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HomeMy WebLinkAbout01-05377COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which National city Mt¢ Co is the grantee the same having been sold to said grantee on the 8th day of Seot A.D., 2004, under and by virtue of a writ Execution issued on the 18th day of March, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Tenn, 2001 Number 5377, at the suit of National Citv Mta Co dba Accubanc Mtg against Orville F Nauss is duly recorded in Sheriff s Deed Book No. 265, Page 2013. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a7~ day of A.D2004 Recorder of Deeds u~a wry°a~~°'ao~oe National City Mortgage Company, d/b/a Accubanc Mortgage VS Orville F. Nauss In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5377 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:38 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Orville F. Nauss, by making known unto Orville Nauss, personally, at 432 Third Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:38 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Orville F. Nauss located at 432 Third Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Orville F. Nauss, by regular mail to his last known address of 432 Third Street, Enola, PA 17025. This letter was mailed under the date of July 14, 2004 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, OH 45342, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $809.01. Sheriffs Costs: Docketing $30.00 Poundage 15.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 11.84 Levy 15.00 Surcha~~ge 20.00 Law Journal 279.35 Patriot News 270.97 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 809.01 Sworn and subscribed to before me So Answers: This ~ day of (~7rp~,~~ R. Thomas Kline, Sheriff 2004, A.D. t.~. '}'~ ~ _ rothonotary BY Real Esta eputy W ~~ 3~~ ,~ ~~y'~2'fl _.._-~__ . _ _.l -__ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129:1 Naiioral City 1:4ortgage Co., et aI ; Plaintiff in the above action, sets foiih as bf the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None ~.. r 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person. who has any reccrd Lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 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: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsbero Township American Water Trash & Sewer of Twp of East Pennsboro Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division 98 S. Enola Drive Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 S. Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 iii Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance ,' .- Tenanf/Occupant One Courthouse 5quaze Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 432 Third Street Enola, PA 17025 I ,verify that the statements made in this affidavit are true and correct to the best of my personal lmowledge or information and belief. I undetstand'',that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Mazch 12.2004 Date SWORN TO and subscribed before me this 12th day of March, 2004. /.. i /J ~s~.nt Hi!IS 8oro. AI V Ccr: ~iss!r,.. Expires seas Notary Public 28, •i. NOTICE OF SHERIFF°S SALE OF REAL. ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE,NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleasdf~CumberlandCotidtygPennsylvania-andtotheSheriffofC~tttberland Count}i;,~eeted;therewill' be ezoosed to Public Sale'in Cumberland Cotmty Courthouse oncSeptember 8, 200~t~at10:00 A.M., the following described real :estate, of which Oiville Nauss are owners or reputed owners:' Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 The-said Writ;of?Execution has issued on a judgment in the mortgage foreclosure action of NationalCity MortgageCo:'et al vs. Otville`Nauss at No. O1-5377 Civil Divison;in-the amount of $86;734:67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to beheld or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your pair is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not fil a with the Court any defense or objection you rtriglifhavewithiniwenty (201 days after service of tle'Complaint for'Ivlgrfgagc Foreclosure and Notice' to Defend, you may have the right to have the judgment opened in you pro:npt<yfile a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was- entered before twenty (20) days after service or in certain other events. To exercise this right;' you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriffwill deliver the Deed if no petition to set aside the sale is filed within ten (10) days fi-om the date when the Schedule of Distribution is filed in the Office of the Sheriff. L,o i~ P. Vitti, Esquire A rney for Plaintiff 9 Fifth Avenue ittsburgh, PA 15219 (4l2) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, dlb/a ) N0.01-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. } LEGAL DESCRIPTION ,., All~tfiat certain tract or parcehof land and premises; situate,l_v'ing and being in the Township of Bast Pennsboro (formerly known as the Borough%of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: Beginning at a point on the Western line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line ofLocust Street; thence South 42 degrees 30 minutes East along said Western line of,North Third Street a;distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30; secopda-West along the2hlprthen linE oflands of Joseph Bowed a distance of 110.02 feetlo a p.k: nail on the Eastern line of ChestnurtStreet; thence-North 42 degrees 30 minutes West along said Eastern line of Chestnut Street a distance`df 22:00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00'feet to a drill hole on the Western line of North Third Street; the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-17-1044-023 Being the same premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss ___. ....,,...