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Home My WebLink About12-5452 ~ EE: f'~QT~i0N0TA~`~ MARTHA E. VON ROSENSTIEL, P.C. ~~~2 ~~v ~ ~ PM I' I I 30702CFC-BI Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 !~.~"~~3ERl.AN~ COUNTY 649 South Avenue, Suite 7 E ~l N S Y LYA N I A Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS OF COMPANY CUMBERLAND COUNTY 1100 Locust St., Dept. 2009 Des Moines, IA 50391-2009 r Plaintiff ~ OC , S L1 S p~ (J~ ` v. NO. 7 WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON 3 I'rickley Pear Drive Carlisle, PA 17013 Defendants CIVIL ACTION -MORTGAGE FORECLOSURE NOTICE ADV SO You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la cone. Si usted quiere defenderse de set forth in the following pages, you must take action within twenty estas demandas expuestas en las paginas siguientes, usted tiene (20) days after this complaint and notice are served, by emering a veinte (20) dies de plazo at partir de la fecha de la demands y la written appearance personally or by attorney and filing in writing with notificacion. Hace fella a sentar una comparencia escrita o en the court your defenses or objections to the claims set forth against you. persona o con un abogado y entregar a la code en forma escrita sus You are warned that if you fail to do so the case may proceed without defenses o sus objeciones a las demendas en contra de su persona. you and a judgment may be entered against you by the court without Sea a visado que si usted no se defiende, la Corte tome ra medidas y further notice for any money claimed in the complaint or for any other puede continuer la demands en contra soya sin previo aviso 0 claim or relief requested by the plaintiff. You-may lose money or notification. Ademas, la code puede decidir a Favor del demandante property or other rights important to you y requiere que usted cumpla con lodes las provisioner de seta demands Usted puede pettier dinero o sus propiedades o otros de rechos impodantes pare usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW. THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE FROVEER INFORMACION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TTENE EL DINERO SUFICIENTE PARR CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY UN ABOGADO, LE PODEMOS DAR 1NFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A REDUCED FEE OR NO FEE PERSONAS ELEGH{LE PARA SERVICIOS A COSTO REDUCHDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ~+~/p3 zS,~~ A I C~~ ~31~s ago i t o MARTHA E. VON ROSENSTIEL, P.C. 30702CFC-BI Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS OF COMPANY CUMBERLAND COUNTY 1100 Locust St., Dept. 2009 Des Moines, IA 50391-2009 Plaintiff v. NO. WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON 3 Prickley Pear Drive Carlisle, PA 17013 Defendants CIVIL ACTION -MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Nationwide Advantage Mortgage Company, a corporation organized and existing under state law, with offices for the conduct of business at 1100 Locust St., Dept. 2009, Des Moines, IA 50391-2009. 2. Defendants, William C. Washington, Sr. and Becky S. Washington are the mortgagors and real owners of premises Lot 9 Prickly Pear Drive, Carlisle, PA 17013, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronic Registration Systems as a nominee for American Home Bank, NA on October 28, 2004, which mortgage is recorded on November 1, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1886, page 1314, secured on premises Lot 9 Prickly Pear Drive, Carlisle, PA 17013 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage loan has since been modified by Mortgage Electronic Registration Systems as a nominee for American Home Bank, NA by written loan modification dated October 17, 2005 and recorded on December 9, 2005 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 723, Page 887. 5. The mortgage has since been assigned to Nationwide Advantage Mortgage Company by written assignment dated March 16, 2009 and recorded on April 23, 2009 in the Office of the Recorder of Deeds of Cumberland County as Instrument #200912826. 6. The mortgage loan has since been modified by Nationwide Advantage Mortgage Company by written loan modification dated October 9, 2010 and recorded on October 21, 2010 in the Office of the Recorder of Deeds of Cumberland County as Instrument #201030251. 7. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 8. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from March, 2012 and each month thereafter, up to and including the present time. 9. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 10. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 267,017.29 Interest from 4/1/2012 to 7/26/2012 at $14.63 per diem $ 1,700.87 Accrued late chazges to 7/26/2012 $ 209.80 Attorney's Fee $ 1,450.00 Deferred Principal $ 25,500.00 Fees required with payoff funds $ 30.50 Fees currently assessed $ 36.00 MI Premium Due $ 167.86 Suspense $ (167.86) Total $ 295,944.46 11. The original principal balance of the mortgage involved in this action was $275,937.00 therefore this action does not come within the purview of Act 6 of 1974. WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $295,944.46, plus per diem interest at $14.63 from July 27, 2012 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B . Martha E. Von R s tiel, Es ire Heather Riloff, Es r Attorneys for Plaintiff EXHIBIT I DESCRIPTION ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania,. being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the northern side of a 50.00 foot right-of--way known as Prickly Pear Drive at the dividing line between Lots Nos. 8 and 9 of the hereinafter mentioned subdivision plan, thence continuing along said dividing line, North 46 degrees 45 minutes 43 seconds West, a distance of 133.71. feet to a point along the dividing line between Lots Nos. 9 and R2 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 04 degrees 31 minutes 27 seconds East, a distance of 52.73 feet to a point along the dividing line between Lots Nos. 9 and 11 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 61 degrees 08 minutes 11 seconds East, a distance of 110.42 feet to a point along the dividing line between Lots Nos. 9 and ] 0 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 28 degrees 51 minutes 49 seconds East, a distance of 174.00 feet to a point along the northern side of said Prickly Pear Drive; thence continuing along the northern side of said Prickly Pear Drive, South 6l degrees 08 minutes 11 seconds West, a distance of 56.81 feet to a point; thence continuing along same by a curve to the left, having a radius of 200.00 feet, an arc length of 47.78 feet, with a chord bearing of South 54 degrees 20 minutes 06 seconds West and a chord distance of 47.37 feet to a point along the northern side of said Prickly Pear Drive, the point and place of beginning. CONTAINING 0.51 acres and being Lot No. 9 of the Final Subdivision Plan for Phase I of Hillcrest Farms West Subdivision of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. ALSO UNDER AND SUBJECT to any restrictions, easements and right-of--ways as recorded in Plan Book 86, Page 57. BEING a part of the same premises which J. Paul Burkhart, II and Kristin J. Burkhart, by Deed dated July 23, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 2799, granted and conveyed unto Don E. Backenstow. Anne R. Backenstow hereby joins in to convey her marital interest as spouse to Don E. Backenstow, Grantors herein.. The said Don E. Backenstow and Anne R. Backenstow, by Powers of Attorney dated January l 0, 2002 and recorded in the Office of the aforesaid in Misc. Book 693, Page 1665, and Misc. Book 693, Page 1168, have appointed Michael A. Scherer as their true and lawful agent. PARCEL IDENTIFICATION NO: 29-06-0021-187 ~~~02 VERIFICATION Lisa A Nicholson hereby states that he/she is the Associate Vice President of Nationwide Advantage Mortgage Company, Servicing Agent for Nationwide Advantage Mortgage Company, plaintiff herein; that he/she is duly authorized to make this Verification on behalf of Nationwide Advantage Mortgage Company and verifies that the statements made in the foregoing Complaint in Nationwide Advantage Mortgage Company v. William C. Washington and Becky S. Washington relating to the property located at Lot 9 Prickly Pear Drive, Carlisle, PA 17013 are true and correct to the best ofhis/her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: Lisa A Nicholson Title: Associate Vice President Nationwide Advantage Mortgage Company Plaintiff Herein Dated: August 28.2012 =-rom: MVR'_aw To: 1-7^7-240-6573 Page: ^/"6 '0a`e: 9/5/20"2 ~:2":33 FORM 1 Nationwide Advantage h,~crigags Company : iN ?HE CCfUR? CF CC"~4MD'd PLEAS ~F i,~J ,~7 ...