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Home My WebLink About03-6466 FEDERMAN 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 FORPLAINTffF VNB MORTGAGE SERVICES, INe. 1425 10TH STREET GERING, NE 69341 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM (?ivJ:r~ v. NO. 03 -I.l/"-" CUMBERLAND COUNTY JANET E. GffiA 3F SOUTHMONT DRNE AIKIA 360 PEPPERCORN SQUARE AIKIA UNIT B-12 AND B-12-G SOUTHMONT DRNE ENOLA, P A 17025 Defendant( s) CIVIL ACTION - LAW 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 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. ff YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HilliNG A LAWYER. ff 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 83518 File#, 83518 IF TIDS 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 WRITTEN 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. 1. Plaintiff is VNB MORTGAGE SERVICES, INC. 1425 10TH STREET GERING, NE 69341 2. The name(s) and last known address(es) of the Defendant(s) are: JANET E. GIBA 3F SOUTHMONT DRIVE NKJA 360 PEPPERCORN SQUARE NKlA UNIT B-12 AND B-12-G SOUTHMONT DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/13/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1218, Page 83. By Assignment of Mortgage recorded 01/17/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 649, Page 134. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2003 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 #: 83518 6. The following amoUllts are due on the mortgage: Principal Balance Interest 07/01/2003 through 12/12/2003 (Per Diem $14.66) Attorney's Fees Cumulative Late Charges 06/13/1994 to 12/12/2003 Cost of Suit and Title Search Subtotal $62,953.51 2,418.90 1,250.00 177.64 $ 550.00 $ 67,350.05 Escrow Credit Deficit Subtotal - 831.48 0.00 $- 831.48 TOTAL $ 66,518.57 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in fhe event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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 DefauIt as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and fhe temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amoUllt exceeds $50,000. 10. This action does not come UIlder 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 $ 66,518.57, together wifh interest from 12/12/2003 at the rate of$14.66 per diem to the date of Judgment, and other costs and charges collectible UIlder fhe mortgage and for the foreclosure and sale of the mortgaged property. FEDERM~AND PHELA~ By: /slFr~fra~nan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 83518 \ \ ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to belCM as "Laurel Hills North Condaniniurn I", located in East Pennsboro TCMnship, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condaniniurn Act, 68 Pa.C.S.A. SS 3101 et seq., by the recording in the Office of the Recorder of Deeds of CUmberland County of a Declaration dated April 4, 1989, and recorded April 6, 1989, in the Office of the Recorder of Deeds of CUmberland County in Miscellaneous Book 362, Page 661, being and designated in such Declaration as Unit No. B-12, together with a detached garage, being and designated in such Declaration as Unit No. B-12-G, which said Unit is IOClre fully described in said Declaration and Plats and Plans-Site Plan, together with proportionate undivided interest in the Common Elements (as defined in said Declaration) of 5.71%. The right, in accordance with said Declaration, to reduce and reallocate Grantee's Proportionate undivided interest in the Common Elements as provided in the Declaration is reserved.PROPERTY ADDRESS: 3FSOUTHMONT DRIVE AIKIA 360 Peppercorn SQUARE A/KIA UNIT B-12 ahd B~11-G SOUTHMONT DRIVE VERlFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. q-~ ~,7jjL Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 11\.\1\0) (:) ~ 1i~~ ~ ~ () tI) ~ -u l2 ~ F .. - ~ '< (') 2 r;;-~ Ct c:- c...u .--4 .,~ (J ~T~..,..] r.;-I rn i"'"'- C) -l-,fTl - TJy C;". ~_-3 ~~ :L-l~ CJ:~ '" (- ~': C' \.:G SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06466 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VNB MORTGAGE SERVICES INC VS GIBA JANET E R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GIBA JANET E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GIBA JANET E 3F SOUTHMONT DRIVE 360 PEPPERCORN SQUARE ENOLA, PA 17025 DEFENDANT'S MOTHER LIVES AT GIVEN ADDRESS. DEFENDANT LIVES IN NEW YORK BUT STILL GETS MAIL AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 20.70 5.00 10.00 .00 53.70 Sheriff of County FEDERMAN & PHELAN 01/16/2004 Sworn and subscribed to before me this ;l;;[~ day of ~ J..aq'f A.D. C \ 0 J1.u.P<O.~ ",0;;;:' prOJ~tary i ~-~ Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff VNB Mortgage Services, Inc. COURT OF COMMON PLEAS CNIL DNISION vs. Janet E. Giba Cumberland COUNTY NO. 2003-6466 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 3 F Southmont Drive NKJA 360 Peppercorn Square NKJA Unit B-12 and B-12-G Southmont Drive, Enola, Pa 17025, and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". The Sheriff attempted service at the mortgaged premises located at 3 F Southmont Drive NKJA 360 Peppercorn Square NKJA Unit B-12 and B-12-G Southmont Drive, Enola, Pa 17025. The defendants mother is now residing at the mortgaged premises and advised the Deputy the defendant is now residing in New York. H:/Main Fonns/motions/county.comp 2. Pursuant to PaRC.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of January 31, 2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests tiris Honorable Court enter an Order pursuant to Pa.R.c.P. 430 directing service ofthe Complaint by J1rst class mail and certified mail. Respectfully submitted, Federman an helan, LLP Attorney fi laintiff '-- wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: January 31, 2004 H:lMain Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fi)r Plaintiff VNB Mortgage Services, Inc. vs. COURT OF COMMON PLEAS CNIL DMSION Cumberland COUNTY NO. 2003-6466 Janet E. Giba MEMORANDUM OF LAW Pa. R.C.P. 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 natun: 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 fornarding 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." Adontion 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 Infonnation Act, 39 e.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 Sheriff's Return of SI:rvice, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Forms/motions/county.comp WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.RC.