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HomeMy WebLinkAbout03-3804FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 COURT OF COMMON PLEAS CiVIL DIVISION Plaintiff TERM CUMBERLAND COUNTY GARY G. VASS1L 506 BOSTON COURT MECHANICSBURG, PA 17050 DENISE E. VASSIL 506 BOSTON COURT MECHANICSBURG, PA 17050 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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. 117 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 75504 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH V~RITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 75504 Plaintiffis AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: GARY G. VASSIL 506 BOSTON COURT MECHANICSBURG, PA 17050 DENISE E. VASSIL 506 BOSTON COURT MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/05/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1425, Page 774. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 75504 The following amounts are due on the mortgage: Principal Balance Interest 11/01/2002 through 08/05/2003 (Per Diem $15.24) Attorney's Fees Cumulative Late Charges 01/05/1998 to 08/05/2003 Cost of Suit and Title Search Subtotal $73,137.65 4,236.72 850.00 147.07 $ 750.00 $ 79,121.44 Escrow Credit 0.00 Deficit 107.83 Subtotal $ 107.83 TOTAL $ 79,229.27 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem. Judgment against the Defendant(s) in the sum of $ 79,229.27, together with interest from 08/05/2003 at the rate of $15.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PH, ELAN, LLP q, FRANK FEDER_MAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 75504 AIeL T~AT ~--~AIN lot or piece of land situate ~n the Borough Womleysburg. ~ ....... dated ghe 2H~h day of November, 196~ and recorded in the Office P~SES BEING: 439 NOR~ 2~ S~T. VERIFICATION Richard T. Martin hereby states that he is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Richard T. Martin Sr. Vice President SHERIFF' S RETURN - REGULAR CASE NO: 2003-03804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES INC VS VASSIL GARY G ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VASSIL GARY G the DEFENDANT , at 1705:00 HOURS, on the 19th day of August , 2003 at 335 OLD STONEHOUSE RD. BOILING SPRINGS, PA 17007 by handing to GARY VASSIL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this ~ ~ day of . ¢,~- ~O/k5 A.D. , 0 ~thonotary So Answers: R. Thomas Kline 08/21/2003 FEDERMAN & PHELAN By: ~eriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03804 P COMMONTWEALTH OF PENlqSYLVANIA COUNTY OF CUMBERLAND AURORA LOAN SERVICES INC VS VASSIL GARY G ET AL R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT VASSIL DENISE E unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , NOTICE the within named DEFENDANT 506 BOSTON COURT MECHANICSBURG, PA 17050 DEFENDANT MOVED TO ,Sheriff or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the , VASSIL DENISE E 6589 WATERLEVEL HIGHWAY, , NOT FOUND , as to CLEVELAND, TN 37323. Sheriff's Costs: Docketing 18.00 Service .00 Not Found Return 5.00 Surcharge 10.00 .00 33.00 So answers: R. Thomas Kline Sheriff of Cumberland County FEDERM3kN AND PHELAN 08/21/2003 Sworn and subscribed to before me this ~ ~ ~ day of ~-0 3 A.D. Prot~c~not ary ' AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF AURORA LOAN SERVICES, INC. NO. 03-3804 CIVIL TERM DEFENDANT SERVE AT: GARY G. VASSIL DENISE E. VASSIL 6589 WATERLEVEL HIGHWAY CLEVELAND, TN 37323 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to ~S~ 5, ~rt~h Def,endant on. the ~ day o_f~, 2.00_~, .at .~: 70 ~S~k- ,~732~ , City in the manner aescrioed below: ~ Defendant personally served. - Adult family me~er with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I,~, a competent adult, being duly sworn according to law, depose and state that I persona~ly hand~ to~ ~~~ D~ a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed B~fer~ m,e this ,~ day of ' ~ Nc't~, Geo~ia On the day of .M., Defendant NOT FOUND because: Moved Unknown No Answer Other: NOT SERVED , 20.