-,F :Gt)fr3ERLANDCC'iIIP•1TY,PcNNSYLVAi~Ir. w w.'. __,f r.a Plaintiff(s) ~ r'*t yC7 "T7 r"~ ~ ~ ..C C7 ya. ~ 'r~41lfam C. Washington, Sr. and Becky S. UUashingtan C ~ ~ n ~ ~ J ~c~ r Defendant(s) ~ ~ ~ ~ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ~ DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to fuse your home. If you own and five in the residentiaf property which is the subject of this foreclosure action, you may be able to participate in a rxrurt-supervised concitiatfon conference in an effort irr resolve this matter with your tender. if you do no# have a lawyer you must take the fallowing steps to be eligible for a conciliation conference. First; within twenty (20} days of your receipt of this notice, you must contact MidPenn Legal Services at {717)243-940+0 extension 2510 or (800} 822-5288 extension 251€7 and request appointment of a legal representative, at no charge to you. C1nce you have been appointed a legal representative: you must promptly meet with the legal representative within twenty (20} days of the appointment date. During that meeting, you must provide the legal representative with al( requested financial information so that a loan resolution proposal can be prepared on your behalf. !1 you and your fegaf representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and fife a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty {60) ..days of ttte service open you o€-tHe foreclosure comptain4: t€ yo,:r-do so and a conciliation conference is scheduled;-you will.. . have an appertunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with yo~.:r lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the fallowing steps to be eligible for a conciliation conference. It is nit necessary for you to contact MidPenn t.egal Service for the appointment of a legal representative. However: you must provide your lawyer with elf requested financial information so that a loan reseiutian propose! can be prepared an your behalf.. tf you and your lawyer complete a financia( worksheet in the format attached Hereto, your lawyer wi€t prepare and file a Request for Conclifatlon Conference with the Court, which must be filed with the Court within sixty (00} days of the service upon you of the foreclosure complaint, ff you do so and a concitiatian conference is scheduled, you will have an opper2unity to meet with a represents#ive of your lender in an attempt to vdork out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AaD TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. aesJ,ectfully submitted: Date ss Signature of Counsel for Pfalnti#fi _ From: 'V!VR !_aw To: ' -7" 7-2~0-6573 Pane: 2/". 6 Date: 915/20 ~ 2 4:2" :33 ^iV' FORM Z Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Gate Cumber;and County Geurt of Common Pleas i?octet - - - BORROWER REQUEST FOR HA.RDSH;P ASSISTANCE ?a complete your request for hardship assistance, your fender must consider your circumstances to determine passible options while working with your Please provide Ehe faitawing information to the best of your knowledge: Borrower name s}: Property Address: City: State : Z'p:.-- Is the property for sate? Yes ^ No tasting date: _ Price: ~ Realtor Name: ~ J ~ Realtor Phone: Bcrrovrer f3ccupied: Yes r"1 Na P~lailing Address (if different) City: State:._.-----_ Zip: Phone Numbers: Hoene: Office: Cell: Other: Email: # of people in household: _ - ow ong . M~ ~ wlailing Address: City: State:......-.-_._...-...._._.._._.._-_ Zia: Rhone Numbers: flame: Office: Ceik Other. Email: of people in household: f=irst t>Aartgage lender Type of Loan: L o a n Number : Gate You C e a s e d Your Loa n Second fvtortgage Lender: Type of Laan: Loan Number: Total a9ortgage Payments Amount: !nciuded 1"axes and insurance Date o' Last Payment: '~rimarv Reason for rJefault: is the loan n Bankruptcy % Yes h:a ( if yes. provide names, 6ocatien of court, case number & attorney L _ _ _ =rom: 'V'V~?'_aw To: 7-7`7-2~0-6573 ~aae: 3/^6 date: Q/S/2C"2 4:2":33 RN' Assets _ Amount Owed: ilali.~e: _ Home: _ $ g _ tither Rea? Estate: ~ ~ _ Retirement t=unds: y ~ Investments: ~ S Ct~eckirry. ~ $ 5ad~ngs: ~ $ Other: ~ Automobile #4; Model: Ye2r: Amount owed: Value: _ Automobite ,#2: Madei: Year: Amount owed: Value: Other iranspartation jautamabiies. baats, motorcyclesi: Model: Year: Amount awed: Value: Monthly Income "Jame of Employers: i. Monthly Gross Manthiy Net 2. Monthly Gross t',Ronthly Net 3. tvlanthly Gross Monthly Net Additienai income Description !riot wages): 1 Monthly Amount: 2. MonthEy Amount: Borrower Pay Gays: Co•Berrower Pay Days: Monthly t~xpen~es: (Please only )nclude expenses t+ou are currently paving; D(PEJV.SE AMOUNT ,EXPENSE AMOUNT I Mortgage Food _ 2n~ Mortg_age_-----._. Utilities -Car Paymentjs) ~ i I Conde/Fdeigh, Fees _ Auto Insurance hRed. (not covered] Auto. fueilrepairs__ _ _ I Other Prep, Pa merit I Install, Loan Pa merit ~ Cable TV Child Su ortfAlim. S endin Morse i , Ga (ChiidCarelTuit ' ___~„4therExpenses j , ~ , Amount Available for Monthly Mortgage Payments Based on income and ExRerrses: tiave_y_ou t~eerr working ~~rth a i-fo~~sing Counseling Agency? If yes. please provide the following infdrmatior:: Counseling Agency: CoE:nseler: - Phone %Ot`fiie!: Fax: ~maii; =ro!*! 'V'VR'_aw To: ?-7^7-2~0-6573 °age: ~'/"5 Da.'e: 9/5120'2 4 ~^:3c ~'V' Have you made appfiratior? for Homeorr°ners Emergency Iv!ortgage Assistance Program (HEf41AP} assistance? Yes No ff yes; please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your {ender or lender's loan servicrng company: Lender's Contact (Name}: `Phone: Servicing Company (Name): _ t I ~ i I Contact: Phone: • ~ I!We, ,authorize the above named to use!refer this information to my lender!servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I!we am/are under no obligation to use the services provided by the above named Borrower Signature Date Harrower Signature Date Please forward this document along with the following information to lender and lender counsel; Proof on income ~r Past 2 bank statements Proof of anp expected income for tfie last d5 days Copy of a current utility brll ~ Letter explaining reason #or delinquency and any supporting documentation v (hardship letter} Listing agreement (if property is currently on the market) ,r Capy of 2 years of federal income tax returns ~ Capy of deed FORM 3 _ _ '=rom N VR tiaw ?o: -7" 7-2~0-5573 Page: 5/^a ~a`e: 9!5!20" 2 ~:2" P`V' Nationwide Advantage h~io~-tga~e Company : ItJ THE C~?~JRT QF uC?h,1~~9~t~i PLE>~S OF ,Ct}FJEERLf,l~O COUf`a? `r, r=NNS'r'L'!AA1iA P!aintiff!s) ~s ~,'Villiarn G, t~ldshinc~ton, Sr, and EECky 5. tNashingion Defendants} ~ ------.--------------.-----__-----Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative ©rder dated ~ 2012 governing the Cumbertand County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- . supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are- made subject to the penatttes of i8 Pa. C:S. §4.944 relating to unsworn falsification to authorities. Signature of Defendant`s CounseUAppointed Date eqa epresenta rve Signature of Defendant Date Signature of Defer~iant Date . _ _ r c~om: 'V'VR .'_aw To: ?-7"7-24C-5573 °age: 5/"5 ~a`.e: 9/S/2^'2 ~ 2":~~' ?fV' FORM 4 Nationwide H~vantagP !Gtortgage C.ampany : IN TAE COURT C7F COf~irvlON PE.Et,S C= :CG1~@ERi.AFJQ COJf~tTY. °EfdPfSYLVANlA Fain, tiff; s} 'rs ~:Jilliam C. Washingto^, Sr. and Becky S. Nlashington Defendants} : Ci~ii CASE tAANAOEMENT GIRDER AND NC'•N, this day of 2(1 ,the defendanUborrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendantlborrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The .parties and. their counsel are directed to participate in acourt-supervised conciliation Conference on at M. in ____Y__-___at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (~1) days prior to the date of the Conciliation Conference, the defendantlborrawer must serve upon the Ptaintiffjlender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Frogram Financial tJRJorksheet" .,Farm 2) which .has .beery completed by the defendantbarrow¢r, Upon agrEernent of the parties in writing or at the d:scret;on of the Court, the Conc'tliatiort Conference ordered may be rescheduled to a later date andior the date upon which service of the completed Form 2 is to be made may be extended. Upcr: notice to the From: MVR'_aw To: 1-7^7-24J-5572 ?age: 7/^~ ^a`e: g/5/2^^2 ~•:2":'~ ?