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HomeMy WebLinkAbout01-5377IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE Plaintiff, CIVIL DIVISION NO. COMPLAINT IN MORTGAGE FORECLOSURE VS. ORVILLE F. NAUS$ Defendant. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaimiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiffby its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets lbrth the fbllowing: 1. The Plaintiffis a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamsiburg, Ohio. 2. The Defendant(s) is/are individuals xvith a last knoxvn mailing address of 432 Third St, Enola PA 17025. The property address is 432 Third Street, Enola PA 17025 and is the subject of this action. 3. On the 28th day of March, 2000, in consideration of a loan of Sixty Six Thousand Three Hundred Sixteen and 00/100 ($66,316.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage ~vith the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the 29th day of March, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1602, page 1092. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A" ATTACHED HERETO. 5. Said mortgage provides, inter alia: "that xvhen as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any instalhnent of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note. it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since April 1, 2001, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage~ the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in xvriting of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Seventy Seven Thousand Twenty Six and 48/100 Dollars ($77,026.48) with interest and costs. Respectfhlly submitted, LOUIS P. VITTI & ASSOC., P.C. BY~~squire Attorney lbr Plaintiff NAUS SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 8.5000% from 03/01/01 through 9/30/01 (Plus $15.3368 per day after 9/30/01 ) Late charges through 9/11/01 0 months @ 20.34 Accumulated beforehand (Plus $20.34 on the 17th day of each month after 9/11/01 ) AUorney'sfee Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) 65,858.12 3,266.74 328.68 3,292.91 BALANCE DUE 77,026.48 First American Title Insurance Company SCHEDULE C Csnnnltment No, 903906 ALL TF.%T CERTAIN tract or parcel of land an~ premises, situate, lying and being in the Sorough of West F&lrviewt County of Cumberland and Commonwealth of ~ennsylvania, more .particularly bounded and described as follows= BEGINNING at a point on the western line of North Third Street, said point being by ~-~e measured in a southeasterly direction 173 ~eet from the cente~ line of Locust Street; thence South 42 degrees 30 minutes East along ~aid westarn line of North Third Street a distance of 20.0 feet to.a drill hole; thence South 46 degrees 27 minutes 30 ~econds West along th= northern line of lauds of Joseph Bower a distance of 110.02 feet to a p.k. nail on the eastmrn line of Chestnut Street; thence North 42 degrees 30 minutes West alon sald ea line of Ch'eatnu= Street a distance -~ * .... g ' stern ' and beyond a distance cf 110.00 feet to a drill hole on the western line of North ~hird Street, the point and place o~ BEGINNING. BEING known au 432 North Third S~reet. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: September 12, 2001 (~:Vitti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, dPo/a ACCUBANC MORTGAGE CIVIL DIVISION NO. 01-5377 CIVIL TERM VS. Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE ORVILLE F. NAUSS Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, dgo/a ACCUBANC MORTGAGE, VS. ORVILLE F. NAUSS, Plaintiff, Defendant. NO.01-5377-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $86,734.67, in favor of the National City Mortgage Co., et al, Plaintiff in the above-captioned action, against the Defendants, Orville F. Nauss and assess PlaintilTs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 03/01/01-06/24/03 (Plus $15.3368 per day after 06/24/03) $65,858.12 12,974.93 Late charges (Plus $20.34 per month from 09/11/01-12/10/03 $528.84) 328.68 Attorney's fee 3,292.91 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 4.280.03 Total Amount Due $86.734.67 The real estate, which is the subject matter of the Complaint, is situate in Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 /~0t~1 ~d~'~f ]V~) ~-45ofiis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on June 12, 2003, giving ten (I0) day notice that .judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. SWORN to and subscribed before me this 24th day of June, 2003. Attorney for Plaintiff Notary Public ~ LOI~ & E'VANGEUST~ nOT~J~¥ PU~tJC CRY OF PR'TSBURGH, ALLEGHENY COUNTY MYCOMMI$SION EXPIRES OCTOBER 17, ~05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, ORVILLE F. NAUSS, Plaintiff, VS. Defendant. NO. 01-5377 CIVIL TERM IMPORTANT NOTICE TO: Orville F. Nauss 432 Third Street Enola, PA 17025 Date of Notice: June 12, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: LOUIS~TI L~P. ¥itti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil'Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments .herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. SWORN to and subscribed before me this 24th day of June, 2003. NOTARIAL SEAL t.