~..,, __. _ ._.. _ _~ -_ .._. I_ _._, s.. I __ _ s ~• WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5377 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY d/b/a ACCUBANC MORTGAGE Plaintiff (s) From ORVH.LE F. NAUSS, 432 THIRD STREET, ENOLA PA 17025. (1) You are duected to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 432 THIRD ST., ENOLA PA 17025 (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 norify the gamishee(s} that: (a) an attachment has been issued; (b) the garnishee(s) is enj oined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gartrishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 L.L. Interest 06/25/03 TO 09/08/04 = $6,794.19 Atty's Comm % Due Prothy $1.00 Atty Paid $836.21 Other Costs Plaintiff Paid Date: MARCH 18, 2004 CURTIS R. LONG Pxoth otary (Seal) By: ~ ~" Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVENUE PITTSBURGH PA 152fl9 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court ID No. 01072 NL'S 3tx~uN ~I~ud~ma :mM .,ate ~a x~„~x E ~ „~::=a ms<~mr~sffiSkI~K~MtlkIW~ - .. Real Estate Sale #10 On May 14, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 432 Third Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 14, 2004 By:~`od~,~wu~t Real Estate Deputy -~ , { ,~~~s ~;~ii h , a r, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 Mazket 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 Mazket Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mazch 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 regulaz daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. 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 aze tore; 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 nnan;mously passed and adopted severally by the stockholders and boazd of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................... .../Q~. ~~~ COPY Sworn to and scribed before me this 23rd day of st 2 A.D. SALE#10 ~~wl_r Terry L. Russell, a ~ expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 270.97 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 ...........................:........................................ REAL ESTATE SALE No. 10 - - Wr1t No. 2001-5377 g - ~ ,--Clvll Term - -- Netlonal City Mortgage Co., d/b/a Accubane Mortgage .. ... ~_Vs- __ - Orville F. Nauss Atty: Louts P.VIttl ..DESCRIPTION _ -_ _. .- ~ - ALL THAT CERTjIN tact or pared of landaod premises, si[da't, lying and being -n ti~.e -Township of Fast Pennsboro (Formerly knovm as Ore Homugh of Wes[ Fairview), County of Cum- _ `&Tand and Commonwealth of Penn-syfvania_ bounded and described as fotlows: BHGINLV[NG_at_apoint on the Western line - of North 77tird Stree4 said point being by same --measored in a Southeasterly d'¢ection 173 feet 27 ls_of Joseph Braver a distance of to a p.k, nail on the Eastern lice of reap. thence North 42 degrees 30 ,t along said Eastern Tine of Chestnut Lance of 22.OO,Ceet to a p.k. nail; __ a 47 degrees 30 minutes East along on_ known as aarea_uwfu~uuu ano- cornea on wtar(, jn the Recardee of eedg Office of - ecLa4dCounty Pennsylvania in Deed Book - ie 218, page 314, granted and con-vryed: )aillEE-Nauss. e 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. Lisa Marie Coyue, 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, JULY 16, 23, 30, 2004 Affiant farther 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. ~ ~--- isa Marie Coy e, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOTS E. SNYDER, Notary Public Carlisle Boro, Cumberland Courtly My Commission Expires March 5, 200.ri REAL ESTATE $ALE NO. 30 _ Writ No. 2001-5377 Civil National City Mortgage Company, d/b/a Accubanc Mortgage vs. Orville F. Nauss Atty.: Louis P. Vitti LEGAL DESCRIP7YON All that certain tract or pazcel of land and premises, situate, lying and -being in the Township of East Penns- boro (formerly known as the Bor- ough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and de- scribed as Follows: Beginning at a point on the West- ern line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 min- utes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Norther line of lands of Joseph Bower a distance of 110:02 feet to a p:h.--nail on the Eastern line of Chestnut Street; thence North 42 degrees 30 min- utes West along said Eastern line of Chestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point and place of begnning. Having erected thereon a dwell- ing known as 432 Third Street, Enola. PA 17025. Parcel #45-7-1044-023. Being the same premises which Thomas W. Shumaker, Sr. and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on D3/29/2000 in the Recorder of Deeds Office of Cumberland Coun- ty. Pennsylvania in Deed Book Vol- ume 218. page 314, granted and con- veyed unto Orville F. Nauss. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, d!b!a ACCUBANC ~- MORTGAGE NO. C~ ~ - S~'1'7 ~i u i~ ~ ~,'-~ COMPLAINT IN MORTGAGE Plaintiff, FORECLOSURE vs. ORVILLE F. NAUS$ Defendant. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 COMPLAINT IN MORTGAGF FORECLOSURE 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 THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR 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 SHOULD 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3fl66 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamsiburg, Ohio. 2. The Defendant(s) is/are individuals with a last known mailing address of 432 Third St, Enola PA 17025. The property address is 432 Third Street, Enola PA 17025 and is the subject of this action. 3. On the 28th day of March, 2000, inconsideration of a loan of Sixty Six Thousand Three Hundred Sixteen and 00/100 ($66,316.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the 29th day of March, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1602, page 1092. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A" ATTACHED HERETO. 5. Said mortgage provides, inter alias "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since April 1, 2001, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized ou the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Seventy Seven Thousand Twenty Six and 48/100 Dollars ($77,026.48) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff NAUS, , SCgIEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 8.5000% from 03/01/01 through 9/30/01 (Plus $15.3368 per day after 9130!01 ) Late charges through 9/11!01 0 months @ 20.34 Accumulated beforehand (Plus $20.34 on the 17th day of each month after 9/11/01 ) Attorney's fee 65,858.12 3,266.74 328.68 3,292.91 Escrow deficit 4 2 3 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 77,026.48 ,;: -. . ,.. .. _ _, _. .; p'irst ,Antericmt Title Insurance Company Commitment No, 903906 SCNEDUIE C n7.r• TItAT CERTAIN treat or parsel aP land and pYemises~ situate, lying and being in the Borough of West Fnirview~ County of Cumberland and Commonwealth of Pennsylvanian mnre,particulazly bounded and described as follows: BEGINNING at a point on the western line of North Third Street, said point being by same measured in a southeasterly direction 173 Peat from the canter line o! T.ocuat street} thence South A2 degrees 30 minutes East along said western line of North Third street a distance of 20.0 Peet to ,a drill hole; theme South 46 degrees 2T minutes 30 seconds West along the nartharn line of lands of Joseph 9ower.a distance of 110.03 feet to a p.k. nail on the Basta«n line o! Chestnut Street; thence North 42 degrees 30 minutes West along said eastern ' North 47Gdeaggrees 30 minu~ssl~astcalongZthe eouthernaline~aPalandahQPce William xindnesa and being through the oentar line o! n partition wall and beyond a distanaa oP 110.00 faint to a drill hale on the western line oP North Third Street, the point and plane o! BEGINNING. BEING known as 432 North Third Street. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: September 12, 2001 C ~ ~ c g p ^ _` s . R.} ~ ~ ~ C7 u~ Z ~~ j C; v ~~ ~y e u~ ~-n °~ _- ~ w ,a LJ ~: ~, ~j ~_-a`r; ' ~ v5' _~ „~....~ __. ,o. .~:, SHERIFF'S RETURN - REGULAR CASE NO: 2001-05377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO ETAL VS S ORVILLE F RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAUSS ORVILLE F the DEFENDANT , at 1810:00 HOURS, on the 20th day of September, 2001 at 432 THIRD ST ENOLA, PA 17025 ORVILLE NAUSS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this d8 `" day of .cn ~~r..- ~ oy' A . D . Prothonotary So Answers: ~~ R. Thomas Kline 09/21/2001 LOUIS VITTI By: D uty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, d/b/a ACCUBANC MORTGAGE NO.O1-5377 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- vs. MILITARY SERVICE ORVILLE F. NAUSS Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this P~3'~ Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $86,734.67, in favor of the National City Mortgage Co., et al, , Plaintiff in the above-captioned action, against the Defendants, Orville F. Nauss and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $65,858.12 Interest from 03/01/01-06/24/03 12,974.93 (Plus $15.3368 per day a8er 06/24/03) Late charges (Plus $20.34 per month from 09/11/01-12/10/03 $528.84) 328.68 Attorney's fee 3,292.91 Escrow Deficit 4,280.03 (Plus any additional charges that maybe incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff s sale) Total Amount Due 86_ 7 The real estate, which is the subject matter of the Complaint, is situate in Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Th'rd Street, Enola, PA 17025. Parcel# 45-17-1044-023 ~~ ouis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d(b(a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE P. NAUSS, ) Defendant. ) CERTIFICATION OE MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on June 12, 2003, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: ~ V ou s P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 24th day of June, 2003. Public ~ ~ ,~pigt, g~ L0~ 0. EVANGELISTA, NOTARY PUBLIC CRY OF PITTSBURGH, ALLEGHENY COUNTY MYCOMPAISSION EXPIRES OCTOBER 17, 2005 ... _ _.. ... ..v.~-.w==w~r.w~sem - .... _ _ I. .. IN THE COURT OF COMMON PLEAS OF CLIIYIBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, dJbJa ACCUBANC MORTGAGE, Plaintiff, NO. 01-5377 CIVIL TERM vs. ORVILLE F. NAUSS, Defendant. I10'IPORTANT NOTICE TO: Orville F. Nauss 432 Third Street Enola, PA 17025 Date of Notice: June 12, 2003 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS TI & C T +S, ~C, . BY: itti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health"Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil-Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments..herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions'of the Soldiers and Sailors Civil Relief Act of 1940. -- _ ___-- --~t11~J ouis P. Vitti, Esquire SWORN to and subscribed before me this 24th day of June, 2003. Notary Pub11C ~ NOTARIAL SEAL LQI$ A. EVANGELISTA, NOTARY PUBLIC t11TN AF PITT56URGH, ALLEGHENY COUNTY MYP.®MMISSION EXPIRES OC70RER 17, 2005 ~ ar i'.,_ o~3yei<t~i°®'==~^'_' ,.;~nAfwtili~dti~' - ~ - ~ 4 ~ ~ ~, ~ ~ -~- CY) d:. .{ <: :-; 'v ~ Q b :':.. ~-~ ~~~ ~ ~~~ ' ~~ ~~ Y17 EiTt clyl^~l_'1 tD _i _ u-,I . , IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ORVILLE F. NAUSS, JR., DEBTOR. CASE NO. 1-O1-04928 National City Mortgage Movant, ~. Orville F. Nauss, Jr., Debtor, and, Charles J. De Hart, III, Trustee CHAPTER 13 FILED ?A JUN - 3 2003 Clerk, U BankruptcY_C°urt ORDER bra NOW, this day of ~~~~ , 2003, is ORDERED AND DECREED that . The Automatic Stay of all proceeding, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) I1, S.C. 362, is modified to allow National City Mortgage to proceed with or resume proceedings in Mortgage Foreclosure, including, but not limited to Sheriffs Sale regazding Debtor's real estate; and to take action, by suite or otherwise, in its own name or the names of its assignee, to obtain possession of said premises or other actions relative to such property located at ~3? Third Street, Enola, PA /7025, /s/MARY D. FRANCE Please send copies to: Orville F. Nauss, Jr. 432 Third Street Wes[ Fairview, PA 17025 Charles J. De Hart> III P.O. Box 410 Hummelstown, PA 17036 Steven P. Miner P.O. Box 5300 Harrisburg, PA 17110-0300 LOUIS P VITTI ESQUIRE 916 FIFTH AVENUE PITTSBURGH, PA 15219 ~ ~ o ~ -~ ~ T z-~,r' r- ~,, ~~.~ -. ~~ ~4' ~ -'-~ ~; ~ 'yam --~ ~g 4°~ .. sas~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE CIVIL DNISION NO. 01-5377 CIVIL TERM Plainfiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. ORVILLE F. NAUSS Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $86,734.67 Interest 06/25/03-12/10/03 2 6 7.25 Total 89 341. 2 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate m: Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025.Parcel# 45-17-1044-023 o is P. Vitti, squire Attorney for Plaintiff IN THE COURT OF COMNfJN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -~ _ CIVIL DIVISION -- - ~- - PRAECIPE FOR WRIT OF E.4rCUTION aotion: I~timal City Nbrtg~ge Camay, et al ( ) Confessed Judgment ( ) Other File No. 01-5377-Qvil Teem vs. Orville F. Nauss Arroun t Due 86, 734.67 Interest 2,607.25 Atty's Cann ?'0 THE PROTHOPX7fARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judc~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as ~_rpnded; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above netter,to the Sheriff of Q~~3 County, for debt, interest and costs upon the following described property of the defendant(s) Bee attach~l legal descriptim PRAFPTFF' FOR ATTACr3ylENP EXFJCLTPIC~7 Issue writ of attachment to the Sheriff of Q~r]axl County, for debt, interest and costs, as above, directing attact~.rrent against the above-oared garnishee(s) for the following property (if real estate, suooly six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis real estate of the defendant(s) described in the attached exhibi~~ against L DATE: Pint Name' Tmris P. Pi.tti caress: 916 5th Aae Pa 15219 ~~to!