^P Cour# of the defendantiborrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary slay of proceedings shali be terminated, 3. The defendantlborrower and counset for the parties must attend the Conciliation Conference in person and an authorized representative of the plain#iffilender must either attend the Conciliation Conference in person or be available by telephone during the course of the Gonciiiation Conference. The representative of the plaintiffilender who participates in the Conciliation Conference must possess the actual authority to reach a mutuaNy acceptable resolution, and counsel far the plaintiffllender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the ptaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and re uire the personal attendance of the authorized representative of the plaintiffflender at the rescheduled Conciliation Conference At the Conciliation Conference, the parties and their counsel shal3 be prepared to discuss and explore a!I available resolution options which shall include. bringing the mortgage current through a reinstatement; paying off the mortgage: proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; From MVO yaw To: 1-717-2~C-657? ?age: $/"6 ~a`.e: g/5/2C'24.2":3~ ^1r enkering into a loan modification or a reverse mortgage; paying tfle mortgage default over sixty months; and the institution of bankruptcy proceedings. Ail prc~eeedings in this matter are stayed pending the ccmpietion of the scheduled conciliation conference. BY THE COURT, J. NATIONWIDE ADVANTAGE, IN THE COURT OF COMMON PLEAS OF MORTGAGE COMPANY, :CUMBERLAND COUNTY, PENNSYLVANI A Plaintiff v. : NO. 2012- 5452 CIVIL TERM . WILLIAM C. WASHINGTON Sr. and, :CIVIL ACTION ~ ~ ~,, BECKY S. WASHINGTON, z~°d-,-, ~ ,~_ Defendants ~~' ~ ..,~ ~;. ~~ ~ ~ c• PETITION FOR CONCILIATION CONFERENCE ~~ ~ ~ ~ f ' ~~ .. . ~r , cn 1,' ~ .. 1. Petitioner is Robert L. O'Brien, Esquire. 2. Petitioner was contacted by William C. Washington, Sr., on October 2, 2012 who met with Petitioner on that date. Mr. Washington at that time stated an interest in the mortgage conciliation process. 3. Petitioner understood that Mr. Washington was to attend the counseling session and return forms to Petitioner to attach to the request for conciliation. Mr. Washington, has not contacted Petitioner about the counseling or the financial worksheet. 4. Petitioner has not received any further information from Mr. Washington, but based upon the October 2, 2012 meeting, believes that Mr. Washington still requests conciliation. Accordingly, Petitioner has attached the Conciliation Request form and will attempt to work further with Mr. Washington to submit the financial forms. Respectfully submitted, Robert L. O'Brien By: Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 249-6873 i~:atien4=ide Advantage tJiortgage Company 1N T FsE :,4URT GF EDh!~,tOt.' PLEr~C OF Vit?~t~ERtAN~ COUi`d T Y, i/E,UPIJYLVAPJ;A P?aintiffs; ~ ~ r-- -... -~ 3 rn ~ ~ a _..r ~ -~ vs z~ --- ~o ~r ~ i,~'ifliam C. 4faashir:Gtor=.=.. Sr a."+d ~eclt{ ~. b°daShl'1©ton ~ 2 Ln ~ r~--~ _ ~ rr ~~ Cefendant~s) ---._ ----~ -._.-------------~-------------- ~wr, ~ ~ -p ~ ~ r ~~, ~' ~ ~~ '~' RE(~UEST FOR C ONCILIATION CONFERENCE ~ ' -r --~ cn c, -- Pursuant to the Administrative Crder dated , 2g1~ governing the Cumberla nd County P,esidentia: h,~ortgage Foreclosure Diversion Program, the undersigned hereby certifies as tolloavs ,. Defendant is the owner of the real property w~h:ch is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, vrhich is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verities that the statements made herein are free and correct. f untlerstar'~d that statements are made subject to the penaifies ct ;S Pa. C:S. ~4`;t7~: relati~,:; to uns~;~or„ falsi';cati-on tc authorities. Signature of Defendan 's Counsei!Appointed ego epresenta ive ~agnature o{Defendant << I~sl,-z Date Date Signature o{ Defendant Date CERTIFICATE OF SERVICE I hereby certify that on November 15, 2012, I, Robert L. O'Brien, Esquire, did serve a copy of the Petition For Conciliation dated November 15, 2012, regular U.S. mail, postage prepaid, to the parties, as follows: Martha E. Von Rosenstiel, P.C. Heather Rilof, Esquire 649 South Avenue, Suite 7 Secane, PA 19018 ~~ k Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 717 249-6873 NATIONWIDE ADVANTAGE MORTGAGE COMPANY, Plaintiff vs. : WILLIAM C. WASHINGTON SR. and BECKY S. WASHINGTON, Defendants: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVP~IA~ ~'~ ,~ cxs ~~ ~ ~ ~,-~ __. ~~ CIVIL ACTION :~~ N ~~, -cam ~"' --a c ~~' NO. 12-5452 CIVIL -v o ~' '' Y (rd ~ ,ate-,,may .°'... ...~.~ CASE MANAGEMENT ORDER AND NOW, this oZ(o ~ day of November, 2012, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised conciliation Conference on /l0~ oZ0 !3 , at~ . m. in Chambers ~- No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, y Hess, P.J. Martha E. Von Rosenstiel, P.C. Heather Rilof, Esquire 649 South Avenue, Suite 7 Secane, PA 19018 For the Plaintiff ~~' C~~ ~I Robert L. O'Brien, Esquire 19 West South Street ~~/°~0//a Carlisle, PA 17013 ~ f~ For the Defendants :rlm 30702- CPG -DN (requesting conference) MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE COURT OF COMMON PLEAS -7 MORTGAGE COMPANY CUMBERLAND COUNTY l mp Plaintiff x, V-1 � VS. No: 12-5452 nr WILLIAM C. WASHINGTON, SR. AND ? cv ! BECKY S. WASHINGTON Defendants PRAECIPE TO REQUEST REMOVAL FROM CONCILIATION PROGRAM TO THE PROTHONOTARY: Pursuant to Conciliation Conference order dated March 13, 2013 Plaintiff is requesting that this matter be removed from the Conciliation program. Order from Conciliation Conference is attached hereto as Exhibit I. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. Mart ha E. Von ¢ el, Esquire Heather Riloff, s ire Attorneys for Plaintiff Dated: April 15, 2013 NATIONWIDE ADVANTAGE IN THE COURT OF COMMON PLEAS OF MORTGAGE COMPANY, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff . o CIVIL ACTION °+ VS. -°gym a x N0. 12-5452 CIVIL irn � '-M WILLIAM C. WASHINGTON SR. Nr - n and BECKY S. WASHINGTON, x ym Defendants y© xo o�5 IN RE: CONCILIATION CONFERENCE C r a� a A Present at a mortgage conciliation conference held March 13,2013,were Nathan Wolf, Esquire, local counsel for the plaintiff,and Robert L. O'Brien, Esquire, attorney for the . defendant. It appears that a loan modification is not feasible in this case and that the matter will be removed from the conciliation program. The Court will maintain the stay in this matter for thirty (30)days by order of even date herewith. ORDER AND NOW,this /�r day of March,2013,the stay in this matter is continued for a period of thirty (30)days. Unless a stipulation is filed by the parties continuing the stay on or before the close of business on Friday,April 12, 2013,this matter may be removed from the conciliation program upon praecipe of counsel for the plaintiff. BY THE COURT, Kevin . Hess,P. J. EXHIBIT 1- #30702CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE ADVANTAGE MORTGAGE COMPANY wa Plaintiff V. NO. 12-5452 ter'' 'max czn� go i WILLIAM C. WASHINGTON, SR. AND BECKY S. �° WASHINGTON x� =c o , Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: William C. Washington, Sr. and Becky S. Washington for want of an answer. (X) ' Assess Damages as Follows Debt $ 295,944.46 Interest from 7/27/12 to 4/26/13 At $14.63 per diem $ 4,008.62 Total $ 299,953.08 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least(10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rose As el, squire Heather Riloff, Esquire Attorneys for Plaintiff This day of 1 r!a' , 2013 judgment is entered in favor of the Plaintiff and against Defendant(s), William C. Washington, Sr. and Becky S. Washington by default for want of an answer and damages assessed at the sum of$299,953 8a th ve certification. othQpot4 C y au� 0 00 e-t- Vv�� max MARTHA E.VON ROSENSTIEL,P.C. #30702CTD-BI .Martha E.Von Rosenstiel,Esquire/No.52634 Heather Riloff,Esquire/No.309906 649 South Avenue,Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE.MORTGAGE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY 1100.Locust St.,Dept.2009 Des Moines,IA 50391-2009 Plaintiff V. Case No: 12-5452 WILLIAM C.WASHINGTON,SR,AND BECKY S. WASHINGTON 3 Prickley Pear Drive Carlisle,PA 17013 Defendants TO: William C. Washington Sr. Lot 9 Prickly Pear Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND F.I.LE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED:FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rosen tiel, squ Heather Riloff, Esqui e — Attorneys for Plaintiff Dated: October 2, 2012 MARTHA E.VON ROSENSTIEL,P.C. #30702CTD-BI Martha E.Von Rosenstiel,Esquire/No.52634 Heather.Riloff, Esquire/No.309906 649 South Avenue,Suite 7 Secane,:PA 19018 (610)328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY 1 100 locust St.,Dept.2009 Des Moines,.IA 50391-2009 Plaintiff V. Case No: 12-5452 WILLIAM C.WASHINGTON,SR.AND BECKY S. WASHINGTON 3 Prickley Pear Drive Carlisle,PA 17013 Defendants TO: Becky S. Washington Lot 9 Prickly Pear Drive Carlisle,PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU.HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE `CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGA.I.NST 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL,P.C. Martha E. Von Rosenstk el, spire Heather Riloff, Esquire Attorneys for Plaintiff Dated: October 2, 2012 MARTHA E. VON ROSENSTIEL,P.C. #30702CTD- BI Martha E.Von Rosenstiel,Esquire/No.52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY 1 100 Locust St.,Dept.2009 Des Moines, IA 50391-2009 Plaintiff V. Case No: 12-5452 WILLIAM C. WASHINGTON, SR.AND BECKY S. WASHINGTON 3 Prickley Pear Drive Carlisle,PA 17013 Defendants TO: William C. Washington, Sr. 3 Prickley Pear Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR.DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY.LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A.