~ & E'I/ANGEU,STA, NOTARY PUlaLIC ~ITY OF ~'ffI'SBUROH, ALLEOHENY COUNTY ~0i~MIS$10N EYe,RES OCTOBER 17, 2005 ',...~ouis P. Vitti, Esquire 1N THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ORVILLE F. NAUSS, JR., ) DEBTOR. ) ~~) National City Mortgage ) Nlovant, ) v. ) Orville F. Nauss, Jr., ) Debtor, ) and, ) Charles J. De Hart, III, ) Trustee ) CASE NO. 1-01-04928 CHAPTER l 3 ORDER NOW, this ~_~___ day of ,)[AliA./ ,2003, is ORDERED AND DECREED that:. The Automatic Stay of all proceeding, as provided under Section 362 of the Bankruptc> P, etbrm Act of 1978 (The Code) 11, S.C. 362, is modified to allow National City Mortgage to proceed with or resume proceedings in Mortgage Foreclosure, including, but not limited to Sheriff's Sale regarding Debtor's real estate; and to take action, by suite or otherwise, in its own name or the names of its assignee, to obtain possession of said premises or other actions relative to such property located at 432 Third Street, Enola, PA 17025, Please send copies to: Orville F. Nauss. Jr. 432 Third Street West Fairview, PA 17025 Charles J. De Hart, III P.O. Box 410 Hummelstown, PA 17036 Steven P. Miner P.O. Box 5300 Harrisburg, PA 17110-0300 LOUIS P VITTI ESQUIRE 916 FIFTH AVENUE PITTSBURGH, PA 15219 MARY D. FRANCE NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-5377 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. ORVILLE F. NAUSS Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 06/25/03-12/10/03 Total $86,734.67 2.607.25 $89,341.92~ The real estate, which is the subject matter of the Pmecipe for Writ of Execution is situate Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 is P. Vitt re Attorney for Plaintiff IN THE couRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PSI~NSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF ~XECUTION aption: N~ticnal City Mortgsge C~ntx~y~ et al vs. Crville F. bluss ( ) Confessed Judgment ( ) Other File No. 01-5377-Civil Term Amount Due 86,734.67 Interest 2,607.25 Arty' S Cc~m Costs THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a r~tai 1 instal ]m=-nt sale, contrmct, or account based on a confession of jud~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as =~vm_nded; and for r,al property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Qnt~rlsr~ County, for debt, interest and costs upon the following described pr~per~y of the defendant ( s ) PRAEC_IPE FOR A~CAC/-~NT EXECUTICIN Issue writ of attachment to the Sheriff of (kmber~ County, for debt, interest and costs, a~ above, clirecting attachment ag~nst the above-na~d garnishee(s) for the following proper%-y (if real estate, supply six copies of the description; supply fou~ copies of lengthy per~ona3.ty list) and ail other property of the defendant(s) in the possession, custody or Control of the sa/d garnishee( s ). (Indicate) Index tkis writ against the 9arnishee(s) as a lis pendens against real estate of the defendant(s)described in the attachede.~~__ ~ ')exhibi~"~ DA~Z: Si~natu= -' Print Name': IoJis P. Vitti .Zddzess: gl6 5th Ave Pgh, Pa 15219 for: Plaintiff -.eLe~hoee: 412.281.1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: Beginning at a point on the Western line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 minutes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Northen line of lands of Joseph Bower a distance of 110.02 feet to a p.k. nail on the Eastern line of Chestnut Street; thence North 42 degrees 30 minutes West along said Eastern line of Chestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-17-1044-023 Being the same premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, VS. ORVILLE F. NAUSS, ) ) Plaintiff, ) ) ) Defendant. ) NO.01-5377-CIVIL TERM AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 432 Third Street, Enola, PA 17025. ~ms(P. Vitti, Esquire SWORN TO and subscribed before me this 24th day of June, 2003. l'~ota~y Public 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, VS. ORVILLE F. NAUSS, Plaintiff, Defendant. NO.01-5377-CIVIL TERM AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company, et al am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of'the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. '.._l~oms P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 24th day of June, 2003. Notary Public ~'~ ' q~OTt~t~$Va~. PAY GOIV~IB$10N E)(]qRE6 OCTOBER 17, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, dPo/a ACCUBANC MORTGAGE, Plaintiff, ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129,1 National City Mortgage Co., et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgrnent creditor whose judgment is a record lien on the real property to be sold: Name: None Address (Please indicate if this cannot be reasonably ascertained) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NalTle Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township 98 S. Enola Drive Room 101 Enola, PA 17025 American Water P.O. Box 371412 Pittsburgh, PA 15250 Trash & Sewer of Twp of East Pennsboro 98 S. Enola Drive Enola, PA 17025 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Atto: Susan Blough 432 Third Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworu falsification to authorities. JDUa;; 24. 2003 ~ P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 24th day of June, 2003. '-~Notary Public ~ LOIS ~. EVANGELIST& NOTARY PUBLIC CIT'f OF PITrSBURGH, ALLEGHENY COUN*P/ MY COMMISSION EXPIRES OCTOBER 17, 2005 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 10, 2003 at 10:00 A.M., the following described real estate, of which Orville Nauss are owners or reputed owners: Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg lda 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Orville Nauss at No. 01-5377 Civil Division in the amount of $86,734.67. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Shefiff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your p:roperty from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your fights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiffhas a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5377 Civil COUNTY OF CUMBEI~£AND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, D/B/A ACCUBANC MORTGAGE, Plaintiff (s) From ORVILLE ¥. NAUSS (1) You arc directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possessinn of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defandant(s) not levied upon an subject to attachmant is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 Interest 6/25/03- 12/10/03 - $2,607.25 Atty's Comm % Arty Paid $110.40 Plaintiff Paid Date: JULY 1, 2003 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 5TM AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Teleptione: 412-281-1725 Supreme Court ID No. 3810 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ Deputy I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE Plaintiff, CIVIL DIVISION NO. 2001-5377-CIVIL TERM AFFIDAVIT OF SERVICE VS. ORVILLE F. NAUSS Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vith, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, ORVILLE F. NAUSS, Defendant. NO. 01-5377-CIVIL TERM AFFIDAVIT OF SERVICE I, Helen Boyce, do hereby certify that a Notice of Sale has been served upon the Defendants on September 8, 2003 by the sheriff of Cumberland County and all Lien Holders, by Certificate of Mailing, tbr service in the above-captioned case on July 1, 2003, advising them of the Sheriff's sale of the property at 432 3rd Street, Enola, PA 17025 on December 10, 2003~ SWORN to and subscribed before me this 6th day of November,2003. LOUIS P. VITTI & ASSOCIATES, P.C. Helen~BSy~-~ -- Sherry L, HOUSe, Notary Public , .M~.Commis~ion E,~r. es dan~a~/28. 2~07 U.S POSTAL SERVICE CERTIFIC,,~rE OF MAILING Louis P. Vlttl & A~?,c!=_*__e$, P.C. 916 Fifth Avenue, Plttsbun~h. PA 152tq Clerk of Courts CdminaFCivil Division One Courthouse Square _ Carlisle, PA 17013 PS Form 3817, January 2001 US POSTAL SERVICE PROVIDE FOR r NSUR.~NCE.POSTMASTEr~ Received From: Tax Craim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 u.s. POSTAl. SERVICE CERTIFICATE OF MAILING Louis p. VlttI & As$oclates,,P.C. 916 Fifth Avenue. plff~h,.,.~jh' PA 15219 CCD Court of Common Pleas of Cumberland Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING LOUIS P. Vlffl & AssoclateL E,(~. 916 Fifth Avenue. PEtsbur~lt. PA 1821fl Bureau of Compliance CJearance Support Section Dept~ 281230 Harrisburg, PA 17128-1230 Aitn: Susan Blough PS Form 38t7, January 2001 HEB.NAUSS.CUMBERLAND. 12.10.03 U.S. POSTAL SERVICE MAy BE USED FOR DOMESTIC AND INTERNATiCNAL MAIL, DOES NOT PROVIDE FOR INSUPJ~NCE-POSTMASTER Louis P. Vittl & Associates. P.C. 916 Fifth Avenue. Pittsbumh. PA 1521q Tax Collector of East Pennsboro Township 98 S. Enola Drive Room 101 Enola, PA 17025 PS Form 3817, January 2001 US. POSTAL SERVICE CERTIFICATE OF MAILING CERTIFIC,.,~ E OF MAILING ~a*~'~*~a~'~ Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh, PA 15219 American Water P.O. Box 371412 Pittsburgh, PA 15250 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vltfl & AssociateS~ P.C. 916 Fifth Avenue. Plttsbud3h. PA 15219 Trash and Sewer or E. Pennsboro 98 S. Enola Ddve Enola, PA 17025 PS Farm 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING LOUIS P. Vlttl & Assoclates.iP.