-tey for -a 1e c:^.o re Plaintiff 412.281.1725 ~~m4U.&~6lb rrnnrx~a~'-~.e hn iFnx x~.._.,qus~! x r,,. 4s..._ _ __.., =. .-.- ,o-~-~.~5 ~ - ~~W-:- "am.~-=. n.~• 1 ~V \~ 1,_ e ~ .! w ~0 f`-' v c$ D c 1 ?J ^~ '~ `~ ° ~ C ~ e z o ~ G 1 ~ ~ ~ ~., I ` ~~ 0 C~ "O ls, (M L v, _:- -„ar -, Q t.~ CC~ yam 'y r-'~, - r_: n j ~~.' ~ J~ ~ ~ - ~ Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, dlbla ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview, County of Ctitmberland and Commonwealth of Pennsylvania bounded and described as follows: Beginning at a point on the Western line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 minutes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Northen line of lands of Joseph Bower a distance of 110.02 feet to a p.k. nail on the Eastern line of Chestnut Street; thence North 42 degrees 30 minutes West along said Eastern line of Chestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-17-1044-023 Being the same premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03!2412000 and recorded on 03129/2000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss ...,>, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 432 Third Street, Enola, PA 17025. uis P. Vitti, Esquire SWORN TO and subscribed before me this 24th day of June, 2003. -.ti~~tt~wsu.~t,.~~~.,y.~-v..~J--+t~s-:.~~,.a n.c~.~.,..;,: ..__~:. -..-.-,~'.s~4[.-' p ;.. ;. ~.,; ~lTl ~-- ---1 tT7 r,-; C -:r= l:~ C. ~ _~11.~y ! ~~_-, it~ .`.a 3' T( p i" lLJ J ft7 l L7 ~ M ~ fi + ., .. ~ ~9~ ~° ,.,r,}t j'.~ly tly a --~'=`Fng~ iV Y~}iti `. .,_. _ _ - -, ._ ~, u ~ ,.. a;: , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.Ol-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company, et al am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. uis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 24th day of June, 2003. Public `'Z- g~~igi, gam, ~, EvaNOeusra, worarr c ~nressio~ vix c. _~ ~.C-- 1 _c71Tt r~_; _aG r -7' Ti ~ ~ C=. '~° C'7 ti~ ~ .x:71 ~ o ~ '^.. d * ,r- ,. ~. t ~ L l IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.Ol-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et al , Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None ,~,. 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township American Water Trash & Sewer of Twp of East Pennsboro Commonwealth of PA -DPW Clerk of Courts CriminaUCivil Division 98 S. Enola Drive Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 S. Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 semlvre +- I. ~"Y@. Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division BTUeau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 432 Third Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or 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. June 24 2003 Date SWORN TO and subscribed before me this 24th day of June, 2003. Public ` ~T'~~'I.sEA~- LO~ A. EVANGELISTA, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MYCOMMISSION EXPIRES OCTOBER 17, 2005 Attorney for Plaintiff ~ ~ o -T, ~ m ~ _~ _; om, r- ,, ~,_` ~ =;~ Wit: A~_ ~ ~ j~ ~~nl Z _ lD -~ NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Ctiunberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 10, 2003 at 10:00 A.M., the following described real estate, of which Orville Nauss are owners or reputed owners: Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Orville Nauss at No. 01-5377 Civil Division in the amount of $86,734.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to he held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. ,~ . . . -.. YOU SHOULD TAI{E THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TFIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer maybe able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the-sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ouis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE ** vi6lwfi d: RY2 £:a a'. veMn. i3 ~ -. ~. -t ~ ~ ip...i.. ... ..,.. _: ~ .:ie±~:.~ H.~fr -~$:i~ ~- ~! Q (~ -_{ nfr: Z ~' r- .,~..~. ~. ~ p irr 17 U) .'; -- i I ~[~; i. ?> ,. .._ _ _ y_..,,,,,, _ - -- - ~.° -°= ~-- _crre rte.: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5377 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, D/B/A ACCUBANC MORTGAGE, Plaintiff (s) From ORVILLE F. NAUSS (1) You aze directed to lery upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You aze 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) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 L.L. $.50 Interest 6/25/03 -12/10/03 - $2,607.25 Atty's Comm % Due Prothy $1.00 Atty Paid $110.40 Other Costs Plaintiff Paid Date: JiJLY 1, 2003 CURTIS R LONG Prothonot ~ (Seal) / By //~ /~ _~~~~~ Deputy (,~ REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 5~ AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone:412-281-1725 Supreme Court ID No. 3810 -,~ ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE CIVIL DIVISION NO. 01-5377 CIVIL TERM Plaintiff, PRAECIPE TO REISSUE WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Filed on behalf of Plaintiff ORVILLE F. NAUSS Code MORTGAGE FORECLOSURE Defendants. Counsel of record for this party Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 ~- ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVII,LE F. NAUSS, ) Defendant. ) PRAECIPE TO REISSUE WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly Reissue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $86,734.67 Interest 06/25/03-09/08/04 6 794. 9 Total X93.528.86 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025.Parcel# 45-17-1044-023 P. Vitti, Esquire iev for Plaintiff ~. ~_ ~, .-f,: :~ ca c" .,v °-- ti _. ..: ...t ~, -;, ., :r ~, ;,; =?'a c~ ~:3 ~=7 J' ~~ --euuu.-.tea-.yam. _.., -._ ~ ,,..-. I IN THE COURT OF COMt~10N PLEAS OF CUMBERLAND COUNPY, PENNSYLVANIA -- -_ _ CIVIL DIVISION _- - - -- - -- - - PRAECIPE FOR WRIT OF E°.tECUTION 'antion: N o,~HOV,a~0.. ~ Mmr~le~aye Co, e}a~ ( ) Confessed Judg[~nt ( ) Other vs. O~v~~l~ F`No,~ss TO THE PROTHOI~UT'ARY OF THE SAID COURT: File No.