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 H:I:RING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rose tie dire Heather Riloff, Esquit Attorneys for Plaintiff Dated: October 2, 2012 MARTHA E. VON ROSENSTI.EL,P.C. 430702CTD-BI Martha E.Von Rosenstiel,Esquire i No.52634 Heather Riloff,Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY + I I00 Locust St.,Dept.2009 Des Moines,IA 50391-2009 Plaintiff V. Case No: 12-5452 WILLIAM C. WASHINGTON,SR. AND BECKY S. WASHINGTON 3 Prickley Pear Drive Carlisle,.PA 17013 Defendants TO: Becky S. Washington 3 Prickley Pear Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A.H.EARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. I.F YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Ros n squire Heather Riloff, Esuie Attorneys for Plaintiff Dated: October 2. 2012 #30702CFJ-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY Plaintiff vs. No: 12-5452 WILLIAM C. WASHINGTON, SR. AND BECKY S.: WASHINGTON Defendant(S) NON MILITARY AFFIDAVIT Heather RilOff , Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief,named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL,P.C. Martha E. Von Rose s 'el, Esquire Heather Riloff, Esquire Attorneys for Plaintiff Dated: April 26, 2013 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Becky S. Washington Lot 9 Prickly Pear Drive Carlisle, PA 17013 NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY PLAINTIFF VS. WILLIAM C. WASHINGTON, SR. AND NO: 12-5452 BECKY S. WASHINGTON DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $299,953.08 on April 26, 2013. David D. Buell Prothonotary ❑ Judgment by Default ❑ Money Judgment Judgment in Replevin Judgment for Possession F1Judgment on Award of Arbitration Judgment on Court Findings If you have an ues ons n Bather ifl 1W , Esquire at this telephone number:610-328-2887. R OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary William C. Washington, Sr. 3 Prickley Pear Drive Carlisle, PA17013 NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY PLAINTIFF VS. WILLIAM C. WASHINGTON, SR. AND NO: 12-5452 BECKY S. WASHINGTON DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $299,953.08 on April 26, 2013. David D. Buell Prothonotary ❑ Judgment by Default Money Judgment — } Judgment in Replevin V Judgment for Possession ❑ Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney thor RilnfF , Esquire at this telephone number:610-328- 2887. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Becky S. Washington 3 Prickley Pear Drive Carlisle, Pal 7013 NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY PLAINTIFF VS. WILLIAM C. WASHINGTON, SR. AND NO: 12-5452 BECKY S. WASHINGTON DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $299,953.08 on April 26, 2013. David D. Buell Prothonotary ❑ Judgment by Default ElMoney Judgment +) tot Judgment in Replevin .► Judgment for Possession ❑ Judgment on Award of Arbitration ❑ Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Heather Rilnff , Esquire at this telephone number:610-328- 2887. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary William C. Washington, Sr. Lot 9 Prickly Pear Drive Carlisle, PA 17013 NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY PLAINTIFF VS. WILLIAM C. WASHINGTON, SR. AND NO: 12-5452 BECKY S. WASHINGTON DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $299,953.08 on April 26, 2013. David D. Buell Prothonotary ❑ Judgment by Default �� J) Money Judgment 0 Judgment in Replevin w ❑ Judgment for Possession ❑ Judgment on Award of Arbitration ❑ Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Heath Ar Riloff , Esquire at this telephone number:610-328-2887. 30702CWE-DN ' Commonwealth of Pennsylvania COUNTY OF CUMBERLAND NATIONWIDE ADVANTAGE MORTGAGE COMPANY COURT OF COMMON PLEAS V. DOCKET NO. 12-5452 WILLIAM C. WASHINGTON, SR. AND BECKY S. ATTORNEY I.D. #30�r oG WASHINGTON Praecipe for Writ of Execution;' -VM r- TO THE PROTHONOTARY: -<:t> N �'.� I>n ; Issue Writ of Execution in the above matter: z Q p�i AMOUNT DUE $ 299,953b8 INTEREST from 4/27/2013 to 9/4/2013 v< At 6 % $ 6,459.61 TOTAL* $ 306,412.69 *Plus costs to be endorsed Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E. Von Rose st el, squire Heather Riloff, Esqui e Attorneys for Plaintiff PREM: Lot 9 Prickly Pear Drive, Carlisle, PA 17013 u C au\ sa .on F fit 4 << <� r-�,16ve- �a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-5452 NATIONWIDE ADVANTAGE MORTGAGE COMPANY V. WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON Fraecipe for Writ of Execution .(Mortgage Foreclosure) AMOUNT DUE $ 299,953.08 INTEREST from 4/27/2013 to 9/4/2013 At 6% $ 6,459.61 TOTAL* $ 306,412.69 *Plus costs to be endorsed Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff,Esquire/No. 309906 Attorneys for Plaintiff 649 South Avenue,Unit#6 Secane,PA 19018 (610)328-2887 #30702-DN MARTHA E.VON ROSENSTIEL,P.C. Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY Plaintiff VS. NO: 12-5452 WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania,being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West,prepared by R.J. Fisher& Associates, Inc.,being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the northern side of a 50.00 foot right-of-way known as Prickly Pear Drive at the dividing line between Lots Nos. 8 and 9 of the hereinafter mentioned subdivision plan,thence continuing along said dividing line, North 46 degrees 45 minutes 43 seconds West, a distance of 133.71 feet to a point along the dividing line between Lots Nos. 9 and R2 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line,North 04 degrees 31 minutes 27 seconds East, a distance of 52.73 feet to a point along the dividing line between Lots Nos. 9 and 11 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line,North 61 degrees 08 minutes 11 seconds East, a distance of 110.42 feet to a point along the dividing line between Lots Nos. 9 and 10 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 28 degrees 51 minutes 49 seconds East, a distance of 174.00 feet to a point along the northern side of said Prickly Pear Drive; thence continuing along the northern side of said Prickly Pear Drive, South 61 degrees 08 minutes 11 seconds West, a distance of 56.81 feet to a point; thence continuing along same by a curve to the left,having a radius of 200.00 feet, an arc length of 47.78 feet, with a chord bearing of South 54 degrees 20 minutes 06 seconds West and a chord distance of 47.37 feet to a point along the northern side of said Prickly Pear Drive,the point and place of beginning. CONTAINING 0.51 acres and being Lot No. 9 of the Final Subdivision Plan for Phase I of Hillcrest Farms West Subdivision of the Final Subdivision Plan for Phase I of Hillcrest Farms West,prepared by R.J. Fisher&Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania, in Plan Book 86, Page 57, UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. ALSO UNDER AND SUBJECT to any restrictions, easements and right-of-ways as recorded in Plan Book 86,Page 57. IMPROVEMENTS: Residential dwelling Tax Parcel#29-06-0021-187 TITLE TO SAID PREMISES IS VESTED IN William C. Washington, Sr. and Becky S. Washington, h/w,by Deed from Don E. Backenstow, married man, by Michael A. Scherer,his agent, dated 10/28/2004, recorded 11/01/2004 in Book 266, Page 15. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff -Va Nationwide Advantage Mortgage Company COURT OF COMMON PLEAS MW 1100 Locust St.,Dept. 2009 CUMBERLANDCOUNTY rte- Des Moines IA 50391-2009 -�c-) �-T Plaintiff . vs. y.ty =;=` ca William C. Washington, Sr. and Becky S. No: 12-5452 y ° Washington cam ,Cn 3 Prickley Pear Drive Carlisle,PA 17013 Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE HeatherRiloff attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: William C. Washington 3 Prickley Pear Drive Carlisle,PA 17013 Becky S. Washington .- 3 Prickley Pear Drive Carlisle, PA 17013 1 verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ros ' tiel, squire Heather Riloff, Esqu Attorneys for Plaintiff #30702-CWE-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS r COMPANY CUMBERLAND COUNTY = ' Plaintiff ; �� VS. . WILLIAM C. WASHINGTON, SR. AND No: 12-5452 c� m BECKY S. WASHINGTON 7;.C-) = :Z, Defendant(s) =—: � p , cn CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA–Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit. FRT That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement given herein. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: artha E. Von Ros nst'el, Es uire Heather Riloff, Esqu' Attorneys for Plaintiff #30702CAM - DN MARTHA.E. VON ROSENSTIEL, P.C. Mart'n E. Von Rosenstiel, Esquire/No. 52634 ,�,, C Heather Riloff, Esquire/No. 309906 ` 649 South Avenue, Suite 7 M MM 330 Secane, PA 19018 CD (610) 328-2887 -> na Attorneys for Plaintiff .cco NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS T'C-*) �. COMPANY CUMBERLAND COUNTY y� Plaintiff VS. NO: 12-5452 WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Heather RHO , ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at Lot 9 Prickly Pear Drive, Carlisle, PA 17013: 1. Name and address of owners(s) or reputed owner(s) William C. Washington 3 Prickley Pear Drive Carlisle, PA 17013 Becky S. Washington 3 Prickley Pear Drive Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: William C. Washington 3 Prickley Pear Drive Carlisle, PA 17013 Becky S. Washington 3 Prickley Pear Drive Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Members I st Federal Credit Union 5000 Louise Drive Medhanicsburg,PA 17055 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O, Box 280601 Harrisburg,,PA 17128 Family Court/Domestic Relations I Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg,PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant Lot 9 Prickly Pear Drive Carlisle, PA 17013 1 verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: �--1 Martha E. Von Rose s 'gel, squire Heather Riloff, Esqu Attorneys for Plaintiff Dated: April 25, 2013 From: MVR Law To: 1-717-240-6573 Page: 1/4 Date: 5/2/2013 2:12:37 PM 30702CAM-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 Heather Riloff, Esquire /No. 309906 649 South Avenue, Suite 7 Secane, PA 19018rfl (610) 328-2887 Attorneys for Plaintiff . .0 p � NATIONWIDE ADVANTAGE : COURT OF COMMON PLEAS y c, -V cCD MORTGAGE COMPANY : CUMBERLAND COUNTY v Plaintiff 4 °' VS. No: 12-5452 WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON Defendant(s NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as Lot 9 Prickly Pear Drive Carlisle, PA 17013 will be sold by the Sheriff of Cumberland County on Date of Sale: September 04, 2013 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 12-5452 in the Court of Common Pleas of Cumberland County by Nationwide Advantage Mortgage Company, Plaintiff against William C. Washington, Sr. and Becky S. Washington, Defendant(s). Judgment was entered on April 26, 2013 in the amount of$299,953.08. The property was seized and taken in execution as the property of William C. Washington, Sr. and Becky S. Washington. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: From: MVR Law To: 1-717-240-6573 Page: 2/4 Date: 5/2/2013 2:12:37 PM BEGINNING at a point along the northern side of a 50.00 foot right-of-way known as Prickly Pear Drive at the dividing line between Lots Nos. 8 and 9 of the hereinafter mentioned subdivision plan, thence continuing along said dividing line, North 46 degrees 45 minutes 43 seconds West, a distance of 133.71 feet to a point along the dividing line between Lots Nos. 9 and R2 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 04 degrees 31 minutes 27 seconds East, a distance of 52.73 feet to a point along the dividing line between Lots Nos. 9 and 11 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 61 degrees 08 minutes 11 seconds East, a distance of 110.42 feet to a point along the dividing line between Lots Nos. 9 and 10 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 28 degrees 51 minutes 49 seconds East, a distance of 174.00 feet to a point along the northern side of said Prickly Pear Drive; thence continuing along the northern side of said Prickly Pear Drive, South 61 degrees 08 minutes i 1 seconds West, a distance of 56.81 feet to a point; thence continuing along same by a curve to the left, having a radius of 200.00 feet, an are length of 47.78 feet, with a chord bearing of South 54 degrees 20 minutes 06 seconds West and a chord distance of 47.37 feet to a point along the northern side of said Prickly Pear Drive, the point and place of beginning. CONTAINING 0.51 acres and being Lot No. 9 of the Final Subdivision Plan for Phase I of Hillcrest Farms West Subdivision of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. ALSO UNDER AND SUBJECT to any restrictions, easements and right-of-ways as recorded in Plan Book 86, Page 57. IMPROVEMENTS: Residential dwelling Tax ID #29-06-0021-187 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 12-5452. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of From: MVR Law To: 1-717-240-6573 Page: 3/4 Date: 5/2/2013 2:12:37 PM Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 Heather Riloff, Esquire/No. 309906 Attorney for Plaintiff 649 South Avenue, Unit 46 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONWIDE ADVANTAGE MORTGAGE COMPANY Plaintiff(s) From WILLIAM C.WASHINGTON,SR.AND BECKY S.WASHINGTON (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: 299,953.08 L.L.: $.50 Interest FROM 4/27/2013 TO 9/4/2013 AT 6%-$6,459.61 Atty's Comm: Due Prothy: $2.25 Atty Paid: $198.75 Other Costs: Plaintiff Paid: Date: 5Q/13 David D uell,Prothon to (Seal) By: Deputy XF REQUESTING PARTY: Name:HEATHER RILOFF,ESQUIRE Address: MARTHA E. VON ROSENSTIEL,P.C. 649 SOUTH AVENUE,UNIT#6 SECANE,PA 19018 Attorney for:PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No.309906 #30702CAM - DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY C- Plaintiff -.0a vs. NO: 12-5452 r-X co WILLIAM C. WASHINGTON, SR. AND Z: 27: BECKY S. WASHINGTON C:) Defendant(s) 4 C:) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Heather RIO ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on \S -Aq- 13 , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Y< Martha' E. Von Rose r st,U1, E quire r Heather Riloff, Esq Ul Attorneys for Plaintiff Name MARTHAE.VON ROSENSTIEL,P.C. ❑ Registered u Keturn Kecelpt g p i.� .O.r Attorne At Law for Merchandise Registered Mail: additional copies of this bill. Address 649 South Avenue, Unit 7 ❑ Insured ❑With Postal Insurance `s r � of Secane, PA. 19018 ❑ COD ❑ Int'I Recorded Del. In Without Postal Posfmark`and:Datetof Receipt _. _ S Insurance ender ' - - ❑ Certified ❑ Express Mail Rest DelEFee '..iE 2 4_i{,i _ Act. Ih- d� r.p `-J` VAY 24 L Article Name of Addresses, Street,and Handling Value Insured Due R.R. �S=D° ' k s:�H? z,P C^0 Line Number Post Office Address Postage Fee Charge If Value Sender Fee Fee Fee 9 If COD Remarks Regis.) Cumberland County Tax Claim 1 #30702 1 Courthouse Square Carlisle, PA. 17013 Cumberland Register of Wills 2 County Courthouse Carlisle, PA. 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division 3 U.S. Department of Justice OP.O. Box 227 v Washington, DC.20044 QPA Department of Revenue ` 4 Inheritance Tax Division, 0 P.O.Box 280601 Harrisburg, PA 17128 Family Court/Domestic Relations . 5 1 Courthouse Square Carlisle, PA. 17013 PA. Department of Revenue Bureau of Compliance 6 Attn:Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Department of Public Welfare 7 P.O. Box 2675 Harrisburg, PA. 17105 Occupants/Tenants 8 Lot 9 Prickly Pear Drive Carlisle, PA 17013 PA. Department of Revenue 9 Bureau of Individual Taxes o� P.O. Box 280603 c z Harrisburg, PA. 17128 e Members 1st Federal Credit 2b Union �� a 10 5000 Louise Drive slvllo Mechanicsburg, PA 17055 11 I Pnetmactar P Pr AY me o wiRa Emloveel I The full declaration of value is required on all domestic and international reaistered mail. The G C= 20702-DN AFFIDAVIT OF SERVICE PLAINTIFF: ' C= fT1 Nationwide Advantage Mortgage Company ;z; = v f"n COURT OF COMMON PLEAS D -.J CD DEFENDANT CurnbcrlmW COUNTY COURT NO. 12-5452 -- William C.Washington,Sr.and Becky S.Washington <CD --a C-3 'p C=) SERVE UPON: 3� i Becky S.Washington TYPE OF ACTION 3 PNckley Pear Drive Carlisle,PA 17013 XX WRIT OF EXECUTION and Notice of Sheriffs Sale SPECIAL INSTRUCTIONS:please serve defendant personalty Sheriffs Sate Date:1114!2013 or adult in charge of premises '"DEFTS CANNOT ACCEPT SVC FOR ONE ANOTHER" SE VED . Served and made known to Defendant, on the day of , 200 , at O'clock, M at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides_. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who or usual place of business. refused Other to give namelrelationshi . Description: Age Height Weight Race Sex Other 1 a competent adult,being duly swom according to law,depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day Of .20 Notary By; NOTSERVED On the 116 day of M�y 20 1 .at 5130 o'clock f__.M..Defendant NOT FOUND because: Moved Unknown No Answer Vacant x Coa MT PC—Si r)G C.W VAO� N7-j Time of Attempt: Result: Date of Attempt: Swore and subsyedibed m before me this�_T day of 20 Notary: By: ATTORNEY Martha E.Von Rosenstiel,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 FKIMBER Y fi10-328-2887 Y 7, 201 S r it ED-QI f"1%39702-DN AFFIDAVIT OF SERVICE tj i T H C P R 0 f H U 11�0 T A t i I PLAINTIFF:. t �j Nationwide Advantage Mortgage Company 2013 JUN 17 PM L*- 17 COURT OF COMMON PLEAS DEFENDANT Cumbcdand COUNTY William C.Washington,Sr,and Becky S.Washington COURT NO.. 12.5452 CUMBERLAND COUNT PENNSYLVANIA SERVE UPON: Becky S.Washington TYPE OFACTION Lot 9 Prickly Pear Drive XX WRIT OF EXECUTION and Notice of Sheriffs Sale Carlisle,PA 17013 SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:9 1412013 or adult in charge of premises"DEFTS CANNOT ACCEPT SVC FOR ONE ANOTHER" SERVE Served and made known to Defendant, on the day of 200 at o'clock M at Commonwealtb of Penasylvania, to the meaner described below: Defendant personally served. Manager/Clerk of place of lodging in which Adult familXmember with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendants office Adult in charge of Defendant's residence who or usual place of business. refused _ Other tD give name/relations Description: Age Height Weight Race Sex Other - 1 a competent adult,being duly sworn according to law,depose and state that I personally handed to a true and correct ropy of the WRIT OF EXECUTION and Notice of Sheriffs Sale Issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this_day day Of 20_. Notary: By: NOTSERVED Pay On the (6 day of— ------.20 (33,at 5.30 o'clock M.,Defendant NOT FOUND because: Moved Unknown No Answer Vacant Time of Attempt: Result: Date of Attempt: i Sworn to and subscribed before me this I b day of 1Fq v 20 aA-- NoTMy By- l ATTORNEY he E.Von Rosenstiel,P.G. &ABERL,Y G t URT]2018 9 South Avenue,Unit 6 ID #2295304 Secane,PA 19018 NOTARY PUBLIC 610-328-2887 STATE OF NEW JERSEY mmiss ion Expires March 7, v Process Server Check List If Service Is Made : Spouses Names if Applicable Wife Husband: Divorced: Yes ( ) No Ng.Service Made. 1 . Vacant : Yes ( ) No { 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact : Yes ( ) No Left Side : Right Side :. 4 . For Sale Sign: Yes ( ) No ( } Realtor Name : .......... Company Name : Phone Number: S . Car in Drive Way Yes ( ) No ( ) Plate Number: 'C ASS fip-wN0 WG—HQOi' 000 TS ONLY 1 Q[A1' O RcUu e P&LD o Ni 6990 S RiCr—LY fEAp- Qv�v6 , CA?-U S LG , (A. 1�u7 -trfe?-e ('s �,O 'H(�- LOT C= ZZ; 36_7902-Dtt AFFIDAVIT OF SERVICE CO C._- rq r.. PLAINTIFF: �y Nationwide Advantage Mortgage Company j r COURT OF COMMON PLEAS -G 3'' "'j CD� DEFENDANT Cumtxxland COUNTY r"" COURT NO. 12-5452 William C.Washington,Sr.and Becky S.Washington T C"S C:) 1V _ , g SERVE UPON: f'' William C.Washington,Sr. TYPE OFACTION Lot 9 Prickly Pear Drive XX WRIT OF EXECUTION and Notice of Sheriffs Sale Carlisle,PA 17013 -- SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:9 14121)13 or adult In charge of premises"DEFTS CANNOT ACCEPT SVC FOR ONE ANOTHER" SERVED Served and made known to Defendant, on the day of 200 at o'clock H., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Manager/Clerk of place of lodging In which Adult famiiy member with whom Defendant reeides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who or usual place of business. refueed Other to give name/relationshi . Description: Age Height Weight Race Sex Other I a competent adult,being duly swom according to law,depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale Issued in the captioned case on the date and at the address Indicated above. Sworn to and subscribed before me this day of .20; Notary: By: NOTSERVED On the SO day of M LL_._-_ .. _ 20, at o'dock .M.,Defendant NOT FOUND because: Moved Unknown _ . No Answer Vacant Time of Attempt: Result: Date of Attempt: t Sworn to and s --bed before me this da of _Notary: . .. Notary: By' ATTORNEY Martha E Von Rosenstiel,P.C. 649 South Avenue,Unit 6 r t�.�Y Secane,PA 19018 KIMBERLY G 610.328.2867 ID #2295304 NOTARY PUBLIC STATE OF NE es March T,2018 My Commission Exp 3ql?,02-DN AFFIDAVIT OF SERVICE P. PLAINTIFF: Nationwide Advantage Mortgagee Company COURT OF COMMON PLEAS rn DEFENDANT Curnbertand COUNTY = ' COURT NO. 124452 ..- William C.Washington,Sr.and Becky S.Washington SERVE UPON: p t'7 William C.Washington,Sr. TYPE OFACTfON C_ 3 Prickley Pear Drive 'M' - XX Carlisle,PA 17(113 WRIT OF EXECUTION and Notice of Sheriffs Sale � --s SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:91412013 or adult in charge of premises DEFTS CANNOT ACCEPT SVC FOR ONE ANOTHER" i,e4 }�,�,^ SERVED Served and made known to ""`V �m C` �f�Defendaat, on the da of 20d at o'clock, m., at Coaemoawealth of Pennsylvania, in the manner den ribed below: ' Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendants office Adult in charge of Defendant's residence who or usual place of business. refr,aed Other to give namefrelationshi . Description: Age 5 Height. __ Weight t S Race o'°'c_ Sex-,_Other a competent adult,being duty sworn according to law,depose and state that 1 personally handed to IN a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the captioned case on the date and at the address indicated above. Sworn to and sutiscribed before is G 12 da Girl/ ��BIERLY � CURTY Notary: By. ..... \ if? # 2953U4 NOT SE NOTARY PUBLIC STdl-d'E OF NEW JERSEY On the a 20,,at o'clock �M.,Defend dMW1w4%!r9d March 7, 2018 Moved Unknown No Answer Vacant Time of Attempt: Result: Date of Attempt: �1PM 1 Sworn to and subscribed before me this day of 200_ Notary: By. ATTORNEY Martha E.Von Rosenstiel,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 610.328-2687 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 NA ps PHONE: (215)546-7400 B&RFAX(215)985-0169 Services for Profeseioaab Inc. National Association of Philadelphia Association Professional Process Servers of Professional Process Servers Nationwide Advantage Mortgage Company COURT Court of Common Pleas of Pennsylvania -VS- , COUNTY Cumberland County William C. Washington, Sr. and Becky S. Washington CASE NUMBER 12-5452 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS104502-1 COUNTY OF PHILADELPHIA: Reference Number 30702 SERVICE INFORMATION On 18 day of July,2013 we received the Notice of Sheriff Sale for service upon Becky S.Washington at 12034 Chase Crossing Circle,Apt.202 Rockville, MD 20852 Special Instructions - rn cn 0 Served Date Time Accepted By: --e, C:> In the manner described below. 3�c`.) Personally served. = C� Adult family member. Relationship is –~ Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight Race Sex Other I_xl Not Served Date � 9' � Time�� T` Not Served Information Moved X Unknown F-1 No Answer F-] Vacant E:j Other The Process Server, being duly sworn, Sworn to and subscribed be ore me this deposes and says that the facts set forth herein are true and correct to the best of their t of knowledge, information and belief. ,�`�•�c Process Server/Sheriff : jNotaP Law Firm Phone (610)328-2887 For � Marquita Sadler SveBy to 814/2013 Martha E.Von Rosenstiel, P.C. :. t Filed Date 649 South Avenue Suite 7 ,; Sale Date 9/4/2013 Secane, PA 19018 ORIGINAL 199VC I E PRO THONG MARTHA E. VON ROSENSTIEL, P.C. ? Martha E. Von Rosenstiel, Esquire/No. 52634 ,31 .0 c EP 23 ?i I1: 09 Heather Riloff, Esquire/No. 309906 CLIP TERI_AND COUP Y 649 South Avenue, Suite 7 PENNSYLVANIA' Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY : CUMBERLAND COUNTY Plaintiff VS. : No: 12-5452 WILLIAM C. WASHINGTON, SR. AND : BECKY S. WASHINGTON • Defendants • MOTION FOR SPECIAL SERVICE Movant, by its counsel, Heather Riloff, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale and all subsequent notices upon the above captioned Defendant, Becky S. Washington by regular mail and certified mail to the Defendant's last known address, 3 Prickley Pear Drive, Carlisle, PA 17013 and by posting of the premises located at Lot 9 Prickly Pear Drive, Carlisle, PA 17013 (hereinafter "Subject Premises") and in support thereof avers the following: 1. The Plaintiff filed its Complaint in Mortgage Foreclosure against William C. Washington, Sr. and Becky S. Washington on or about August 31, 2012, for the Defendants' failure to make monthly mortgage payments due March 01, 2012. 