~. 916 Fifth Avenue, Plftebureh. PA 15219 Commonwealth of PA-DPW P,O. Box 8016 Harrisburg. PA 17105 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING 916 Fifth Avenue. P;f,.h?~3h. PA 15219 Tenant/Occupant 432 Third Street Enola, PA 17025 PS Form 3817, January 2001 HEB.NAUSS.CUMBERLAND. 12.10.03 National City Mortgage Company d/b/a Accubanc Mortgage VS Orville F. Nanss In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5377 Civil Term R. Thomas Kline, Sheriff; who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Louis P. Vitti. Sheriff's Costs: Docketing 30.00 Poundage 13.99 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 20.70 Law Journal 279.35 Patriot News 253.87 Law Library .50 Prothonotary 1.00 Postpone Sale 20.00 Share of Bills 28.90 $ 713.31 paid by attorney 03/01/04 Swom and subscribed to before me This ~.~ dayof ~ 2004, ^.D. Prothonotary R. Thomas Kline, Sheriff Real Es~e Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY Swor on~..~d subscribed before [pe~this 10th da)t' of Np~rnber 2003 A.D. Notal~ai Seal Membe~.pe~yt, ra~A.-~oc~nOf~ly commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTH(TJSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 253.87 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ledge receipt of the aforesaid notice and publication costs and certifies that the same have 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 : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~AL F-~TATE 8ALE NO. 24 Writ No. 2001-5377 Civil National City Mortgage Company, d/b/a Accubaxlc Mortgage Orville F. Nauss Arty,: Louis P. Vitti LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pe~ms- horo (formerly known as the Bor- ough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and de scribed as follows: Beginning at a point on the West- em lixm of North Third Street. said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 min- utes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole: thence South 4,6 degrees 27 minutes 30 31 day of OCTOBER, 2003 LOIS E. SNYDER, NotaP/Publ~ Cadisle B~xo, Cumberland C.,em~y My Commi~io~ Expires Man~ 5, 200~ Atty.: Louis P. Vitti LEGAL DESCRIFI'ION All that certain tract or parcel of laxld alld premises, situate, lying and being in the Township of East Penns boro (formerly known as the Bor- ough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and de scribed as follows: Beginning at a point on the West- ern line of North Th[rd Street, said point being by same measured in a Southeasterly direction 173 [eet from the center line of Locust Street; thence South 42 degrees 30 min- utes East alor~g said Western line of North Third Street a distance of 20,00 feet to a drill hole: thence South 46 degrees 27 minutes 30 seconds West along the Northern line of lands of Joseph Bower a dis- tance of 110,02 iket to a p.k. nail on the Eastern line of Chestnut Street; thence North 42 degrees 30 minutes West along said Eastern line of Chestnut Sireet a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern hne of lands o( Williams Kindness and being through the center line of a partition wail and beyond a distance of 110.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning, Having erected thereon a dwell- ing known as 432 Third Street Enala, PA 17025. Parcel ~45-17-1044-023. Being the same premises which Thomas W. Shumaker, Sr. and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland Coun- ty, Pennsylvania in Deed Book Vol- ume 218, page 314, granted and conveyed unto Orville F. Nauss. 31 .day of OCTOBEI LOIS E. SNYDER, Notary Cag~le Bom, Cumberland C~ My Con~,im ~s Mard~ NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DW1SION NO. 01-5377 CWIL TERM Plaintiff, PRAECIPE TO REISSUE WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS, ORVILLE F NAUSS Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, cl/b/a ACCUBANC MORTGAGE, VS. ORVILLE F. NAUSS, Plaintiff, Defendant. NO.01-5377-CIVIL TERM PRAEC1PE TO REISSUE WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly Reissue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 06/:15/03-09/08/04 Total $86,734.67 6~794.19 $93,528.86 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate Boro of West Fa/mew, Cty of Cumberland, Cmwlth of PA. HET a d~vg k/a 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 / I~bu~s P. Vitti, Esquire kx~ttorney for Plaintiff IN TH~ CoU~T OF COM~DN PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA PRA~CIPE FOR WRIT OF ~O3TION ion: VS. : ( ) Confessed Judgment : ( ) Other : Costs THE PROT6ONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retaJ ] tnstaLLwm~t sale, contract, or account based on a confession of judgr~nt, but if it does, it is based on the appropriate original proceeding filed pursuant to Ant 7 of 1966 as ~Jnended; and for real pro~_rty pursuant to Act 6 of 1974 as an~nded. Issue writ of e-,~=cution in the above matter to the Sheriff of ~un%~f~d County, for debt, interest and costs upon the following described property of the PRA~ iqgR ATTA~ EI~_ n'I(IN Issue writ of attachment to the Sheriff of ~l.'