~~, rj~-p-). Ctv~~ ~ rm Arroun t Due $lo r -~ ~y . L -~ Interest ~,, ~qy, ,9 Atty's Cann Costs The undersigned hereby certifies that the below does not arise out of a retail insta7.]s[ent sale, contract, or acwunt based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as am..nded; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cun1~02C,Q.~nc1 County, for debt, interest and costs upon the following described property of the PRAECIFE FUR ATTAC~~2lr EXFXZ7'1`ION Issue writ of attachment to the Sheriff of ('1imtj~~Q,~.,d County, for debt, interest and costs, as above, directing attacl~unent against the above-named garnishee(s) for the following property (if real estate, suooly six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit.~~--, / DATE: ;5 "~ ~~ Signature: . ~`'~ ?tint Name` Ov d address: ~~~ 5}` A~$ ~Ah PA ~~la Attorney Eor: ~lQ,i „~ ~ •d~b Tz~echnre: U111.7~L 11"ZS IIV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly known as the '.Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: Beginning at a point on the Westem line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 minutes East along said Westem line of North Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Northen line of lands of Joseph Bower a distance of 110.02 feet to a p.k. nail on the Eastern Brie of Chestnut Street; thence North 42 degrees 30 minutes West along said Eastem line of Chestnut Street, a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-17-1044-023 Being the same premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.Ol-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information an d belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 432 Third Street, Enola, PA 17025. P. Vitti, Esquire SWORN TO and subscribed before me this 12th day of March, 2004 Nruzial Seal Site=rry L House, Nolan/ Public ~lae.;.~,~±Hiils Doro, At;egheny County My Curmlasslo Sxpirss January 28, 2007 ~. ~z~.n,r~rr. Pef!nso4~. ni?_ P,~s^r'iaSnn OF NnYanz ~. ~ _ ~~ I `~'~' ~~ f ~} c~ cT- ~ - _ ~ _i c `~ --~-.. ~ ~ - :r.~ ~~ -ri .-~ C a r.i- ~ n-i °~ c U,, ~ • 4 -~,, r-. ~ ~ ~ ~ ~ ~ ~ ^_, i-' "UCH ~ ~ ~ ..<~ -~_- -,~: ~~ ~~ ~ `~ Yeu:n... _. ...._ _ _ YYYa1WY _. ___._ ...... I _ -. ~ - muu.... _.. ,~...... ... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5377 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY d/b/a ACCUBANC MORTGAGE Plaintiff (s) From ORVILLE F. NAUSS, 432 THIRD STREET, ENOLA PA 17025. (1) You are duetted to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 432 THIRD ST., ENOLA PA 17025 (SEE LEGAL DESCRIPTION) . (2) You are also duetted 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) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 L.L. Interest 06/25/03 TO 09/08/04 = $6,794.19 Atty's Comm % Due Prothy $1.00 Atty Paid $836.21 Other Costs Plaintiff Paid Date: MARCH 18, 2004 CURTIS R. LONG Protho~ ary (Seal) By: ~ ~ ~` Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVENUE PITTSBURGH PA 15219 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court 1D No. 01072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company, et al am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. P. Vitti, Esquire Bey for Plaintiff SWORN TO and subscribed before me this 12th day of March, 2004. " -Notarial Seal Sherry L Nouse, IVo~sry Public Pleasant Hills Borq ASiegheny County y Commissior. expires January 23, 2007 tuber, Pennsylvania Assrr„•iaEun Of Notaries c~ -,~ -T, r; ~ ~ Fi_ ~ -_ _ ^' ~~ ~ ~ ' ~~ - - - ~ ~~ wC 'Y t.... ~rj -~ .~ = ®~ w.j '~. c~ ~~ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 'i129 1 National City Mortgage Co, et al ,Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 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: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township American Water Trash & Sewer of Twp of East Pennsboro Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division 98 S. Enola Drive Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 S. Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 432 Third Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or 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. March 12.2004 Date SWORN TO and subscribed before me this 12th day of March, 2004. )tary Yul7Yl~otarial Seal Sherry L. louse, Notary Public i'~aasaat Nills P,oro, Allegheny Cqu iU1y Commisslc~ ~ Expires January ~8, Jembar, Pen.^s~lvania Association OEN ~~. ~.~ N ~.. C9 - r- [7,1 ~_-i..` __ 'i~ -- ,..., -+S .--~ (il -~ i Z% J ~~ -..-r, TI b~; ~;~„ t: NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Ctiunberland County Courthouse on September 8, 2004 at 10:00 A.M., the following described real estate, of which Orville Nauss are owners or reputed owners: Boro of West Fairview, Cry of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Orville Nauss at No. 01-5377 Civil Division in the amount of $86,734.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to beheld or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. b..ied,.. o ~ ~u.ey t>, YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not fil e with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no p etition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Lo i~ P. Vitti, Esquire A rney for Plaintiff 9 Fifth Avenue ittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** • ~ ~~ ~-} hT f_ D F :_i ; :%",+ ti 1. _a.. - W ..s L1 ~7 -~''T I fil ~: '7 ~+` C7 '. ._j C Eel, ~ }fit ;~ ~~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE Plaintiff, vs. ORVII,L.E F. NAUSS Defendants. CIVIL DIVISION NO.O1-5377- CNIL TERM AFFIDAVIT OF SERVICE Filed on behalf of Plaintiff Counsel of record for this PAY Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, ) NO. O1-5377-CIVIL TERM d/b/a ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVTT OF SERVICE r I, Helen Boyce, do hereby certify that a Notice of Sale has been served upon the Defendant on July 14, 2004 by the sheriff of Ctiunberland County and all Lien Holders, by Certificate of Mailing, for service in the above-captioned case on March 19, 2004, advising them of the Sheriff's sale of the property at432 Third Street, Enola, PA 17025 on September $, 2004. SWORN to and subscribed before me this 30th day of July 2004. Sherry L F Pleasant Hills y Commissia~.. seal Notary Public 28, LOUIS P. VITTI & ASSOCIATES, P.C. BY `~ Helen Bo ce us. posrAL sERwcE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATONAL MAI4 OOE5 NOT PROVIDE FOR INSURANCE~P0.5TMgSTER R«NVetl Fnm: Louis P. Vltti $ Associates. P.C 916 Fifth Avenue. Pittsburoh PA 15219 One piece oroNinery mail addrmoed b: Clerk of Courts Criminal/Civi1 Division One Courthouse Square Carlisle, PA-17013 ra roan au r r, aanuary zuul U.5 POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR 00 /.ESTIL ANO INTERNATIONAL MgIL, DOES NOT PROVIDE PoR INSURANCE-POSTMASTER Rxaiwtl From: Louie P. Vit9 8 associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 .ane plx. aramin.ry man,aa~.a m: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DO STIL ANO WTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Recaivea Fmm: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 Oia plwe of orQnary mall aaa,wea m: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisie, PA 17013 PS Form 3817, January 2001 t I I 1 Afl ar Po PL fe< A8 or i Pa PD (ef ,- ~'~T., i i,, :1 ~;,!