2. On or about May 2, 2013 judgment was entered against William C. Washington, Sr. and Becky S. Washington and in favor of the Nationwide Advantage Mortgage Company. 3. On or about May 2, 2013, a writ of execution was issued listing the Subject Premises for the September 4, 2013, Cumberland County Sheriff's Sale which has been subsequently continued to November 6, 2013. 4. Plaintiff has been unable to serve the Notice of Sale upon Defendant, Becky S. Washington at Subject Premises and last know address, 3 Prickley Pear Drive, Carlisle, PA 17013. The Process Server's Affidavit of Service is attached hereto made part hereof and marked as Exhibit A. 5. Pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. 6. Plaintiff has been unable to serve the Notice of Sale upon Defendant, Becky S. Washington at possible address, 12034 Chase Crossing Circle, Apt. 202, Rockville, MD 20852. Per Process Server's Affidavit of Service is attached hereto made part hereof and marked as Exhibit B, Defendant no longer resides at this address. 7. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefore is attached hereto made part hereof and marked as Exhibit C. 8. Plaintiff alleges that a judge has not ruled on any other motion in this action. 9. The concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief WHEREFORE, as Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale and all subsequent notices by certified and regular mail to the Defendant(s)' and by posting of the Subject Premises. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: O Martha E. Von Rosens ie 144 Heather Riloff, Esquire Attorneys for Plaintiff Date: September 19, 2013 VERIFICATION HEATHER RILOFF, ESQUIRE, of full age, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing action; that she is duly authorized to make this verification on behalf of the Plaintiff; that she is fully familiar with the facts in this matter; and that the statements made in the foregoing Motion for Special Service are true and correct to the best of her information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: al, ' . I Martha E. Von Ros: Eel, Esq re Heather Riloff, Esqu e Attorneys for Plaintiff Dated: September 19, 2013 30702-Du AFFIDAVIT OF SERVICE PLAINTIFF: Nationwide Advantage Mortgage Company COURT OF COMMON PLEAS DEFENDANT Cumberland COUNTY William C.Washington,Sr.and Becky S.Washington COURT NO. 12-5452 SERVE UPON: Becky S.Washington TYPE OF ACTION 3 Prickley Pear Drive Carlisle,PA 17013 XMt WRIT OP EXECUTION and Notice of Sheriffs Sale SPECIAL.INSTRUCTIONS:please serve defendant personally or adult in charge of premises °DEFTS CANNOT ACCEPT Sheriffs Sale Date:&1412013 SVC FOR ONE ANOTHER"` SERVED Served and made known to Defendant. on the day of • 200 , at o'clock. . H.. at . commonwealth of Pennsylvania. in the aaaner deeeribed below: Defendant perpocally nerved. Manager/Clerk of place of lodging in which Adult family member with wham Defendant resides. Defendant resides_ Relationship is Agent or person in charge of Defendant's office Adult is charge of Defendant's residence who or usual place of business. refused Other to give namelrelationship. J Description: Age s Height Weight Race Sex Other I, ,a competent adult.being duly sworn according to law,depose and state that i personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the captioned case on the date and at the address Indicated above. Swam to and subscribed before me this day of " ,20 Notary: 6y; NOT SERVED On the 1C3 day of MI611r ,2O i3.at c=30 o clock .M.,Defendant NOT FOUND because: Moved Unknown No Answer Vacant x oce MIT' qesi CILO v 7"J Time of Attempt Result: Date et Attempt: Sworn to and substbed oeiorermJet this l day �� Notary: t 201); ay; � l 'C t l J ATTORNEY Martha E.Von Rosenstiel,P.C. • 649 South Avenue,Unit 6 KIMBERLY S CURTY setane,P 57ts { � 61610-328.2E57 2E2897 ID#22853041 NOTARY PUBLIC STATE OF NEW JERSEY My Commission Expires March 7, 2018 tz cx� "LITBIT 30/02-ON AFFIDAVIT OF SERVICE PLAINTIFF: Nationwide Advantage Mortgage Company COURT OF COMMON PLEAS DEFENDANT Cumberland COUNTY William C.Washington,Sr.and Becky S.Washington COURT NO. 125452 . SERVE UPON: Becky S.Washington TYPE OF ACTION Lot ii Prickly Pear Drive Carlisle,PA 17013 XX WRIT OF EXECUTION and Notice of Sheriffs Sale SPECIAL INSTRUCTIONS:please serve defendant personally sheriffs sole Dates/4/20?3 or adult In charge of premises"DEFTS CANNOT ACCEPT SVC FOR ONE ANOTHER"' SERVED Served and made known to Defendant. on the day of . 200 . at o'clock, . lf.. at , Commonwealth of Pennsylvania. in the manner described below: Defendant paraanal2v served. Manager/Cietk of place of lodging in which Adult faintly member with whom Defendant resides. DefendantTesides. Relationship is, Agent or person In charge of Defendant's office Adult in charge of Defendant'a residence who or usual place of business. refused Other to give name/relationship. Description: Aga Height Weight , Race Sex Other .a competent adult.being duly sworn according to taw,depose and stale that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,20___ Notary: By: NOT SERVED On the 1(3 day of I� I"'4( .2013.at C--"36 o'clock .M.,Defendant NOT FOUND because: Moved Unknown No Answer ts.K. Vacant Time of Attempt: Result: Date of Attempt: li Sworn to and subscribed before me this Ito day of .v ,2f0+» l sCeat- Notary: 8y: ' ,A ATTORNEY yr, a E.Von Rosenstiel,P.C. MBERLV C CURTY p+t9 South Avenue,Unit 6 -r� ID#2295304 > Secane,PA 19018 rri CO L. NOTARY PUBLIC 610-328-28B7 r STATE OF NEW JERSEY tsar` My Commission Expires March 7,2018 r c) • ....,` -_tom: 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 " PHONE:(215)546-7400 .B.&R FAX:(215)985-0169 - Services for Professionals Inc. National Association of Philadelphia Association Professional Process Servers of Professional Process Servers Nationwide Advantage Mortgage Company COURT Court of Common Pleas of Pennsylvania -vs- • COUNTY Cumberland County William C. Washington, Sr. and Becky S. Washington CASE NUMBER 12-5452 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CSI04502-1 COUNTY OF PHILADELPHIA: Reference Number 30702 SERVICE INFORMATION On 18 day of July, 2013 we received the Notice of Sheriff Sale for service upon Becky S.Washington at 12034 Chase Crossing Circle,Apt.202 Rockville, MD 20852 ***Special Instructions*** r---1 Served Date Time Accepted By: In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other • Description of Person Age Height Weight Race Sex Other gNot Served Date 0/3 Time �5( � L � `-G k�� .lam Not Served Information G Moved Unknown ( I No Answer I I Vacant I Other �4 Lade �`- u�c ,Z 4 � The Process Server, being duly sworn, Sworn to and subscribed b- ore me this deposes and says that the facts set forth herein are true and correct to the best of their - of j knowledge, information and belief. Process Server/Sheriff Nota riallirAtir Law Firm Phone (610)328-2887 For ' Marquita Sadler ServeBy - -te 8/4/2013 Martha E.Von Rosenstiel, P.C. • Filed Date 649 South Avenue Sale Date 9/4/2013 Suite 7 Secane, PA 19018 ORIGINAL --'"HI BIT. 1 «esvc LARRY DEL VECCHIO PROCESS SERVER FOR MARTHA E.VON ROSENSTIEL,P.C. P.O.BOX 344 CHALFONT,PA 18914 (215)491-4469 (215)491-4473 FAX Nationwide Advantage Mortgage Company COURT OF COMMON PLEAS • CUMBERLAND COUNTY • VS. • WILLIAM C.WASHINGTON,SR. NO. 12-5452 BECKY S.WASHINGTON LAST KNOWN ADDRESS:3 Prickley Pear Drive,Carlisle,PA 17013 FILE NUMBER:30702 AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT(Si I hereby certify that on July 18,2013,a good faith effort was made to discover the correct address of said defendant(s),by: 1. Inquiry of Postal authority; Postal authority states defendant's mail is delivered as addressed to property,3 Prickley Pear Dr. 2. Examination of local telephone directories,411 assistance and Internet records; William C.Washington,Sr.,3 Prickley Pear Dr.,(717)241-2616,adult female stated both defendants are at the property,3 Prickley Pear Drive. 