001 to 10/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $59,124.46 $2,424.62 $201.58 $141.25 $415.92 $2,956.22 $65,264.05 **Together with interest at the per diem rate noted above after October Ol, 2001 and other charges and costs to date of Sheriff's Sale. The atomey's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable aomey's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has comglied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time :a.. limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($11.33 per diem), together with other charges and costs including escrow advances incidental thereto to the datriff's~Sai'~and for foreclosure and sale of the property within described. By: PZ7RCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs12208'2 (1696x2800x2 tiff} [3] • cEa}Tri~a ro ~ ~ .. w.w.rh_.I.w E ~ PWNBYLVANIA h.~u.. nn w. h•.x. W Y: HIIOIp uwa. uu. nn. ru uuc VA M: Otl1Y7tl Anw~MY 1. rMVM y„w,n,.. "'"""""" MORTG GE NOTE ..w. r.u lwn , . THI5 LOAN IS NO7 ASSUMABLE- WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORLZED AGENT. MECIIANICSW110 . POwwylwNa sQd00•PO 8EP7PMB~fl,1Y,... _.. _. • ~ . '. F09 VALUE FFLLVylR, ON INdrNPLd...... .. 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NW O/ O1Mr \Im\ OI mm\Y I by. tlN Mo.IW W OIONI ro ONWf1 m10 Nola NWL /arlewl~ n MO apOm o/ qN a my sWnawd OWdv MNaol, hwom0 dus mtl pWObw hmnONlMty, wNOgd L996 01!90 Pye 1 of 7 ~.. Hs122082 (1696x2800x2 tiff) [4] ... ~ . '. ea7ca « daman0. n dafwa fn mWa a rw v.Y^N^f wdw au. NEm and a YN d.NYN a ~. 11« ePM seed PnIX 10 1M dW Yn « IM MMr WE11 aaNIII1WIF. W YP0111M IIbPM1110 of oy b1aW1 WNCK by tln trnN OI ma 8/En9ad. aY.d b ~• ~+ Nen. 1~4~ MNW tlN PayN. r af+y aubadVOm1 Iwld« IWaol, b daCIW VN aY11a. « MY prf aanPl. b a dea Yid WYab~. lba Idallr eeea heWay ampewx anY .YOYwYY of YfY EEYrt of r«nrd whin en lnxa Sane « Yaawbare ro appav f« Idak«. wlih « wtdauf . detlraden f8ed, neY egnlaa « pairml xid fAi« a fav« of dy P~yas « Yry . aWaaoywd ~ Oarwi a of YW uma f« a..ndr. up4d prRkip4 of tld. Non, YM.~ W alw wn. PPuus by tlM I~oldn 1wno1 ro « M hNW1 0l tlw MYU prwmE n da •.'~ /N«a o/ Ida YW4 «W0. NbrtWW.rw 41 rroYap.r et Innro~~ dw~an mlpdnr wkh. 10 YNY a1Kh CgIdInYflndd. .Ad w4'vN EM fdlaalda all Iava, dew b 10Md « MYY1Nf '.,. 7eaENd, ra14Yq b P.PmpIbM1 ~loowr4laMln « flry dl dxadu110M1 TN 791/NMI11Y lNYIM 7oM4fNd NW p~d~. and 71P b4Nllu W WYan49n N141 4Y7P fa 8w napaanw IYE07YaaR YM xNmpnf of uN pv14P Inraa WhMVN wM MR ~Yyl~gd~W I~YpU.lgnhhyd~r I4N7 NEkW d1a PW4, IM PNY/I tltP dN17WY, EEd IhP WP el adY pa1dR ' qY 1M dM/ and YPr /YY fhoV~ MM~Nf WufW fMb P'NMII b W PMYEVNd I«IY .. PI19POtTV AOW194S 817 71nM BT ' W79i PAEIVdIW, AA Yld70 i 31NI~ nOK888: W7SY PAMVIFM/, PA 1YW6 81pud SWb Yd datlrerW h ew ProuoEa ef: 90ndwx ~J?~w1. __.~__ISsaO NI K 7NONA8 P ~~ YNaeaWal __~~.- _ 17.ao 1978 VYwweiPaA wNnmYbu Pa90 2 df 3 6W1 Hs122082 (1696x2800x2 tiff) [12] .,v. ' ALL TEAT CSS9aIM taint oc petoa9 of laM sltuata !a Mast Ba~.cYS-pM • "~ • ~9C~W lan8 ~tp~p~tsylvaniar mote Watt9aaian3Y bmlSW.,,:i. ~' MSaII1SII1M at a petit u tta wateslY li+u at TASaA etaut~ MyA~~ '• ' is l8t teat ao<?Jfraz09y o< tM aaata9aataalY a9anea eL lnyMA'a99[:~• :' ~ BteaMa~ ttenaa ttaeagM LAa eantar of a PaatY 9YZl an0~ aeMaau gear 91 Saet to a vein! u the aaakak9y Tins et - ~~ •• LManm slwq sau MmtM 9a dagcvae io mLiatar Naat 99.W ^ta~ " po9at9 ttawe MoatA B9 Qepaaaa 18 Minatu Baal 80.00 fasS is~Ye. en tta Meatea9y 91ao of aA1a0 8tsaet~ ttanm a9ua ease 8wtli %~~ ' ae9aaaa Sur 99.09 teat to a po1M. tW plua of O~;IM9MM. ~` t ` Y, .. .°.'A~ ,'~~', A '~% 5. t 1 . C:. ~aBa'~te'} ee - LL ~ ~ 'v-.. :K~. '• eoerlA~'1-Ma~ ;.': ;i~ C'Xh~b~~ "~` ..~rdtlassOlEe. ~ ~J: .... .... ~ ... ~ ~ _ ~+Y VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in-the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 10, 2001 Leon P. Haller, Esquire ~~~~i ~~~~~ ~, ~ ~f a ~~ ~ ~~~~~ ~i] s ~.