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HomeMy WebLinkAbout05-3522 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ld. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA SUITE 1400 PHILADELPHIA,PA ]9103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003. AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INc., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-Cm 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIl. DIVISION TERM Gu:f:T0L~ NO. DS -.2S)~ CUMBERLAND COUNTY Plaintiff v. WILLIAM V AITKUNAS AlK!A WILLIAM A. VAITKUNAS LOUISA M. V AlTKUNAS 4]7 FOURTH STREET NEW CUMBERLAND, P A 17070 Defendants 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed 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 reliefrequested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM A TlON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER I.EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #; 119220 File #: 119220 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 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 ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDERTHE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDlT- BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM V AITKUNAS AIKIA WILLIAM A. VAITKUNAS LOUISA M. V AlTKUNAS 4 17 FOURTH STREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/18/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HOME GOLD, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1797, Page: 4088. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/24/2005 and each month thereafter are due and unpaid, and by Ihe 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 inlerest due thereon are collectible forthwith. File #: 119220 6. Thc following amounts are due on the mortgage: Principal Balance Interest 01/24/2005 through 07/1 ] /2005 (Per Dicm $] 9.46) Attomey's Fees Cumulative Late Charges 02/18/2003 to 07/11/2005 Cost of Suit and Title Search Subtotal $78,786.79 3,288.74 ] ,250.00 ]27.44 $ 550.00 $ 84,002.97 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOT AI, $ 84,002.97 7. The attomey'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. 8. Notice ofIntention 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 84,002.97, together with interest from 07/11/2005 at the rate of$19.46 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. PH~~AN, LIN~N &~M~E7.;-~ ' --rJ1te.t:J ~'). ;f/tl!t'1GO 7< By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File #: 119220 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated August 3 I, 1965, as follows, to wit: BEGINNING at a point on the northwestern line of 4th Street, which point is lOO feet measured northeastwardly from Geary A venue and which point is at the line dividing Lots Nos. 9 and lOon the hereinafter mentioned Plan of Lots; thenee along said dividing line North 51 degrees 45 minutes West 140 feet to the southern line of I st A venue; thence along the same North 38 degrees 15 minutes East 25 feet to a point on the line diving Lots Nos. 8 and 9 on said Plan; thence along the same South 51 degrees 45 minutes East 140 feet to the northwesterly line of 4th Street, thence along Ihe same South 38 degrees 15 minutes West 25 feet to the point of BEGINNING. BEING Lot No.9, Block 'M' on the Plan of George W. Buttorft's Addition to New Cumberland as recorded in the Cumberland County Recorder's Oftlce in Deed Book 'N', Volume 5, Page 500. HA VING THEREON ERECTED a two and one-half story Ii-ame dwelling known as and numbered 417 4th Street and a two story frame building on Ihe northwesterly Portion of the premises. PROPERTY BEING: 417 FOURTH STREET BEING THE SAME PREMISES WHICH Daniel P. Olpere and Diane E. Olpere, his wife, by Deed dated January 25, 1984 and recorded in Ihe Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book N- 30, Page 824, granted and conveyed unto Bradford N. Reed and Irene S. Reed, his wife. File #: 119220 VRRrmrA 1'J01'S: Monica Hardaway hereby states that he/she is FORECLOSURE SPECIALIST of LITTON LOAN SERVIClNG LP mortgage servicing agent for Plaintiff in this matter, that he/she 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 hislher knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: pis UjD1JM/iJf)H~J \ ~ AJ ~ it- 6 C/( '- D' I\'- ~ ~ Cl .. c. Y0 '\\ w ~ 0- ~ -I-- -......L... ~ l--.') (~l c:-:' <:~,w, o -n .-1 -J: -n hlC~ -q\-.q . ,~~- <~() -:. :Y") ~;~ ~7i u .';:~; <:-J :" c..... ( - r-' N P:~ (;:) en N SHERIFF'S RETURN - REGULAR CASE NO: 2005-03522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS VAITKUNAS WILLIAM ET AL MICHAEL BARRICK sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VAITKUNAS WILLIAM AKA WILLIAM A VAITKUNAS the DEFENDANT , at 1830:00 HOURS, on the 13th day of July , 2005 at 417 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to LOUISA M VAITKUNAS, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.60 .00 10.00 .00 41.60 r"j.~ ~~~?/~ R. Thomas Kline me this ... ;Cr- day of 07/14/2005 PHELAN HALLINAN SCHMIEG ~ BY:~ .. Deputy h iff Sworn and Subscribed to before Cf,o. ...... dlJU -: A.D. Ct . -<-'- 0 ~ ~, ~thonotary ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-03522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS VAITKUNAS WILLIAM ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VAITKUNAS LOUISA M the DEFENDANT , at 1830:00 HOURS, on the 13th day of July , 2005 at 417 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to LOUISA M VAITKUNAS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 o?'~' /# r /S:~~."',:.,....<: 4,..A:.~ R. Thomas Kline < 07/14/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this /1!:'O day of ~ rJJ' Ji.tO.( A.D. CJd Q Jhjdj.<~ honotary . PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff u.s. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET - BACKED CERTIFICATED, SERIES 2003 - CB3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CNIL DNISION NO. 05-3522 CNIL TERM Plaintiff v. WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, WILLIAM V AlTKUNAS AfKIA WILLIAM A. V AlTKUNAS , by certified mail and regular mail to 417 FOURTH STREET, NEW CUMBERLAND, PA 17070 and 1063 HURON DRIVE, APT, A, HARRISBURG, PA 17111, and in support thereof avers the following: 1. A Sheriff s Sale of the mortgaged property involved herein has been scheduled for DECEMBER 7,2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriff s Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to PaRC.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with PaRC.P., Rule 430 by certifIed and regular mail to 417 FOURTH STREET, NEW CUMBERLAND, P A 17070 and 1063 HURON DRIVE, APT, A, HARRISBURG, PA 17111. SCHMIEG, LLP r By: DANIEL G. S HMIEG, ESQUlRE Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE I, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKEDCERTIFICATED, SERIES 2003-CB3 CUMBERLAND COUNTY PMB No. 05-3522 CIVIL TERM ACCT. #8700668 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 DEFENDANT(S) WILLIAM V AITKUNAS AlKlA WILLIAM A. V AITKUNAS LOUISA M. VAITKUNAS SERVE WILLIAM V AITKUNAS AfK1A WILLIAM A. V AITKUNAS AT: 1063 HURON DRIVE, APT. A HARRISBURG, PA 17I1t SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock _,m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place ofbusines". 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 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. 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 On the +.!> 15 day of S..o*,,,,,!>... . , 200 ), at 4: ,-v o'clock ..e..m., Defendant NOT FOUND because: Moved --X- Unknown _ No Answer Vacant 1 st Attempt: q / ,,, / 0" Time: I.{ : 5i! PM 2nd Attempt: / / Time: 3rd Attempt: / / Time: X ONU!.. (!,Dfl" +-10" +e""o+ o.p. lOb; IIvro"" 1).:~ 4f'rlJ a",) -tl->e ""'"'5<-<~ at- ...).~(' 'f'rl--VV}'~:T Sworntoandsubsclibed W"'^f'I,.., <;h.k j-t.. .A fe J t' k.., ,he ""'~"Y'~ Ih-H-u-~ ~I-../ before me this t?'n day ~ rJ. c ~.., I.., (S rJltl veAl...... of S~\o.r-. 200~, J..-'^e J ..., &"l.J- 4..1". V)()1- ,,~ re.('()r.# Q.! I{ t?..yV'~'-'5 f-e~f;....,1- . Notary: ~q- By: /) ~ Attornev for Plaintiff Daniel G. Schmieg, Esqnire - I.D. No. 62205 NOTARIAL SEAL Joseph F. Goetz, Notary Public Emmaus Boro.. Lehigh County My commission expires August 3, 2008 AFFIDAVIT OF SERVICE ...1'ITIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKEDCERTIFtCATED, SERIES 2003-CB3 CUMBERLAND COUNTY PMB No. 05-3522 CIVIL TERM ACCT. #8700668 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 DEFENDANT(S) WILLIAM V AITKUNAS NK/A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS SERVE WILLIAM V AITKUNAS NK/A WILLIAM A. V AtTKUNAS AT: 417 FOURTH STREET NEW CUMBERLAND, PA 17070 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock_.m., at , Conunonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Cterk of place oftodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(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 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. 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. 4 NOT SERVED On the s-rJ. day of S'f'(J... , 20~at 7:/0 o'clockt..m., Defendant NO'I; FOPJ'lD b1cal'.Je: if' )..0 V I S'.a ",. V a. 't" "U /-Ji').5 S~. d f' Moved ~ 'l.nknown l"~lwer I Vacant - VJ}:\..' V.;/tTIW tJ 3'-S-- I' ~~ ~ 112""05 !)os", 1st Attempt: ( ( Time: 2nd Attempt: ( ( Time: 3rd Attempt: ( ( Time: Sworn to and sU~Jed befo~e this ~ of .o>f ,200,9.' Notary: VA.;o),'4r/C o.-r Attorn.(~ ~J" Daniel G. Schmieg, Esqnire - l.D. No. 62205 NOrNW8fAL 1.l.UCW:H. CMTY,=NIo My ~NlI'& 10." FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 119220 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: William Vaitkunas Current Address: ~963Huron Drive, Apt. A, Harrisburg, PA 17111 Property Address: 417 4th Street, New Cumberland, PA 17070 Mailing Address: 1663Huron Drive, Apt. A, Harrisburg, PA 17111 I, Brendan Booth, 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: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct William Vaitkunas - 020-58-0464 B. EMPLOYMENT SEARCH William Vaitkunas - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that William Vaitkunas reside(s) at: 1966 Huron Drive, Apt. A, Harrisburg, PA 17111. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 7/1/05 our office contacted directory assistance, which indicated that a Thomas Marfise reside(s) at: 417 4th Street, New Cumberland, PA 17070, however could not provide an address or phone number for William Vaitkunas. On 7/1/05,7/5/05 and 7/6/05 our office made a telephone call to Thomas Marfise's phone number, (717) 774-6688, and received the following information: no answer on all three occasions. B. On 7/1/05,7/5/05 and 7/6/05 our office made a telephone call to, (717) 774- 5299, and received the following information: automated answering machine on all three occasions which could not provide any information as to the whereabouts of William Vaitkunas. III. INQUIRY OF NEIGHBORS Using our White Pages data base our office was unable to locate any neighbors of 1063 Huron Drive, Apt. A, Harrisburg, PA 17111. N. ADDRESS INQUIRY A NATIONAL ADDRESS UPDATE On 7/11/05 we reviewed the National Address database and found the following information: William Vaitkunas -1063 Huron Drive, Apt. A, Harrisburg, PA 17111. B. ADDITIONAL ACTNE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 1'063 Huron Drive, Apt. A. Harrisburg, PA 17111. V. DRNERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on William Vaitkunas . VI. OTHER INQUIRIES A DEATH RECORDS As of 7/11/05 Vital Records and all public databases have no death record on file for William Vaitkunas. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for William Vaitkunas residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A DATE OF BIRTH William Vaitkunas - 9/1963 B. AK.A William A Vaitkunas, Jr. . All accessible public databases have been checked and cross-referenced for the above named individual(s). . Please be advised all database information indicates the subject resides at the current address. ~~~ b'OoR I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby 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 C.S. Sec. 4904 relating to unsworn falsification to authorities. COMMDNWEALTHOFPE NOTARIAL SEAL RYAN P GALVIN, Notary Public CIly of Philadelphia. Phi la, CoUllly CommIs&ion Expires December 21~ N MIA AFFIANT - Brendan Booth Foreclosure Review Services! Inc. ~?Jt~~ Sworn to and subscribed before me this 11 th day of July 2005. The above information is obtained from available public records JEM and we are only liable for the cost of the affidavit. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff U.S. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET - BACKED CERTIFICATED, SERIES 2003 - CB3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CNIL DIVISION NO. 05-3522 CNIL TERM Plaintiff v. WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129 .2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy ofthe manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, WILLIAM V AITKUNAS A/KJA WILLIAM A. V AITKUNAS ,are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (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 or Affidavit of Service 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) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts ofthe Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 417 FOURTH STREET, NEW CUMBERLAND, PA 17070 and 1063 HURON DRIVE, APT, A, HARRISBURG, P A 17111. Respectfully submitted, By: ESQUIRE VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: Scotember 20. 2005 ~I L J~ DANIEL(}.SC MIEG, SQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney 1.0. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff U.S. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET - BACKED CERTIFICATED, SERIES 2003 - CB3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CNIL DNISION NO. 05-3522 CNIL TERM Plaintiff v. WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. WILLIAM V AITKUNAS AfKIA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 and 1063 HURON DRIVE, APT, A HARRISBURG, PA 17111 Date: Seotember 20. 2005 Phelan Hallinan & Schmieg, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Paul M. Boccuti, Legal Assistant Sales Departmeut Represeuting Lenders in Pennsylvania and New Jersey WILLIAM V AITKUNAS AIK/ A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 and 1063 HURON DRIVE, APT, A HARRISBURG, PA 17111 Re: U.S. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET - BACKED CERTIFICATED, SERIES 2003 - CB3 vs. WILLIAM V AITKUNAS AIKJ A WILLIAM A. V AITKUNAS and LOUISA M. V AITKUNAS No. 05-3522 CNIL TERM Premises: 417 FOURTH STREET, NEW CUMBERLAND, PA 17070 Dear Sir/Madam: Enclosed please find Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Very truly yours, By: Pa>>111. 6~ Paul M. Boccuti (') ..., 0 => r..~_-. C-::"I -11 u, (/1 ::rJ r"f'l hiP! -0 r-> ~T~8 0"1 -'~', j -n d~~ ~- - (\"1 j> c-:: (,) _:,-1 .,-: ~> _J '" ::0 -< I,D .< 'f5.~ B\j AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKEDCERTlFICATED, SERIES 2003-CB3 CUMBERLAND COUNTY PMB No. 05-3522 CIVIL TERM ACCT. #8700668 Type of Action - Notice of Sherifrs Sale Sale Date: DECEMBER 7, 2005 DEFENDANT(S) WILLIAM V AITKUNAS NKlA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS SERVE LOUISA M. VAITKUNAS AT: 4t7 FOURTH STREET NEW CUMBERLAND, PA ]7070 SERVED _ eft.. Served and made known to Lou "5'3. fA, 1/ <>t',1- ~ \)~S, Defendant. on the!J day of ,200,S:atl:/{) ,o'clock-fm.,at f/7 II/" sf. I )/el.J GJ..Jo€"\6v..l~ s~. , Conunonwealth of Pennsylvania, in the manner described below: 'I.. Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place ofJodging 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: ...I \ I - dt:. -", ~ su..lL"V\~'~ Description: AgeE Height.!J r; Weight /~O RaceLSexL Other /Jo j\~se5 I, .s:j~~~1L>(:<Lh. C~~, -S;" a competent adult, being duly sworn accordiug 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 aud at the address indicated ahove. Sworn to and sUbsc~ed befor.>-(l1e tWs ~ day a of ~ ~(*" , 200r. Notary~~ By, PLEASE ATTE~~T SER~E AT LEAST 3 TIMES. INDICA ATTEMPTED. NOTARIAL SEAl.. I.UC8..U: H. CARTY, NelIry NIle 'Ii . FnldlCalr ta1O._ NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 f'0 r",.; ... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM Plaintiff, v. WILLIAM V AITKUNAS A/KJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS 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 WILLIAM V AITKUNAS A/KIA WILLIAM A. V AITKUNAS and LOUISA M. V AITKUNAS, 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 7/12/05 to 8/30/05 TOTAL $84,002.97 $973.00 $84,975.97 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. :ff~JfJ~ ' DANIEL G. SCHMIEG, ES~IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~. DATE: ~;)'ooS a . . . PRofPR ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 4828 LOOP CENTRAL DRIVE Plaintiff, v. WILLIAM V AITKUNAS AlK/A WILLIAM A. V AITKUNAS LOUISAM. VAITKUNAS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff ir 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 Congres: of 1940, as amended. (b) that defendant WILLIAM V AITKUNAS A/K/A WILLIAM A. V AITKUNAS is over 18 years of age and resides at , 417 FOURTH STREET, NEW CUMBERLAND, P A 17070 . (c) that defendant LOUISA M. V AITKUNAS is over 18 years of age, and resides at , 417 FOURTH STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ff~JLj'~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff .... (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW u.s. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED, SERIES 2003-CB3 4828 LOOP CENTRAL DRIVE Plaintiff, v. WILLIAM V AITKUNAS AlKJ A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ ~ 200--5. BY:~ f2- 6^-X) -I- ~ If you have any questions concerning this matter, please contact: ~~JjJ,-l~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **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 il' 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. ** .. .... PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 'i) '161-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG : CIVIL DIVISION CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH : CUMBERLAND COUNTY MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL : NO. 05-3522 CIVIL TERM ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 Plaintiff Vs. WILLIAM V AITKUNAS AlK/A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendants TO: LOUISA M. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: AUGUST~, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TC YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND AN] INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HA VI PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT ANI SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY A~ 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 Al A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TIOl)l- . .- 32 SOUTH BEDFORD STREET r , .......-" CARLISLE, P A 17013 (800)990-9108 '~1r / . . .. PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.1 'i) 'itli-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG : CIVIL DIVISION CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH : CUMBERLAND COUNTY MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL : NO. 05-3522 CIVIL TERM ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-Cm Plaintiff Vs. WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendants TO: WILLIAM V AlTKUNAS AfK/A WILLIAM A. V AlTKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: AUGUST ~r 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TC YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND AN'! INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVI PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT ANI SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY A~ ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEF AUL T 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 THI 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 LA WYER 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 WIn INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSO~ AT A REDUCED FEE OR NO FEE. r i .. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~ . 1ri~fss'~AN~l'~ Attorneys for Plaintiff t iCJ n ~ ~~' ,,~ c....::t 0 \ ':'G ~-::::;J 'I t!:- W'l CO D ; ~', 1 -.',) - ~. D I f G" :t N ~ -U ~~:-' -...... ...a p: j r; D \..'J (U 't: L.0 :n ~ (...ii .< - r +- --C. I. , , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 Plaintiff, No. 05-3522 CIVIL TERM v. WILLIAM V AITKUNAS AlKJ A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $84,975.97 ./ Interest from 8/30/05 to DECEMBER 7, 2005 (per diem -$13.97) $1,383.03 and Costs TOTAL $86,359.00 fr~.lJjJ~~ DANIEL G. SCHMIEG, E@'QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .0( ~~ o~ 7J'1 .o(~ ~ ~~ ~z Zz o~ ~~ O~ uz ~5 u ~~ ~~ 8; ~~ ~~ ~~ u Lt) M 0'\ L:;;';'::: ('-.I I 1.1_ o u-:> c:...'"\ t.~ c..... ~~ ~ ~~ ~~~~~ if]U~~UO<<U <><~z~~Za ~ ~ ~z ~< ~ Z~(f')~~O~OM Oif]gz~~<~if] ~~M~o~tZ~~ ~U~~~~~I'~<~ ~z"",,~U<~if] ~~g~~~~~e ~8~S~~~~~ ~~~~~~~~~ o::~~~~~<e: ~......~~~~~~~ ~~~~~~~U~~ Z~~~N[;Iil~ZU ~~ ~ I ~~~O~ ~~~~~<~~~ ~~~~U~~d~ ~~~U~Oif]O~ ....if]~ ~ if] ;~ ~ ~< ~ z ~ ~ .0( ~ < ~~ ~z ~~ ea ~S ril ~ ~. ~ ~~ .0( ~~ z~ ~S S ~ ~ ~ ~ ea ~ C .....!?J z o ~ ~ ~ u ~'E' ~ a ~.s o ~ ~~ ~~ ~~ ot:. ~ 0 ~; e: u ~ ~ ~ ,<J fb S ~ -s.~. ~~-:'J\f<\J ~ .~ *--.. tn-- - ~~ .;g ~ ~ G:lG:l r-r- G:lG:l t-r- ..-1..-1 .0(.0( ~ ~" "~ ~~ ~; ;~ ~~ ~~ ';;;lu u~ ~~ zZ ~~ ~~ ~~ ~~ 7J'17J'1 == ~~ ~~ 50 ~~ r-r- ..-1..-1 ~~ Vi ~ .Jd ~ ~ ~ {/l (l) .r:> ~ e (/l ~ g- o.. (l) ~ 1 ~ -I- 'J 3 J ~ '1 ~ a_2iJ \)'-- c..,. ~~ -.J -=n 1\ ~ g(::LrV c) \~ - .. . ... DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in me Borough of New Cumberland. County of CumberLand and Stare of Pennsylvania, more particularly bounded and described in accordance with survey of Ernest 1. Walker, Registered Professional Engineer. dated August 31, 1965, as followli. to wit; BEGINNING at a point on the: Northwestern line of 4th Street. which point is 100 feet mea.'lured Northeastwardly from Geary Avenue aoo which (lOim is at the line dividing Lolli Nos. 9 and. 10 on the hereinafter mem.ioned Plan of Lots. thence along said dividing line North 51 degrees 45 minute,; West 140 feet to the Southern line of 1st Avenue; thence along tru: same North 38 degrees 15 minutes Ea!o125 feet co a point on the line dhiJing Lots Nos. 8 and 9 on said Piau; thence along the same South 51 degrees 45 minutes East L40 feet to the Northwesterly line of 4th Street, thence a\{)ng lhe same Scu1.l1 38 degree<; L5 minutes West 25 feet to the point of beginning. BEING Lot No.9. Rlock "M" on th~ Plan of George W. Buuortl's Addition to New CumberLand as recorded i.11 the Cumhcrland County Recorder's Office in Deed Book "N". Volume 5, Page 500. HAVING thereon erected a two and one-half stor)' frame d welling known as and numbered 417 4th Street and a two slory fr..une building on (he Northwesterly [Xlrtion of t~ premises. BEING THE SAME premises which Bradfurd N. Retd alld Irene S. Reed. husband and wife b)' Deed dated t lit 31 1998 and recorded 1 J/17fl998 ill the County of Cumberllind in Record Book 1&9, Page 215 conyeyed unto William A. Vai(kuna..~ and Louis... M. Vaitkunas, hw;band and wife. in fee. Tax Parcel #25-25-0006.012 PREMISES BEING: 417 FOURTH STREET, NEW CUMBERLAND, P A 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3522 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due u.s. BANK, N.A. AS TRUSTEE UJNDER TE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,22003, AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MTG INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NA, C. BASS MTG LOAN ASSET-BACKED CERTIFICATED SERIES 2003-CB3 Plaintiff(s) From WILLIAM V AITKUNAS AfK/A WILLIAM A. V AITKUNAS AND LOUISA M. VAITKUNAS, 417 FOURTH ST., NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL EST A TE LOCATED AT 417 FOURTH ST., NEW CUMBERLAND PA 17070 (SEE LEGAL DESCRIPTON) . (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,975.97 L.L. $.50 Interest FRO 8/30/05 TO 12/7/05 @ $13.97 PER DEIM = $1,383.03 Atty's Comm % Due Pro thy $1.00 Atty Paid it 'j (It r n 4. ~ Other Costs Plaintiff Paid Date: SEPTEMBER 2, 2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 .. ,.... '2 u.s. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM Plaintiff, v. WILLIAM V AITKUNAS A/K/ A WILLIAM A. V AlTKUNAS LOUISA M. V AlTKUNAS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LI AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED SERIES 2003-CB3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 417 FOURTH STREET, NEW CUMBERLAND, PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 LOUISA M. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 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 propert to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN:SHERIFFSALES DEPT. 281230 HARRISBURG, PA 17128-1230 .- "'" 11 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) PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, P A 171 05-5530 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 it the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 417 FOURTH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 31. 2005 DATE V~J1)'~ DANIEL G. SCHMIE , SQUIRE Attorney for Plaintiff -------. ~----- ,.....::> 31 rf') ~, ...., ...; \ rv ...~~. -- ..J') " c"') ()\ - -..-..-- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED, SERIES 2003-CB3 Plaintiff, v. WILLIAM V AITKUNAS AIKI A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendant( s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, 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: o 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%~JjJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff n c___--. ~) 6 CJl (..2 o -n -\ OJ: "T1 f-np :-i~ i, . 1"':> c,,) u-~ () .'n -~~ ~ij ._- ~ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 Plaintiff, CUMBERLAND COUNTY No. 05-3522 CIVIL TERM v. WILLIAM V AITKUNAS A/KJ A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendant(s). August 30, 2005 TO: WILLIAM V AITKUNAS A/K/ A WILLIAM A. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 LOUISA M. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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. 417 FOURTH STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $84,975.97 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED, SERIES 2003-CB3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.RC.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: 1. 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 EVEl'i 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 ou1 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 ou 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 TillS 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . DESCRIPTION ALL THAT CERTAIN picce or parcel of land situate in Lhe Borougb of New Cumberland, County uf Cumbedand and State of Pennsylvania. more pa.rticularly bounded and Jescribed in aa;onlance with survey ofEmesl J. Walker, Registered Professional Engineer. dated August 31, 1965, as follows, to wit: HEGINNING at a point on the Northwestern line of 4th Street, which point is 100 feet mea.'lUced Northeastwardly from Geary ^ venue and which point is at the line dividing Lots Nos. 9 and lOon the he~inaftcJ menLioned Plan of Lots, thence along said dividing line North 51 degr~s 45 minutes West 140 feet to the Southern line of bt Avenue; thence along tire same North 38 degrees 15 lllinutes East 25 feet to a point on tb.e line dividing LOIS Nos. 8 and 9 un said Plan; thence along the same South 51 degrees 45 minutes East 140 feet 10 the Northwt::>Ie-r1y line of 4th Street, tbence along the same South 38 dcgrees 15 minutes West 25 feet to !he point of beginning. BEING Lot No.9, Block "M. on the Plan of George W. IMrorff's Addition to New Cumherland ll$ Jecorded in the Cumberland County Recorder's Office in Deed Book "N". Volume 5, Page 500. lIA VING thereon erected a two and one-half story frame dwelling known as and numbered 417 4m Strtct and a two story frame. building on (be Northwt:Sterly portion of the premises. BEING THE SAME premi$eS which Bradford N. Reed and Irene S. Reed, hustand and wife by Deed dated 1l/13/J998 and recorded 11/1711998 in me County of Cumberland in Record Book 189, Page 275 conveyed unto William A. Vaifkuna." and Louisa M.VaitJ...'ll1J3S, husband and wife, in fee. Ta~ Parccl/125-25-0006-0l2 PREMISES BEING: 417 FOURTH STREET, NEW CUMBERLAND, PA 17070 ("") c:; r-' c:::> cA (:') ~. : \ {'-.:J r) 11 ~ -:J~. ..,." ,",I c::' -"""1 \.~~. -:'\ ....'1'.'\ ~~'" ~~~;~, .-,-- f:'c . ) ~':.\ ",0 (.,'1 U'\ s.:-... ..,--f. .- ! ) R ~ C"" . ~ -, ^ - - .' c'or" ,c. L..:'~ ~_." ~ ~ _0.JIf'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET - BACKED CERTIFICATED, SERIES 2003 - CB3 CNIL DNISION NO. 05-3522 CNIL TERM Plaintiff v. WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendants ORDER AND NOW, this ~ day of ~ ,2005, upon consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, WILLIAM V AITKUNAS A/K/ A WILLIAM A. V AITKUNAS ,by mailing a true and correct copy ofthe Notice of Sale by certified mail and regular mail to 417 FOURTH STREET, NEW CUMBERLAND, PA 17070 and 1063 HURON DRIVE, APT, A, HARRISBURG, P A 17111. Service ofthe aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service. J. }J..!'<('::.''''' '.i:,'\:n8 90 :9 H',I S- DO SODZ ."