__, at o'clock Vacant Sworn to and Before m~l{e 6~' day MY Commi~ion Exp~es~Oc~ 2, ~ By: ATTOP~NEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215) 563-7000 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff, GARY G. VASSIL DENISE E. VASSIL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-3804 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GARY G. VASSIL and DENISE E. VASSIL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/6/03-10/14/03 to 10/15/03 TOTAL $79,229.27 $1,066.80 $80,296.07 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT, ff~. . DATE: ~ /qt' ~l:~k.~ [3ff./)--'~*~ PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., IcL No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 AURORA LOAN SERVICES, INC. Plaintiff VS. GARY G. VASSIL DENISE E. VASSIL Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-3804 CIVIL TERM TO: GARY G. VASSIL 335 OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: SF, PTEMRER 30. 2003 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.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PH. ELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILM)ELPHIA, PA 19103 AURORA LOAN SERVICES, INC. Pl~fmtiff VS. GARY G. VASSIL DENISE E. VASSIL Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3804 CML TERM TO: DENISE E. VASSIL 6589 WATERLEVEL HIGHWAY CLEVLAND, TN 37323 DATE OF NOTICE: ,~ElrFEMIIER '~0. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATrt~MPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIbMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PI~ELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?is) AURORA LOAN SERVICES, INC. Plaintiff Ms, GARY G. VASSIL DENISE E. VASSIL Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-3804 CIVIL TERM TO: GARY G. VASSIL 439 NORTH 2ND STREET WORMLEYSBURG, PA 17043 DATE OF NOTICE: SEPTEMRER 30, 2003 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.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7!7) 24%3166 F'RANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21~) ~6~-7000 AURORA LOAN SERVICES, INC. Plaintiff VS. GARY G. VASSIL DENISE E. VASSIL Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 03-3804 CIVIL TERM TO: DENISE E. VASSIL 439 NORTH 2ND STREET WORMLEYSBURG, PA 17043 DATE OF NOTICE: ,~F, PTP~M~ER 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.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TI-IlS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNIW CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF' S RETURN - REGULAR CASE NO: 2003-03804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES INC VS VASSIL GARY G ET AL RICHARD SMITH Cumberland County,Pennsylvania says, the within COMPLAINT - MORT FORE VASSIL GARY G DEFENDANT , at at 335 OLD STONEHOUSE RD. BOILING SPRINGS, PA 17007 GARY VASSIL a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1705:00 HOURS, on the 19th day of August by handing to the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this day of A,D. Prothonotary So Answers: R. Thomas Kline o8/21/2oo FEDERMAN & PHELAN By: ~eriff Sep OS 03 O~:12p Ir$in Koplan 1-?06-965-~137 AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF AURORA LOAN SERVICES, INC. NO. 03-3804 CIVIL TRRM DEFENDANT SERVE AT: ~ARY G. VASSIL DENISE E. VASSIL 6589 WATERLEVEL HIGHWAY CLEVELAND, TN 37323 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known toI FN%SE A/SSSlL Defendant on the ~_ day of ~ll%k'q~ , 200_~, at ~. ~SF~ ~7~5 , City in the ma~er described below: ~Defendant personally served. Adult family me~er with whom Defendant(s) reside(s). Relationship is Adult in charge of Defender's residence who refused to give name/relatio~hip. Manager/Clerk of place of lodging in which Defendant(s) reside(s) ~ent or person in charge of Defendant's office or usual place of business. and of Eicer of said defendant company. Other: I,~ ~{0~, a competent adult, bein~ duly sworn ~cording to law, depose and state that I personally handed to D~$~E ~ D"~ a~t.~e and correct copy of the is~gd in the captioned case on the date and at the address indicated J Sw. orr~.~to ~s~b~cribed !' ~efq~.~ Ta~.tbi_s~ ~'~ day On'-~he ....... ,-' day of __.M., Defendant NOT FO~ because: Moved U~own No ~swer  ther: i .. .. %'7.' .... .