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HomeMy WebLinkAbout01-0543HOMESIDE LENDING, INC VS. ROBYN M. NOLEN Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM 1S A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOT1FICARIO, DEC1DIR A FAVOR DEL DEMANDANTE Y REQUER1RA QUE USTED CUMPLA CON TODAS LAS PROV1SIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PEP, DER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 HOMESDE LENDiNG, INC, VS. ROBYNM. NOLEN, Plaintiff Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintift; the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, 1NC, VS. ROBYN M. NOLEN, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, ROBYN M. NOLEN, is an adult individual, whose last known address is 848 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025. On or about, March 27, 1997 the said Defendant executed and delivered a Mortgage Note in the sum of $59,850.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1372, Page 525 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMES1DE LENDING, INC. and was recorded in the aforesaid County in Book 557, Page 855 on September 22, 1997. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 848 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.61 per day From 07/01/2000 To 02/01/200l ( based on contract rate of 8.625%) Accumulated Late Charges Late Charges at $22.64 Per month for 7 months Escrow Deficit Attorney's Fee at 5% of Principal Balance $57,627.13 $2,926.15 $566.01 $158.48 $83.28 $2,881.36 $64,242.41 **Together with interest at the per diem rate noted above after February 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff' s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate thc loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total mount due together with interest at the rate of 8.625% ($13.61 per diem), together with other charges and costs including escrow advances incidental thereto to the ~f£s Sale and for foreclosure and sale of the property within described. ~~~~ By: ~ ~ /~ ~ Leon Pdl~fler, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ADJUSTABLE RATE NOTE / First American Title Insurance Company SCHEDULE C 08:05 PURCELL,KRUG,HRLLER ?~? 234 t206 COMPANY'NAME: m~s~ ~t~m:~, ~'~. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated ~ 2_5, ~01 TQTRL P.O? SHERIFF'S RETURN - CASE NO: 2001-00543 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEISDE LENDING INC VS NOLEN ROBYN M REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NOLEN ROBYN M DEFENDANT , at 0019:34 HOURS, at 848 BRIAN DRIVE ENOLA, PA 17025 ROBYN M. NOLEN a true and attested copy of COMPLAINT - was served upon the on the 8th day of February , 2001 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this /~ day of Pr~tMonot ary R. Thomas Kline 02/09/2001 PURCELL, KRUG & HALLER HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant ROBYN M. NOLEN for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $13.61 from 7/1/00 to 2/1/01) Accumulated late charges Late charges ($22.64 per month to 2/01) Escrow Deficit 5% Attorney's Commission TOTAL $57,627.13 $ 2,926.15 $ 566.01 $ 158.48 $ 83.28 $ 2,881.36 $64,242.41'* ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG &~ Leon P. Hal~'er PA I.D, g15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~IA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on MARCH 1, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon .D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 ~15700 -.~lvlk~IDE LENDING, INC. Plaintiff VS. ROBYN M. NOLEN Defendant : IN THE COURT OF COMMON PLEAS : CUWIBERLANT) COUNTY, PENNSYLVANIA : NO. 01-543 CIVIL : CB/IL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: March 1, 2001 TO: ROBYN M. NOLEN 848 BRIAN DRIVE ENOLA, PA 17025 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOLVR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER dR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT VHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 717-249-3166 PBTCELL, K~ LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St, Harrisburg, PA 17102 (717) 234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 543 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT TOTAL AMOUNT OF JUDGMENT $64,242.41 / Interest at $13.61 per diem to sale date $ 2,926.15 Late charges at $22.64 per month to sale date $ 135.84 Escrow Deficit $ 2,000.00 TOTAL $69,304.40* *SALE DATE: WEDS.,SEPT. 5, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above Date: June 11, 2001 c~t/~ioned Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. ~15700 (717) 234-4178 case. WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVkNIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 848 BRIAi~ DRIVE, ENOLA, PA 17025. PROTHONOTARY/CLEP~K' ~iVIL DIVISION DEPUTY ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of. Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March l, 1979, and recorded March 12, 1979 in Misc. Book 241, Page 836, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 848, S~£Ie-~O~- ,LIO-12A~ in Block #5 Bui]din~ #7,~known as 848 Brian-Drive, Suite 110, Enoia, C~m'56~i'~ ~6~h-ty-; -P6~ ~ ~ i~7-a s more'T0-~-~'~K[~e--d~ i n such Dec 1 arat ion Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common E]ements (as defined in such Declaration) of Seven Hundred Seventeen thousandths Percent (.717%). KNOWN AS 848 BRIAN DRIVE, ENOLA, PA. 17025. BEING THE SAME PREMISES WHICH David R. Wright and Carolyn G. Wright by deed dated 3/27/97 and recorded in Deed Book 155 Page 150 granted and conveyed unto Robyn M. Nolen. TO BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERLAND COUNTY JUDGMENT NO. 2001 543. ASSESSMENT: 09-12-2992-001 A U 7848-5 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDkNT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE NOTICE OF EA]TRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: YOU are hereby notified that on ~ /2, ~a~/ the following judgment has been entered against you in the above- captioned matter: $64,242.41 and for the sale and foreclosure of your property located at: 848 BRIAN DRIVE, ENOLA, PA 17025 Dated: Attorney for Plaintiff: Leon P. Hailer 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Robyn M. Nolen 848 Brian Drive Enola, PA 17025 HOMESIDE LENDING, INC., : PLAINTIFF : : VS. : : ROBYN M. NOLEN, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter jUDGMENT "in rem" in favor of the Plaintiff and against Defendant ROBYN M. NOLEN for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $13.61 from 7/1/00 to 2/1/01) Accumulated late charges Late charges ($22.64 per month to 2/01) Escrow Deficit 5% Attorney's Commission $57,627.13 $ 2,926.15 $ 566.01 $ 158.48 $ 83.28 $ 2,881.36 TOTAL $64,242.41'* ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRU Leon P. HalXer PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOMESIDE LENDING, INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBBRLJtND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 2001 543 IN MORTGAGE FORECLOSURE ROBYN M. NOLEN, DEFENDANT AFFIDAVIT PURSUAI~T TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 848 BRIAN DRIVE, ENOLA, PA 17025: Name and address of the Owner(s) or Reputed Owner(s): Robyn M. Nolen 848 Brian Drive Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (A_ND ANY OTHERS AS NOTED BELOW): Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. [/~ ~"~~AA I Leon ~P .D. Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 DATE: June 11, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) held: DATE: WEDNESDAY, SEPTEMBER 5, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 848 BRIAN DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 543 THE Ni~IE(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ROBYN M. NOLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule o[ Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro lownship, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3; 1963, P.L. 196, by the recording in the Office of the Becorder of Deeds of Cumberland County, Pennsylvania, of Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establisbing Westwood village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979 in Misc. Book 241, Page 836, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourtb Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. ~LIO-T2A~ in Block #5 BuildinQ #7 known as 848 Brian'-Drive, Suite 110, Enola, C~6~i~-~ '~6~fit~-~P~i~--~o~e-f-O-l]-~-~§~f'i~'in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGEIHER with a proportionate undivided interest in the Common Elements (as defined in such Beclaration) of Seven Hundred Seventeen thousandths Percent (.717%). KNOWN AS 848 BRIAN DRIVE, ENOLA, PA. 17025. BEING THE SAME PREMISES WHICH David R. Wright and Carolyn G. Wright by deed dated 3/27/97 and recorded in Deed Book 155 Page 150 granted and conveyed unto Robyn M. Nolen. TO BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERLA/qD COUNTY JUDGMENT NO. 2001 543. ASSESSMENT: 09-12-2992-001 A U 7848-5 Homeside Lending, Inc. VS Robyn M. Nolen In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-543 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 22.10 Levy 15.00 Advertising 15.00 Certified Mail .97 Poundage 25.77 Law Journal 618.80 Patriot News 524.40 $1314.20 paid by attorney 10-03-01 Sworn and subscribed to before me This ./,a~ day 2001, A.D~ft.~ Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 848 BRIAN DRIVE, ENOLA, PA 17025: Name and address of the Owner(s) or Reputed Owner(s): Robyn M. Nolen 848 Brian Drive Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND A/qY OTHERS AS NOTED BELOW): Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 5. Name amd address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COL~TY, PEb~SYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) held: DATE: WEDNESDAY, SEPTEMBER 5, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cuu~berland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a leg~ description mainly consisting of a statement of the measur boundaries of the property, together with a brief mention of t buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 848 BRIAN DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA sold THE JUDGMENT under or pursuant to which your property. is docketed in the within Commonwealth and County tc NO, 2001 543 THE NAME(s) OF THE OWNER(S) OR REPUTED OWNERS of th" is: ROBYN M. NOLEN uc~et ~ ~et e'~/oe ~. REAL ESTATE SALE No. ~o O~ ~rb~ ic~, ,~l thes~ritfleviedul~ontt~eau~, Interest in the real property situ~ep in c~s~ /~sl~o ~/o~: Cumberland County, Pa., know,, ,,~; qumbered as: ~'/~' /.~-i~. 0 r. ~/~0[0~ and more fUl!~ ~'~ ":~' on Exhibit "A" filed w~? this writ and by this reference incoro~ra[ed herein. k SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SA/~E OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAi~ GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT C£RTAIN unit in the 9roperty known, named and identified in the Declaration Plan, referred to below as Westwood VilIage Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Progerty Act of Pennsylvania, Act of July 3; 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on january 29, 1975, in Misc. Bo~k 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded o~ June 22, 1976, in Misc. Book 222, page 729, and a certain Second Amendment to Declaration Creating and EstabIishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, ~976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood ~iilage Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and EsLablishing Westwood Village Condominium dated January 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 1979 in Nisc. Book 24t, Page 836, and a Code ef Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, ~975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Ptan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendmen~ to Beciaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to DeclaratJon Plan of Westwood Village condominium dated January 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. L1B-T2A~ in Block #5 Building #7,~k~own as 848 Brian'~Drive, Suite 110, Eno]a, Ca~e~aB~"~6b-hly;~166A~'i~Si~-is m-o-~-6-FO~Y~'TYe'~f¥~6-d~in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set Forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) o~ Seven Hundred Seventeen ~housandths Percent (.717%). KNOWN AS 848 BRIAN DRIVE, ENOLA, PA. 17025. BEING THE SAME PREMISES WHICH David R. Wright and Carolyn G, Wrighc by deed dated 3/27/97 and recorded in Deed Book 155 Page 150 granted and conveyed unto Robyn M. Nolen. 'ro BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERLAND COUNTY JUDGMENT NO. 2001 543. ASSESSMENT: 09-12-2992-001 A U 7848-5 WRIT OF EXECILITION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANrA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF C~nberland To satisfy the debt. interest and costs due COUNTY: NO. 01-543 CiViL~;~z9 TElq~4 CIVIL ACTION - LAW Hc~eside Lending. Inc. from Robyn M. Nolen 848 Brian D~ive, Enola, Pa. 17025 PLAINTIFF(S) DEFENDANT(S) (1) You are direcfedtolevyuponthe propedyofthedefendant(s) andto sell Levy uDon and sell the proDert¥ described in the attached description known as 848 Brian Drive, Enola, Pa. 17025 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 sub ect to attachment is found in the possess on 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 $ 64,242.41 Interest at $13.61 per di~n to sale date interest 2,92~. 15 Atty's Comm % Arty Paid 109.30 Plaintiff Paid L.L. $0.50 Due Prothy ~te~charges at $22.64 per month to sale date ner uosts 135.R4 Escrow Deficit $2,000.00 Date: 6/13/01 REQUESTING PARTY: Name T,~nn P. ~al]er, Esq. Address: 1719 North Front Street H~hllrg, p,-q. 17102 AEorney for: P]aintiff Telephone: (717) '234-4178 Supreme Court ID No. 15700 Curtis R. Long Prothonotary, Civil Division Deputy REAL ESTATE SALE No. ~o ~ O--~'~LO. i9, ~COI thesr~ritlleviedul~ontl]ea~ .. Interest in the real pr~e~y situate¢ in Cum~rland County, Pa., know, ~0(~ and more f jib ~ ~' ,~m Exhibit ~'A" filed w~ this writ and Dy this reference mcoronrazeO ~erein. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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, Page 317. ~ / PUBLICATION ...................................... .~..~ ~..... ............... ~ ........................ ..~..~.. ...... Hants~u~,Dauphin~ ~ ~ ~n~ n, , ............ My C0~ssi~ E~ires Ju~ 6, ~ ~ q~/~x r~BLIC Me.r, ~nsy~an~ As~at~n ot N~S My commission expires June 6, 2~2 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 Probating same Notary Fee(s) Total $ 522.90 $ 1.5o $ 524.40 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 du{y paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS, Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 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. R~AL ~,STATI~ 9AL~ NO. 60 Writ No. 2001-543 Civil Homeslde Lending, Inc. VS, Robyn M. Nolen Atty.: Leon p. Hailer ALL THAT CERTAIN unit in the property known, named and identi- fied in the DecLaration Plan, referred to below as Westwood Village Con- dominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submit- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 .day of AUGUST. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION - LAW AT NO. 2001 543 PENNSYLVANIA HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT TOTAL AMOUNT / OP JUDGMENT $64,242.41 ~ Interest at $13.61 per diem to sale date $ 5,389.56 Late charges at $22.64 per month to sale date $ 249.04 Escrow Deficit $ 2,000.00 TOTAL $71,878.01' *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Issue Writ of Execution in the above captioned case. Date: November 29, 2001 ~ Leo PA I D. #f5700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 848 BRIAN DRIVE, ENOLA, PA 17025. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro lownship, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions Of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, ~975, and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 26, 1976, and recer~ed on June 22~ 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain lhird Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, ~g78, and recorded on June 23, ~g78, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishin§ Westwood Village Condominium dated June 13, 1978, and recorded on June 23, ~978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January g, 1979 and recorded on January 23, ~979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March ~, lg79, and recorded March ~2, ~g79 in Misc. Book 241, Page 836, and a Code of Regulations of Westwood Village Condominium dated January 29, ~975, and recorded on January 29, ~975, in Misc. Book 2~, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, ~976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, tg75, and recorded on January 29, ~975 in Plan Book 26, Page ~5, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 2~, ~976, and recorded on July 26, ~976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, ~978, in Plan Book ~3, Page 28, and amended by a certain lhird Amendment to Declaration Plan o~ Westwood Village Condominium dated January 9, 1979, and recorded January 23, ~979, in P}an Book 34, Page ~00, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March ~, 1979, and recorded March 12, ~§79, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 848.,~S~iLe_._tlO~- ,[10-12~,~ i~ Block #5 Buildin_Q #7~u_~_kn~wn as 848 Brian'-Drive, Suite ~10, Enola, Cu~6~a~6~h~7~-~6~v~ni~'~as mb-P-6-~'F~'~e~ in such Declaration P~an and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of Seven Nundred Seventeen thousandths Percent (.7~7%). KNOWN AS 848 BRIkN DRIVE, ENOIJt, PA. 17025. BEING THE SAME PREMISES WHICH David R. Wright and Carolyn G. Wright by deed dated 3/27/97 and recorded in Deed Book 155 Page 150 granted and conveyed unto Robyn M. Nolen. TO BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERZu~ND COUNTY JUDGMENT NO, 2001 543. ASSESSMENT: 09-12-2992-001 A U 7848-5 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 848 BRIB-N DRIVE, ENOLA, PA 17025: Name and address of the Owner(s) or Reputed Owner(s): Robyn M. Nolen 848 Brian Drive Enola, PA 17025 2, Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every Judgment creditor whose judgment appears of record on the real property to be sold: Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section~g ~f unsworn falsification to authorities. Leon P. Haller _ D. ~15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 29, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUA~Vr TO PEN-NSYLVANIA RU~E OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (real estate) will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 848 BRIAN DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 543 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property ROBYN M. NOLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive Dart of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty {30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court~ A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act ~f Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Off[ce of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declarat[on Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Oecfaration Creating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979 in