`/ ~~ 1r 1~ ~i~'~: ~ ~~ a~S r,%;~ 0 HOMESIDE I;ENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant NICK T. PRAVE for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $59,124.46 Interest $ 2,424.62 (Per diem of $11.33 from 3/1/01 to 10/1/O1) Accumulated late charges $ 201.58 Late charges $ 141.25 ($20.18 per month to 10/O1) Escrow Deficit $ 415.92 5°s Attorney's Commission S 2,956.22 TOTAL $65,264.05** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leon P. Halle PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K \MKFIOOCS\CUMBEkLA\PRAVE.P ~` i r` ~ t; c:, ~~ ' ~ -- _ a . '^ SU -~ ~u~_ -, V C~~ r tom, ~ -t- - y'c, r.,, -~ cW ,+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 5359 HOMESIDE LENDING, INC., PLAINTIFF VS NICK T. PRAVE, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $65,264.05 Interest at $11.33 per diem to sale date $ 1,756.15 Late charges at $20.18 per month to sale date $ 80.72 Escrow Deficit $ 2,000.00 TOTAL $69,100.92* *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioryXwY case. Date: December 11, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 23~-4178 Leon P. Hal er PA I.D. # 5700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K \M KF\DOCS\CU MRERL4\PRAVE.W ~ x C:-% C °°` y1 r~ T r ri I'il ~' %> -- __ u, ~ r,~ -t ~ -_ ~, rr: - .,.7 !, , < - - c; , ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 84 degrees West 94 feet to a point on the easterly line of State Street; thence along same North D8 degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 16 minutes East .95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 31'1 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and Beth M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page S70 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 -_ ~- b`~e9K}d94~~'&AFe'~~#L.§iY~3eYttxa..r:MS: z/.,i.~~¢4i .~n~A'£'°.ti a•.«•°~4YW~ -. IiYFFF19XBp °° ,_ __..... .~_+~ pi ~ ~ ~ Chi, ~ ~ O (,~ 1 ~;1p~ c; c= ,~ t c ~.. f ~ ~ F f ~ ~~, i =i r _ Co r~: ~ ro .c ~,~0" ` ~ `~ t;: ^~ R1 V ,~...; HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PRAVE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5359 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on NOVEMBER 6, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. BY ~i l1 7 Leon P. Hall r PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 _ - g09d~t9a~ld35irfffi YIaH~x~3Y4' auK 2~s n i3"~wa r iss.~.e, a _Dar..."ikai4Ar+- ~¢tiYrfSUm t I y ~. ..9 HOMESIDE LENDING, INC. Plaintiff vs. NICK T. PRAVE Defendant To: NICK T. PRAVE 312 THIRD STREET ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5359 CIVIL TERM IN MORTGAGE FORECLOSURE NICK T. PRAVE 213 GRANT STREET BOROUGH OF SYKESVILLE, PA 15865 DATE OF NOTICE: NOVEMBER 6, 2001 IMPORTANT NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717)249-3166 PURCELL, KRUG & HA By` ~' - Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff O ~__ __ --° - '~:~ ~ - rn! -~ , r- --- - u~ ~ - ~_.~ _ _ ._ =: ~ • _ __ - _ <<' ° ~ .. -~ • ~ ~' ~ F'. HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 312 THIRD STREET, ENOLA, PENNSYLVANIA: 1. Name and address of the Owner(s) or Reputed Owner(s): Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... ve~uNa ~.. ... .. u.vw~r ...usm..~~......wL~ MI nF'fitlcmrtgzy~Y~ ~ ~ W Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities- ~ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 ~ ~ A ~.'i ~_ ~' i~~f .. Y ' -' C ~ i~ -~ " _ _ ._.V HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 312 THIRD STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed> i~:the,..wa.tl~in Commonwealth and County to: NO. 2001 5359 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property NICK T. PRAVE A/K/A NICK THOMAS PRAVE A SCHEDULE OF DISTRIBUTION, being a list of the persons .and/or governmental or corporate entities or agencies being entitled to receive pant of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HA5 BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO SE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of r_he within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are awaze of a legal defect in the obligation or the procedure used againsY_ you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale Eor a grossly inadequate price or for other proper cause: This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. .. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served an the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be att-sched to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~ _:., ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEG IAINING at a point on the westerly line of Third Street, which- point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through thecenter of a party wall and beyond South 89 degrees West 94 feet to a point on the easterly line of State Street; thence along same North. 08 degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 18 minutes East .95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. FIAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and Beth M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book i44 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 C~ - -. t Wit. :'i 7i :~ ~ _" ~~ . ;~ ~,_. _~.3 ~ -- . S HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on jJ~~j~ a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 G~ By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~. .IOHN W. PURCflLL HOWARD B. KRUG L80N P-HALLER .IOHN W- PURCHLL JR. QRIAN .f. TYLER ,TILL M. WIN E'KA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 Q17)533J636 NOTICE T0: Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold again t the said real estate will be divested by the sale and that ave an opportunity to protect your interest, if any, notified of said Sheriff's Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 312 THIRD STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 5359 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property NICK T. PRAVE A/K/A NICK THOMAS PRAVE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for .other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. if a specific return date is desired, such date must be obtairred from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 89 degrees West 99 feet to a point on the easterly line of State Street; thence along same North OB degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 18 minutes East .95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and Beth M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 Re: Homeside v. Prave Cumberland County 3/6/02 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 ~ ~.~ ~ti„ One piece of ordinary mail addressed ,, ~, - , Janet Prave = i~ ,.~-,'v~6°q,~ r:;j'~{Q~,i ~ 213 Grant Street ~~` ~~. ~ ~~~~ ~ ~~`~ _ S kesville PA 15865 '- ~ i ~ ~, ~~~-.~- y s~,a'tt~cc ~~y.,~i ,~ ~. ~. L4 'rl..,f' Fi uy.. f: Postage: U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JS81 G'02r ~ R.; "'~ 1;%, M _ t'. k t ~~.: ~.~R~~~6>-~~~ ,,~,, ,. ~~~ . n J C._ {.max y w~ Rif"~', -°::) - 4 `- - !`w~ - 2 ~ 4 ~! 1~ Jd ~~ l_.i yw ire ~~. - ~: ~ ~ ~ ~: : S° ~„ ` J3 ~.~ d a~ .. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert P Ziegier I, '----------- ------------°-----------------------_°~----------------°------ Recorder of Deeds in and for said County and State do hereby unify that the Sheriffs Dccd in which ________________ Veterans Affairs Sec of --------------------------- °--°-------------------------------------------------.._ is the gtantu 6th the same having been sold to said grantu on the _______________________________________________ day of March 2002 .._______________________________________ A. D.,t _____,underand by virtue ofa writ______________ Execution 12th ---------°----- DE c----°----------------------issued on the ------------------------------------- 2001 day of ______________________..___ A. D., _____, out of the Court of Comman Pleas of said County as of Civil 2061' -----^---------------------°-...------------------°------------------------------ Tenn,: ------ 5359 Homeside Lending Inc Number --------------,atthesuitof-------°------------------------------------------------------ Nick T Praise ---"-'-'------'--'------'-----__°-against--------------------------------------------'------- ~ 251 84 duly recorded in Sheriffs Deed Book No.