- ?"..~ :'~n~ t O ~ ~r~e d = B~=o~ ~the__~ ~ day NOT SERVED · 20__, at o'clock Vacant By: ATTOR!~EY OF pLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.~12248 Sui~ 1400 One Penn Center Pl~a ~ Sub.ban S~on Philad¢lphh, PA 19103-1799 (215)563-7000 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, INC. 601 5TH AVENUE GARY G. VASSIL DENISE E. VASSIL Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-3804 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIP, E, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. Co) that defendant GARY G. VASSIL is over 18 years of age and resides at, 335 OLD STONEHOUSE ROAD, BOILING SPRINGS, PA 17007 . (c) that defendant DENISE E. VASSIL is over 18 years of age, and resides at, 6589 WATERLEVEL HIGHWAY, CLEVELAND, TN 37323. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 VAs<LaStsILName []FirstGARY Middle [ Begin Date [ Active Duty Status Currently not on Active Military Duty, based on the Social Security Number and last name provided. OCT-10-2003 10:27:25 Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to _sscra.helpdesk(~_~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_Select 10/10/2003 Request for Military Status Page 1 of l Department of Defense Manpower Data Center OCT-10-2003 10:28:11 Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd,, Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~osd.pentagon.mii. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owadsscra.prc_Select 10/10/2003 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AURORA LOAN SERVICES, INC. : Plaintiff, : : No. 03-3804 GARY G. VASSIL : DENISE E. VASSIL : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/15/03 to MARCH 3, 2004 (per diem -$13.20) TOTAL $80,296.07 $1,861.20 and Costs $82,157.27 EDERtvlAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL 'I~tAT CERTAIN la ot pi~ of 1'~ sinmte hi h~ ~ of W~lqs~g, fo~edy ~I Pe~s~ro Tow~, Cum~ Cowry, P~ylv~. mo~ pa~ic~arly ~fl ~ ~ri~ ~ follows, m wit: BOUNDED on the West hy Second StFeet; oi1 the North by Lot No. 99 on Piar~ ~f Lois he. ina[ret menfionea: on ~e ~st by ~vet Atley; ~d on ~e ~ by ~t No. 97 0n P~ of Lo~ BEING ~ No. 98 on P~n No, 3 of ~g~a~, s~ pl~ being r~ord~ in the Cmm~ Re~r'/Office ~ Plm B~k No. 1, ~age I~ViNG thet~n er~t~ a t~.o s~U block dwelling ho~ ~e~ w~ ~ni~ si&ug, ~own ~ 439 N. ~o~ S~re~t. Worml~esburg. TITLE TO 5AID PRFMKSES 15 VF.~TJ~D IN Gary G. Vas~'il and DeaiSe E~ Vassil, l~i~ wi. re by Deed From ]ame~ A~ Beers and Mary K, Beers, his wife dated 6/22/1995 and rea4orfled '7/3/1995 in Re~ord 13ook 124, Page 620. 'lax Parcel #4%,19-1588.09g WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3804 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, INC., Plaintiff (s) From GARY G. VASSIL AND DENISE E. VASSIL, (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fbund 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 $80,296.07 L.L. $.50 Interest FROM 10/15/03 TO 3/3/04 (PER DIEM - $13.20) - $1,861.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $147.83 Other Costs Plaintiff Paid Date: OCTOBER 14, 2003 (Scad CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, INC. Plaintiff, GARY G. VASSIL DENISE E. VASSIL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3804 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AURORA LOAN SERVICES, INC. Plaintiff, GARY G. VASSIL DENISE E. VASSIL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3804 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) AURORA LOAN SERVICES, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,439 N. 2ND STREET, WORMLEYSBURG, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY G. VASSIL 335 OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007 DENISE E. VASSIL 6589 WATERLEVEL HIGHWAY CLEVELAND, TN 37323 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Salne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 439 N. 2ND STREET WORMLEYSBURG, PA 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. October 13, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AURORA LOAN