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phelan, LLP Attorney for aintiff B~ 1~ x1?tl rJ<<.Luza" .______ L~~T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: January 31, 2004 H:/Main Fonns/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2003.D6466 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~D VNB MORTGAGE SERVICES INC VS GIBA JANET E R. Thomas Kline ,Sheriff or De~uty Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GIBA JANET E but was unable to locate Her in his bailiwick. He cherefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GIBA JANET E 3F SOUTHMONT DRIVE 360 PEPPERCORN SQUARE ENOLA, PA 17025 DEFENDANT'S MOTHER LIVES AT GIVEN ADDRESS. DEFENDANT LIVES IN NEW YORK BUT STILL GETS MA.IL AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 20.70 5.00 10.00 .00 53.70 ~ . .-~:~",. so..answe.r..s..._. c<.... '.. ~.....-....,~_.~. ". ~"::--::. ..,/'/ --~;~..,::"~:::;>'-- .:;..p"": ~c-"--""-/ f 7::":~'--" ..". .....,"-0~ I .. . R. Thoma's" Kh '. Sheriff of Cumberland County FEDERMAN & PHELAN 01/16/2004 Sworn and subscribed to before me this day of A.D. Prothonotary ~ Default Express Inc. 4905 Hamifton Or. Voorhees,NJ,08043 Phone: 888-563-474Ii Fa.: 215-563-4746 info@defaufte.press.c.om File # : 03-11450 FEDERMAN & PHELAN Firm: Subjecl : Janet E. Giba Current address: 360 Peppercorn Sq. #12 Enola, PA 17025 3F Southmont Dr. Enola, P A 17025 360 Peppercorn Sq. #12 Enola, PA 17025 Property address: Mailing address: I Steven M. Ruffo,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) on 1/23/04 alld have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Janet E. Giba - 184-38-1836 B. EMPLOYMENT SEARCH Janet E. Giba - A review of the credit report provided no employment information. C. INQUIRY OF CREDITORS On 1/23/04 our inquiry with the creditors indicate that Janet E. Giba reside(s) at 360 Peppercorn Sq. #12 Enola, PA 17025 II. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 1/23/04 our inquiry with the Directory Assistance indicated that Janet E. Giba reside(s) at 360 Peppercorn Sq. #12 Enola, PA 17025 717-732-7270. Our Office made a telephone call to the mortgagors phone lIumber and reached the voicemail. III. INQUIRY OF NEIGHBORS Using our Whitepages database on 1/23/04 we were ullable to verify the current address with any of the Neighbors within ten houses of the above referenced subject. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address datahase on 1/23/04 indicates the following is correct Janet E. Giba _ 360 Peppercorn Sq. #12 Enola, PA 17025 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 1/23/04 the following is an active mailing address: no addresses on file. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Janet E. Giba has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/23/04 Vital records has no death records on file for Janet E. Giba B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Onr office conducted a check on 1/23/04 for public licenses/records and found the following: none C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Janet E. Giba D. INTERNET All accessible public databases have beeu checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 1/23/04 our office conducted a search ofthe following tax records which showed the following: See Attached VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Janet E. Giba - 9/27/46 B. AKA none 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 statemants 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.C.S. Sec 4904 relating to unsworn falsification to authorities. Oft-M~ AFFIANT Steven M. uffo Default Express Services, INC. President Sworn to and subscribed before me this ..ll-dayof Jan 2003 ~g~ [NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar.21, 2007 ~Default Express Inc. 4905 Hamilton Dr. VoorhaBs,NJ,08043 Phone: 888-563-4746 Fax: 215-563-4746 infolBldefaultexpress;com .....OVIilIIl.O_TlI)ll El1r.T....'.EI> 'I\Q.......V"IU\.~.~U.LD IlBt:O...1l8 AIlDWI!IA'UIOIlL....LI1l.L. 'OIlTHEC01lTOfTH. A"IIlAvrr National Property Mail Addr.: 360 PEPPERCORN SQ # 12 ENOLA PA 17025-2601 Assessor Record Parcel Number: 09140835082 Ul2 Property Addr.: 360 PEPPERCORN SQ ENOLA PA 17025-2601 Owner Name: G1BA,JANET E Spouse: Phone: County: Cumberland (Code PA041) Municipal. Code: CU Carrier Route: C004 Units: Year Built: Eff. Year Built: Rooms: Bedrooms: Bathrooms: Sq. Lot: Lot Size: Zoning: Assessed Value: $123,080.00 Percent Improv.: 9999 Std. Use Code: RMSC Tax Amount: 37380 Title Company Code: Deed Type: Sale Amount: $0.00 Sold Date: Sold Doc: Transact. Type: Last Transact. Date: Transact. Doc: Loan Amount I: $0.00 Loan Amount 2: $0.00 Loan Type: Int. Rate Type: Full or Part.: Mult. or Port.: Lender: Homeowner Exempt: LAUREL HILLS NORTH LOT 1 UNIT 12/12G PB 54 PG 30 RESIDENTIAL WITH Legal Desc.: BUILDINGS VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE 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 subj ect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: January 31,2004 Respectfully submitted, Federman andJlielan, LLP Attorn.~ . rlaintiff ~~ ~~/K~- L .. Francis S. Hallinan, Esquire H:lMain Fonns/motions/county.comp (') c: ~ ":9rp I,:,,, ~:.;!~~ ~'~: eJ ~... ::~.. !'J ~.2;~ ~_.) >(; ~ ...., = ~ .." r'1 cu I &" ~ ~~ ~~ ~ ~~a g ;;, ~ \D ~ 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 (215) 563-7000 ATTORNEY FOR PLAINTIFF VNB MORTGAGE SERVICES, INC. COURT OF COMMON PLEAS Plaintiff CNIL DIVISION vs. CUMBERLAND County JANET E. GffiA No. 03-6466 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FED AND PHEL , LLP BY." ( F FEDERM, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: January 31. 2004 /txh, Svc Dept. C) ~ -om mr1"'l z::c zC; 0_'.~,'~. r:Q :,c_ ~8 ~. ~ .... <= <= ..- ...., l'T'I co I :s::- ~ ~~ ~ ~~ ~ ~ o '-< o VNB MORTGAGE SERVICES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JANET E. GIBA 03-6466 CIVIL TERM ORDER OF COURT AND NOW, this q~ day of February, 2004, upon consideration of plaintiff's motion for service pursuant to special order of court, IT IS ORDERED that the said motion, IS GRANTED. It is further ORDERED AND DIRECTED that plaintiff may obtain service of the complaint, and all future pleadings, on the above captioned defendant Janet E. Giba by: 1. First class mail to Janet E. Giba at the last known addfess and the mortgaged premises located at 3 F Southmont Drive AlKJA 360 Peppercorn Square A/KJA Unit B-12 and B-12-G Southmont Drive, Enola, PA 17025, 2. Certified mail to Janet E. Giba at the last known address and the mortgaged premises located at 3 F Southmont Drive A/KJA 360 Peppercorn Square AlKJA Unit B-12 and B-12-G Southmont Drive, Enola, PA 17025, and 3. By publishing notice of the complaint one time in the Cumberland Law Journal. By the Court, :sal r '1> >- ,"'oJ ~ <-c. lJ...!Q .:.' U.