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HomeMy WebLinkAbout01-5359HOMESIDE LENDING, 1NC. VS. NICK T. PRAVE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant ACTION OF MORTGAGE FORECLOSURE TIlIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING TIlE 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 ~lte case may proceed without you and a judgment may be entered against you by the Court without further notice for any money ~laim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights ~mportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN ,GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. 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 NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQuERIRA QUE USTED cuMpLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DEILECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, ', DE ABOGADOS), (215) 238-6300. LLAME AL LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMESIDE LENDiNG, iNC., Plaintiff VS. NICK T. PRAVE, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harhsburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., Plaintiff VS. NICK T. PRAVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis HOMESIDE LENDING, INC., is a corporation, whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, NICK T. PRAVE, is an adult individual, whose last known address is 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025. 3. On or about, September 24, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $61,450.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1407, Page 293 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid County in Book 568, Page 506. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 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 April 01, 2001 and all subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.33 per day From 03/01/2001 To 10/01/2001 ( based on contract rate of 7.000%) $59,124.46 $2,424.62 Accumulated Late Charges Late Charges $20.18 From 04/01/2001 to 10/01/2001 $201.58 $141.25 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $415.92 $2,956.22 $65,264.05 **To ' ' gether with interest at the per diem rate noted above after October 01, 2001 and other charges and costs to date of Sheriff's Sale. The ttorney s fees set forth above are ~n conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($11.33 per diem), together with other charges and costs including escrow advances incidental ~~ thereto to the dat eriff's a~nd for foreclosure and sale of the property within described. By: E~L, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs12208'2 (1696x2800x2 tiff) [3] ~RT~:':--- MORTGAGE NOTE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. · , 0,~. ~-"%'?~.:, ~-o ................. ~ ...... ~~.~ '~ ~,.-,~ ~, ~--,. o, ......... Hs122082 (1696~X2~00x2 tiff) [4] Hs12208~ (1696x2800~2 tiff) [12] VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 10, 2001 onP. Haller, Esquire HOMESIDE LENDING, INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NICK T. PRAVE : NO. 2001 5359 DEFENDANT : IN MORTGAGE FORECLOSURE P RAE C I p F, TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem,, in favor of the Plaintiff and against Defendant NICK T. PRAVE for failure to plead to the above action within twenty (20) days from date of the Complaint, and assess Plaintiff's damages as Unpaid principal balance Interest (Per diem of $11.33 from 3/1/01 to 10/1/01) Accumulated late charges Late charges ($20.18 per month to 10/01) Escrow Deficit 5% Attorney's Commission TOTAL of service follows: $59,124.46 $ 2,424.62 $ 201.58 $ 141.25 $ 415.92 $ 2,956.22 $65,264.05** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRU~ By - Leone. H al~le~ pA i.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 #15700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 5359 HOMESIDE LENDING, PLAINTIFF VS. NICK T. PRAVE, DEFENDANT (S) INC., TOTAL AMOUNT OF JUDGMENT $65,264.05 ¢ Interest at $11.33 per diem to sale date $ 1,756.15 Late charges at $20.18 per month to sale date $ 80.72 Escrow Deficit $ 2,000.00 TOTAL $69,100.92' *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above capti~ Date: December 1t, 2001 . j /z//~.~/ Attorney for Plaintiff 1719 North Front Street Leon P. Hal~/er Harrisburg, PA 17102 PA I.D. #15700 /717) 234-4178 case. WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 312 THIRD STREET, ENOLA, PENNSYLVANIA 17025. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K/MKF/DOCS\CUM BERLA\PRAVE W ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 84 degrees West 94 feet to a point on the easterly line of State Street; thence along same North 08 degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 18 minutes East.95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE S~LME PREMISES WHICH Gary L. Yorlets and Beth M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PRAVE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5359 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVIC~ PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on NOVEMBER 6, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Hallwr PA I.D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 #15700 HOMESIDE LENDING, VS. NICK T. PRAVE INC. Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-5359 CIVIL TERM : : IN MORTGAGE FORECLOSURE To: NICK T. PRAVE 312 THIRD STREET ENOLA, PA 17025 NICK T. PRAVE 213 GRANT STREET BOROUGH OF SYKESVILLE, PA 15865 DATE OF NOTICE: NOVEMBER 6, 2001 IMPORTANT NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHON~ (717)249-3166 PURCELL, ~ By: ~ Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff HOMESIDE LENDING, INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NICK T. PRAVE : NO. 2001 5359 DEFENDANT : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 312 THIP, D STREET, ENOLA, PENNSYLVANIA: 1. Name and address of the Owner(s) or Reputed Owner(s): Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UIgF~NOWN 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 ... Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sectio~tO unsworn falsification to authorities. Leon P. Haller! PA I.D. ~1570u Purcell, Krug &Haller 1719 North Pront Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PRAVE DEFENDANT CIVIL ACTION - LAW NO. 2001 5359 IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF SHERIFF'S SALE OF REAL ESTAT~ 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: 312 THIRD STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed ~n ~he wiLhin Commonwealth and County to: NO. 2001 5359 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: NICK T. PRAVE A/K/A NICK THOMAS PRAVE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE ~m?.D, 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 HAY 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 [or a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 84 degrees West 94 feet to a point on the easterly line of State Street; thence along same North 08 degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 18 minutes East.95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. ~VING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and Beth M. Yorlets by d~_d~ dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PR_AVE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5359 IN MORTGAGE FORECLOSURE RETUR~OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on i]l~}~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W PIIRCELL HOWARD B. KRUG LEON P HALLER IOHN W PURCELL .IR. BRIAN .I TYLER .IiLL M WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 NOTICE TO: Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold agai~n~t the said real estate will be divested by the sale and that ~ave an opportunity to protect your interest, if any,~o~-f~/~ notified of said Sheriff's Sale. ~ / /// By: - ~ Leon P. Haller PA I.D.15700 Attorney for Plaintiff HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PP~AVE DEFENDANT CIVIL ACTION - LAW NO. 2001 5359 IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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: 312 THIRD STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 5359 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: NICK T. PRAVE A/K/A NICK THOMAS PRAVE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 84 degrees West 94 feet to a point on the easterly line of State Street; thence along same North 08 degrees 10 minutes West 36.80 feet to a point; thence North 82 degrees 18 minutes East ~95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and B~th M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PP~AVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 Re: Homeside v. Prave Cumberland County 3/6/02 U. S. POSTAL SERVICE 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: Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 Postage: Postmark: 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 One piece of ordinary mail Janet Prave 213 Grant Street Sykesville, PA 15865 addressed Postage: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Fo~m'3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDI ss. Robert P Ziegler I, .............................................................................. Recorder of Deeds in and for said County and State do'hcrcby certify that thc Sheriff's Deed in which ................ Veterans Affairs Sec 6f .................................................................................... h thc grantee 6th the same having been sold to said grantce on the ............................................... day of March 2002 ........................................ A. D., ." ..... ,undcr and by virtue of a writ .............. Execution 1 2th ................................................ i.~ued on thc ..................................... DEc 2001 d~y of .......................... A.D., ..... ~ out of thc Court of Comman Pleas of said County'as of Civil flOOd ................................................................................... Tcrm, ~ . ..... Number 5359 Homeside Lending Inc .............. , at the suit of ............................................................... Nick T Prawe ................................... against .................................................... is 251 84 duly recorded in Sheriff's Deed Book No ............. ,Pagc ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __=/_ ...... day of ..... ................. A.D., Recorder d Dee& Homeside Lending, Inc. VS Nick T. Prave In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5359 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Nick T. Prave, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of JeffersonCounty, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. JEFFERSON COUNTY RETURN: Now, January 11, 2002 at 11:30 o'clock A.M. served the within Notice of Sheriff's Sale of Real Estate and Writ of Execution upon Nick T. Prave, defendant, at his residence, 209 Grant Street, Borough of Sykesville, Jefferson County, PA by handing to Janet Prave, his wife and adult person with whom he resides, a tree copy of the original Notice of Sheriff's Sale and Writ of Execution and made known to her the contents thereof. So Answers: Thomas Demko, Sheriffof Jefferson County, PA. Gerald Worthington, Deputy Sheriff, who being duly swom according to law, states that on January 08, 2002 at 2:09 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nick T. Prave located at 312 Third Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Nick T. Prave, by regular mail to his last known address of 209 Grant Street, Sykesville, PA 15865. This letter was mailed under the date of January 28, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Leon