SERVICES, INC. : Plaintiff, : GARY G. VASSIL : DENISE E. VASSIL : Defendant(s)· : TO: GARY G. VASSIL 335 OLD STONEHOUSE ROAD BOLLING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 03-3804 October 13, 2003 DENISE E. VASS1L 6589 WATERLEVEL HIGHWAY CLEVELAND, TN 37323 **THIS FIRM IS A DEBT COLLECTOR A TTEMPT1NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 439 N. 2ND STREET, WORMLEYSBURG, PA 17043, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80,296.07 obtained by AURORA LOAN SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215~ 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL 'UrtAT CERTAIN lot or piece of land situa~ i~ tF~ Borough of Worvaleysl3mg, fo~xnetiy Eas~ Permsbo~o Townsl~ip, Cumbetlaml Comaty, Pennsylvania, more particularly bounde~l and described follows, to wit: BOUNDED on the West by Second Street; on the North. by Lot No. 99 mn Plan of Lois herei~tter men~o~: on ~e ~ by ~v~ Alley; ~d on ~e ~ b~' ~t NO~ ~ 0n P~ of ~ me~; ~d fronting 25 f~ on S~nd S~t a~ exte~i~ in fl~th ~f ev~ w~ 150 f~l BEING Lot No, 98 on Plan No~ 3 of E~ewater, said pla~ being recordexl ia the Cumbexlaml County Rev~ord~r's Office in plan Book N6. ~-, Page 71. IIAViNG there~n etectefl a two story block dwelling house covexed with aluminium siding, imown as 439 N~ Second S~rect, Wormley~burg. TITLE TO SAID PREM~$F..5 I$ VESTED }Iq Gary 0. Vas~l and Deni~ E. V~sil, ~is wife by D~ frnm lam~ A. Beers ~d ~ry K. ~ers, ~s wife ~ 6t22/I~5 a~ ~0~4~ 7/3/1~5 in R~ord ~k 124, Page 620. 'l:ax Parcel #47-19-1588.088 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 AURORA LOAN SERVICES, 1NC. VS. GARY G. VASSIL DENISE E. VASSIL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-3804 MOTION FOR SERVICE PURSU7LNT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exlhibit "B." WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address;. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 f215) 563-7000 AURORA LOAN SERVICES, INC. VS. GARY G. VASSIL DENISE E. VASSIL ATTORNEY FOR PLAiNTIFF COURT OF COMMON PLEAS CWIL DP¥ISION CUMBERLAND COUNTY No.: 03-3804 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infornlation Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE AURORA LOAN SERVICES, INC. GARY G. VASSIL DENISE E. VASSIL CUMBERLAND COUNTY PJT No. 03-3804 ACCT. #0108617838 SERVE DENISE E. VASSIL AT 439 N. 2NO STREET WORMELYSBURG, PA 17044 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED Served and made known to at , clock__.m., at of Pennsylvania, in the manner described below: Defendant, on the day of ,200_, , Commonwealth Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refitsed to give name or relationship. __.Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Onthe ~[5Jr dayof 0~"~Ol~x ,200_~at~i~'~3 o'clockf.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer X Vacant l~tAttempt:. }~5 / 2I /03 Time: ~ :~Qft~ 2,dAttempt:_ / / Time: 3rd Attempt:. / / Time: : Sworn to and subscribed before~me this/~ day of ~')~'~ o ,200,.3. Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 By: SKIN Data Research Inc. AFFIDAVIT OF GOOD FA/TH INVESTIGATION File Number: 3-9655PA Attorney Firm: Federman & Phelan Subject: Denise E. Vassil Current Address: 439 N. 2nd St. Wormleysburg, PA 17043 Property Address: 439 N. 2nd St. Wormleysburg, PA 17043 Mailing Address: 439 N. 2nd St. Wormleysburg, PA 17043 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified thc following information to be true and correct Denise E. Vassil - 168-48-3458 B. EMPLOYMENT SEARCH Denise E. Vassil - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Denise E. Vassil reside(s) at: 439 N. 2nd St. Wormleysburg, PA 17043 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 11-26-03 our office contacted directory assistance which indicated that Denise E. Vassil reside(s) at: 439 N. 2nd St. Wormleysburg, PA 17043. Our office made a telephone call to the mortgagors phone number and received the following information: 717-763-7253 wrong #. III. INQUIRY OF NEIGHBORS On 11-26-03 our office contacted or attempted to contact J. Kugler 438 N. 2nd St., they were not able to verify that Denise E. Vassii reside(s) at: 439 N. 2nd St. Wormleysburg, PA 17043 IV. INQUIRy OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 11-26-03 we reviewed the National Address database and found the following information, Denise E. Vassil - 439 N. 2nd St. Wormleysburg, PA 17043 B. ADDITIONAL ACTWE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Denise E. Vassii. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-26-03 Vital Records and all public databases have no death record on file for Denise E. Vassil. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Denise E. Vassfl residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Denise E. Vassil -YOB 1952 B. A.K.A. noue * All accessible public databases have been checked amd cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. AFFIANT Scot SKN Data Researc Z.S. Sec. 4904 relating to unswom falsification to authorities. Nulty Inc. President Sworn to and subscribed before me this ~e~ day of~~2003 NOTAR~ PUBLIC Notari~[I Seal Margaret E. Nulty, Notary Public Easl Goshen Twp., Chester County My Conmlis$ion Exi)ires Dec. 19, 2005 Member, Pesnsylvania Association Of NotarLCs The above information is obtained from available public records and we are only bane for the cost of the affidavit VERIFICATION FRANK FEDERIVIAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF TI-IE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAiNTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~15) 563-7000 AURORA LOAN SERVICES, INC. VS. GARY G. VASSIL DENISE E. VASSIL ATTORJS/Ey FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 03-3804 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on ~ecember 4, 2003. DENISE E. VASSIL 439 N. 2ND STREET WORMLEYSBURG, PA 17043 Date: December 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AURORA LOAN SERVICES, 1NC., Plaintiff GARY G. VASSIL DENISE E. VASSIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3804 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of December, 2003, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Notice of Sale upon Defendant Denise E. Vassil, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address at 439 N. Second Street, Wormleysburg, PA 17043, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the sale premises. Service by mail will be deemed complete upon mailing. BY THE COURT, J. esley Oler, ~ J. Frank Federman, Esq. One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff PLAINTIFF DEFENDANT (S) SERVE AT AFFIDAVIT OF SERVICE AURORA LOAN SERVICES, INC. DENISE E. VASSIL 439 N. 2ND STREET WORMLEYSBURG, PA 17043 **Please post the Property with the Notice of Sale BY JANUARY 30, 2004** SERVED of ,v ,200, at Commonwealth of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. GD 03-3804 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 , Defendant, on the ~,~ ~ V ~ day Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. '~ Other: .~D.4'~ ~ 0nofficer ofsaldD~fandant(s)s company. , Description: Age Height Weight Race Sex Other I, Cl ~'~ · to c t. ~. ~ ¢..4ff "-~-~, a competent adult, being duly sworn according to law, depose and state tiaat I personally posted a hue and correct copy of the Notice of SheriW s Sale in the manner as set issued in the captioned case on the date and at the address indicated above. forth herein, ~':~.~A ~ Sworn to and subscribed · ~ c .....*his .~ ~l~a~ 0 NOT SERVED ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown__ No Answer __ Vacant Other: 1st attempt ,2nd attempt Date & Time Date & Time ,3rd attempt Date & Time Sworn to and subscribed before me this day of ,200 _. Notary: By: Loan #0108617838 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says thai THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication AURORA LOAN SERVICES, INC,, PLAINTIFF GARY G. VASSIL DElE E. VA~IL, ~NI~ E VA881L A~OR~ IN FACT ~e ~). (2~ S) The Sentinel February 13, 2004 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. February18,2004 Sworn to and subscribed before m9 this _1_8th day of "~ February ,20~4. / -- ' ' (.