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HomeMy WebLinkAbout09-0505Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 196339 COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CARL E. KOSER VERA D. KOSER 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - ,S'D,S- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 196339 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 196339 1. Plaintiff is COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CARL E. KOSER VERA D. KOSER 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/18/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 2000, Page 4050. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 196339 6. The following amounts are due on the mortgage: Principal Balance $137,021.04 Interest $5,471.97 07/01/2008 through 01/29/2009 (Per Diem $25.69) Attorney's Fees $1,300.00 Cumulative Late Charges $230.60 07/18/2007 to 01/29/2009 Cost of Suit and Title Search 750.00 Subtotal $144,773.61 Escrow Credit $0.00 Deficit $51.00 Subtotal 51.00 TOTAL $144,824.61 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s),in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The mortgage premises are vacant and abandoned. File #: 196339 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $144,824.61, together with interest from 01/29/2009 at the rate of $25.69 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. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire 'Irancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 196339 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made Jun 12, 1976, by Stephen G. Fisher, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Eastern line of Sterretts Gap Avenue, which point is one hundred twenty (120) feet South of the Southern corner of the intersection of StmTetts Gap Avenue and Chester Street, said point being at a corner of land now or formerly of Clyod P. Hoffman; thence along the same and passing through Lot No. 33 on the hereinafter mentioned Plan of Lots, South eighty seven (87) degrees forty five (45) minutes East one hundred fifty (150) fee to a point on line of land now or formerly of Thomas Roginski; thence along said Roginski land and land now or formerly of Veteran's Administration, South two (2) degrees fifteen (15) minutes West eighty (80) feet to a point on the line dividing Lots Nos. 34 and 35 on said Plan; thence along said dividing line and land now or formerly of Richard L. Hook, North eighty seven (87) degrees forty five (45) minutes West one hundred fifty (150) feet to a nail on the Eastern line of Sterretts Gap Avenue' • thence along same, North two (2) degrees fifteen (1 minutes East eighty (80) feet to the (15) ghty ( ) point and place of BEGINNING. BEING the Southern thirty (30) feet to Lot No. 33 and all of Lot No. 34 on Plan No. 4 of Schlusser Village, said Plan recorded in Plan Book 7, Page 39, Cumberland County Records. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. PROPERTY BEING; 1921 STERRETTS GAP AVENUE PARCEL# 29-16-1094-255 File M 196339 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: 1 L Attorney for Plaintiff File #: 196339 `J r--a ? } ' ? rr l SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00505 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS KOSER CARL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KOSER CARL E but was unable to locate Him in his bailiwick. He therefore returns the OnMDT.T TTTM _ UnDM Vn= NOT FOUND , as to the within named DEFENDANT KOSER CARL E 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013 HOUSE IS VACANT; PER POST OFFICE MOVED TO 1232 SHEAFFERS VALLEY ROAD, LANDISBURG, PA 17040 Sheriff's Costs: So answers: Docketing 18.00 Service 4.50 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 37.50 PHELAN HALLINAN & SCHMIEG 02/27/2009 Sworn and Subscribed to before me this day of , A. D. S SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00505 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS KOSER CARL E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KOSER VERA D but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , KOSER VERA D 1921 STERRETTS GAP AVENUE NOT FOUND , as to CARLISLE. PA 17013 HOUSE IS VACANT; PER POST OFFICE, MOVED TO 1232 SHEAFFERS VALLEY ROAD, LAIDISBURG, PA 17040 Sheriff's Costs: So answer - Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 21.00 PHELAN HALLINAN & SCHMIEG 02/27/2009 Sworn and Subscribed to before me this day of , A.D. -1:4 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. CARL E. KOSER VERA D. KOSER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-505-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff <31 Q- By' Francis S. Hallinan, Esquire Date: 3/4/09 PHS #: 196339 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-505-CIVIL CUMBERLAND COUNTY CARL E. KOSER VERA D. KOSER Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: CARL E. KOSER 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 VERA D. KOSER 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: acww Francis S. Hallinan, Esquire Date: 3/4/09 VERIFICATION Lancia Herzog hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS SERVICING, LP, servicing agent for Plaintiff, COUNTRYWIDE HOME LOANS SERVICING, LP, 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 his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsAcation to authorities. / ? 6 /&1 r e DATE: ? : Company: COUNTRYWIDE HOME LOANS SERVICING, LP File #: 196339 C-7 C= ° 0 -s1 - F Ti `D ? r R? cr, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215_561-7p00 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. CARL E. KOSER VERA D. KOSER Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 09-505-CIVIL Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P IN S IEG, LLP By. Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: March 6, 9009 Ijcs, Svc Dept. File# 196339 W w fir. Sheriffs Office of Cumberland County R Thomas Kline 0,1W III ..1wbtr ? Sheriff ^••? .• ??•=?•rr a0 Solicitor C'Y Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Carl E. Koser, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Vera D. Koser, but was unable to locate him in his bailiwick He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/16/2009 Perry County Return- Alan D. Houck, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2009 at 1057 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carl E. Koser, by making known unto Vera D. Koser, defendants wife at his place of residence in Southwest Madison Township 1232 Sheaffers Valley Road, Perry County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. 03/1612009 Perry County Return- Alan D. Houck, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2009 at 1057 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Vera D. Koser, by making known unto her personally, at her place of residence in Southwest Madison Township 1232 Sheaffers Valley Road, Perry County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 (PAID) March 19, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-505 CC=RYWIDE HOME LOANS VS CARL E. KOSER 3 E ? ° ' ' r ? s 7r s ? ? r-- ?? In The Court of Common Pleas of Cumberland County, Pennsylvania Countrywide Home Loans Servicing, LP Vs. Carl E. Koser 1323 Sheaffers Valley Road Landisburg, PA 17040 Civil No. 2009-505 Now, March 12, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Affidavit of Service Now, , 20 , at O'clock M, served the within upon at by handing to a and made known to Sworn and subscribed before me this day of ,20_ copy of the original, So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA In,The Court of Common Pleas of Cumberland County, Pennsylvania Countrywide Home Loans Servicing, LP vs. Vera D. Koser 1323 Sheaffers Valley Road Landisburg, PA 17040 Civil No. 2009-505 Now, March 12, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sworn and subscribed before me this day of ,20_ 20 , at O'clock M, served the copy of the original. Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT the contents thereof. County, PA 0 ? Q c3 8 ! 8vw bool `i ' ? ;z. IN THE COURT OF COMMON PLEAS OF Countrywide Home Loans THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus > Carl E. Koser Vera D. Koser No. 09-505 Civil Cumber/AAJ Co' SHERIFF'S RETURN And now March 16 , 2009: Served the within name Carl E. Koser the defendant(s) named herin, personally at his place of residence in Southwest Madison Twp-1232 Sheaffers Valley Road Perry County, PA, on March 16, 2009 at 10:57 o'clock AM by handing to Vera D. Koser, defendant's wife 2 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this-/* day of IMACA -- , Prothonotary D pu oo*-i r Click : u Bloomfield Suo., Pe". Co,, PA, My Commission Expires Jan. 3, 2012 So answers Alan D. Houa -- Badge #8-4 Deputy Sheriff of Perry County Countrywide Home Loans IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus > Carl E. Koser Vera D. Koser No. 09-505 Civil Cumber/And Ce, SHERIFF'S RETURN And now March 16 , 2009: Served the within name Vera D. Koser the defendant(s) named herin, personally at her place of residence in Southwest Madison Twp- 1232 Sheaffers Valley Road Perry County, PA, on March 16, 2009 at 10:57 o'clock AM by handing to Vera D. Koser, defendant 2 