P. Hailer for The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns. It being highest bid and best price received for the same The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns of Wissahickon Avenue and Manheim Street, P.O. Box 8079, Philadelphia, PA 19144, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $6si~.87, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 15.06 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.75 Certified Mail .82 Levy 15.00 Surcharge 20.00 Out of County 9.00 Jefferson County 66.50 Law Journal 251.45 Patriot News 203.10 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $767.88 paid 3/18/02 Sworn and subscribed to before me This 3-~ day of 0~,~ 2002, A.D. ~ ~. ~1~..i~0~ Pr6thonotary Real Estate Deputy HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PP~AVE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5359 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 312 THIRD STREET, ENOLA, PENNSYLVANIA: Name and address of the Owner(s) or Reputed Owner(s): Nick T. Prave a/k/a Nick Thomas Prave 312 Third Street Enola, PA 17025 Nick T. Prave a/k/a Nick Thomas Prave 213 Grant Street Sykesville, PA 15865 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judement creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Janet Prave 213 Grant Street Sykesville, PA 15865 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 {In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. .Section 4904 relating_s~to unsworn falsification to authorities. ~/~ / Leon P. Haller ~ PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. NICK T. PRAVE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - ImAW NO. 2001 5359 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: TIME: LOCATION: WEDNESDAY, MARCH 6, 2002 10:00 O'clock A.M. Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 312 THIRD STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: is: NO. 2001 5359 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property NICK T. PRAVE A/K/A NICK THOMAS PP~AVE 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 menti©ned 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 ~resentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in West Fairview Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay StreetS; thence through the center of a party wall and beyond South 84 degrees West 94 feet to a point on the easterly line of State Street; thence along same North 08 degrees 10 minutes West 36,80 feet to a point; thence North 82 degrees 18 minutes East .95.50 feet to a point on the westerly line of Third Street; thence along same South 06 degrees East 39.58 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 312 Third Street. BEING THE SAME PREMISES WHICH Gary L. Yorlets and Beth M. Yorlets by deed dated 8/19/96 and recorded in Cumberland County Deed Book 144 Page 870 granted and conveyed unto Nick Thomas Prave. TO BE SOLD AS THE PROPERTY OF NICK T. PRAVE A/K/A NICK THOMAS PRAVE ON CUMBERLAND COUNTY JUDGMENT NO. 2001 5359. ASSESSMENT: 45-17-1044-146 WRIT OF EXEC, U.TIO~/and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. TO THE SHERIFF OF __ Cumberland To satisfy lhe debl, inlerest and costs due COUNTY: Homeside Lending, Inc. 01-5359 CIVIL CIVIL ACTION - LAW PLAINTI FF(S) lrom Nick T. Prave DEFENDANT(S) (1) You are directed to levy upon lhe properly of the defendant(s) and to sell see leqal description (2) You are also direcled to atlach 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 subjectto attachment is found in Ihe possession of anyoneother Ihan a named garnishee, you are directed to notify him/her Ihat he/she has been added as a garnishee and is enjoinei:l a~ above staled. Amount Due $65. 264.0.,5 Inleresl at $11.33 per diem to sale date ~, .... 15 Alty's Comm % Ally Paid .,c~ ~: ~9 Plaintiff Paid L.L. $.50 Due Prolhy Other Costs S1.00 Late charges at $20.18 per month to sale date $80.72 Escrow Deficit $2,000.00 Curtis R. Long Oate: December 12, 2001 REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court ID No. Purcell, Krug &Haller -Lccn P. Ha!!er: R~q. _ 1719 Rorth Front S~t _ Plaintiff (717)234-4178 15700 by: _ Prothonotary, Civil Division Deputy REAL ESl'AlE SALE No. ~ On December 13, 2001, the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township f/k/a West Fairview Borough, Cumberland County, PA, known and numbered as 312 Third Street, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 Real Estate Deputy THE PATRIOT NEWS THESUNDAY 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 The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Cfunty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ..~~ PUBLICATION COPY Swor this 22nd d~ of F/~bruary 2002 A.D. S A L E #53Tem/L. Ru~?ll, Notary Publtc '~'; ~ ~ I My Corm~isslon Ex, res June 6, 200~ I NOTARY PUBLIC ~'~ Member, Pennsylvania Association o~ Nolml~ly commission expires June 6, 2002 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 $ 201.60 $ 1.50 $ 203.10 Publisher's Receipt for Advertising Cost The Patriot N; , 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. 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. 2001-5359 Civil Homeslde Lending, Inc. VS. Nick T. Prave Atty.: Leon P. Hailer ALL THAT CERTAIN tract or par- eel of land with the buildings and improvements thereon erected, situ- ate in West Fairview Borough, Cum- berland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Third Street, which point is 108 feet northwardly of the northwesterly corner of Third and Clay Streets; thence through the center of a party wall and beyond South 84 degrees West 94 feet to a point on the easterly line of State Street; thence along same North 08 de~'ees: 10 minutes West 36,80 feet r ~ SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 I' I LORI E. 8NYDER, Notary Pt~io I I GalM~Bom, Qrt~land~untv I