____________, Page____________. IN TESTIMONY WHEREOF, I have hereunto sot my hand and seat of said offiu this ___L_______ day Recorder of Deeds Homeside Lending, Inc. VS Nick T. Prave In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5359 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Nick T. Prave, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of JeffersonCounty, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. JEFFERSON COUNTY RETURN: Now, January 11, 2002 at 11:30 o'clock A.M. served the within Notice of Sheriff's Sale of Real Estate and Writ of Execution upon Nick T. Prave, defendant, at his residence, 209 Grant Street, Borough of Sykesville, Jefferson County, PA by handing to Janet Prave, his wife and adult person with whom he resides, a true copy of the original Notice of Sheriff's Sale and Writ of Execution and made known to her the contents thereof. So Answers: Thomas Demko, Sheriff of Jefferson County, PA. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2002 at 2:09 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nick T. Prave located at 312 Third Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nick T. Prave, by regular mail to his last known address of 209 Grant Street, Sykesville, PA 15865. This letter was mailed under the date of January 28, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Cazlisle, Cumberland County, Pennsylvania, on Mazch 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns. It being highest bid and best price received for the same The Secretary of Veterans Affairs of Washington, D.C, his successors and/or assigns of Wissahickon Avenue and Manheim Street, P.O. Box 8079, Philadelphia, PA 19144, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $~~7, it being costs. `7G~ f5 Sheriffs Costs: Docketing 30.00 Poundage 15.06 Posting Bills 15.00 Advertising 15.00 Aclmowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Jefferson County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 10.00 .50 1.00 9.75 .82 15.00 20.00 9.00 66.50 251.45 203.10 24.20 25.00 26.50 $767.88 paid 3118/02 Swom and subscribed to before me This ,~"~' day of Q~o,~,,~ 2002, A.D.~~(,1 ~b~.~. , rothonotary 5~~~.Om+r.~ , ~~ R. Thomas Kline, Sheriff BY~./a~ ~J-vytt,U~ Real Es at to Deputy (~'' ~,~ ~'~ C/e..3548P e~ /z3 sir HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 312 THIRD STREET, ENOLA, PENNSYLVANIA: 1. Name and address of the Owner(s) or Reputed Owner(s): Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 DTiclc T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 5. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating =to unsworn falsification to authorities. ,*`~ ~' 'J Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 4 HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V5• CIVIL ACTION - LAW NICK T. PRAVE NO. 2001 5359 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 312 THIRD STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: N0. 2001 5359 1S: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property NICK T. PRAVE A/K/A NICK THOMAS PRAVE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOV. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT. ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may, file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for_ a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL .THAT CERTAIN-tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the :westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 89 degrees West 99 feet to a point on the easterly line of State Street; thence along same North. 08 degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 18 minutes East .95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of .BEGINNING. EIAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and Beth M- Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TC BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUpGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 WRIT OF EXECUTf'ON,artc~/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-5359 CIVIL 1~ COUNTY OF CUMBERLAND) C1VYL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To Satisfy the debt, interest and costs due Homeside Lending, Inc. _ - ____ PLAINTIFF(S) from Nick T. Prave (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) islare enjoined from paYitlg,any debt to or for the account of the detendant(s) and from delivering any property of the defendant(s) or otherxrise?dspQSing thereof; (3) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundintheppssessionof~Inytift~o(her than a named garnishee; you are directed tanotify himlherthat he/she has beenaddetl as a garnishee and is enjoirte~~s hbove stated. Afnount DUe $y5 264 OS Interest at $11.33 per diem to sale date $3,7§r3~15 Atty's Comm Atty Paid _ Plaintiff Paid Date: L.L. $. 