." '".''''' f" 'j .." '1 JO ^O\t.L(.JI')UI L\)(;( ::ill ..... :::8\:!:!O-G31i.,j .... t PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 October 24, 2005 Office of the Prothonotary CUMBERLAND County Courthouse RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK v. WILLIAM V AITKUNAS AlKJA WILLIAM A. V AITKUNAS and LOUISA M. V AITKUNAS CUMBERLAND COUNTY NO. 05-3522 CIVIL TERM Dear Sir, Please file the enclosed affidavit( s) in reference to the above captioned matter. Thank you for your cooperation. Yours truly, bmC Sandra Cooper for PHELAN HALLINAN & SCHMIEG, LLP CC: Sheriffs Office of CUMBERLAND County , - .,.. PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF No.: 05-3522 CNIL TERM JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK VS. WILLIAM V AITKUNAS AIKJ A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to WILLIAM V AITKUNAS A/KJA WILLIAM A. V AITKUNAS and LOUISA M. V AITKUNAS on 10/21/05 at 417 FOURTH STREET, NEW CUMBERLAND, PA 17070, in accordance with the Order of Court dated 10/4/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. ~~ JjJ(~ DANIEL G. SCHMIEG, ESQ~ Date: October 24. 2005 r-_" .,~-\ "',', ,-.. '-",) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA u.s. BANK NATIONAL ASSOCIATION, AS ) CIVIL ACTION TRUSTEE UNDER THE POOLING AND ) SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK ) CIVIL DIVISION ) NO. 05-3522 CIVIL TERM vs. WILLIAM V AITKUNAS A/K/A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: 1, DANIEL G. SCHMIEG, ESQUIRE attorney for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC" LITTON LOAN SERVICING LP AND U.S. BANK hereby verify that on 8/31/05 true 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: November 2, 2005 DANIEL G. SCHMIEG, ES Attomey for Plaintiff -~ ~ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM Plaintiff, v. WILLIAM V AlTKUNAS AfKIA WILLIAM A. V AlTKUNAS LOUISA M. V AlTKUNAS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT. DATED AS OF JUNE 1.2003. AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC. MERRILL LYNCH MORTGAGE INVESTORS. INC.. LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION. C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED. SERIES 2003-CB3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 417 FOURTH STREET, NEW CUMBERLAND, PA 17070 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM V AITKUNAS AfKJA WILLIAM A. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 LomSA M. V AlTKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) P A DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 .. 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 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) TenantJOccupant 417 FOURTH STREET NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare 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. August 31. 2005 DATE ~~J1J~ DANIEL G. SCHMIE , SQUIRE Attorney for Plaintiff ';l. 0"'7. ..., 0." ..., - (flS;:S ",--, OJ' .... '" " ~ \j," ~~ - - - - '" '" -.l 0"0 - - ..., - 0 o.rI1~ vo .... '" 'i. ~ 0. 1:\ 14. '" \\" ",0 C> ~~ to '{I ;t. \\. ~ % .,. .. ~ "'......'i?'" ~~ @ n d 'Z ~~om >;t;~ ~ 0 % ",->",r ~-; ~ \\ d 'Z ~ .. p.~g "- ..m ~ .a-g. ~ <' 'Z ~ ~ ~ ;\. '" --l --l ~ ~ ~'cn~~ ~ ~? ;t,. - 0 ~ ",a '@.~ g ~ %.~ %~ trl ~ ",'r'- <.: V> "'glP,~ o~. ~~ ~ ~ ~ ~''It ~ . .... ~ 1. ~(I)~ . . .,j'i' ",:":" ~ ~~~~ ~ 'i'>;t; "~ ...... . ~ --l ~ ~ ... 80)"" ....0 .. ' i'\?1' ;l.c. y>trl " '" ~ ......00- ~ ... .,j ~2 ~"\ ':.:j ~ ~ 0 ~s...~'(fJ ~ ~ ....').p() ~~ ~ ><\ \ ~ "'l!.(fl~ 0 ~ ~ ~ f'" ~. 'trl ~s: " "'~ ~ ~ ~ ;t. .~~ :":,, ~ ';\ (flg 0 \ ~~ 'fl Ii - ~ n"" "r ...,0 ~ M ~ Q ,&><\ ~ 01 '(t . '" " n ~ ~.- r" . ;t,o W, ~ ~ ~ 9- ~ ~~ d ;:a 0 ~ 'r 11 :-'l ~ n 9 9, <.: 'Z ~ ~ i ~ n ~~ ~ ~ '!- ~f6 ~ $". ... % ::'-. ill .... .... '""n - 'Z --l '" ~ 0 ,,'(;', ~ 'Z 'a ~~ ~ 0 ~'rt~~1 ~ ~ sg'i\~ ~ >;t; ~ ;t, 't/)1~ g - '" ':::, 6'fJ, p.. ~ ~ ~Q 'Tl ~ ,-,,~.,~g ~ ~ ~ ~:::-:,,;;' '" "" p.. 'll,g'r,. o~ ~~~;% 'Z 'i' 0 ... - "" ~ _%.~g9., ~ .,j -l 0 ~%~~~ ~ '3 o:l ~"g"9." ~ 0 ~ ~ ~.~'% ~a ~ '" W, g,$i 9, ~l to ..., a,~~%p.. 0 ~ o_S~g .,j OJ' :-'l o. . 9 .-< " ~ 'C~:3 ~ ~ \ n '&ii/H l:O ~ ~ S'~ ';nrr. ~ '{!. a \~ ~ .... '" S" ~, a f.. ~ ~ \%.~~ "" ? " ~ \~l "" - -.l '" .~ 0 " 0 . 0 '5-d ~~ - - '-" ?~ (t -l ~ ~~ll3.. - g:r;a\ 0 000 .J> \~~~ - . ~~""" ~.~ Oil ",.;;P0S7~ . g ~ ,,"- $;-'" /I~ ~ e.\l? .,~fl~ @~~.".~' ;,,-q <;\ ~~. '. ~ $ ()'\ .S()G t~;.l _:1 ~o 02 ,~ ~\JGO' 'laoS g.~<sl 000 Ao()()'o 11 coOl'- ,<l' 00 >~ g-o .: ~,,\I..~O fltOtJI1.\'f' ~~-d~ ~ll- ~,'-g.'" ':3 <>0' ~ ~" C) (,--~ r--> ,:-~ S~ "'" <:::). --..: o -;, -'~ (.:) -n .-t ::C-n [11;-::: :;~{~!:; :~: :t.l ./f'---" :"-:'(-1'1- , ) :::-1 ~j .< r;.;1 f"o' N 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 Sheriffs Deed in which US Bank N A Trustee is the grantee the same having been sold to said grantee on the 7th day of December A.D., 2005, under and by virtue ofa writ Execution issued on the 2nd day of September, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 3522, at the suit ofU S Bank Trustee against William Vaitkunas aka William A & Louisa M is duly recorded in Deed Book No. 272, Page 4125. IN TESTIMONY WHEREOF, I have ~eunto set my hand an seal of said office this /9 day of ecorder of Deeds . CourlIy, CIItIIIt, M EXjlIrN tho fill MllndiiV a/ ...... <2 (1 I 0 U.S. Bank National Association et al VS William Vaitkunas a!k/a William A. Vaitkunas and Louisa M. Vaitkunas In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3522 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, a true and correct copy of the within action, to one ofthe within named defendants, to wit: William Vaitkunas a/k/a William A. Vaitkunas, to his last known address of26 Wyman Street, Lawrence, MA 01841. This letter was mailed under the date of October 11, 2005. The unopened letter was returned to the Sheriffs Office on November 09, 2005 with the reason marked "UNCLAIMED." David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 27,2005 at 12:45 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Louisa M. Vaitkunas, by making known unto Louisa Vaitkunas, personally, at 417 Fourth Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2005 at 1 :32 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 William Vaitkunas a!k/a William A. Vaitkunas and Louisa A. Vaitkunas located at 417 Fourth Street, New Cumberland, 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: Louisa M. Vaitkunas, by regular mail to her last known address of 417 Fourth Street, New Cumberland, PA 17070. This letter was mailed under the date of October 11,2005 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 December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel G. Schmieg for U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1,2003, among Credit-Based Asset Servicing and Securitization LLC, Merrill Lynch Mortgage Investors, Inc., Litton Loan Servicing LP and U.S. Bank National Association, C-Bass Mortgage Loan Asset-Backed Certificates, Series, 2003, CB3. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1,2003, among Credit-Based Asset Servicing and Securitization LLC, Merrill Lynch Mortgage Investors, Inc., Litton Loan Servicing LP and U.S. Bank National Association, C-Bass Mortgage Loan Asset-Backed Certificates, Series, 2003, CB30f 4828 Loop Central Drive, Houston, TX 77081-2226, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,159.76. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 22.74 15.00 15.00 30.00 10.00 .50 1.00 32.64 11.02 15.00 30.00 1.11 473.00 386.36 20.89 25.00 40.50 $1,159.76 Sworn and subscribed to before me This _~..':L_'tay of Q _. .. } 2006, A.D. Prothonotary So Answers: ~~:-<:/~~ R. Thomas Kline, Sheriff BY \)~~ Real Estate Sergeant v'-- ~ ,L'~ 30. ~v 5'"1 \.' :Je.. ') J .Y ,J ,f13.l(p! [,tw U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1,2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3522 CIVIL TERM Plaintiff, v. WILLIAM V AITKUNAS A/KJA WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1.2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC. MERRILL LYNCH MORTGAGE INVESTORS, INC" LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED. SERIES 2003-CB3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 417 FOURTH STREET. NEW CUMBERLAND, P A 17070 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM V AITKUNAS AfK!A WILLIAM A. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 LOUISA M. V AITKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) P A DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN:SHERIFFSALES DEPT. 281230 HARRISBURG, PA 17128-1230 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) PENNSYL VANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 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 417 FOURTH STREET NEW CUMBERLAND, PA 17070 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 31. 2005 DATE W~JtJ~ DANIEL G. SCHMIE , SQUIRE Attorney for Plaintiff , , U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE I, 2003, AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATED, SERIES 2003-CB3 Plaintiff, CUMBERLAND COUNTY No. 05-3522 CIVIL TERM v. WILLIAM V AITKUNAS AlK/A WILLIAM A. V AITKUNAS LOUISA M. V AITKUNAS Defendant(s). August 30, 2005 TO: WILLIAM V AlTKUNAS AlK/A WILLIAM A. V AlTKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 LOUISA M. V AlTKUNAS 417 FOURTH STREET NEW CUMBERLAND, P A 17070 **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, 417 FOURTH STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,975.97 obtained by u.s. BANK NATIONAL ASSOCIATION. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT. DATED AS OF JUNE 1.2003. AMONG CREDIT - BASED ASSET SERVICING AND SECURITIZATION LLC. MERRILL LYNCH MORTGAGE INVESTORS. INC.. LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION. C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATED. SERIES 2003-CB3 (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: 1. 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. I. If the Sheriffs 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 ifthis 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 TillS 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r------- DESCRIPTION ALL THAT CERTAIN picce or parcel of land situate in Ihe llorougb of New Cumberland. County of Cumberland and Slate nf PennsylV3Ilia, more particularly bounded and "=ribed in accordance \Viii, survey of Ernest J. Walker, Registered Professional EngilJeer. dated August 3t. ]%5, a, follows, to wit; BEGINNING at a point on the Northwestern line of 4th Street. which point is 100 feet measured Northeastwardly frum Geary Avenue and which point is at the line dividing Lots Nos. 9 and 10 on the hereinafter mentioned Plan of Lots, thence along said dividing line Nnrth 51 degn:e, 45 minute' West 140 leet to the Southern line of 1st Avenue; thence along the same North 38 degrees 15 "tinules Ea.;1 25 feet to a poim on tbe line dhiding Lots Nos. 8 and 9 on said Plan; thence along Ule same South 5t degrees 45 minutes East 140 feet to lhe Northwc>;terly lille of 4th Street. thence along 1110 same South 38 degrees 15 minutes West 25 feet to the point of bc&inning. BEING Lut No.9. Rlock "M' un the Plan of George W. Bunorff's Addition to New Cumberland as r""orded in Ule Cumberland County Recorder's Office in Deed Book "N'. Vulume 5, Page 500. IIA VINGthereon erected a two and one-half story frame dwelling knuwn as and numbered 417 4th Streel and a two sto!')' ft-.une building on the NorthwcsLerly portion of lhe premises. BEING THE S,\ME premises whicl1llradfunl N. Reed and Irene S. Reed, husband and wife by Deed dated 1111311998 and recorded 11/1711998 iu the Counly of Cumberland in Record !look 189, Page 215 conveyed unm William A. Vaitkuna< and l.lluisa M. Vaitk'Un3S, husband and wife. in fee. Tax Parcel #25-25-0006-012 PREMISES BEING: 417 FOURTH STREET, NEW CUMBERLAND, P A 17070 , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3522 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.s. BANK, N.A. AS TRUSTEE UJNDER TE POOLING AND SERVICING AGREEMENT, DATED AS OF JUNE 1, 22003, AMONG CREDlT- BASED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MTG INVESTORS, INC., LITTON LOAN SERVICING LP AND U.s. BANK NA, C. BASS MTG LOAN ASSET-BACKED CERTIFICATED SERIES 2003-CB3 Plaintiff(s) From WILLIAM V AITKUNAS A/K/A WILLIAM A. V AITKUNAS AND LOUISA M. V AITKUNAS, 417 FOURTH ST., NEW CUMBERLAND P A 17070. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 417 FOURTH ST., NEW CUMBERLAND PA 17070 (SEE LEGAL DESCRIPTON) . (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 gamishee(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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,975.97 L.L. $.50 Interest FRO 8/30/05 TO 12/7/05 @ $13.97 PER DEIM = $1,383.03 Atty's Comrn % Due Prothy $1.00 Atty Paid $13-1.60 Other Costs Plaintiff Paid Date: SEPTEMBER 2, 2005 ~ CURT Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFK BLVD., STE.1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 e CVi) r::;:nJ ~ (57' trU'.! Real Estate Sale #49 On September 09,2005 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A cs- o Known and numbered as 417 Fourth Street, Q New Cumberland, more fully described on Exhibit "A" c- I filed with this writ and by this reference incorporated herein. ,~ c:::o ~ Date: September 09,2005 By: J6ciy ,~t~ Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 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: October 14, 21, 28, 2005 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. ( Lis o AND SUBSCRIB before me this 28 day of October. 2005 ~~~,~. ttR11L~/~~ l i\i ,I:., .:>t".l'''_ ~ t .' "\II.,~ ,.: c",j.,;y;jr.:n f,i"t" 'd 0..1,1- [ t .,';'" L. ";'" ,.cj'~, ,~,t..-J',!, ,Ie,,'.. \ \1 CarH)(: (}y~, (.(i:nt.);:~:;J(\d (>:HJ!'~V , .i :.. '." d~;;<':';<H, E~(\'!" _':,;':,.:C:,". '.'"',:'_\,.~~,., :.:;_h.'.~:~J ;."....-_.".~~,.-. _.." .. -,- . .- REAL ESTATE SALE NO. 49 Writ No. 05~3522 Civil D.S National Association, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1, 2003. Among Credit- Based Asset Servicing and Securitization LLC. Merrill Lynch Mortgage Investors, Inc., Litton Loan Serv1cing LP and U.S. Bank National AssociaUon, C-Bass Mortgage Loan Asset-Backed CertifJcates. Series 2003-CB3 vs. William Vaitkunas A/K/ A William A. Va1tkunas & Louisa M. Vaitkunas Atty.: Daniel Schmieg DESCRIPTION AI..I.. THAT CERTAIN pIece or parcel of land situate in the Bor- ough of New Cumberland, County of Cumberland and State of Penn- sylvania, more particularly bounded and described in accordance with survey of Ernest J. Walker, Regis- tered Professional Engineer, dated August 31. 1965, as foHows, to wit: BEGINNING at a pOint on the Northwestern Hne of 4th Street, which point is 100 feet measured Northeastwardly from Geary Avenue and which point is at. the line divid- ing Lots Nos. 9 and 10 on the here- inafter mentioned Plan of Lots, thence along said dividing line North 51 degrees 45 minutes West 140 feet to the Southern line of 1st Av- enue~ thence along the same North 38 degrees 15 minutes East 25 feet to a point on the line dividing Lots Nos. 8 and 9 on said Plan; thence along the same South 51 degrees 45 minutes East 140 feet to the Northwesterly line of 4th Street, thence along the same South 38 degrees 15 minutes West 25 feet to the point of beginning. BEING Lot No.9, Block "M" on the Plan of George W. Buttorffs Addition to New Cumberland as re- corded in the Cumberland County Recorder's Office in Deed Book "N". Volume 5, Page 500. HAVING thereon erected a two and one-half story frame dwelling known as and numbered 417 4th Street and a two story frame build- ing on the Northwesterly portion of the premises. BEING THE SAME premises which Bradford N. Reed and Irene S. Read, husband and wife by Deed dated 11/13/1998 and recorded 11(17/1998 tn the County of Cum- berland in Record Book ] 89, Page 275 conveyed unto William A. Vait- kunas and L<:luisa M. Vaitkunas, husband and wife. in fee. Tax Parcel #25-25-0006-012. PREMISES BEING: 4 I 7 FOURTH STREET. NEW CUMBERI..AND. PA 17070. . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin; 55 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. 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 oftbe 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 ed~~~~~;b~120()5A.D. , NO TARIAl SEAl. Terry l. Rusc;ell. Notary Public City f Harrisburg. Dauphin County My C mmls . n Expires June 6. 2006 NARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALE No. 48 Wrlt No. 05-3522 Civil Tenn U.S. NatIonal Association. as l\'Ustee Under the Pooling and Servicing Agreement, ~ as of Juna 1,2003, Among Credit- Baaed Asa8l SlWlctng and Securlllzallon LLC, MenlII Lynch Mort_lnvestors,lnc.;Lmon Loan ServIcing LP and U.s. Bank NalIonal_laIIon, C-Baas Mortgage Loan Asset-Backed Certificates, Series 2003-CB3 Va William Valtkunas aJ/da William A. Vallkunas " Louisa M. Valtkunas Atty: Daniel SchmIeg DESCRIPTION ALL mAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, ~..C . llo<lllldlloile"~ _~__describodiD __ ... .,..r .. - I. WIlm. a,,-p,.' ,. '~-,,- 31.1~..._towit: JBGINNING at. a point on the Notdtwatem tine of. 4th Street, ~ch point is 100 feet _ Northeaslwar<lly from Geary Avenue and which point is at the line dividing I..ott Nos. 9 and lOon !he hereinafter mentioned Plan of lois; thence along said dividiftg line North 51 degrees 45 minutes W~t 140 feet to !be Southern line of 1st Avenue: thence -along the same North 38 degrees 15 mmutesEast 25 feet to a paint on (he line dividing Lots ~os. 8 and 9 on said Plan; thence along the same South 51 degrees 45 minutes East 140 feel tD the Northwesterly line of 4th Street; tbew::e along the same Sooth 38 degrees 15 minutes West 25 feet to the point of BEGINNING. BEING Lot No.9. Block "M" on the Pian of ~ W. Bunorff's Addition to New Cumberland as recordedm. the Cumberland County Recorder's Office in Deed Book "N", Volume 5. Page 500. HAVlliG thereon erected a two and one-half slDry frame dwelling known as and nwnbered 417 4th Stteet and a two Slot)' frame building on m..e Northwesterly portion of the premises. BEING TIlE SAME")>remises whiell Bnldforo N. Reed and Irene S. Reed, husband and wife, by Deed dated 111ll11m >nil monled 1111711998 intheCountyofCumberland.inRecordBook.lS9. Page 275 conveyed unto WilJiamA Vailkunas and Louisa M. Vaitkunas. husband and wife, in fee. TAX PARCEL#25-25-UXlM)12. PREMlSES BEING: 411 Foorth Street. New Cumberland, PA 17070.