~ N~tary Public My commission expires: ,~O FAR,AL sE~'- .... I DAWN M. SHUGHART, Notary Public ! Cad sle, Cumberland County ; My Commission Ex ires -- [-- P NOv, 28, 20_~6 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ._ COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz FEBRUARY 6, 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 tree. /~a Ma~rie Coyne$ Editor SWORN TO AND SUBSCRIBED before me this 6 day of FEBRUARY, 2004 NOT^RIN~ SEN- LOIS E. SNYDER, Notary Public I Carlisle BorO, Cumberland County I My Commission Expires March 5, 2005 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 03-3804 AURORA LOAN SERVICES. 1NC., pLAINTIFF VS. GARY G. VASSIL and DENISE E. VASSIL. DEFENDANTS NOTICE TO: DENISE E. VASSIL NOTICE OF SHERIFFS SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 439 N. 2ND STREET. WORMLEYSBURG, PA 17043 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, MARCH 3, 2004 AT 10:00 A.M. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $80,296.07. obtained by AURORA LOAN SERV- ICES. INC., AS ATTORNEY IN FACT {the mortgagee). Prop. sit. in the Borough of Worm- leysburg, formerly East Pennsboro Township, Cumberland County, Pennsylvania. Being Prcmiscs: 439 N. 2ND STREET, WORMLEYSBURG, PA 17043. Improvements consist of residen- tial property. Said as the property of GARY G. VASSIL AND DENISE E. VASSIL. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be deliv- ered to the Sheriff and, upon de- fault of such payment, the Sheriff shall direct the auctioneer to resell the properS. In all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later than Fri- day, MARCH 19, 2004 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on MARCH 24, 2004 at 10:00 A.M., prevailing lime in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff, on APRIL 2, 2004 and dis- tribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard philadelphia, PA 19103-1814 {215) 563-7000 Feb. 6 3 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE AURORA LOAN SERVICES, INC. GARY G. VASSIL DENISE E. VASSIL CUMBERLAND COUNTY PJT No. 03-3804 ACCT. #0108617838 SERVE GARY G. VASSIL AT 335 OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED Served and made known to (~_~t'9~,b/ ¢ [//~"/~_ , Defendant, on the ~/ '~/ day ol~Ln'7~t~O(', 200_~, at ~ [t:~ ], o'clock ~.m., at,~-~ ~,/Q/,,~7~A~/~/J~' ~d /~I/j/'aJt~_ ~,,.~/~?/~J~ommonwealth of Pennsylvania, in the manner described below: ~/~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age.g'~_~~ Height..~._~2 Weight / W Race ~f Sex /~ Other l, _/~}/'/~]~.'q ~. _~C~-.~ ~v~'. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~ ~ . - ''~ -' --'~'~'~'~'~'~ ~--. // ~ / / PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES ~ TIMES OF SERVICE ATTEMPTED. NOT SERVED On .ne day of Moved Unknown 1~t Attempt: / / 3rd Attempt: / / Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ,200__, at __ No Answer Time: Time: o'clock__.m., Defendant NOT FOUND because: Vacant 2~a Attempt: / / Time: FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, INC. VS. GARY G. VASSIL DENISE E. VASSIL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3804 VV.R WIC A TION I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) GARY G. VASS1L and DENISE E. VASSIL on JANIIARY 15:2004 at 439 N. 2ND STREET, WORMLEYSBURG, PA 17043, in accordance with the Order of Court dated, The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to author/ties. ATTORNEY FOR PLAINTIFF DATE: February 24, 2004 AURORA LOAN SERVICES, INC., Plaintiff GARY G. VASS1L DENISE E. VASSIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 03-3804 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of December, 2003, upon consideration of PlaintiWs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Notice of Sale upon Defendant Denise E. Vassit, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address at 439 N. Second Street, Wormleysburg, PA 17043, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the sale premises. Service by mail will be deemed complete upon mailing. BY THE COURT, J. }~b~e~ley Oler, ~ J. 7160 3901 9848 1729 0179 TO: DENISE E. VASSIL 439 N 2ND STREET WORMLEYSBURG, PA 17043 SENDER: team 2 jrl REFERENCE: PS Form 3800, June 2000 RETURN ] Postage RECEIPT Certified Fee SERVfCE Return Receipt Fee US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intematidnei Mail 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 Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 7th day of April A.D., 2004, under and by virtue of a writ Execution issued on the 14th day of Oct, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3804, at the suit of Aurora Loan Serv Inc against Gary G Vassil & Denise E is duly recorded in Sheriff's Deed Book No. 263, Page 1964. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of flC/',a <.. , A.D2004 ~' ~"~ ~ Recorder of Deeds Aurora Loan Services, Inc. VS Gary G. Vassil and Denise E. Vassil In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3804 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2003 at 9:24 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gary G. Vassil, by making known unto Gary Vassil, personally, at 335 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law states that on December 3, 2003 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of Sale and Description upon Denise E. Vassil in the following manner: The Sheriffmailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only to the defendant's last known address of 6589 Waterlevel Highway, Cleveland, TN 37323. The unopened letter was returned to the Cumberland County Sheriffs Office on January 12, 2004 marked "Unclaimed." Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 3:30 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 Gary G. Vassil and Denise E. Vassil located at 439 North 2nd Street, Wormleysburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gary G. Vassil, by regular mail to his last known address of 335 Old Stonehouse Road, Boiling Springs, PA 17007. This letter was mailed under the date of January 12, 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 April 7, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $61,601.00 to Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th St., Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $64,759.02. Sheriff's Costs: Docketing $30.00 Poundage 1232.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Certified Mail 7.92 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 209.60 Patriot News 194.05 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,919.09 Swom and subscribed to before me So~o;!/~s~ ~.,,,~ This 7o ~ day ofq_/~,__.- ~Onott?a~y)-hdgt,~ if~R' Th°mas Kline' Sheriff 2004, A.D. , BY Real Estat6JDeputy Real Estate Sale # 49 On December 03, 2003 the sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 439 North 2nd Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 03, 2003 By: JG~{~ Real Estat~ Deputy 3.91-t.t0 THE. PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct Ne. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication 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 Sworn to and subscribed befc ,'~1~ 23rd de/~'of Fj~br"-~ary 2004 A.D. S A L E ~49 Te~ L. R~I, No~ .~~. C~ My ~m~ ~ June 6, ~ NOTARY PUBLIC ~,~~~ My commission expires June 6, 2006 Cumberland wit; CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 194.05 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have TAX PARC~ NO,: 47-19-1588-088, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA.' : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal on the following dates, viz: JANUARY 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. 49 Writ No. 2003-3804 Civil Aurora Loan Services, Inc. VS. Gary G. Vassil and Denise E. Vassil Atty.: Frank Federman ALL THAT CERTAIN lot or piece of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows. to wit: BOUNDED on the West by Sec- ond Street; on the North by Lot No. 99 on Plan of Lots hereinafter men- tioned; on the East by River Alley; and on the South by Lot No. 97 on PLan of Lots hereinafter mentioned; and fronting, 25 feet on Second Street and extending in depth of even width 150 feet to River Alley. BEING Lot No. 98 on Plan No. 3 of Edgewater, said plan being re- corded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 71. HAVING thereon erected a two story block dwelling house covered with aluminum siding, known as 439 N. Second Street, Wormleys burg. TITLE TO SAID PREMISES IS VESTED IN Gary G. Vassfl and De nise E. Vassil, his wife by Deed from James A. Beers and Mary I~ Beers, his wife dated 6/22/1995 and recorded 7/3/1995 in Record Book 124, Page 620, Tax Parcel #47-19-1588-088. 