50 Due Prothy Other COSts Late charaes at $20.18 per month to sale date $80.72 Escrow Deficit $2,000.00 December 12, 2001 Curtis R. Long Prothonotary, Civil Division REQUESTING PARTY: Purcell, Krug & Haller Name n ~,_„~ Fart_ _. Address: ~-,,,, ,,,.,~-no~,'^~ro.:R strPe+ _~ AttOfney fof: Plaintiff Telephone: (717)234-4178 Deputy Supreme Court ID No. 15700 REAL ESTATE SALE No. s3 On December 13, 2001, the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township f/k/a West Fairview Borough, Cumberland County, PA, lmown and numbered as 312 Third Street, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference ~~ incorporated herein. ~nn ~~ Date: December 13, 2001 By: p ~eal Estate D p y ~si~"~ ~1`}.5~~"~a ~e ~ EE ~ Z~ ~~~ 1.1~1}~~ tai a~ ~3t9a~ dd-U~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAd No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said C~unty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. r ~ ~ , _ PUBLICATION COPY SALE #53 22nd da4 of Februarv 2002 A.D. Tent' L. Rueagll, Notary Pubac/ Hamaburg, Dauphin County MyCommisslonExpireaJuire8,2aeP N TARY PUBLIC Member, PennsyNanla Aesociatbn of Notetipgy commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 i Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 201.60 Probating same Notary Fee(s) $ 1 .50 Total $ 203.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... -- AEAL ESTATE,SALE NO.53 - : Wdt No.2001.5959 "" "' ~lvil Tarm -° Homeside Lending, Inc. - --~NickT. Prave Ally: Leon P. Haller 1IlV tract or parcel of land and improvements thereon :.Cumber)_ul8 Countg, Rennsylvania, more ;E partcular7y bounded-and described as follows, tb wit:- @$EGINNING xt a point ov the westedy line of =Third Street, which point is 108 feet "nodhwatdly of the northwesterly comer of ~_ icd_ avd Clay 54eets; thence tluough the center of a party wall and beyond South &M1 degrees West 94 feet to a point on the eazterly Mme of State Street; du=nce along same Nonh OB ~egrges 10 minutes Wes[ 36.80 feet to a point; thence Norlh 82 degrces 18 minutes east 9550 tfeeUo a point on the westerly line of third `r_-Street ihenm zlong same South 06 degees ?~Eas[_3958 feet tp a point, the place of ~DGINNING. _- HAVING THEREON 112ECtED a dwelling known and numbered as 3I2'1ltird Street. BEING THE SAME premises which Gary T~ Yorlets and Beth M. Yorlets by deed dated 8119! -96 artd recorded in Cumberland County Deed " Book 144 page 870 grmted and conveyed unto -NckThomas Pmce.. ~'0 BE SOLD as the properly of Nick T. Piave e.s/k/a Nick Thomas Pravc" on Cumberland Cduuty lodgment No_20015359. PSSMENT.45-17-1044-Iq6, _ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~~ Rog r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 ~4aryr Public land March 5, REAL ESTATB $ALE HO, SS Wrlt No. 2001-5359 Civll Homeside Lending. Inc. vs. Nick T. Prave Atty.: Leon P. Haller ALL THAT CERTAIN tract or paz- cel of ]and with the buildings and improvements thereon erected, situ- ate in West Fairview Borough, Cum- berland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet nortliwardly of the northwesterly corner of Third and Clay Streets: thence through the center of a party wall and beyond South S4 degrees West 94 feet to a point on the easterly line of State Street; thence along same North OS degrees; 10 minutes West 36.80 feet to a point: thence North S2 degrees IS minutes East 95.50 feet to a point on the westerly line of third Street; thence along same South O6 degrees East 39.58 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorle~ and Beth M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPER- TY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBER- LAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146.