-G. :'C a:Q "'- '..1--1- ~5 en t CC I wo_ ~UJ <0 LJ....:c w t-. ...... .,,;; -T ~ lL = , 0 = U ...... ~ rf ~ t 1 t' E;\' ~ , - FEDERMAN 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 CENfER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 VNB MORTGAGE SERVICES, INe. 1425 10m STREET GERING, NE 69341 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO. JANET E. GffiA 3F SOUTHMONf DRIVE AlK/A 360 PEPPERCORN SQUARE AlK/A UNIT B-12 AND B-12-G SOUTHMONf DRIVE ENOLA, P A 17025 CUMBERLAND COUNTY '8ft .-, Defendant( s) CIVIL ACTION - LAW 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 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW. TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATIONl've her;'lb 2 LffiERTY AVENUE ,. -'tit:" t~'.'YJ]8rtify the CARLISLE, PA 17013 '.: '.~ Cd a tr;'-ie~nd (717)249-3166 "'; ~fPYOfthe , i~fJqiiV'A/r~ZDe$HE~N ~~I '~:f'; . File #; 83518 File#: 83518 IF TIllS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIllS OFFlCE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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 WRITTEN 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 THffiTY (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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. I. Plaintiff is VNB MORTGAGE SERVICES, INC. 1425 10TH STREET GERING, NE 69341 2. The name(s) and last known addressees) of the Defendant(s) are: JANET E. GIBA 3F SOUTHMONT DRNE NKJA 360 PEPPERCORN SQUARE NKJA UNIT B-12 AND B-12-G SOUTHMONT DRIVE ENOLA,PA 17025 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/13/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND C Mortgage Book No. 1218, Page 83. By Assignment of Mortgage rccorde 1117f the mortgage was assigned to PLAINTIFF which Assignment is recorded' ent of Mortgage Book No. 649, Page 134. \ \ V The premises subject to said mortgage is described as attached. l \ 1 u 4. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/0112003 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#: 83518 6. The following amounts are due on the mortgage: Principal Balance Interest 07/0112003 through 12/12/2003 (per Diem $14.66) Attorney's Fees Cumulative Late Charges 06/13/1994 to 12/12/2003 Cost of Suit and Title Search Subtotal $62,953.51 2,418.90 1,250.00 177.64 $ 550.00 $ 67,350.05 Escrow Credit Deficit Subtotal TOTAL - 83\.48 0.00 $- 83\.48 $ 66,518.57 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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 cOlmseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant( s). WHElffiFORE, PLAINTIFF demands an in !!<ill Judgment against the Defendant(s) in the sum of $ 66,518.57, together with interest from 12/12/2003 at the rate of$14.66 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. FEDERMAN AND PHELN:1, PJJ ;J ~ '<;;'~ By: /s/F~al(man FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 83518 ALL'lHAT CERTAIN Unit and the property known, named and identif'i.€din i:he'oecl.araH6u referred to below as Mlaurel Hills North. Condcm:inium 1M, located in East Pennsboro Township, OJntJerland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Unifonn Condaninium Act, 68 Pa.C.S.A. SS 3101 e.t seq., by the recording in the Office of the Recorder of Deeds of Cunberland County of a Declaration dllted April 4, 1989, and recorded April 6, 1989, in the Office of the Recorder of Deeds of Cunberland County in Miscellaneous Book 362, Page 661, Ileing and de!>i<Jlla.ted in such Declaration as Unit No. 8-12, together witha detached garage, being and designated in such Declaration as Unit No. 8-12-G, which said Unit is nnre fully described in said Declaration and Plats and Plans-Site Plan, together with proportionate undivided interest in the Ccmoon Elements (as defined in sa;id Declarationl of 5.71%. The right, in acoordancewith said Declaration, to reduce and reall.ocate Grantee's Proportionate undivided interest in the Canoon Elements as provided in the Declaration isr~ed.PROPERTYADDRESS: 3FFSOUTHMONT DR~VE A/K/A 360 ~eppercorn -". -SQiiARif'A1f</AUN:rT--B':fT-aIl(rBPT.T:.:<r-~r6UTHMONT'DiljtVE ' . '-"'__''''~_~'_'_~'_'''_'' . VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The Undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~"NG.7L Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: r& n\CJ) , FEDERMAN AND PHELAN, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF VNB MORTGAGE SERVICES, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 03-6466 CIVIL Vs. JANET E. GIBA Defendants PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO AMEND CAPTION AND ACTION TO CORRECT PLAINTIFF'S NAME provide that: Pa. R. C.P., Rule 1033 of the Pennsylvania Rules of Civil Procedure specifically A party may, be leave of court at any time, amend his pleading. The amended pleading may aver trans- actions or occurrences which have happened before or after the filing of the original pleading... "Amendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party." See Gutierrez vs. Pennsvlvania Gas and Water Comoany. 507 A.2d 1230, 1232 (1986). In the instant case, the original suit referenced the Assignment of mortgage as being recorded on "January 17, 2000". The correct recording date is "July 17, 2000". WHERFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Paragraph 3 of Plaintiffs Complaint to Correct the assignment infonnation to reflect the correct recording date for the assignment to Plaintiff. Respectfully submitted, Fedennan and Phelan, LLP DATE: February ll, 2004 . G. S ieg, Esquire Attorney for Plaintiff By: Federman and Phelan, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 VNB MORTGAGE SERVICES, INC. Attorney for Plaintiff Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-6466 CIVIL JANET E. GlBA Defendant RULE RETURNABLE AND NOW, this day of ,2004, a Rule is entered upon the Defendants, to show cause why an Order should not be entered granting Plaintiff's Motion to amend Caption and action. Rule Returnable on the day of .2004. BY THE COURT, J. FEDERMAN AND PHELAN, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF VNB MORTGAGE SERVICES, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 03-6466 CIVIL Vs. JANET E. GIBA Defendants CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of the Motion to Amend Paragraph 3 of Plaintiffs Complaint Nunc Pro Tunc was sent by regular mail to the following persons: Janet E. Giba 3 F Southmont Drive NKIA 360 Peppercorn Square NKIA UNIT B-I2 and B-12-G Southmont Drive Enola, PA 17025 Respectfully submitted, Federman and Phelan, LLP Dated: February 11,2004 VERIFICATION I, Daniel G. Schmieg, Esquire, state that I am the attorney for the Plaintiff in this action, and that I am authorized to make this verification, and that the statements made in the foregoing Motion to Amend Caption and Action Nunc Pro Tunc are true and correct to the best of my knowledge, information and belie( The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman and Phelan, LLP el G. 