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this7yj , So answers Alan D. Houck day of ' -? Badge #8-4 44 1 thonotary Dep ty Sheriff of Perry County Deputy p riot" Clerk courts Bloornfiold 86ro., Perry Co., PA My Commission Expires Jan. 3, 2012 I/ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 f Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP VS. CARL E. KOSER VERA D. KOSER 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-505-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CARL E. KOSER, and VERA D. KOSER, 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 Plaintiff's damages as follows: As set forth in Complaint $144,824.61 Interest - 01/30/2009 to 05/01/2009 $2,363.48 TOTAL $147,188.09 I hereby certify that (1) the addresses of the Defendant(s) are as s above, and (2) that notice has been given in accordance with Rule 237. 1, copy h Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:/ PHS # 196339 PROTHO OTARY PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COUNTRYWIDE HOME LOANS SERVICING, LP v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-505-CIVIL CARL E. KOSER VERA D. KOSER Defendant(s) TO: VERA D. KOSER 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 DATE OF NOTICE: April 16, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 d County Bar Association South Bedford Street arlisle, PA 17013 (717) 249-3166 PHS # 196339 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COUNTRYWIDE HOME LOANS SERVICING, LP v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-505-CIVIL CARL E. KOSER VERA D. KOSER Defendant(s) TO: CARL E. KOSER 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 DATE OF NOTICE: April 16, 2009 , CUMBERLAND C0711 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle,.PA 17013 (717) 240-6195 Cumberland County Bar Association South Bedford Street Carlisle, PA 17013 (717) 249-3166 PHS # 196339 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP VS. CARL E. KOSER VERA D. KOSER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-505-CIVIL I / r A.,- )vi c/v-51'?dC, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CARL E. KOSER is over 18 years of age and resides at 1232 SHEAFFERS VALLEY ROAD, LANDISBURG, PA 17040. (c) that defendant VERA D. KOSER is over 18 years of age and resides at 1232 SHEAFFERS VALLEY ROAD, LANDISBURG, PA 17040. This statement is made subject to the penalties of 18 P S. ection 4904 relating to unsworn falsification to authorities. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff VID aNIN-} } va urn )tj- d? )m jdjjj? ON fildV (Rule of Civil Procedure No. 236) - Revised COUNTRYWIDE HOME LOANS CUMBERLAND COUNTY SERVICING, LP COURT OF COMMON PLEAS VS. CARL E. KOSER CIVIL DIVISION VERA D. KOSER 1921 STERRETTS GAP AVENUE No. 09-505-CIVIL CARLISLE, PA 17013-1061 Notice is given that a Judgment in the above captioned matter has been entered against you on 516 f i By: If you have any questions concerning this e Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 COUNTRYWIDE HOME LOANS SERVICING, LP V. CARL E. KOSER VERA D. KOSER #196339 ATTORNEY FOR PLAINTTIF'F CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-505-CIVIL ;PRAECIPE TO MARK JUDGM?NT TO USE PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP. DANIEL SCH G, ESQUIRE Attorney for Plaintiff Date: MAY 18, 2009 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff - TI 'll (')Tr PY F THE E 21CI hA T 21 A1.a 11: Li 48.0o Po ATTY ck"F80?ai 49 V4 o?a5441 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, V. No. 09-505-CIVIL CARL E. KOSER VERA D. KOSER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $147,188.09 Interest from 5/2/2009-9/2/2009 $3,041.72 and Costs (per diem -$24.53) TOTAL $150,229.81 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 196339 r it d 4v' _ Q. ppp O _ 8 ?j1 0800000 p V) O O O V1 ((? O o'l LL. N Oz z 0 d az a ww w rA via O Vz wiz xxw w? EAU > WA wo OOa of ?z owe U? Pk C w oo z? a `'? U Od0 V 80 w ua ?0. 40. w? 0 0 A¢ o ? of ? O a ? a 1?1 a ° a w a a .? CIO w ? w ? M ? 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 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, V. CARL E. KOSER VERA D. KOSER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-505-CIVIL 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: ( ) an FHA mortgage ( ) . non-owner occupied (X vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SCIT1 I EG, ESQUIRE Attorney for Plaintiff 1,>4 H -Er) OF THE- ! i t I f 299 Fi4!" 