Misc. Book 24t, Page 836, and a Code ef Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 328, and amended by a certaln First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Pec]aration Plan of Westwood Village Condominium dated January 9, 1979, and recorded January 23, 1979, in Ptan Book 34, Page 100, and amended by a certain Fourth Amendment to Oec}aration Plan of Westwood Village Condominium dated March 1, }979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit NO- 8~8~SLL~JLe~_i_tO~-~ ~lO-T2A~_in Block #5 Buildip_g #7,~kn~wn as 848 Brian'-Drive, Suite 110 Enola, ~e FTa n2-~db~-t~7 "~656 ~ ~6 i'~--,-a ~ m~~Ta'F~ i n s uc h Dec I ara t i on Pian and Declaration Crea~ing and Establishing Westwood Village Condominium, as the same appears o~ record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of Seven Nundred Seventeen thousandths Percent (.717%). KNOWN AS 848 BRIAN DRIVE~ ENOLA, PA. 1702S. BEING THE SAME PREMISES WHICH David R. Wright and Carolyn G. Wright by deed dated 3/27/97 and recorded in Deed Book 15S Page granted and conveyed unto Robyn M. TO BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERLAND COUNTY JUDGMENT NO. 2001 543. ASSESSMENT: 09-12-2992-001 A U 78~8-5 HOMESIDE LENDING, INC., : PLAINTIFF : : VS. : : ROBYN M. NOLEN, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on /~/~--~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Robyn M. Nolen 848 Brian Drive Enola, PA 17025 Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 PURCELL, KRUG & 'HAL~L~R Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 IOHN W. PURCELL ItOWARD B. KRUG LEON P FIALLER JOHN W PURr'ELI JR. BRIAN J TYLER Jill M WINEKA NOTICE TO: LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FORECLOSURE DEIYr. FAX (717) 234-1206 (717) 533-3836 Robyn M. Nolen 848 Brian Drive Enola, PA 17025 Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold~nst the said real estate will be divested by the sale and t~a~c~y~u have an opportunity to protect your interest, if a3Ly~, by~ notified of said Sheriff's Sale. By: / Leon P. Haller PA~.D.15700 Attorney for Plaintiff HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 848 BRIAN DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 543 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ROBYN M. NOLEN A SCHEDULE OF DISTRIBUTION, bein9 a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for exaalple, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU ~U3ST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale i©r a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsbaro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, ~963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, ~976, and recorded on June 22, ~976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, ~976, and recorded on July 26, 1976, in Nisc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, ~978, and recorded on June 23, ]978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to DecIaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January g, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 1979 in Misc. Book 24~, Page 836, and a Code of Regulations of Westwood Village Condominium dated January 29, ~975, and recorded on January 29, ~975, in Misc. Book 2~3, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwoad V~llage Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33 Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwaod Village Condominium dated January 9, ~979, and recorded January 23, ]979, in Plan Book 34, Page }00, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979, and recorded March ~2, ~979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 848, S~iJ~g-tOr- ,LlO-!2~_~~ Block #5, Buil~.~._#7, known as 848 Brian'-Drive, Suite 110, Enola, C~rland ~6~-~'['P-~[vani~ more fuliY~§'C'~iS~: in sUch Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGEIHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of Seven Hundred Seventeen thousandths Percent (.717%). KNOWN AS 848 BRIAN DRIVE, ENOLA, PA. 17025. BEING THE SAME PREMISES WHICH David R. Wright and Carolyn G. Wright by deed dated 3/27/97 and recorded in Deed Book 155 Page 150 granted and conveyed unto Robyn M. Nolen. TO BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERLAND COUNTY JUDGMENT NO. 2001 543. ASSESSMENT: 09-12-2992-001 A U 7848-5 Homeside v. Nolen Cumberland Sales 3/6/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Robyn M. Nolen 848 Brian Drive Enola, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece o£ ordinary mail addressed to: Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postage: Postmark: STATE OF PENNSYLVANIA, ( COUNTY OF CUMBERLAND j ss. Robert P Ziegler I, .............................................................................. Recorder of Deeds in and for said County and State do hereby certify that he Shenffs Deed m which ................ Homeside Lending Inc .................................................................................... is the grantee fith the same having been sold to said grantee on the ............................................... day of March ......................................... A. D., ta~_x_2_Q _0_2_ _, under and by virtue of a writ execution 3rd ................................................ issued on the ..................................... day of ...... D__e_c_e_~_b_e_r_ .......... A.D., ~J~20~-l-, out of the Court of Comman Pleas of said County as of civil Term, ~ ~2DILL 543 Ho~eside Lending Inc Number .............. , at the suit of ............................................................... ................................... agalnst - _ - -R-? -b-y-n- - -H- -N-°- ~ -e-n- ................................ is · , 250 dulyreeordedlnSherfffsDeedBookNo ............. , Page 4721 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -__?_ ....... day Homeside Lending, Inc. VS Robyn M. Nolen In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-543 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Robyn M. Nolen, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Danphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: AND NOW: January 23, 2002 at 10:35 A.M. served the within Notice of Sheriff's Sale of Real Estate upon Robyn Nolen by personally handing to Trooper Richelle Berran At POE, one true attested copy of the original Notice of Sheriff's Sale of Real Estate and making known to her the contents thereof at POE: PA State Police, Troop H, Rt. 39 & 22, Harrisburg, PA 17110. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Robert L. Fink, Sr., Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2002 at 5:15 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robyn M. Nolen located at 848 Brian Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robyn M. Nolen, by regular mail to her last known address of 3304 Spring Street, Apt. #A, Harrisburg, PA 17109. This letter was mailed under the date of January 23, 2002 and returned to the Sheriff's Office on January 24, 2002 as "Moved, Left No Address, Unable To Forward, Return To Sender." R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland Cmmty, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum orS1.00 to Attorney Leon P. Haller for Homeside Lending, Inc. It being highest bid and best price received for the same Homeside Lending, Inc. of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $ l 388.65, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 27.23 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer l 0.00 Out of County 9,00 Dauphin County 29.25 Law Library Prothonotary 1.00 Mileage 10.35 Certified Mail .82 Levy 15.00 Surcharge 20.00 Law Joumal 618.80 Patriot News 481.50 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $1388.65 paid 3/18/02 Sworn and subscribed to before me This ,,/~ day of ~ R. Thomas Kline, Sheriff Real Estate Deputy HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 848 BRIAN DRIVE, ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): Robyn M. Nolen 848 Brian Drive Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Westwood Village Condominium Homeowners Association 650 Westwood Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Commercial Credit Corporation 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: LrNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating ~f unsworn falsification to authorities, Leon P. Haller ~I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 29, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. ROBYN M. NOLEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 543 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (real estate) will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 848 BRIAN DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 543 THE NAME(S) OF THE OW'N~R(S) OR REPUTED OWNERS of this property is: ROBYN M. NOLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of ~he within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in EaSt Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the proviSiOnS of the Unit Property Act of Pennsylvania, Act of July 3, 7962, P.L. ~96, by the recording in the Off[ce of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwond Village Conaominium dated January 29, ~g75, and recorded on January 29, ~975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, ~976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Nestwood Village Condominium dated July 2~, 1976, and recorded on Jul~ 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June ~3, ~978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a cer~ain Fifth Amendment to Declaration Creating and Establishing ~estwood Village Condominium dated January 9, ~979 and recorded on January 