'eg, Esquire Attorne or Plaintiff DATE: February 11, 2004 By: ' c~ FEDERMAN AND PHELAN, LLP By: Daniel G. Sclunieg, Esquire Attorney I.D. No. 62205 Suite 1400, One Penn Center at Suburban Station 1617 JohnF. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 \, FEB \~2004 ATTORNEY FOR PLAINTIFF [) 9 VNB MORTGAGE SERVICES, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 03-6466 CIVIL Vs. JANET E. GffiA Defendants ORDER AND NOW, this JO~ day of J~004, upon consideration of Plain tiffs Motion to Amend Caption and Action Nunc Pro Tunc and Memorandum of Law in support thereof and response thereto, if any, it is hereby ORDERED AND DECREED that Paragraph 3 of the Plaintiffs complaint be amended nunc pro tunc to correct the assignment recording date from "January 17, 2000" to "July 17, 2000". It is further ORDERED AND DECREED that the Prothonotary correct the docket information in accordance with this Order. ~ -.r \ o.,,\~ J. fi. rt y~ t . c c....... , ~ 1: ~ VII<\>\l,! ,,(.~' 1\; -". ::~-! \.'N",)r-.n n' '[,'''-''n'' j U '; IU,! " .':" - ~" ':1:.'/11 v 61 ;11 !!d O~ 83:1 ~OOZ PjVIO>JCHIOc:d 3H1 :10 3J!:l:!O-(Jjl!:1 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 ~ 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~(i1- 7000 Attorney for Plaintiff VNB MORTGAGE SERVICES, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. JANET E. GIBA : CUMBERLAND COUNTY Defendant(s) : NO. 2003-6466 AFFIDAVIT OF SERVICE OF COMPLAINT RV MAn. PTTRSTT A NT TO COTTRT ORORR I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, JANET E. GIBA at 3 F. SOUTHMONT DRIVE A/KIA 360 PEPPERCORN SQUARE A/KIA UNIT B-12 AKlA B-12-G SOUTHMONT DRIVE, ENOLA, P A 17025 on F"hr",,,:y 20, 2004, in accordance with the Order of Court dated February 9, 2004. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: FehmH1')170 7004 it~ (~md4~ C FEDERMAN, ESQUIRE Attorney for Plaintiff o r- ~ ":-= c) z ~ -< ,...., = = -t" .." Pl CD N ...- o 1"1 ::;J f~i=i r.' -ern :DO ~~~k :.-c> ;.-~rTJ -'::1 p ,:;J -< ::u ~:) 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 (215) 563-7000 ATTORNEY FOR PLAINTIFF VNB MORTGAGE SERVICES, INC. COURT OF COMMON PLEAS Plaintiff CNIL DIVISION vs. CUMBERLAND County JANET E. GIBA No. 03-6466 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. / , FEDE AND PH ,LLP B .~ F. FEDERM, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: February 20. 2004 hxh, Svc Dept. () c:.: ~:... ;:J.Gl '-"'r', "'. -,',,- .~ , OJ ....< ,-' <: - ,~i> -"'C: z '-j --.. "" co '-~ .c- ...., ~ 0::> ", -'='" o -n ::;1 r.~f:~ -"'I,'"Tl ::59 96 -Y-'-l"; ~;2 ~~~ ('S' n ., -0 w ..,.,~ ::~J -:.... FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Idelltificatioll No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 VNB MORTGAGE SERVICES, INC. 1425 10TH STREET GERING, NE 69341 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2003-6466 JANET E. GIBA Defendant(s). 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 JANET E. GIBA , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/12/03 to 4/20/04 TOTAL $66,518.57 $1,920.46 $68,439.03 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. JJlM1X ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: tlpf1..i.L .;),1 J..00<f aA4~ K. I PROPROTHY FEDERMAN AND PHELAN BY; FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ';) ';01-7000 Attorney for Plaintiff VNB MORTGAGE SERVICES, INC. ; COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION vs. JANET E. GIBA : CUMBERLAND COUNTY Defendant( s) : NO. 2003-6466 AFFIDAVIT OF SERVICE OF COMPLAINT RV MATI, P{JRSTIANT TO C:OTIRT ORDRR I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, JANET E. GIBA at 3 F. SOUTHMONT DRIVE AfKfA 360 PEPPERCORN SQUARE AlKJA UNIT B-12 AK/A B-12-G SOUTHMONT DRIVE, ENOL1\, PA 17025 on Fehruary 20, 2004, in accordance with the Order of Court dated February 9, 2004. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: Fehmmy 7.0, 2004 FRANKFEDE~,ESQUIRE Attorney 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 (71 'i) "01-7000 ATTORNEY FOR PLAINTWF VNB MORTGAGE SERVICES, INC. Plaintiff : COURT OF COMMON PLEAS : CML DMSION Vs. : CUMBERLAND COUNTY JANET E. GmA Defendants : NO. 03-6466 CIVIL TO: JANET E. GffiA 3 F. SOUTHMONT DRIVE A/KJA 360 PEPPERCORN SQUARE A/KJA UNIT B-12 A/KJA B-I2-G SOUTHMONT DRIVE ENOLA, PA 17025 DATE OF NOTICE: APRIL 2, 2004 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.W 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 MAYBE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGmLE PERSONS AT A REDUCED FEE OR NO FEE. I'lLt toPy CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 V J t\ 5: l\Ar(\ "'-.. S:~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 ATTORNEY FOR PLAINTIFF VNB MORTGAGE SERVICES, INC. 142510TH STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2003-6466 JANET E. GIBA Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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. (b) that defendant JANET E. GIBA is over 18 years of age and resides at, 3F SOUTHMONT DRIVE AlK/A 360 PEPPERCORN SQUARE AlK/A UNIT B-12 AlK/A B-12-G SOUTHMONT DRIVE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J,JI.MJ? ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL 'l'HAT CERTAIN UNIT AND mB PROPBRTY DDWN, N1\MBD AND IDENTIFIBD IN THE DECLJ\R "TION JlBFInUUID TO IlBLOW JIB "LlWRBL HILLS NORTH CONDOMINIUM Iff f LOCATED IN BAST PBNNSBORO TOWNSHIP, ctl4BBRLAND COtlNTY' f PKNN8YLVANIA, WHICH HAS HERETOFORE DBEN' SOBMrTTID TO THE PROVISIONS OF mE PENNSYLVAlUA UNIFORM CONDOMINIOM ACE 68PA C.B.A. 3101 E'l' BBQ BY THE RECORDING IN THE OFFICE OF THE RECORDBR OF DBBDS OF CUMBERLAND OOIlNTY OF A DBCIJlRATION DATBD APRIL 4, 1989 AND RECORDIlD APRIL 6, 1989 IN mB OFFICE OF THE RROORDBR OF DBBDS OF CUMBBRLAND OOIlNTY IN MrBCBLLANBOUS BOOK 362,. PMB 661, BBING AND DE8IGNATm IN SUCH DECLARATION AS UNIT NO~ 8-12, TOOS'm:ER WITH A ATTACHBD OA.RME, BBtNO DBBIQfATIlD IN BUaI DRClJUUITION JIB UNIT NO. B-12-0, WHICH BAID CHIT IS MORE FULUY DBBCRIBBD IN BAID DECLARATION AND PLATS IN PLANS-SITE PLAN, "J.'