~ I;. rrt '~+.i s f to ~__..-"~ t l:i Lt 5 I-,~ C .7 yfi M' ( t.,l ry i<6 i~s- ~~ E~~~ P~ , Jo ~~~ ~~ s I r<E! i1t s XU tom'-~V,~ in a ;:i i sea , ~.. ,..~. ~ e. r'.~ ~ 1 ;a aril r; :c _~~ `~ ~O, ~ ~` } A ` ~ ~~! ~4; i ~C` \~ ~, \ 5.. i ~„ ,~ ~ c~ ca ~~ ur3 ~~i~ ~~1 T 'I -r A ~~. '. L. of ~7 j:: ~~~1.) P. /-~ +~ Q `~'., fe ~P - / `\ +~ US. POSTAL SERVICE CERTIFICATE OF MAILING MqY RE USED FOR 00 FSTI(: pNO WTERNATIONAL MAIL, 00 NOi PROVIDE FOR INSURANCE-POSTMASTER RxeivA From Louis P Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburoh. PA 15219 One pima oraralnary mall etltl,nsatl m_ Bureau of Compliance Clearance Support Section Dept# 281230 Harrisburg, PA 17128-1230 Attn: Susan Slough PS Form 3817, January 2001 cro ¢ !1t ~. : ~`? Cry ~ ~~. ~? ~~ i n,i : , , ern'»rr~q U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATWNAL MAIL, DOES NOT PROVIDE FOR WSURANCEJ'OSTMASTER Recdvatl Frvm: Louts P. Vitti & Associates. P.C, 916 Fifth Avenua. Pittsburgh. PA 15219 a.. plc. pmrtlin,ry m.n aaal.a=.a m: Tax Collector of East Pennsboro Township 98 S. Enola Drive Room 101 Enola, PA 17025 rs rprm "SU77, January 2001 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAYB VSEp FOR DOMESTIC ANOW NATIONAL MAIL, 00E5N PROVIDE FOR NSURANCE-POSTMgSTER Rwaived ROm: Louis P. Vitti & Associates P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 a,. pies. m.w„ary m.u,aa,.a..a m-. American Water P.O. Box 371412 Pittsburgh, PA 15250 PS Porm 3817, January 2001 us. PosTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTCpND IN NATIO ALMAIL, 06N PROVIDE FOR INSURANGEPOSTMASTER Rxdv.a ROm: Louts P. Vltti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 a.. pl....ro,emery mml aaan~.e m: Trash and sewer or E. Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Ps Form 3at7, January zoot ,~. " ~; ; ~ ~ _ , : P 1 ,r.o ., I t I' - ` IJ _~ • / ~ ..^F Y„„ ' t• 'a;7 ~~~ e !ri iV ~ f C3 j~{~~ ~_ ~ 3 ~i t`~ rWw ~~~ ii t!t ~ ~i cS\ P/?lJ, __.. ..~'; "'~~. ~Q AI F- `f ~ ;, Pa ~ ~)AS Pr 1",~I5~L fel ~h ~+ 1 . ~= i tit i;~t~ 1 "'L,T 9 .~.. A '~re ......,s°c. ~ '~ P~r~ Jr~~\s4~ or G 1 fee ~ _ !.., ~~_ , n 1 ~_, V' lu i II L~Z~ \ _~ .- _, La ~~ tIi U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR pOME CPNp RNATIO ALMAIL,pOESN PROVIDE FOR WSUMNCE-POSTMASTER RxelVetl Fmm Louts P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 Cne piwa of oNinary mall atlam„etl b: Commonwealth of PA-DPW P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817, January 2001 Affil on P4 Pu' fee. cry a ~~ as ~5 ~ rPO ; ! i U~ , tl r ' ~:~ Div -- ~ w - i I I',' l 3 i ~ I ~ ! o:~,,,$ 6Yp ~ :,ia p i+~ ;r,,,! ,LL:l I!1 3i~ i ! i ! ~. ~~M~'M R'~wl vik~~rr \~y \ _4 i .7] • ~ ` HEB.NAUSS.CUMBERLAND.12.10.03 U, S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE UBEO FOR DO ESTIL AND IN NATIONAL MAIL, GOES NOT PROVIDE FOR INWRANLE-POSTMASTER Receivetl FNmt Loup P. vlm a Assodetes. P.c. 916 Flfth Avenue. Plttsburah. PA 15219 Dm plm• om,enen m.n.aareR.a m: TenanUOccupant 432 Third Stroet Enola, PA 17025 PS Form 3817, January 2001 AI or PI P~ fe HEB.NAUSS.CUMBERLAND.12.10.03 '€~&4~t..,«:mv..xrr. ~-~ :a_rs rya., _e=.t_a., .r.. -x.~x .m ti~aa- ~'I I. ~ .. .. ~ C4 SV 5~ .r'„'y 'Ti Z'i~'i~l nay ~ ~~ ~ ~ +t"'J "~ t~: _ s r IV "npiT+ ~ - `^, i ,.,, ,... `+ r ~ f 9 .C'L~ f ~ ~ N VJ .'F °'"` (4~ Elf ~'-"3i 7 ~ ~ ~' ?;. a~}i s~„ i sA ~,, F.'. ~`Py~as.r U a: w a p g w a fA < i J W ~ Q 6' Q 2 Q O F n Z W LL Z w z m ~ ~ w ~ V m n: N 0 O ~~" •5 a~ cn .. v~ ~A a~° :: ~ o ~ 0 UUa, ``" ~ o ai o ~ . ,, U ^m ~,~~ UU~~ T c7 /\/~.~ \/ N 1^ ~'? !? i7 -F r? r A 3 ~ .~ ~,=, a sw :,, , . e... ,. ,., ~~, ~ ~ -~5~37 7 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 89 2004 at 10:00 A.M., the following described real estate, of which Orville Nauss are owners or reputed owners: Boro of:West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 . The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Orville Nauss at No. 01-5377 Civil Division in the amount of $86,734.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten,(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is aj udgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you w ish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO XOUR 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not fd a with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set asi de if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no p etition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. s Lo i~ P. Vitti, Esquire A mey for Plaintiff 9 Fifth Avenue ittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFOP.MATION OBTAINED WILL BE USED FOR THAT PURPOSE.** r, , a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a CIVIL DIVISION ACCUBANC MORTGAGE NO. 2001-5377-CIVIL TERM Plaintiff, AFFIDAVIT OF SERVICE vs. ORVILLE F. NAUSS Defendants. Filed on behalf of Plaintiff Counsel of record for this P~Y~ Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO. O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT OF SERVICE I, Helen Boyce, do hereby certify that a Notice of Sale has been served upon the Defendants on September 8, 2003 by the sheriff of Cumberland County and all Lien Holders, by Certificate of Mailing, for service in the above-captioned case on July 1, 2003, advising them of the Sheriff's sale of the property at 432 3rd Street, Enola, PA 17025 on December 10, 2003. LOUIS P. VITTI & ASSOCIATES, P.C. BY \,JiL» Helen Boyc SWORN to and subscribed before me this 6th day of November,2003. l~lotanal Seal Sherry L. Fbuse, Notary Public Pleasant Hills Boro, Allegheny County My Commission Expires January 28, 2007 'xF'mo6m,v1~RYG'i ~!' ._...... _r. .,,. -'.