2 1% BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, v. CARL E. KOSER VERA D. KOSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-505-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 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,1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) CARL E. KOSER 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 VERA D. KOSER 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 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 None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 falfs erein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsif thorities. May 18, 2009 ---- DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ALED- r)i-FIIC c TP? 20G9 tIPI 2 ! Ali ` 1 { : 4 r } BAC HOME LOANS SERVICING, LP F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff, No. 09-505-CIVIL V. CARL E. KOSER VERA D. KOSER . Defendant(s). May 18, 2009 TO: CARL E. KOSER 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 VERA D. KOSER 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013- 1061, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $147,188.09 obtained by BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 56000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Sheriffs 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made June 12, 1976, by Stephen G. Fisher, Registered Surveyor, as follows. To wit: BEGINNING at a point on the Eastern line of Sterretts Gap Avenue, which point is one hundred twenty (120) feet South of the Southeastern corner of the intersection of Sterretts Gap Avenue and Chester Street, said point being at a corner of land now or formerly of Clyod P. Hoffman; thence along the same and passing through Lot No. 33 on the hereinafter mentioned Plan of Lots, South eighty seven (87) degrees forty five (45) minutes East one hundred fifty (150) feet to a point on line of land now or formerly of Thomas Roginski; thence along said Roginski land and land now or formerly of Veteran's Administration, South two (2) degrees fifteen (15) minutes West eighty (80) feet to a point on the line dividing Lots Nos. 34 and 35 on said plan; thence along said dividing line and land now or formerly Richard L.. Hook, North eighty seven (87) degrees forty five (45) minutes West one hundred fifty (150) feet to a nail on the Eastern line of Sterretts Gap Avenue; thence along same, North two (2) degrees fifteen (15) minutes East eighty (80)tfeet to the point and place of BRGINNING. It BEING the Southern thirty (30) feet to Lot NO. 33 and all of Lot No. 34 on Plan No. 4 of Schlusser Village, said Plan recorded in Plan Bool 7. Page 39, Cumberland County Records. HAVING THEREON ERECTED A ONE STORY FRAME DWELLING KNOWN AS 1921 Sterrette Gap Avenue, Carlisle, Pennsylvania Vested by Special Warranty Deed, dated 05/06/2003, given by Carl E. Koser and Vera D. Koser, husband &wife, to Carl E. Koser and Vera D. Koser, husband & wife, and recorded 5/15/2003 in Book 257 Page 271 PREMISES BEING: 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 PARCEL NO. 29-16-1094-255 I SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-505-CIVIL BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. CARL E. KOSER and VERA D. KOSER owners of property situate in the NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 Parcel No. 29-16-1094-255 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-505 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From CARLE. KOSER and VERA D. KOSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is 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 $147,188.09 L.L. $.50 Interest from 5/02/09 - 9/02/09 (per diem - $24.53) -- $3,041.72 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $248.50 Other Costs Plaintiff Paid Date: 5/21/09 Curtis R. (Seal) By: g, Protho otary Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Sheriff s Office of Cumberland County R Thomas Kline Sheriff ~ ,~4titast4~ Qt l`:'~r~at~~t,~~~~~ Ronny R Anderson Chief Deputy ~~,- ~ ,' ~~' a 'k' Jody SSmith Civil Process Sergeant ~r~'c~ ~'~ T~'r °''°~~~~ Edward L Schorpp Solicitor ~IL~-~;rr ~"E ~~~~ S~P `~ ~~ ~ ~ ~ ~ ~., ~`~~~:.r:..r~'d'dUt ~ ~..'