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Home My WebLink About04-3264FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff SUSAN K. ROSARIO A/K/A SUSAN REIF 40 G STREET CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION TERM No. oq - CUMBERLAND COUNTY ALFREDO ROSARIO 40 G STREET CARLISLE, PA 17013 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgrnent 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 (800)990-9108 File Pt: 95085 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) V~ITH 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, 1F 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. File #: 95085 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 06/29/2004 (Per Diem $23.15) Attorney's Fees Cumulative Late Charges 06/22/2001 to 06/29/2004 Cost of Suit and Title Search Subtotal $97,958.02 3,472.50 1,250.00 155.56 $ 550.00 $103,386.08 Escrow Credit - 448.40 Deficit 0.00 Subtotal $- 448.40 TOTAL $102,937.68 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intent/on to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. SUSAN K. ROSARIO & ALFREDO ROSARIO, No. # 2004-00419, filed 2/2/2004, $ 5,206.76. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,937.68, together with interest from 06/29/2004 at the rate of $23.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERM~I~I AND PHEL&N, L.LP ,J FRANK'FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95085 Plamtiffis WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: SUSAN K. ROSARIO A/K/A SUSAN REIF 40 G STREET CARLISLE, PA 17013 ALFREDO ROSARIO 40 G STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/22/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1725, Page 1024. By Assignment of Mortgage recorded 6/28/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 495. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2004 and each month thereafter am due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments a/~er a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 95085 ALL that certain tract of land with the improvements thereon situate in the Fifth Ward of the Borough of Carlisle,.Ctnnbcrland County, P~ansylvania, known and desiguat~d as Lot Nos. 100, 101, 102 and the western 20 feet o£ Lot No. 103 on the Plan of LoB known as Home Acres, said Plan of Lots b~ing recorded in the Office of the Recorder of Deeds of Cumberland County, Permsylvania, in Plan Book 1, Page 93 and said tract of laud being more particularly bounded and described aa follows: BOUNDED on the North by the southern Line of"G" Slreet; on the East by property now or formerly of William Kennedy;, on the South by Lot Nos. 133, 134, 135 and 136; and on thc West by Lot lqo, 99, now or formerly of Marlin Festal, said uaet of land having a frontage on "O" Slreet of 95 feet and extending in depth at an even width, a distance of 158 feet. HAVING ~n er~::ted a one and on,-half story brick dwelling house known and numbered as 40 "C-" Street, Carlisle, Pcnnsylvaaia 17013. BEING the same property which Estate of 1Wau'y E. Beetem, gtautod and Conveyed to Samuel L. Be~tom ~ Cheryl-Ann Beetem, his wife,, Grantors herein, by Deed dated March 30, 1992 and recorded in tho Office of the Recorder of Deeds for Cumberland County in Deed Book "P", Volume 35, Page 457. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to tmsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff '~' SHERIFFIS RETURN - REGULAR CASE NO: 2004-03264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROSARIO SUSAN K ET AL ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ROSARIO SUSAN K AKA SUSAN REIF DEFENDANT , at 1810:00 HOURS, at 40 G STREET CARLISLE, PA 17013 by handing to SUSAN K ROSARIO a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 9th day of July the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this /& ~ day of · ro'thonotary ~-- So Answers: R. Thomas Kline 07/12/2004 FEDERMAN & PHELAN [ ueputy Sheriff -- SHERIFF'S RETURN CASE NO: 2004-03264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROSARIO SUSAN K ET AL - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSARIO ALFREDO the DEFEND~NT , at 1810:00 HOURS, on the 9th day of July , 2004 at 40 G STREET CARLISLE, PA 17013 by handing to SUSAN K ROSARIO, 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~,~ day of ~rbthonotary ~ t - So Answers: R. Thomas Kline 07/12/2004 FEDERMAi~ & PHELAN FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHSINGTON MUTUAL BANK, FA, S/Iff TO HOMESIDE LENDING, INC. Plaintiff Court of Common Pleas Cumberland County No. 04-3264 CIVIL VS. SUSAN K. ROSARIO A/K/A SUSAN REIF ALFREDO ROSARIO, et. al Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTt WI.THOUT PREIUDICE z AND DISCONTINUE AND E~JD TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorney's for Plaintiff FEDERMAN AND PHELAN By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 A'FfORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Washington Mutual Bank, FA, S/FI to Homeside Lending, Inc. Plaintiff Vs. Susan K. Rosario, a/k/a Susan Reif Alfredo Rosario And The United States of Amedca County: Cumberland Filed: July 7, 2004 No,. 04-3264 Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of Amedca, as follows: 1. That the premises known as 40 G Street, Carlisle, Pennsylvania (the "Premises") is owned by the Defendant. 2. That the Federal Tax Lien referred to in paragraph ten (10) of the Plaintiff's complaint is junior in time to the Plaintiff's mortgage set fodh in paragraph three (3) of said complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 5. That the aforesaid premises shall be sold at a judicial sale, notice of which will be Date: Date: served on the Defendant, United States of America. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph ten (10) of said complaint. That the proceeds of sale shall be divided and distributed as the parties may be entitled. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). The parties to this Stipulation shall bear their own respective costs in this proceeding. ? - -o¥ Respectt'ully submitted Thomas A. Madno, Esquire Uni . tates By: Dennis Plannen~c~midt, Esquire Assistant United ~tates Altomey Deputy Chief, Civil Division Attomeysfor U~r U__U_~d 8tares of Amedoa n Station Philadelphia, PA 19103-1804 Attomeys for Plaintiff Loan:15458514