__...~. `'..--. ~ ... _. .' 3Fd9x.i U.S. POSTAL SERVICE CERTIFI ~ ~~ ~E OF MAILING 1 lr j "'I MAY BE U3ED FOR DOMESTIC ANO INTERNATIONAL Mg14 D0 SNOT W f~ p PROVIDE FOR INSURANCE-0OSTMASTER F ~ fu Receives From: o Louis P. Vitti 8 Associates. P.C. 4 '~ va 916 Fifth Avenue. Pittsburgh. PA 15219 5ta ' ~'~ 711 s 5`~~ ~~.~xYC,a~xy~R q' One place ofaMinarymeil adtlressetl b: ti A- ~`- VT, ~ry,k F!Q Clerk of Courts . G Z •~ ~ 4°A~~v '~v" ~ Cominaf/Civil Division 4~'- ` r , , +~""'~~",+~ a~ ^ One Courthouse Square - ~ J~ '. ~~ ~ { { \ Carlisle, PA 17013 \ -, , 1 PS Form 3817, January 2001 > D'C. ~~-~1' ~., N r,.• m Q ~, a . ~ ~~ \/~ U.S. POSTAL SERVICE CERTIFICATE OF-MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MgIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Rer»Wetl Fmm: 1 nsic O \ One piece of ordinary mail atltlressed b: !~' L'j/T, Tax Claim Bureau of Cumberland County ~w ',;~~ j ,, Cumberland County Courthouse y j ,1,/f~ ~` , One Courthouse Square \C t Carlisle, PA 17013 \~ e~ • „rly U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATI NAL MAIL,DOE NOT PROVIDE FORINSURANCEPOSTMASTER ReceWed From: _,.r +. One piece oroNinery mall amreseetl b: Court of Common Pleas of Cumberland Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PS Form 3817. January 2001 r/ 0 {{C c 177 y '~ CJ ra .O m ~~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC JD INTERNATIONAL MAIL, DOER NOT PROVIDE FOR INSURANCE-POSTMASTER Receivetl Fmm: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 ' ~ A w Ora place of wtlliury mall eddreaeetl b: .a ~I G Bureau of Compliance ~ ' S ,, } Clearance Support Section °'" L ~~ ~~ ~~ Dept# 281230 Harrisburg. PA 17128-1230 /~ ~~,ar Attn: Susan Blough ~~+, G'~ ~\ PS Form 3817. January 2001 HEB.NAUSS.CUMBERLAND.12.10.03 111 W ~ y ~ Q H P7f ~ O PT\ ~; cc _--i J { ~ lit I~df~ a p ~ i~Iy~ ,~~ :~ ' ,I a S."'r rrr ~ 6 ~; wvw4'4tWYR4RWY U.S. POSTAL SERVICE PROVIDE OF MAILING Receivetl From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 one Piero a ommery mail aaereaaea a: Tax Collector of East Pennsboro Township 96 S. Enola Drive Room 101 Enola, PA 17025 PS jam; Iy+il~+««««« !il W © ~ la- O'° ~ !1! B~ .i u.s. PosrAL sERV1cE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIOf AL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RecaNetl Flom: Louis P. Vitti & Associates. P.C. .r• 996 Fifth Avenue. Pittsburgh. PA 15299 1,~~, S One place of atlinarymeil etlEnmaetl io: ~ ''~ /4+. American Water ! k ~ , ~ P.O. Box 371412 ~~^r ~//T Pittsburgh, PA 15250 ~a' ~ ` ,0't; PS Form 3817. January 2001 .. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURPNCEPOSTMASTER Rewivetl Fmm: Louis P. Vltti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 ~t~ One piece of mtllparYmallamreaeetl a: ~~ ,;.-~ ~ Trash and Sewer or E. Pennsboro Townshi rr 9B S. Eno4a Drive ~ .j ` ~~ Enola, PA 17025 ~ `< Y~ PS FDnn 3817, January 2007 /-~ r A! 1`D j ~//ff~~`f~d ~r~Y~y-F~~1- ~~'\t(~JA9~~r~j ~q~C4~lµii d 4 Cj+'YyP ~~, ~sw v ~tyQ ~ 717 y s® i o '. ;i~ r, u° r , U.S. POSTAL SERVICE CERTIFICATE OF MAILING AY BE USED FOR DOMESTIC DINTERNATIONAL MAIL,DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Recelvetl Frpm: Louis P. Vit9 8 Associates. P.C. 916 Fifth Avenue. Pittsburgh. pA 15219 One plecp of wEleary mail etltlreaeetl a: Commonwealth of PA-DPW } ~`S~ 5 t P.O. Box 8016 ~~,~. f. Harrisburg, PA 17105 . i r : ? t f PS Form 3817, January 2001 ~~_ r+ ??d ~wp M O` O t='1 d, 1i! ~ 0 - ~cA ,C 4 .> r F ~l ~?.~!-.4 _. ~ ~ t7r 114P :°? ~j ,.~ ~~I ~ I ~a , ~. „ ~,,. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY aE USED FOR OOMESTICAN INTERNATIONAL MAIL,OOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~ `'~ ReceNeO From: A` ~^ Louis P. Vitti & Associates. P.C. /y ~ ~'~ `~: " 916 Fikh Avenue. Piksburah. PA 15219 .~ 1%l4J 1-. ; u: ova Piece aruNlnary mao aaEreaseO a: © TenantlOccupant ~ ~* ~'c' t,IC ,,~ ~ 432 Third Street "'--~-~= Enola, PA 17025 PS Form 3817. January 2001 HEB.NAUS S. CUMBERLAND.12.10.03 r r r ,,, O F g rr7 H i b ~,.Ratr _._. ._-q ,~ -;;:, .; ,,,.-:--- cff ._.:..;w ~cr~+x~Yu~4t~Y+~ia4d~w.ixan~aar6 ',',5~k.~a--r~~~~ as~e~~4tae~~ -- ~•,. ~ ~`= O C-] ~!S ~~'. ~!~I wi ~y ~ 3 tli~ t ! . ._ Y rte= ~ r~ m ` G - -~ rv /J N i National City Mortgage Company d/b/a In The Court of Common Pleas of Accubanc Mortgage Cumberland County, Pennsylvania VS Writ No. 2001-5377 Civil Term Orville F. Nauss R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Louis P. Vitti. Sheriff s Costs: Docketing 30.00 Poundage 13.99 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 20.70 Law Journal 279.35 Patriot News 253.87 Law Library .50 Prothonotary 1.00 Postpone Sale 20.00 Share of Bills 28.90 $ 713.31 paid by attorney 03/01/04 Sworn and subscribed to before me So An~ s• rte This ~d.n~c. day of ~yte,~,.,/~J R. Thomas Kline, Sheriff 2004, A.D.~~y12cP,~~~ _ BY Prothonotary Real Es e Deputy ~y~~~ (~,,,, 1 ~~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.O1-5377-CIVIL TERM ACCUBANC MORTGAGE, ) Plaintiff, ) vs. ) ORVILLE F. NAUSS, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 31291 National City Mortgage Co., et al ,Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last ln~own address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 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: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township American Water Trash & Sewer of Twp of East Pennsboro Commonwealth of PA -DPW Clerk of Courts CriminaUCivil Division 98 S. Enola Drive Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 S. Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 - - - .~ Jr r ds._ Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance TenanUOccupant One Courthouse Square Cazlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Cleazance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 432 Third Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or 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. June 24.2003 Date SWORN TO and subscribed before me this 24th day of June, 2003. Public z 16bTARiAL sEAL LOTS A EVANGELISTA, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MYCOMMISSION EXPIRES OCTOBER 77, 2005 Attorney for Ylaintitt NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVII. PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 10, 2003 at 10:00 A.M., the following described real estate, of which Orville Nauss are owners or reputed owners: Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Orville Nauss at No. 01-5377 Civil Division in the amount of $86,734.