..Jlt t ~iiJY~yt1! `~ti4 BAC Home Loans Servicing, L.P. vs. Carl E. Koser Case Number 2009-505 SHERIFF'S RETURN OF SERVICE 06/20/2009 08:17 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 0814 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carl E. Koser and Vera D. Koser, located at, 1921 Steretts Gap Avenue, Carlisle Cumberland County Pennsylvania, according to -aw. 07/06/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants to wit: Carl E. Koser and Vera D. Koser, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return and now, 23rd day of June, 2009, served the within Real Estate Writ, Notice of Sale and Description upon Carl E. Koser, the defendant, by making known unto Vera D. Koser, Wife, at 1232 Sheafffer's Valley Road, Landisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Derek Bates, Deputy Sheriff of Perry County, Pennsylvania. Perry County Return and now, 23rd day of June, 2009, served the within Real Estate Writ, Notice of Sale and Description upon Vera D. Koser, the defendant, by making known unto Vera D. Koser, personally, at 1232 Sheafffer's Valley Road, Landisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Derek Bates, Deputy Sheriff of Perry County, Pennsylvania. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Schmieg 09/02/2009 Property sale cancelled on 9/2/2009 SHERIFF COST: $697.04 ~/ ~4~ ~I'y September 03, 2009 SO ANSWERS, ~~ R THOMAS KLINE, SHERIFF ~ ~ AO C e y , SO ~C, ~,~ ~,~3 C BAC HOME LOANS SERVICING, LP F/K/A COUNTRY'WID)J HOME LOANS SERVICING, LP Plaintiff, v. CARL E. KOSER VERA D. KOSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-505-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 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 ,1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 . 1. Name and address of Owner(s) or reputed Owner(s): Name CARL E. KOSER VERA D. KOSER Address (if address cannot be reasonably ascertained, please indicate) 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) `` ~. Name and address of every other person who has any record lien on the property: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 s herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsif ation t thorities. May 18, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, v. CARL E. KOSER VERA D. KOSER . Defendant(s). CUMBERLAND COUNTY No.09-505-CIVIL May 18, 2009 TO: CARL E. KOSER 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 VERA D. KOSER 1232 SHEAFFERS VALLEY ROAD LANDISBURG, PA 17040-9031 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BEMUSED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at ,1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013- 1061, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $147,188.09 obtained by BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made June 12, 1976, by Stephen G. Fisher, Registered Surveyor, as follows. To wit: BEGINNING at a point on the Eastern line of Sterretts Gap Avenue, which point is one hundred twenty (120) feet South of the Southeastern corner of the intersection of Sterretts Gap Avenue and Chester Street, said point being at a corner of land now or formerly of Clyod P. Hoffman; thence along the same and passing through Lot No. 33 on the hereinafter mentioned Plan of Lots, South eighty seven (87) degrees forty five (45) minutes East one hundred fifty (150) feet to a point on line of land now or formerly of Thomas Roginski; thence along said Roginski land and land now or formerly of Veteran's Administration, South two (2) degrees fifteen (15) minutes West eighty (80) feet to a point on the line dividing Lots Nos. 34 and 35 on said plan; thence along said dividing line and land now or formerly Richard L. Hook, North eighty seven (87) degrees forty five (45) minutes West one hundred fifty (150) feet to a nail on the Eastern line of Sterretts Gap Avenue; thence along same, North two (2) degrees fifteen (15) minutes East eighty (80) `feet to the point and place of BRGINNING. 41 BEING the Southern thirty (30) feet to Lot N0.33 and all of Lot No. 34 on Plan No. 4 of Schlusser Village, said Plan recorded in Plan Bool 7. Page 39, Cumberland County Records. HAVING THEREON ERECTED A ONE STORY FRAME DWELLING KNOWN AS 1921 Sterrette Gap Avenue, Carlisle, Pennsylvania Vested by Special Warranty Deed, dated 05/06/2003, given by Carl E. Koser and Vera D. Koser, husband &wife, to Carl E. Koser and Vera D. Koser, husband & wife, and recorded 5/15/2003 in Book 257 Page 271 '7 1'R.EMISES BEING: 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 PARCEL NO. 29-16-1094-255 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-505-CIVIL BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. CARL E. KOSER and VERA D. KOSER owners of property situate in the NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 Parcel No. 29-16-1094-255 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-505 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From CARLE . KOSER and VERA D. KOSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is 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 $147,188.09 L.L. $.50 Interest from 5/02/09 - 9/02/09 (per diem - $24.53) -- $3,041.72 and Costs Atty's Comm Atty Paid $248.50 Plaintiff Paid Date: 5/21/09 Due Prothy $2.00 Other Costs Curtis ng, Proth otary (Seal) By: Deputy REQUESTING PARTY: Name: DAhiIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as, 1921 Sterretts Gap Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Real Estate Coordinator ;~ `~ ` , -,, ~t ~ t_ ~~ .. ~ ~ ~ . ~~ r r ~+ 1f' -~~~--..., 5~i~ „ A 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: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 51 Writ No. 2009-505 Civil BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. mss. Carl E. Koser Vera D. Koser Atty.: Daniel Schmieg SHORT DESCRIPTION Owners of property situate in the NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 1921 STERRETTS GAP AV- ENUE, CARLISLE, PA 17013-1061. Parcel No. 29-16-1094-255. Improvements thereon: RESIDEN- TIAL DWELLING. Coyne, SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 I Notary NOTARIAL S DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot•News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the dates} shown below: - Sale No. 51 Wrlt No. 2009-505 Clvll Term BAC Home Loans Servlcing, L.P. F/K/A Countrywide Home Loans Servlcing, L.P. vs. Carl E. Koser Vera D. Koser Atty: Dantel Schmleg SNORT DESCRIPTION By virtue of a Writ of Execution No. 09-505- CIVIL BAC HOME LOANS SERVICING, LP F/IUA COUNTRYWIDE HOME LOANS SERVICING, LP vs. CARL E. KOSER and VERA D. KOSER owners of property situate is the NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, .being (Municipality) 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 Parcel No. 29-16- 1094-255 (Acreage of street address) Improvements thereon: RESIDENTIAL DWELLING 07/24/09 07131 /09 ~-- ~ ~ 08/07/09 ~~ t Sworn ~ a~ bscribed before me fhis~4 ~'y of August, 2009 A.D. /- Notary Public CC7MMC7NW~AL-rF9 t)~ F~ENNSYI.VANIA Notarial Seal Sherrie t... Kiffirter, Notary Public City Ot' Harrisburg, Dauphin County ivly Commission Expires Nov. 26, 2011 Member, Pennsylvania Rssoclation of Notaries AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PHS # 196339 DEFENDANT CARL E. KOSER VERA D. KOSER SERVE CARL E. KOSER AT: 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 SERVICE TEAM/_iin COURT NO.: 09-505-CIVIL TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 06/02/2010 SERVED Served and made known to l./tlcL F' . ~csSER ,Defendant on the 3~ day of ~(~R~kR-~, 20~_, at 5152, o'clock ~ M., at -~ s l.t. Ro , in the manner described below: ~/Defendantpersonallyserved. Nalsgualf„p Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 515 s Height 5 +7 , Weight ~ 5 O Race W Sex /~1 Other I, /~C(!N/~-W ~(D Cam- , 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~ J_,,,_ Sworn to and subscribed gs,I;RLY CUR"' R1ti.: before me this 3Rd day N,~plty PUI3t.tC of ~> 20Q~ . A R OF ~;~£\u i~RSEY OPi 6~'tRES MA.~2CH ?, 2013 Not By: NOT SERVED On the , 200_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed ~ o o fore me this day ~ f ~ y, B a STl r~ ~ Notary: ATTORNEY FOR PLAINTIFF ~ t.__ ~ ~ ('~` Lawrence T. Phelan, Esq., Id. No. 32227 _ r°"~ ~~- ~ fl1 Q Fra~is S. HaWnan, Esq., Id. No. 62695 ~ =[J ~ Daniel G. Schmieg, Esq., Id. No. 62205 ~ ~: ~ ( ,, 1 . Michele M. Btadfotd, Esq., Id. No. 69849 .'_~l ( - J ~ R Judith T. Romano, Esq., Id. No. 58745 -:_~, ,~ . Ada Sheetal R Shah-Jani, Esq., Id. No. 81760 ~«=- =-- 4 Jrni~x: R. Davey, Esq., Id. No. 87077 L R T b E Id N 93337 "'' A Q ~~- auren . a as, sq., . o. Vivek Srivastava, Esq., Id. No. 207331 ~ 0 Jay B. Jones, Esq., Id. No. 86657 (j') Peter J. Mulcahy, Esq., Id. No. 61791 (~ Andrew [,. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakus, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Amlrew C. Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 1~ AFFIIJAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PHS # 196339 DEFENDANT SERVICE TEAM/ iin CARL E. KOSER VERA D. KOSER COURT NO.: 09-505-CIVIL SERVE VERA D. KOSER AT: 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 06/02/2010 SERVED Served and made known to ~ D. K05~ ,Defendant on the 3~ day of ~ QV , 20~Q_, at 5.57, o'clock ~. M., at 123 SNrr~ FFE12S V4t_!~ Q i~ , in the manner described below: _ Defendant personally served. f.~-N >y t s gu a ~, P A ~[ Adult family member with whom Defendant(s) reside(s). Relationship is ~uS g~-n~p _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age A~t7 S Height '~ Weight ~ 50 Race W Sex M Other I, _ ~/~A'L-~ Iy~O LL , 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 Sheriffs 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 1ti11~';'~ RIY CURTY before me this 3~ day ~~? RY i'Ut3;.1C of ~~, 20(~~. ST~fE OF ~~W :ERIE" MY C ISS10~' E~i'IRES MAitCH 7,1013 Notary: By. NOT SERVED On the da , 200_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: t7 ~ ` ATTORNEY FOR PLAINTIFF ~ o ri Lawrence T. Phelan, Esq., Id. No. 32227 ~ r _ ~ Francis S. Flalldnan, Esq» Id. No. 62695 I ` `7 » - - ~ ~' ~,~ Daniel C. Schmi eg, Esq., Id. No. 62205 i G. r~ Michele M. Bradford, Esq. Id. No. 69849 _ f„ f`j t,;. ~ ~ ' (7 Judith T. Romano, Esq., Id. No. 58745 -c' ".'