()()E'l"HER WI'l'H PROPORTIONATE UNDIVIDED INTBllR8T IN THE OOMI<<>N BL~B (JIB DEFINED IN BAID DBCLARATION OF 5. 71t. GRANTOR RRSBRVEB THE RIGHT, IN l\COORDANCE WITH BAID DElCLllRATION, TO RlIDUCB AND RRALLOCATB UR.AIl'l'BR'B PROPORTIONATE UNDIVIDBD INTBllR8T IN mE OOMMON ELEMENTB JIB PROVIDIlD IN THE DBCLARATION. BEINO THE SAMB PROPIlRTY CONVEYED TO JANllT B. OIBA BY DBBD FROM CYRIL FYRBTRR AND WINIFRIID V. FYRBTBR, HUBBAND AND WIFB REOORDRD 06/14/1994 IN DBBO BOOK 106 PAGE 1017 PROPERTY ADDRESS: 3F SOUTHMONT DRIVE NKlA 360 PEPPERCORN SQUARE NKlA UNIT B- 12 AND B-12-G SOUTHMONT DRIVE, ENOLA, PA 17025. TAX PARCEL: # 09-14-0835-082-UI2 -lQ.. t~~ ~ ~ '- (", 0 \' ~ ~ -V ~ ~fu ~ ~ J:: :~- ) -r: ... ~ .) -..- t. ~, FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF VNB MORTGAGE SERVICES, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JANET E. GIBA NO. 2003-6466 Defendant(s). 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: () 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 unsworn falsification to authorities. J~.~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 VNB MORTGAGE SERVICES, INC. Plaintiff, v. No. 2003-6466 JANET E. GIBA Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $68,439.03 Interest from 4/20/04 to SEPTEMBER 8, 2004 (per diem -$11.25) $1,586.25 and Costs TOTAL $70,025.28 ]~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. < S( - < ~ < ;;;l'" 0'81 "'I"- ~~ o ~. U< ~.....l "'0 ~Z ~'" '" . ~'" 0;;;' r..:$ ~;: <~ OZ Z S(E-< ",< 0 ~~ <;;;. U .. E-< ",.....l Z ;;;l "':;E .....l>< .. U ===:: ~'" rh -d ZZ "'~ ~E-< OJ '" ~ ~ ~~ ~;;;l ;0- OZ U ... < '" = E-<O OJ :;Efi: .. ., en ~ = r.. = ~ <:: Z'" OJ .. O<l -"" .- on :;E . (.:l ... j~ O(.:l >. O~ '" E-< .. :;E~ '" '" .; ~ ;:~ 8 uz '" .. > 1t.8 ='7 r..;;;l E-< ~ ~ 1~ E-<= en (.:l ... 00 '" ;;;l< OJ E-<U ~ ~ ~:" OS( g. Ot: ' 0 Po ~~ ~ ... r:-:: t:: "'- r.. = r..< OJ ;;;lZ ",:;E < ... M.... OJ 0< 0 ..<:: UQj :;E ~'-' ..... ~ .. 00= "'", = U en '" -i:i OJE-< == Z ~ ..... r E-<:;E ;;;. ..!:l :gZ Z;;;l ~ iI: <;;;l ..u A ~ ~ ~ - 1 ~ ~ - co2 - ~ - ~J - ;; : d:J ~ ~C5 - - .. -. t--- (l () <J 0 () 0 () () v ~ 4 ()~~ Q VI ~ () l.J) 1'#' 1 v; .~ 0.:. . . -.: . ~flu C't V,) ~ tb- "') l\:JQ!~ )~ LEGAL DESCRIPTION ALL THAT CERTAIN UNIT AND THE PROPIlIa'Y DDIIN, NlIMED AND IDBlITIFIBD IN THE DBCLARATION RBFBllRBD TO BBLOW Jl8 "LI\lIRBL HILLS NORTH OONDCX4nrrtJM :I",. LOCA1"ED IN BAST PBHN'S80RO TOWNSHl:P,. COMBBRLNm COUNTY, PENNSYLVANIA,. WHICH HAS HBRETOFORE DBEN' SUBMITTBD TO mE PROVISIONS OF THB PENN"SYLVANIA UNIFORM OONIlOMINIUM =r 68 PA C.B.A. 3101 BT SIlQ BY THE: RECORDING IN THE: OFFICE OF THE RECORDER OF DEBDS OF CIlMBERLAND OOUllTY OF A DBCLARA'l'ION DATED APRIL 4, 1989 AND R.BCXlRDBD APRIL 6, ~989 IN THE OFFICE OF '11IE RECORDER OF DEBDS OF CIlMBERLAND OOUllTY IN MISCBLLANBOU8 BCX)K 362, PMB 661, BE:ING AND DESIGNATID IN SUCH DECLARATION AS UNIT N04 B-12, TOOBTHER Wl:'TH A ATTACHED OARME, BIIINO DBSI<lNATBD IN surn DECLARATION Jl8 UNIT NO. B-12-0, WHICH SAID ONIT IS MORe FULLY DBSCRIBED IN SAID DECLARATION AND PLATS IN PLANS-SITE PLAN, T<><:JETHER WITH PROPORTIONATE UNDIVIDm> INTBRBST IN THE: Q)MMON BLBMBNTS IJl8 DBFINBD IN sAID DECLARATION OF 5.71\-. aRANTOR RESERVES THB RIaHT, IN ACOORDJINCB WITH SAID DBCLARATION, TO RBDtJCE AND RBALLOCATE ORANTBB'S PROPORTIONATE UNDIVIDED 'INTBRBST IN TIlE OOMMON BLBMBIlTS Jl8 PROVIDED IN THE DBCLARATION. BBDro THE: SAME PROPBRTY CONVBY1lD TO JANBT E. OIBA BY DBBD FROM CYRIL FYRSTBR AND WINIFRBD V. FYRSTBR, HUSBAND AND WIFE RB<X>RDED 06/14/1994 IN DEED BOOK 106 PAGE 1017 PROPERTY ADDRESS: 3F SOUTHMONT DRIVE NKlA 360 PEPPERCORN SQUARE NKlA UNIT B- 12 AND B-12-G SOUTHMONTDRIVE, ENOLA, PA 17025. TAX PARCEL: # 09-14-0835-082-Ul2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6466 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VNB MORTGAGE SERVICES, INC., Plaintiff (s) From JANET E. GIBA (I) You are directed to levy upon the property ofthe 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 found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,439.03 L.L. $.50 Interest FROM 4/20/04 TO 9/8/04 (pER DIEM - $11.25) - $1,586.25 AND COSTS Ally's Cornrn % Due Prothy $1.00 Ally Paid $135.70 Other Costs Plaintiff Paid Date: APRIL 21, 2004 CURTIS R. LONG (Seal) Prothono" n CyJf -.By: ~n.,.,..1 - C:.: . , 't.dl/1~rt.r- Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHlA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 VNB MORTGAGE SERVICES, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JANET E. GIBA CIVIL DIVISION Defendant(s). NO. 2003-6466 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) VNB MORTGAGE 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 .3F SOUTHMONT DRIVE A/K/A PEPPERCORN SOUARE A/K/A UNIT B-12 AND B-12-G SOUTHMONT DRIVE. ENOLA, PA 17025 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JANET E. GIBA 3F SOUTHMONT DRIVE A/K/A 360 PEPPERCORN SQUARE A/K/A UNIT B- 12 A/K/A B-12-G SOUTHMONT DRIVE ENOLA, PA 17025 2. Name and address ofDefendant(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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAUREL HILLS HOMEOWNER ASSOC. 101 OLD SCHOOLHOUSE LANE MECHANICSBURG, PA 17055 AMERICAN HEARING AID ASSOCIATION, INC. 289 LANCASTER A VENUE MALVERN, PA 19355 STARKEY LABORATORIES, INC. 6700 WASHINGTON AVENUE SOUTH EDEN PRAIRIE, MN 55344 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PEOPLES HERITAGE SAVINGS BANK 477 CONGRESS STREET, SUITE 600 PORTLAND, ME 04112-9540 5. Name and address of every other person who has any record lien on the property: Name 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. Name 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 3F SOUTHMONT DRIVE NK/A PEPPERCORN SQUARE A/K/A UNIT B-12 AND B-12-G SOUTHMONT DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 20, 2004 DATE J~l?~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff VNB MORTGAGE SERVICES, INC. Plaintiff, CUMBERLAND COUNTY v. No. 2003-6466 JANET E. GIBA Defendant(s). April 20, 2004 TO: JANET E. GIBA 3F SOUTHMONT DRIVE AlK/A 360 PEPPERCORN SQUARE AlK/A UNIT B-I2 AlK/A B-I2-G SOUTHMONT DRIVE ENOLA, P A 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 , 3F SOUTHMONT DRIVE AlK/A PEPPERCORN SQUARE AlK/A UNIT B-I2 AND B-I2-G SOUTHMONT DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,439.03 obtained by VNB MORTGAGE 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: I. 