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LH3ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer maybe able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or obj ection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there aze defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ouis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WH.L BE USED FOR THAT PURPOSE ** 66!05(2663 16:28 4122813810 »ITTI AND ASSOCIATES PAGE 02/0^< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ) NO.DI-5377-CIV11. TERM ACCLBANC MORTGAGE, ) Plaintiff, ) vs. ) DRVILLk F. NAUSS, ) Defendant. ) LEGAL DESCRIPTION All that certain tract oz place] of land and premises, situate, ly%ng and being in the Township of East Pennsboro (formerly known as the Borough of West Fairview), County of Cumberland and Connznonwealtb of Pennsylvania boundod and described as follows: Beginning at a point on the Western line v£Nortb. Third Street, saidpoint being by same measured in a 5autheesterly direction I?3-feet tram the center line of Locust Street; thence South 42 degrees 30 minutes East along said Western line o£ North Third Street a distance of 20.00 feet to a dri13 hole; thence South 46 degrees 27 minutes 30 seconds West along the Norther line of lands of Joseph Bower a distance of 110.02 few to a p.k. nail on the Eastern line of Chestnut Street; thence North 42 degrees 30 minutes West along said Hastenu Gne of Chestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point anal place of beginning, Having erected therecm a dwelling l~ovaa as 432 Thud Street, Enola, PA L7025 Parcel# 45-1?-ID44-Q23 Being the same premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03124/2000 and recorded on 03/29/Z000 in the Recorder of Deeds OfFice of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5377 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: . To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, D/B/A ACCUBANC MORTGAGE, Plaintiff (s) From ORVII.LE F. NAUSS (1) You aze duetted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You aze also duetted to attach dre 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) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) orotherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 L.L. $.50 Interest 6/25/03 -12/10/03 - $2,607.25 Atty's Comm % Due Prothy $1.00 Atty Paid $110.40 Other Costs Plaintiff Paid Date: JiTLY 1, 2003 CURTIS R LONG Prothon~ ~ ~'j fL7Z~ (Seal) Rs: a __ / ', Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 5~ AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone:412-281-1725 Supreme Court ID No. 3810 Real Estate Sale # 24 On August 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA lrnown and numbered as 432 Third Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 11, 2003 By:®,~~a~n.~l~~ Real Est e Deputy 0 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 567, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. ®ennison, 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. 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 County of Dauphin in Miscellaneous Book "M", Volume 14. Paae 317. PUBLICATION COPY SALE#24 Notarial Seal Russell, Note 19th 2003 A.D. NOTARY PUBLIC commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 253.87 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundak 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 .................................................................... L ESTATE SALE No.24 N![it No, 2001-5377 Clvll Term onal City Mortgage Co., la Aeeubanc Mortgage Us ~- Orville F. Nauss ~Atty: Louis P.Vitti "DESCRIPTION IT OERTAW tract ar parcel of land ;es, situate, ;ymg awl being in the r( East pengsbero (formerly known as eh of Wes[ Fainicwl. County of 7G at a paint on the Western line of i Slreey said point being by same a Southeasterly direction li3 feet :met Gnc of Locust Street; thence egmes 30 minutes Fast along said of North Third Street a distance of a drill hole; Otrnce Saulh 46 degrees j0 seconds West along the Nonhem- Is of Ioseph Bower a diriance of to a pdc nail on die Eastern Gne of set .{heue Noah 42 degrees 30' t along said Eastern 8ne of Chestnut ranee of 22.00 feet to a p.k, rlivl; r 47 degrees 30 minutes East along i line of lands of W1liams IGndoess nm?gtl the center Gne of a partition erected thereon a dwelling known as tree4 Enola, Pn 17025. premises whichThomas 14. arty L. Shumaker, by their and recorMd on 3(29!2000 ids Office of Cumberland in Deed.Baok L'olumo 2i8, i cameyed unto Orville F. 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. Lisa Marie Coyne, 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, OCTOBER 17, 24, 31, 2003 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. AND SUBSCRIBED before me this 31 day of OCTOBER. 2003_ NOTARIAL SEAL ~ LOIS E. SNYDER, Notary Public Carlisle Soro, Cumberland Courtly My Commission E~lres March 5, 3005 REAd. ESTATE SALE NO. 24 Writ No. 2001-5377 Civil, National City Mortgage Company, d/b/a Accubanc Mortgage vs. Orville F. Nauss Atty.: Louis P. Vito LEGAL DESCRIPTION All that certain tract or pazcel of land and premises, situate, lying and being in the Township of East Penns- boro (formerly lmown as the Bor ough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and de- scribed as follows: Beginning at a point on the West- ern line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 min- utes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole: thence South 46 degrees 27 minutes 30 seconds West along the Northern line of lands of Joseph Bower a dis-.~ tance of 110.02 feet to a p.k. nail on the Eastern tine of Chestnut Street: thence North 42 degrees 30 minutes West along said Eastern line of Chestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along Che Southern line of ]ands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning, Having erected thereon a dwell- ing known as 432 Third Street Enola, PA 17025. Parcel #45-17-1044-023. Being the same premises which Thomas W. Shumaker. 5r. and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland Coun- ty, Pennsylvania in Deed Book Vol- ume 218, page 314, granted and conveyed unto Orville F. Nauss.