~ ~ Sheelal R Shah-Joni, Esq., Id. No. 81760 ~ ~", Janine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ~~ ~ ~ ~. ~ ~ ~~ Vivek Srivastava, Esq., Id. No. 202331 `°' { ~ 3i © ' Jay B. Jones, Esq., Id. No. 8[657 " Peter J. Mulcahy, Esq., Id. No. 61791 ~ A Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90734 ~ r..n Chrisovelante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. Nw 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew G Bramblett, Esq., Id. No. 208375 16'17 John F. Kar~y B d a Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 r • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY e ^'F: c t. 7µF _ulzc- FILED-OFFICE OF THE PROTHONOTARY 2010 NOY 22 AM 9: 20 BAC Home Loans Servicing, L.P. vs. Carl E. Koser (et al.) CUMBERLAND COUNTY PENNSYLVANIA SHERIFF'S RETURN OF SERVICE Case Number 2009-505 03/30/2010 07:59 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on Marcvh 30, 2010 at 1955 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carl E. Koser & Vera D. Koser, located at 1921 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania according to law. 04/12/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Vera D. Koser, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 04/23/2010 Perry County Return and now the, 20th day of April, 2010, at 1457 hrs, served the within Real Estate Writ, Notice of Sale and Description upon Vera D. Koser, the defendant, by making known unto Vera D. Koser at SW Madison Twp, 1232 Sheaffers Valley Road, Landisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Alan D. Houck, Deputy, Sheriff of Perry, County, Pennsylvania. 04/23/2010 Perry County Return and now the, 20th day of April, 2010, at 1457 hrs, served the within Real Estate Writ, Notice of Sale and Description upon Carl E. Koser, the defendant, by making known unto Carl E. Koser at SW Madison Twp, 1232 Sheaffers Valley Road, Landisburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Alan D. Houck, Deputy, Sheriff of Perry, County, Pennsylvania. 05/28/2010 Property sale postponed to 8/4/2010. 07/3012010 Property sale postponed to 10/6/2010. 09/20/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Cancelled SHERIFF COST: $2,478.92 November 19, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF -).Da. Cd. .A LA (c Goun±ySuite Shenff Teleosoft. In.C- BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDEX&E LOANS SERVICING, L.P. Plaintiff CIVIL DIVISION V. NO. 09-505-CIVIL CARL E. KOSER CUMBERLAND COUNTY VERA D. KOSER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARL E. KOSER VERA D. KOSER 2. Name and address of Defendant(s) in the judgment: ` Name SAME AS ABOVE 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. i. 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 Address (if address cannot be reasonably ascertained, please indicate) None. r 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1921 STERRETTS GAP AVENUE CARLISLE, PA 17013-1061 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. December 8, 2009 P I C?j By: M yCG 4' _ ?w Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? P er J. Mulcahy, Esq., Id. No. 61791 drew L. Spivack, Esq., Id. No. 84439 91 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff . VS. : NO. 09-505-CIVIL : CUMBERLAND COUNTY CARL E. KOSER VERA D. KOSER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARL E. KOSER VERA D. KOSER 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $152,279.92 obtained by BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 By virtue of a Writ of Execution NO. 09-505-CIVIL BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. CARL E. KOSER VERA D. KOSER owner(s) of property situate in the TOWNSHIP OF NORTH NUDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1921 STERRETTS GAP AVENUE CARLISLE PA 17013-1061 Parcel No. 29-16-1094-255 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,279.92 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made June 12, 1976, by Stephen G. Fisher, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Eastern line of Sterretts Gap Avenue, which point is one hundred twenty (120) feet South of the Southeastern corner of the intersection of Sterretts Gap Avenue and