~.~O.A. id County, for debt, interest and costs, as above, directing attachn~nt against the above-seined garnishee(s) for ~he follow-lng property (if real estate, supply six copies of the description; supply fotuf c~pies of lengthy ~=-r~onalty List) and all o~her property of the defendant(s) in the p~ssession, custody or control of the sa/d garnishee_( s }. (Indicate) Index th/s wriC against the garnishee(s) as a ~s pendens against estate of the defends,hr(s) described in the attached exhibit .... IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, V$, ORVILLE F. NAUSS, Plaintiff, Defendant. NO.01-5377-CIVIL TERM LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsbom (formerly known as the Borough of West Fa/rview), County of Cumberland and Commonwealth of Pennsylvania bounded and descr/bed as follows: Beginning at a point on the Western line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center line of Locust Street; thence South 42 degrees 30 minutes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Northen line of lands of Joseph Bower a distance of 110.02 feet to a p.k. nail on the Eastern line of Chestnut Street; thence North 42 degrees 30 minutes West along said Eastern line of Chestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 1 I0.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-1%1044-023 Being the same premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nanss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F, NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) AFFIDAVIT 1, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information an d belief, the Defendant(s), is/are the owners of the real property on which the Plaintiffseeks to execute. That the Defendants' last known address is 432 Third Street, Enola, PA 17025. SWORN TO and subscribed before me this 12th day of March, 2004. . Vitti, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5377 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY d/b/a ACCUBANC MORTGAGE Plaintiff(s) From ORVILLE F. NAUSS~ 432 THIRD STREET, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 432 THIRD ST., ENOLA PA 17025 (SEE LEGAL DESCRIPTION). (2) You are also directed to aRach 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) flae garnishee(s) is enjoined from paythg 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 Interest 06/25/03 TO 09/08/04 = $6,794.19 Atty's Comm % Arty Paid $836.21 Plaintiff Paid Date: MARCH 18, 2004 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVENUE PITTSBURGH PA 15219 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court ID No. 01072 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothont~ary ~ By: ~)~ y<~ ,/ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company, et al am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. (Lopis P. Vitti, Esquire kx._~orney for Plaintiff SWORN TO and subscribed before me this 12th day of March, 2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS, ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA 17025. I. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment the real property to be sold: Name: None ~s a record lien on Address (Please indicate if this cannot be reasonably ascertained) Name None marne None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None Address (Please indicate if this cannot be reasonably ascertained) 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township 98 S. Enola Drive Room 101 Enola, PA 17025 American Water P.O. Box 371412 Pittsburgh, PA 15250 Trash & Sewer of Twp of East Pennsboro 98 S. Enola Drive Enola, PA 17025 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts One Courthouse Square Criminal/Civil Division Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 432 Third Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. March 12, 2004 i~~LllS, l~ ~ '~/~ ' Date Lou i, Esquire Atto~Jbr~ Plaintiff SWORN TO and subscribed before me this 12th day of March, 2004. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania andto the Shedffof Cumberland County, directed, there will be exposed to Pubhc Sale in Cumberland County Courthouse on September 8, 2004 at 10:00 A.M., the following deschbed real estate, of which Orville Nauss are owners or reputed owners: Boro of West Fairview, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PR 17025 Parcel# 45-17-1044-023 The said Writ of Execution has issued on a judgment in the mortgage foreclosure action National City Mortgage Co., et al vs. Orville Nanss at No. 01-5377 Civil Division in the amount $86,734.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) d from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office o Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is ajudg against you. It may cause your property to be held or taken to pay the judgment. You may have rights to prevent your property from being taken. A lawyc'r can advise you more specifically of rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal r/ghts to prevent the Sheriff's Sale and the loss of yom' property. In order to exercise those rights, prompt action on your pan is necessary. A lawyer may be able to help you. You may have the fight to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court may defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid retmn of service of the Complaint andNofice to Defend or ifthejudgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the fight to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the r/ght to have the Sheriffs Sale set asi de if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriffhas delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distr/bution is filed in the Office of the Sheriff /Lo~li~ P. Vitti, Esquire [ Attorney for Plaintiff ~ Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTENG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** 01-c5. 7 7 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS LOUIS P. VITTI AND ASSOCIATES, P. C. OOONSELLOI~ AT LAW Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE Plaintiff, CWIL DIVISION NO.01-5377- CIVIL TERM AFFIDAVIT OF SERVICE ORVILLE F. NAUSS Defendants. Filed on behalf of Plaintiff Counsel of' record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vi~i&Assoc.,P.C 916 FifthAvenue Pi~sburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F. NAUSS, Defendant. NO. 01-5377-CIVIL TERM AFFIDAVIT OF SERVICF! I, Helen Boyce, do hereby certify that a Notice of Sale has been served upon the Defendant on July 14, 2004 by the sheriff of Cumberland County and all Lien Holders, by Certificate of Mailing, for service in the above-captioned case on March 19, 2004, advising them of the Sheriff's sale of the property at432 Third Street, [,nola, PA 17025 on September 8, 2004. SWORN to and subscribed before me this 30th day of July 2004. LOUIS P. VITTI & ASSOCIATES, P.C. BY L- Helen Bo~ oht~rry L I-~use, Notary Public Pleasant Hillr Boro, Allegheny County r',v Cr)mm:,ssio, i ~,] es January 28, 2007 US POSTAL SERVICE CERTIFICATE OF MAILING Louis p. VJtfl & A,=,,,,c!ates. P.C. 916 Fifth Avenue. Plftsburuh. PA 15219 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817. January 2001 U S POSTAL SERVICE CERTIFICATE OF MAILING Louis p. Vltfl & A""="c!_'*_es, P.C, ~916 Fifth Avenue. Plttsburnh. PA 1521q Tax CJaim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 38t7, January 2001 U S POSTAL SERVICE CERTIFICATE OF MAILING ~-ouis P. Vltfl & A,=-,,¢!etes. P.C. 916 Fifth Avenue. Plftsbureh, PA 15219 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PS Form 38IT, January 2001 U S POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vitfl & AssocletN, P.C. 916 Fifth Avenue. Plttsburah' PA 1521q Bureau of Compliance Clearance Support Section Dept~ 281230 Harrisburg. PA 17128-1230 Attn: Susan Blough PS Form 3817, January 2001 Afl Afl p< U S POSTAL SERVICE CERTIFICATE OF MAILING Louis p. Vltfl & AssociatesI P.C. ~916 Fifth Avenue, Pltt~burflhl PA 1521~ Tax Collector of East Pennsboro Township 98 S. Enola Ddve Room 101 Enola, PA 17025 Ps Form 3817, January 2001 u s POSTAL SERWCE CERTIFICATE OF MAILING Louis p. Vitti & Associates, P.C. _9916 Fifth Avenue. Plftsbureh, PA 15217 American Water PO. Box 371412 Pittsburgh1 PA 15250 PS Form 3817, January 2001 U S POSTAL SERVrCE CERTIFICATE OF MAILING Louis P. Vltfl & ASsoclate~, P~C~ .9916 Fifth Avenue. Plttsburah, PA 1521~ Trash and Sewer or E. Pennsboro Township 98 S. Enola Drive Enola, PA 17025 PS Form 3817, January 2001 U S POSTAL SERVICE CERTIFICATE OF MAILING J-ouis p. Vlttl & Associates, P.C. ~916 Fifth Avenue, Pltteburah, PA 1521,~ Commonwealth of PA-DPw P.O. Box 8015 Harrisburg, PA 17105 P~ Form 3817, January 2001 Affi ' ~ ' HEBNAUSS.CUMBERLAND. 12.10.03 US POSTAL SERVICE CERTIFICATE OF MAILING Loui~ p. Vltfl & A=~"c!-'.tes, p.c. 916 Fifth Avenue. Plttsburahl PA 1521,~ Tenant/Occupant 432 Third Street Eno[a, PA 17025 P~Form 3817, January 2001 HEB.NAUS S.CUMBERLAND. 