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. 2. 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. 3. 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 amount 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, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL 'l'HM' CERTAIN UNIT J\ND THB PROPERTY DDWN, Nl\MBD AND IDENTIPIED IN TIIB DECLARATION RBPBRRBD TO BELOW JIB "LAUREL HILLS NORTH CONDa4.:INIOM I" I LOCATED IN EAST PBNN'SBORO TOWNSHIP I COMBBRLAND COUNTY, PBNNSYLVANIA, WHICH HJ\S HBRBTOPORB BBEN SUBMITTED TO "nIB PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT 68 PA C.B .A. 3101. BT BBQ BY TIIB RECORDING IN TIIB OFFICE OP THB RBClORDBR OP DEBDS OP CUMBERLAND OOUNTY OP A DBCLARA7'ION DATED APRIL 4 f 1989 AND RBCORDBD APRIL 6 I 1989 IN THE: OFFICE OP mE RBClORDER OP DEBDS OP CUMBERLAND OOUNTY IN MISCma.MfBOUS BOOK 362, PAGE 661, BEING 1\ND DESIGNATED IN SUCH DECLARATION AS UNIT NO. Q-12, TOOB'l'HBR WITH A ATTACHED GARlVlE, BRING DBBIGNATBD IN Burn DBClJUUIrION JIB UNIT NO. B-1.2-G, WHICH SAID UNIT IS I<<>RB FULLY DESCRIBED IN SAID DECLARATION AND PLATS IN PLANS-SITE PLAN, TOGETHER WI.'IH PROPORTIONATE UNDIVIDED INTBRBBT IN THE ClOMK)N BL~B (JIB DBPINBD IN BAID DBCLARATION OP 5.7U. GRANTOR RBBBRVBS THB RIGHT, IN ACCORDANCE WITH SAID DBCLARAl'ION, TO REDUCE AND REALIDCATE GRANTEE'S PROPORTIONlITE UNDIVIDBDINTBRBST IN THE CO~ON BLIlMBIlTS JIB PROVIDED IN TIIB DBCLARATION. BRING THE 8J\ME PROPERTY CONVBYBD TO JANET E. GIBA BY DBED PROM CYRIL PYRBTBR AND WINIPRBD V. FYRBTBR, HUSBAND AND WIPE RECORDED 06/1.4/1.994 IN DEED BOOK 1.06 PAGB 1.01.7 PROPERTY ADDRESS: 3F SOUTHMONT DRIVE NKlA 360 PEPPERCORN SQUARE NKJA UNIT B- 12 AND B-12-G SOUTHMONT ORNE, ENOLA, PA 17025. TAX PARCEL: # 09-14-0835-082-Ul2 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 (71 'i) 'ifi1-7000 ~'r;: ,'LEnS L!V'i. LlJViS10i'i T.;"\"~.'TON COUliTY. PA Attorney For Plaintiff VNB MORTGAGE SERVIES, INC. vs. JANET E. GIBA Court Of Common Pleas Civil Division CUMBERLAND County : No. 03-6466 CNIL A FFmA VTT OF SFRVTrF me: PTTRT TrATTONTN Ar'r'ORDANr'F WTTH COTTRT ORDFR I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated February 9, 2004 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b) in rTTMHFRT ANn LAW TOTTRNAT on MARr'H 17 7004 . Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. Date: April 6, 2004 '- C.S. Section 4904 relating to unsworn falsification to aut ~ Frank Federman, Esquire LXH, Svc Dept. ~ v"l-3 PROOF OF PUBLlCATIION l1L-- 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 that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforel;aid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in Sllid 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 '. -; ";' _,ii. i;;':..... ,_ .... ...._.. -,:_;(~":..,,,,(, '2 'liNBMORtGAllII~.IIIlli.""" ~E.~8A;DitIiiI~ '~'''.'i ""'Y:"~.,'~~., The Sentinel March 03, 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 ...IIcat'on.", 1m ~. March 3, 2004 Sworn day of 25th My commission expire,s: ,---- NOTARIAL SEAL APRIL D. SHEAFFER, Notary Public , Carlisle, Cumberland County , "'" Commission Expires April 23, 2006 ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. 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 COlrrts 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 MARCH 12,2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that hie is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 12 day of MARCH. 2004 N~EA LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005 NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 2003-6466 VNB MORTGAGE SERVICES, INC.. PLAINTIFF VS. JANET E. GIBA. DEFENDANT NOTICE TO JANET E. GIBA: You are hereby notified that on December 15, 2003. Plaintiff, VNB MORTGAGE SERVICES. INC.. filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend. against you in the Court of Com- mon Pleas of CUMBERLAND County I Pennsylvania. docketed to No. 2003~6466. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 3 F SOUTHMONT DRIVE, A/K/ A 360 PEPPERCORN SQUARE. AI K/A UNIT B-12 AND UNIT B-12-G SOUTHMONT DRIVE, ENOLA, PA 17025, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. Vou aI'e warned that if you fail to do so the case may pro- ceed without you and a Judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR UlWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO IllRE A lAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN1Y BAR ASSOCJp;TION LAWYER REFERRAL SERVICE 32 South Bedford Street CarlIsle, PA 17013-3302 (717) 249-3166 FRANK FEDEHMAN. ESQUIRE FEDERMAN & PHELAN. L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Mar. 12 PROOF OF PUBLICATION y\~ ~~ v . 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 that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State afore!~aid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in s~lid 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 The Sentinel March 03, 2004 ' ," I' t:\"F coe'! ,,'(,~SE RETURN Affiant further depose,s that h~ It-not interested in the subject matter of the aforesaid notice or advertisement, and tha 1'lIegations in the ~ _,r" 9\ ~.." ..' / Sworn day'br My commission expires: ~ NOTARIAL SEAL IIPRIL D. SHEAFFER, Notary Public Carlisle, Cumberland County ! u"l Commission E.pires April 23, 2006 I /J.' I , .~ . ::s~ t./,J '-1, ~~c, (~)}. J '_'. ,(_, ~ ,~. I cO..: i"J "";l~:'/ i , ~< I , '_f '..i .... ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : SS. COUNTY OF CUMBERLAND : 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 al.1 al.I~fations in the foregoing statements as to time, place and character of publication ate'ldb'l. ..~v , ,.c'X"'" '\J".J SWORN TO AND SUBSCRIBED before me this 12 dayof MARCH. 2004 N~EA LOIS E. SNYDER, Notary Public CartisIe Bora, Cumbertand County My Commission Expires March 5, 2005 fenses or objections in WIitlng with the court. Vou arc~ warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further noUce for the relief re- quested by the plaintiff. You may lose money. 0 r PII~OP y or other rights importantll . VNB MORTGAGE YOU soo.OLD': TIllS NO- SERVICES, INC., TICE;3'(~':WU~~ R AT ONCE. PLAINTIFF _~.,.;YQtI.JilQ N ~~\'E A LAWYER, vs. <,~;\. ~O~.'$'( l'HONE TIlE OF- JANET E. GIEA, . _.,C.;' ,-^-' .