Chester Street, said point being at a corner of land now or formerly of Clyod P. Hofl'inan; thence along the same and passing through Lot No. 33 on the hereinafter mentioned Plan of Lots, South eighty seven (87) degrees forty five(45) minutes East one hundred fifty (150) fee to a point on line of land now or formerly of Thomas Roginski; thence along said Roginski land and land now or formerly of Veterans Administration, South two (2) degrees fifteen (15) minutes West eighty (80) feet to a point on the line dividing Lots 34 and 35 on said Plan; thence along said dividing line and land now or formerly of Richard L. Hook, North eighty seven (87) degrees forty five (45) minutes West one hundred fifty (150) feet to a nail on the Eastern line of Sterretts Gap Avenue; thence along same, North two (2) degrees fifteen (15) minutes East eighty (80) feet to the point and place of BEGINNING. BEING the Southern thirty (30) feet to Lot No. 33 and all of Lot No. 34 on Plan No. 4 of Schlusser Village, said Plan recorded in Plan Book 7, Page 39, Cumberland County Records. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. Vested by Special Warranty Deed, dated 05/06/2003, given by Carl E. Koser and Vera D. Koser, husband & wife, to Carl E. Koser and Vera D. Koser, husband & wife, and recorded 5/15/2003 in Book 257 Page 271 PREMISES BEING: 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 PARCEL NO. 29-16-1094-255 BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff . : NO. 09-505-CIVIL VS. CARL E. KOSER VERA D. KOSER : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARL E. KOSER VERA D. KOSER 1232 SHEAFFERS VALLEY RD LANDISBURG, PA 17040-9031 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $152,279.92 obtained by BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230- 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-505-CIVIL BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. CARL E. KOSER VERA D. KOSER owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1921 STERRETTS GAP AVENUE, CARLISLE PA 17013-1061 Parcel No. 29-16-1094-255 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,279.92 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made June 12, 1976, by Stephen G. Fisher, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Eastern line of Sterretts Gap Avenue, which point is one hundred twenty (120) feet South of the Southeastern corner of the intersection of Sterretts Gap Avenue and Chester Street, said point being at a corner of land now or formerly of Clyod P. Homan; thence along the same and passing through Lot No. 33 on the hereinafter mentioned Plan of Lots, South eighty seven (87) degrees forty five(45) minutes East one hundred fifty (150) fee to a point on line of land now or formerly of Thomas Roginski; thence along said Roginski land and land now or formerly of Veterans Administration, South two (2) degrees fifteen (15) minutes West eighty (80) feet to a point on the line dividing Lots 34 and 35 on said Plan; thence along said dividing line and land now or formerly of Richard L. Hook, North eighty seven (87) degrees forty five (45) minutes West one hundred fifty (150) feet to a nail on the Eastern line of Sterretts Gap Avenue; thence along same, North two (2) degrees fifteen (15) minutes East eighty (80) feet to the point and place of BEGINNING. BEING the Southern thirty (30) feet to Lot No. 33 and all of Lot No. 34 on Plan No. 4 of Schlusser Village, said Plan recorded in Plan Book 7, Page 39, Cumberland County Records. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. Vested by Special Warranty Deed, dated 05/06/2003, given by Carl E. Koser and Vera D. Koser, husband & wife, to Carl E. Koser and Vera D. Koser, husband & wife, and recorded 5/15/2003 in Book 257 Page 271 PREMISES BEING: 1921 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1061 PARCEL NO. 29-16-1094-255 WRIT OF EXECUTION and/or ATTACHMENT i f COMMONWEALTH OF PENNSYLVANIA) NO 09-505 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff (s) From CARL E. KOSER and VERA D. KOSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is 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 $152,279.92 L.L. Interest from 9/3/09 to date of sale ($0.00 per diem) -- To be determined Atty's Comm % Due Prothy $2.00 Atty Paid $981.04 Other Costs Plaintiff Paid Date: 12/16/09 (Seal) REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 4 , M On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Tower i Cup rland County, PA, Known and numbered, 1921 Sterretts Gap Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator h0 :Z d 91 330 b001 VAAiM3HS 3H1F??