12.10.03 COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which National city Mtg Co is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue ora writ Execution issued on the 18th day of March, A.D., 2004_, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 53.77, at the suit of National City Mtg Co dba Accubanc Mtg against Orville F Nauss is duly recorded in Sheriff's Deed Book No. 265, Page 2013. IN TESTIMONY WHEREOF, ! have hereunto set my hand and seal of said office this c~-;~ day of ,~xd Recorder of Deeds National City Mortgage Company, d/b/a Accubanc Mortgage VS Orville F. Nauss In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5377 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:38 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Orville F. Nauss, by making known unto Orville Nanss, personally, at 432 Third Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:38 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Orville F. Nauss located at 432 Third Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sher/ffmailed a notice of the pendency of the action to the within named defendant, to wit: Orville F~ Nauss, by regular mail to his last known address of 432 Third Street, Enola, PA 17025. This letter was mailed under the date of July 14, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to .Attorney Louis P. Vitti for National City Mortgage Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, OH 45342, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $809.01. Sheriffs Costs: Docketing $30.00 Poundage 15.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary l Mileage 11.84 Levy 15.00 Surcharge 20.00 Law Journal 279.35 Patriot News 270.97 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 809.01 Sworn and subscribed to before me This //~ day of. (~P~ 2004, A.D._ (~/,t,.-.- ~ ~.~, ~ ~Pr'othonotary So Answers: R. Thomas Kline, Sheriff Real~stat~Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, ORVILLE F. NAUSS, Plaintiff, Defendant. ) ) ) ) ) ) NO.01-5377-CIVIL TERM ~Ai~'IelDAVIT PURSUANT TO RULE 3129.1 Naffov~ City Mortgage Co., etal, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 432 Third Street, Enola, PA. 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Orville F. Nauss 432 Third Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None NaiTle None NBiTie None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person xvho has any record lien on thc property: Address (Please indicate if this cannot be reasonably ascertained) 6, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None Address (Please indicate if this cannot be reasonably ascerta'med) 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: Tax Collector of East Pennsboro Township American Water Trash & Sewer of Twp of East Pennsboro Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Address (Please indicate if this cannot be reasonably ascertained) 98 S. Enola Drive Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 S. Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance TenanqOecupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 432 Third Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I undemtand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to uuswom falsification to authorities. March 12. 2004 Date SWORN TO and subscribed before me this 12th day of Loui~i, Esquire Atto~[br~ Plaintiff March, 2004. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Orville Nauss 432 Third Street Enola, PA 17025 AND: ALL LIEN HOLDERS TAKE NOTICE tl~at by virtue of the above Writ of Execution issued out of the Court of Common Pleas of.Cumberland County,;Pennsylvania and tO the Sheriffof Cumba'land County~ directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 8, 20041at I0:00 A,M., the following described real estate, of which Orville Nauss are owners or reputed owners: Bom of West Fairv/ew, Cry of Cumberland, Cmwlth of PA. HET a dwg Ida 432 Third Street, Enola, PA 17025. Parcel# 45-17-1044-023 Thc said Writ of Execution has issued on a judgment in thc mortgage foreclosure action of National City Mortgage Co~, ct al vs. Orville Nauss at No. 01-5377 Civil Division in the amount of $86,734.67. Claims against property must be filed at thc Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore thc sale date. Schedule of Distribution will be filed with thc Office of the Sheriffno later than thirty (30) days fi'om sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of thc Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If yon wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your pm't is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twen .ty (20) days after service of the Complaint for MOrtgage Foreclosure and Notice to Defend, you may have the right to have the judgraent opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plalntiffhas a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or ffthe judgment was entered before twenty (20) days after service or in certain other events. To exercise tiffs right, you would have to file a petition to s~'ike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set asi de if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriffhas delivered his Deed to the property. The Shefiffwill deliver the Deed if no petition to set aside the sale is filed within ten (l 0) days fi'om the date when the Schedule of Distribution is filed in the Office of the Sheriff. /Lo,iii P. Vitti, Esquire [ At}bt'ney for Plaintiff ~ Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, Plaintiff, VS. ORVILLE F. NAUSS, ) NO.01-5377-CIVIL TERM ) ) ) ) Defendant. ) LEGAL DESCRIPTION 'AlI that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pcnnsboro (formerly known as the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: Beginning at a point on the Western line of North Third Street, said point being by same measured in a Southeasterly direction 173 feet from the center hne of Locust Street; thence South 42 degrees 30 minutes East along said Western line of North Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Northen line of lands of Joseph Bower a distance of 110.02 feet to a p.lc nail on the Eastern line of Chestnut Street; thenee North 42 degrees 30 minutes West along said Eastern line of Chestnut Street a distance of 22:00 feet to a p.k. nail; thence Noffia 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line of a partition wall and beyond a distance of 1 I0.00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-17-1044-023 Being the same premises which Thomas W. Shumaker, Sr and She:fy L. Shumaker, by their Deed dated 03/24/2000 and recorded on 0312912000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5377 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY d/b/a ACCUBANC MORTGAGE Plaintiff (s) From ORVILLE F. NAUSS, 432 THIRD STREET, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 432 THIRD ST., ENOLA PA 17025 {SEE LEGAL DESCRIPTION). (2) You are also directed to ai~ach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garaishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) ~f pr~perty ~f t~e defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to nohfy him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,734.67 Interest 06/25/03 TO 09/08/04 = $6,794.19 Atty's Corem % Arty Paid $836.21 Plainhff Paid Date: MARCH 18, 2004 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQ. Address: 916 FIFTH AVENUE PITTSBURGH PA 15219 Attorney for: PLAINTIFF Telephone: (412) 281-1725 Supreme Court ID No. 01072 Due Prothy $1.00 Other Costs CURTIS R. LONG Proth~l~otary Real Estate Sale #10 On May 14, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Permsboro Township, Cumberland County, PA Known and numbered as 432 Third Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 14, 2004 Real Estffte Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Peunsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patxiot News Co., a corporation organized and existing under the laws of the Conm~onwealth 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 Pennsylvaina, owner and publisher of The Patriot- News and The Sunday Pattiot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Palxiot-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/Me~o editions which appeared on the 27th day(s) &July and the 3rd and 10th day(s) &August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the a/legatious of this statement as to the time, place and character ofpublicatiun 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 COPY SALE#10 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATKIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 270.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt &thc 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. LA784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 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. REAL ESTATE 8ALE NO. 10 Writ No. 2001-5377 Civil National City Mortgage Company, d/b/a Accubanc Mortgage VS. Orville F. Nauss Atty.: Louis P. Vltti LEGAL DESCRIF~I'ION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Penns- boro (formerly known its the Bor- ough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and scribed as follows: Beginning at a point on the West- em line of North Third Street, said point being by same measured in a Southeasterly directinn 173 feet from the center line of Locust Street; SWORN TO AND SUBSCRIBED before me this 30 .day of JULY 2004 LOIS E, SNYDER, Notary Pffolic Carlisle Soro, Cumberlar~l County My Commission Expires March 5, 2005