~ ~\~ I'ORTIi BELOW. THIS DEFENDANT '. ~'E CAN PROVIDE YOU WITIl INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, 1111S omCE MAY BE ABLE TO PROVIDE YOU W1TIl INFORMATION ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERV- ICES TO ELlGlBLI, PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIKI10N . .. . " LAWYER REFERRALSJ;:R"Il~E;<;;; 32 South Bedf,)rd.stn~t '.' Carlisle. PA j)'013-33Q~ (717) 249-316B '\ . FRANK FEDEHMAN. ESQUIRE FEDERMAN & PHELAN, L.L.P. Attorneys for Plaintiff One Perm Center Suite 1400 Philadelphia. PA 19103 (215) 563-7000 NOTICE OF ACTION IN MORTGAGE FORECWSURE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 2003-6466 NOTICE TO JANET E. GIEA: You are hereby notified that on December 15. 2003, Plaintiff, VNB MORTGAGE SERVICES, INC.. med a Mortgage Foreclosure Complaint endorsed with a Notice to Defend. against you in the Court of Com~ mon Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 2003-6466. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 3 F SOUTIiMONT DRIVE. AlKI A 360 PEPPERCORN SQUARE. AI KIA UNIT B-12 AND UNIT B-12-G SOUTIlMONT DRNE. ENOLA. PA 17025. whereupon your property would be sold by the Sheriff of CUMBERLAND Coun1y. _, You are hereby notified to plead .~-- to the above referenced Compla1n\ .::~'\ on or before 20 days from thec~'\, "\)~ of this publication or a Jud~ \J ~\ will be enlered against Y~'l;'V"..*, 'c;:(~' - .11"'.'.'.. eJ. ". Y ~\,~,..>, ...~~. . ." NO~ ,.'. . ,/ If you wlstE-~~~: ~~~st enter a written appea.rap~ person- ally or by attorney and file your de- ~' Mar. 12 i ..... ~ ~ i s ~ .~~ : f ~~~~~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VNB MORTGAGE SERVICES, INC. ) CIVIL ACTION ) vs. JANET E. GIBA ) CIVIL DIVISION ) NO. 2003-6466 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUlRE attorney for VNB MORTGAGE SERVICES, INC. hereby verify that on Auril23, 2004 trm: and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 16.2004 ~iDJrp1YJ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 3'.2 g g. - - - ;:'z U> .... W N - t-< - 0 '0 00 --J . ~ s 0, U> .... W N ff - o ~ ~o ",' ~ 0 ~ ~ 0 )> 0 ~ ::l. ~ n' iD z c: 3 C' co ".., '-< , o 0 ~. ~. 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"O-0'Tj e:~~tT1 ~-.....](1ltJ f!~~ ~~g~ ,......(1l~ -15", '0,,- C;o..CI1l-d w'< c: .... 1tx:l0"'~ -oElt:l 00 c: ct'l ' ~~~~ '"= ~ CIJ'" ::a.as-t"'"' ~ ~ cr. t"'"' ,,",CI1@l-d :., 5. ~ " .g :; ~ :3 .:::::t::J- """""" {YBOWf.5 01.800 R 23 2004 ODE "19103 , (.J 'II ....j -To !i-: ,) ---J " VNB Mortgage Services, Inc. VS Janet E. Oiba In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6466 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that served the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only to the within named defendant, to wit: Janet E. Oiba at her last known address of 3F Southmont Drive aIkI Peppercorn Square, aIkIa Unit B-12 and B-12-0 Southmont Drive, Enola, PA 17025. This letter was mailed under the date of June 4, 2004. On June 24, 2004 the unopened letter was returned to the Sheriff's Office as UNCLAIMED. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states th t on July 13, 2004 at 3:49 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 Janet E. Oiba located 3F Southmont Dr. a/k/a Peppercorn Square a/k/a Unit B-12 and 12-0 Southmont Dr., Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Janet E. Oiba, by regular mail to her last known address of 3F Southmont Dr. aIkIa Peppercorn Square a/k/a Unit B-12 and B-12-0 Southmont Dr., Enolal, PAl 7025. This letter was mailed under the date of July 13,2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that h returns the within writ as STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 14.22 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 10.36 Certified Mail 7.92 Levy 15.00Surcharge 20.00 .. Law Journal Patriot News Share of Bills Postpone Sale 274.70 270.97 30.49 20.00 $725.16 So Answers: '. Sworn and subscribed to before me ~~ .e<: ~ This j<lkday of A(j)H?~ i~ .J . R. Thomas Kline, Sheriff 2004 A.D. (2:1/'- (} 71udJ~,~ BY\ }6~ .~~-J:h ' fir honotary RealEst t Deputy \s1> ,"]\'1 ,,:r~ ;" . .~c ~'-' I)~j VNB MORTGAGE SERVICES, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEA JANET E. GIBA CIVIL DIVISION Defendant(s). NO. 2003-6466 AFFlDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) VNB MORTGAGE SERVICES. INC., Plaintiff in the above action, by its attorney, F FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution following information concerning the real property located at 3F SOUTHMONT DRIV PEPPERCORN S UARE A/K1A UNIT B-12 AND B-12-G SOUTHMONT DRIVE 17025 . NK as filed the A/K1 A NOLA P A 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot b reasonably ascertained, please indicate) JANET E. GIBA 3F SOUTHMONT DRIVE A/K1A 36 PEPPERCORN SQUARE A/K1A UN T B- 12 A/K1A B-12-G SOUTHMONT D VE ENOLA, PA 17025 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 I en on the real property to be sold: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) LAUREL HILI~S HOMEOWNER ASSOC. 101 OLD SCHOOLHOUSE LANE MECHANICS BURG, PA 17055 AMERICAN HEARING AID ASSOCIATION,INC. 289 LANCASTER AVENUE MALVERN, PA 19355 ST ARKEY LABORATORIES, INC. 6700 WASHINGTON A VENUE SO TH EDEN PRAIRIE, MN 55344 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot reasonably ascertained, please indicate) PEOPLES HERITAGE SAVINGS BANK 477 CONGRESS STREET, SUITE 60 PORTLAND, ME 04112-9540 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has ny interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occupant 3F SOUTHMONT DRIVE A/K/A PEPPERCORN SQUARE NK/A UNI B-I2 AND B- I2-G SOUTHMONT DRIVE Domestic Relations of Cumberland County ENOLA, P A 17025 Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, P A 17013 PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of y personal knowledge or information and belief. I understand that false statements herein are made s bject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 20, 2004 DATE l''LlmJ? ,1edtM"loUW'> FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . . VNB MORTGAGE SERVICES, INC. Plaintiff, CUMBERLAND COUNTY v. No. 2003-6466 JANET E. GIBA Defendant(s). April 20, 2004 TO: JANET E. GIBA 3F SOUTHMONT DRIVE A/K1A 360 PEPPERCORN SQUARE A/K1A UNI B-12 A/K1A B-12-G SOUTHMONT DRIVE ENOLA, P A 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO A TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * Your house (real estate) at 3F SOUTHMONT DRIVE A/K1A PEPPERCORN UARE A/K1A UNIT B-12 AND B-12-G SOUTHMONT DRIVE. ENOLA. PA 17025. is sche led to be sold at the Sheriffs Sale on SEPTEMBER 8. 