23, ~979, in Misc. Book 240, Page 8B4, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March ~, ~979, and recorded March 12, ~979 in Misc. Book 24}, Page 836, and a Code ~f Regulations of Westwood Village Condominium dated January 29, ~975, and recorded on January 29, ~975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Vi~lage Condominium dated May 28, ~976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, ~nd Declaration Plan of Westwood Village Condominium dated January 29, ~975, and recorded on January 29, ~975 in Plan Book 26, Page ~5, and amended Dy a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 2~, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condomin~um dated June ~6, ~978, and recorded on June 23, ~g78, in Plan Book 33 Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, ~979, and recorded January 23, 1979, in Plan Book 34, Page lOO, and amended by a certain Fourth AmendmenC to Declaration Plan of Westwood Village Condominium dated March ~, ~979, and recorded March ~2, 1979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Nestwood Village Condominium as Unit NQ. 8~,S~iLe-~Or- LIO-T2A~ in Block #5, Buildi~ #7,___kk~wn as 848 Brian'-Drive, Suite ilO, Enola, C~m6~-~C6~-;'"P-~5~l~ni~-~'-~ mbre-F6--fOTT~'~i~in Such Declaration Plan and Declaration Creating and Establishing Westwood Village Condom~nium, as the same appears of record as set forth adore, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of Seven Hundred Seventeen thousandths Percent (.7~7%). KNOWN AS 848 BRIAN DRIVE, ENOLA, PA. 17025. BEING THE SAME PREMISES WHICH David R, Wright and Carolyn G. Wright by deed dated 3/27/97 and recorded in Deed Book 155 Page 150 granted and conveyed unto Robyn M. Nolen. TO BE SOLD AS THE PROPERTY OF ROBYN M. NOLEN ON CUMBERLAAfD COUNTY JUDGMENT NO. 2001 543. ASSESSMENT: 09-12-2992-001 A U 7848-5 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO COUNTY OF CUMBERLAND) 01-543 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF ...... ~ER~_~D_ COUNTY: To salisfy the debt, inleresl and cosls due _ . Homeside Lending, lr'r'-c. _ _ PLAINTIFF(S) from Ro_by_q M. Nolen, 848 Brian Drive, Enola PA 17025. .............. DEFENDANT(S) (1) You are directed to levy upon the property o!the defendant(s) and to sell Real estate located ~_t_848.Br~abn Dr., Enola PA 17025. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly ol' the defendant(s) or otherwise disposing thereo~: (3) ti property of the defendant(s) not levied upon an subject to atlachment is found in the possession of anyone other than e 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 $64,242.41 Inlerest @ $13.61/diem to 3/6/02 Atty's Corem _ _O/o At~y Paid __ $1436.00 Plaintiff Paid $5,389.56 Due Prothy_. $I. 00 Other Costs Escrow Deficit $2,000.00 Late charge @ $22.64/mo to $249.04 - ~ale d~t~ 3/6/02 Date December 3, 2001 REQUESTING PARTY: Name Leon P. Haller, Esq. Address; 1719 N Front St Harrisburg PA 17102 Attorney for: Plaintiff Telephone: (717) 234 4178 Supreme Courl ID No. 15700 CURTIS R. LONG Deputy REAL ESTATE SALE No. ¢i On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as 848 Brian Drive, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 12,200l By: c~0~ ,~5~;%~x Date:'December Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001-543 Civil Homeslde Lending, Inc. 'VS. Robyn M. Nolen Atty.: Leon p. Hailer ALL THAT CERTAIN unit In the property hmown, named and ldentt- tied In the Derlaratlon Plan, referred to below as Westwood Village Con- dortflnlum located In l~ast Permsboro Township, Cumberland County. Commonwealth of Pennsylvania, which bas heretofore been submit- ted to the provisions of the Unit Property Act of Peta~sylvanla, Act of duly cq, 1963, P.L. 196, by the recording In the Office of the Re- corder of Deeds of Cumberland Cotmty, Pennsylvania, of a Decla- ration Creating and l~stabllshtng SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Th~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severelly by the stockholders and beard of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and Volume 14, Page 317. PUBLICATION COPY $ A L E #49 for said County of Dauphin in ,Miscellaneous Book "M", ~,~'n t~ ~r~l ¢-ubt/-rib~d~e~,re me this 22nd dezy of ~bruary 2002 A.D. ~y C~ ~ ~ s. ~ ~TA ~Y PUBLIC Me~r, ~nnayNania ASS~a~ ~ NOta~ My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 ~.~?~_~ 3, ~,~ t~,~ $ ,~8o.oo ~.~~ $ 481.50 J~, h ~. ~ ~ ~ ~ ~, ~ Publisher's Receipt for Advertising Cost cirealat}0n, ner~u~a~.~a~e receipt of the aforesaid notice and publication costs and cavities that the same have been duly paid. Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total REAL F-,STATE SALE NO. 49 Writ No. 2001-543 Civil Homeside Lending, Inc. VS. Robyn M. Nolen Atty.: Leon p. Hailer ALL THAT CERTAIN ted to the __reto£ore been suhn~l~a~' - *,erty Act of '~ ~ o~ the Uni*