1S: ma~e ~oync, E~it°r~ SWOI~ TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 BOUNDED on the West by Sec ond Street; on the North by Lot No. 99 on plan of Lots hereir~fter men tioned; on the East by River Alley; and on the South by Lot No. 97 on plan of Lots hereir~fter mentioned; and fronting, 25 feet on Second Street and ex"tending in depth of even width 150 feet to River Alley. BEING Lot No. 98 on PlaI1 No. 3 of Edgewater. said plan being re- corded in the Cumberlarid County Recorder's Office in Plan Book No. 1, Page 71, HAVING thereon erected a two story block dwelling house covered with aluminum siding, known as 439 N. Second Street, Wormleys burg. TITLE TO SAID PREMISES IS VESTED IN Gary G. Vassil and De nise E. Vassll, his wife by Deed from James .~ Beers and Mary K. Beers, his wife dated 6/22/1995 and recorded 7/3/1995 in Record Book 124, Page 620. Tax Parcel //47 19 1588 088. N O'I'ARI~L SEAL ~J LOIS E. SNYDER, Notary public Ca,isle Boro, Cumberland Couriy My Commission Expires Ma~ch 5.2005 SCHEDULE OF DISTRIBUTION SALE NO. 49 Date Filed: May 7, 2004 Writ No. 2003-3804 Civil Term Aurora Loan Services, Inc. VS Gary G. Vassil and Denise E. Vassil 439 North 2nd Street Wormleysburg, PA 17043 Sale Date: Buyer: Bid Price: April 7, 2004 Central Penn Property Services, Inc. $61,601.00 Real Debt: $80,296.07 Interest: 1,861.20 Attorney Costs: 147.83 Total: $82,305.10 DISTRIBUTION: Receipts: Cash on account (12/03/03): $ 1,500.00 Cash on account (04/07/04): 6,160.10 Cash on account (04/23/04): 58,598.92 Total Receipts: $66,259.02 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Borough of Wormleysburg Attorney Frank Federman Aurora Loan Services, Inc. $1,919.09 200.00 863.00 863.00 616.00 1,500.00 60,297.93 Total Disbursements: Balance for distribution: ($66,259.02) 0.00 So Answers: -R: Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 49 Held Wednesday, March 3, 2004 Date: March 3, 2004 2004. WATER RENT: SEWER RENT MECHANICS' AND MUNICIPAL CLAIMS Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. Possible unfiled Mechanics Liens and Municipal Claims. MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which James A. Beers and Mary Kay Beers, his wife, by deed dated June 22, 1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania in Deed Book 124, Page 620, granted and conveyed to Gary G. Vassil and Denise E. Vassil, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in bounda~ lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Second Street and River Alley. TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 6. Conditions, Easements and Restrictions shown on or set forth on Plan No. 3 of Edgewater recorded in Plan Book 1, Page 71. 7. Mortgage in the amount of $77,050.00 given by Gary G. Vassil and Denise E. Vassil to Columbia National, Inc. dated January 5, 1998 and recorded January 7, 1998 in Mortgage Book 1425, Page 774. Mortgage was assigned to Aurora Loan Services, Inc., by instrument recorded August 1, 2003 in Miscellaneous Record Book 700, Page 207. Complaint in mortgage foreclosure filed by Aurora Loan Services, Inc. as Plaintiff against Gary G. Vassil and Denise E. Vassil as Defendants in the Office of the Prothonotary of Cumberland County on August 6, 2003 to File No. 2003-3804. Judgment in the amount of $80,296.07 entered October 14, 2003 8. Mortgage in the amount of $12,719.00 given by Gary G. Vassil and Denise E. Vassil to Citifinancial, Inc. dated January 28, 2000 and recorded February 1, 2000 in Mortgage Book 1594 Page 145. 9. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10. Real estate taxes accruing on and after July 1,2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~ii~R~eei! r22 haaul~h;~zbe~i.n din g