2004 at 10:00 a.m. in the Cumberland Coun y Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $ 8439.03 obtained by VNB MORTGAGE SERVICES. INC. (the mortgagee) against you. In the ent the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Ru e 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, I te charges, costs and reasonable attorney's fees due. To find out how much you must p y, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to stri e or open thc judgment, if the judgment was improperly entered. You may also ask the C urt to postpone the sale for good cause. 3. 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 oe, the ore chant you will have of stopping the sale. (See notice on page two on how to obtain an abmey. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA'; 0 HER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highb der. You ill 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 pric grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full am 1C in the sale. find out if this has happened, you may call (717) 240-6390. T, 4. If the amount due from the Buyer is not paid to the Sheriff, you will ete oWner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount and the Sheriff gives a deed to the buyer. At that time, the buyer may bring you. eo the Sheriff goImgs to e . VIct 6. You may be entitled to a share of the money which was paid for ou' schedul distribution of the money bid for your house will be filed by the Sheriffw' hin the sale e;f schedule will state who will be receiving that money. The money will be aidrdance ;"'th hIS this schedule unless exceptions (reasons why the proposed distribution is rorwilh the I Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of gett ng yc:, if You immediately after the sale. act YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT NCENOT H A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP ONF: tISTJi;tVE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P. CUMBERLAND COUNTY ATTORNE CUMBERLAND COUNTY BAR ASS 2 LIBERTY AVENUE CUMBERLAND COUNTY COU CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL 'I'HA1' CERTAIN UNIT AND THB PROPERTY J.<roWN, NlIMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AB "LAUREL HILLS NORTH CONDOMINIUM 1.", LOC1cr'ED IN BAST PENNSBORO TOWNSHIP I COMBBRI.aAND COUNTY. PENNSYLV1\NIA, WHICH HAS HERETOFORE BEEN SUBMITTED TO mE PROVISIONS OF THB PENNSYLVANIA UNIFORM CONDOMINIUM ACr 69PA C.B.A. 31il1 ET BEQ BY THE RECORDING IN THE OFFICE OF THE RECORDBR OF DEED8 OF CUMBERlJ\lU) COUNTY OF A DEC:LARATlON DATED APRIL 4, 1999 AND RECORDED APRIL 6, 1.989 IN THE OFFICE OF THE RECORDER OF DBBDB OF CUMBERLAND COUNTY IN MI8C~08 BOOK 362, PME 661, BEING AND DESIGNATED IN SUCH DECLARATION AS UNl.T NO. B-12, TOGBTHRR WITH A ATTJ\CHED GAR..NlE, BEINO DB6IGNATBD IN BUaI DECLARATION AS UNIT NO. 8-12-0, WHICIl SAID UNIT IS MORE FULLY DESCRIBED IN SAID DECL1\RATION AND PLATS IN PL1INS-SrTB PL1IN, TOGETHER WITH PROPORTTONATE UNDIVIDED INTERBIlT IN THE COMMON ELEMENTS (AS DEFINED IN SAID DECLARATION OF 5. 7H. OIlANTOR RESERVEB THE RIGHT, IN ACCORDANCE WITH BArD DECLJlsRATION, TO REDUCE AND REALLOCATE ORANTEE1B PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTB lIS PROVIDED IN THE Dacr.l\RATION. BEING THE SAME PROPERTY CONV'EYED TO JANBT E. alBA BY DEED FROM CYRIL FYRSTBR AND WINIFRED V. FYRSTBR, HUSBAND AND WIFE RECORDED 06/14/1994 IN DEED BOOK 106 PAGE 1017 PROPERTY ADDRESS: 3F SOUTHMONT DRlVE NK/A 360 PEPPERCORN SQUARE NK/ UNIT B- 12 AND B-12-G SOUTHMONT DRIVE, ENOLA, PA 17025. TAX PARCEL: # 09-14-0835-082-U12 WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VNB MORTGAGE SERVICES, INC., Plaintiff (s) NO 03-6466 Civil CIVIL ACTION - LAW From JANET E. GIBA (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 fro paying any debt to or for the account of the defendant (s) and fromdehvering any property of the defend t (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 garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $68,439.03 L.L. $.50 Interest FROM 4/20/04 TO 9/8104 (PER DIEM - $11.25) - $1,586.25 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $135,70 Other Costs Plaintiff Paid Date: APRIL 21, 2004 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #11 On May 14,2004 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 3F Southmont Dr. a/k/a Peppercorn Square a/k/a Unit B-12 and B-12-G Southmont Dr., Enola, more fully described on Exhibit "A" ~ CV\I C\ril c::::::s GW li\ii filed with this writ and by this reference incorporated herein. Date: May 14,2004 By: Jt, dLK~~~ Real EstatlDeputy It'\Hl3d 1\~"11<\,".::>,!) . ,,~, ~~ ZO \\ nll.!1 , ,. .\\\0$\:) ,. ,.,. ,.. 0\ ':10 ~11l0"J. 1 ,0 'j., , :I:1\\IWS .JM . REAL ESTATE SALE No. 11 Writ No. 2003-6466 . Civil Term VNB Mortgage Services, Inc. Vs Janet E. Glba . Atty: Frank Federmen DESCRIPTION ALL 11lAT CEIITAIN unit and the property known, lliIl!led and identified in the declaration referre4 to. below as 1L1lllte1 mus North Condominium n,. located in East Peonsboro ~;'~'!all4'. County, Ptm1sylvania, VlbicllC~$~~sullnUlted to tbe . .,Of<llie. Ptnn$j'lvani.Unifonn '!...""~68I'A C;S.A:3lOlei!tA by il!gl!1tbe 0IIi~ 9f' the ~.. of 'pf Cumlierland County of a declaration dlItedAPril ii, 19&9 and recorded April 6, 19&9 in tbe Office of tbe Recorder of Deeds of Cumberland COllllty in Miscellaneous Book 362, Page 661, being and designated. In such declaration as Unit No. B-12, to-gether with an attached garage, being designated in such declar- ation as Unit No. B'12~, which s.aid unit Is more tUUy described in >aid declaration and plats in , plans-site. plan, together with proportion-ate undividM interest in the com-man elements (as defined in said declaration of 5.7J), Grantor reserves the righ4 in accordance with said declaration, to reduce and real-locate grantee's proportionate undl,vldM Interest in the common elements as provided in the decla-ration. BEING the same property con-veYM to Janet E. Giba by dee<l from Cj;il Fyrster and Winifred V. Fyrster, husband and wife, ",-corded 06114/ 1994 in Deed Book 106 Page 1017. PROPERlY address: 3F South-mont Drive aIkIa 360 Peppercorn Square aIkIa Upit B-12 and B-12-G Soulhmont Drive, Enola, PA 17025, TAX PARCEL #()9.14-D835-082-UI2, ------ ........ / ... ... '$ o '0 ... 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