3. Neighbor Contacts: Diana Hare, 1 Prickley Pear Dr.,(717)609-1215,left messages with no response. Brenda Wilkinson,4 Prickley Pear Dr.,(717)258-1746,left messages with no response. Jeffrey Bell,6 Prickley Pear Dr.,(717)241-5040,left messages with no response. 4. Tax Information: - Tax office has mailing address same as property,3 Prickley Pear Dr. 5. Death Records: - Social Security has no death records for defendant(s)name(s). 6. Voter Registration: Defendants are registered at property,3 Prickley Pear Dr. I certify that this information is true and correct to the best of my knowledge,information and belief. NOTARY PUBLIC: BY: Sworn to and described Larry Del Vecchio,Process Server before me this 4)5 y4_ day of vey 2013. /`keel CAX�tG%LP COMMONWEALTH OF PENNSYLVANIA NOTARY SEAL DAWN M.LU Warrington Twp.,Bucks ucks County My Commission Expires March 28.2015 EXHIBIT LARRY DEL VECCHIO PROCESS SERVER FOR MARTHA E.VON ROSENSTIEL,P.C. P.O.BOX 344 (215)491-4469 CHALFONT,PA 18914 FAX(215)491-4473 July 18,2013 Postmaster Carlisle, PA 17013 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Becky S. Washington Address: 3 Prickley Pear Dr. Carlisle,PA 17013 The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6(d)(1)and(2)and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting Pro Se-except a corporation acting Pro Se must cite statute: Process Server for Martha E.Von Rosenstiel, P.C.(Rule 400.1.b) 3. The names of all known parties to this litigation: Nationwide Advantage Mortgage Co. v. William C. Washington, Sr. & Becky S. Washington 4. The court in which the case has been or will be heard: Cumberland County,PA,Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 12-5452 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000.00 OR INPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. P.O.Box 344 LARRY DEL VECCHIO Chalfont,PA.18914 For Martha E.Von Rosenstiel,P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK NEW ADDRESS OR$OXHOLDER'S NAME AND PHYSICAL STREET AD RESS: d2( 1 #30702-CMS-MS MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY : CUMBERLAND COUNTY • Plaintiff VS. : No: 12-5452 WILLIAM C. WASHINGTON, SR. AND : BECKY S. WASHINGTON • Defendants BRIEF IN SUPPORT OF ITS MOTION FOR SPECIAL SERVICE Movant, by its counsel, Heather Riloff, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale and all subsequent notices upon the above captioned Defendant, Becky S. Washington by regular mail and certified mail to the Defendant's last known address, 3 Prickley Pear Drive, Carlisle, PA 17013 and by posting of the premises located at Lot 9 Prickly Pear Drive, Carlisle, PA 17013 (hereinafter"Subject Premises") and in support thereof avers the following: I. FACTS The Plaintiff filed its Complaint in Mortgage Foreclosure against William C. Washington, Sr. and Becky S. Washington on or about August 31, 2012, for the Defendants' failure to make monthly mortgage payments due March 01, 2012. On or about May 2, 2013 judgment was entered against William C. Washington, Sr. and Becky S. Washington and in favor of the Nationwide Advantage Mortgage Company. On or about May 2, 2013, a writ of execution was issued listing the Subject Premises for the September 4, 2013, Cumberland Sheriff's Sale which has been subsequently continued to November 6, 2013. II. ARGUMENT Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. The Court in Romeo v. Looks, 369 Pa. Super 608 (1982) stated that "Before resort to substituted service maybe had, however, a plaintiff must have demonstrated a good faith effort to locate the defendant through more direct means." An illustration of good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examination of local telephone directories, voter registration records, local tax records, and motor vehicle records. Kittanning Coal Co., Inc. v. International Mining Co.,lnc. 551 F. Supp. 834 (1982), Romeo v. Looks, 369 Pa. Super 608 (1987). As set forth in the Process Server's Affidavit of Service, marked Exhibit A & B, the Process Server has been unable to serve the Notice of Sale after several attempts. A good faith effort to discover the whereabouts of the defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation marked Exhibit C. The Plaintiff submits that it has made a good faith effort to locate and serve the Defendant(s) and has been unable to do so. WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale and all subsequent notices by certified and regular mail and by posting of the Subject Premises by the Sheriff. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY.•► P. I III Martha E. Von Ros-11W ire Heather Riloff, Esqu " Attorneys for Plaintiff Date: September 19, 2013 #30702-CMS-MS MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff NATIONWIDE ADVANTAGE MORTGAGE: COURT OF COMMON PLEAS COMPANY : CUMBERLAND COUNTY • Plaintiff • VS. : No: 12-5452 WILLIAM C. WASHINGTON, SR. AND : BECKY S. WASHINGTON • • Defendants CERTIFICATE OF SERVICE Heather Riloff Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion for Special Service, brief in support thereof, attached exhibits, notice of presentation and proposed order in the above matter was made upon the following: William C. Washington, Sr. and Becky S. Washington 3 Prickley Pear Drive, Carlisle, PA 17013 by regular first class mail, postage prepaid, deposited with the United States Postal Service on 9/19/2013. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ros n ie , Esquire Heather Riloff, Esquire Attorneys for Plaintiff Dated: September 19, 2013 M1 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NATIONWIDE ADVANTAGE MORTGAGE: COMPANY Plaintiff No: 12-5452 VS. WILLIAM C. WASHINGTON, SR. AND BECKY S. WASHINGTON Defendants ORDER AND NOW, this 2L*day of.Te�►�*�'r , 2013, upon consideration of Plaintiffs Motion for Special Service and any response thereto (if any), it is hereby: ORDERED and DECREED that Plaintiff may obtain service on Becky S. Washington by mailing a true and correct copy of the Notice of Sale and all subsequent notices by certified mail and regular, first class mail at the last known address of 3 Prickley Pear Drive, Carlisle, PA 17013 and by posting of Lot 9 Prickly Pear Drive, Carlisle, PA 17013. BY THE COURT: J. rim !f? ni U) Uo ;1",L t• x ca � r� v f t 4/.2 G`« SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r Jody S Smith " ' Chief Deputy f `CT -3 MI I '' R 2 Richard W Stewart ^U : ER -r:e ) COUNTY T Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA • Nationwide Advantage Mortgage Company vs. Case Number William Charles Washington, Sr(et al.) 2012-5452 SHERIFF'S RETURN OF SERVICE 06/24/2013 05:35 PM -Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at Lot 9 Prickley Pear Drive, North Middleton -Township, Carlisle, PA 17013, Cumberland County. 09/04/2013 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 10/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,240.01 SO ANSWERS, October 07, 2013 RONR ANDERSON, SHERIFF 93 q) A 94,56-7 (c)CounySuuite Sheriff Teleesoft,Inc LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-5452 Civil Term Prickly Pear Drive,South 61 degrees 08 minutes 11 seconds West, a dis- NATIONWIDE ADVANTAGE tance of 56.81 feet to a point;thence MORTGAGE COMPANY continuing along same by a curve to vs. the left, having a radius of 200.00 feet,an arc length of 47.78 feet,with WILLIAM CHARLES WASHINGTON, a chord bearing of South 54 degrees SR.,Becky S.Washington 20 minutes 06 seconds West and a Atty.: Martha E.Von Rosenstiel chord distance of 47.37 feet to a point ALL THAT CERTAIN unimproved along the northern side of said Prickly tract of land situate in North Middle- Pear Drive, the point and place of ton Township, Cumberland County, beginning. Pennsylvania, being more fully CONTAINING 0.51 acres and be- bounded and described according to ing Lot No.9 of the Final Subdivision a Final Subdivision Plan for Phase I Plan for Phase I of Hillcrest Farms of Hillcrest Farms West,prepared by West Subdivision of the Final Sub- R.J.Fisher&Associates,Inc.,being division Plan for Phase I of Hillcrest recorded in the Office of the Recorder Farms West,prepared by R.J.Fisher of Deeds in and for Cumberland &Associates,Inc.,being recorded in County,Pennsylvania,in Plan Book the Office of the Recorder of Deeds in 86,Page 57, as follows: and for Cumberland County, Penn- BEGINNING at a point along the sylvania,in Plan Book 86,Page 57. northern side of a 50.00 foot right- UNDER AND SUBJECT to the of-way known as Prickly Pear Drive Declaration of Covenants, Reserva- at the dividing line between Lots Nos. tions and Restrictions as recorded in 8 and 9 of the hereinafter mentioned Misc.Book 693, Page 333. subdivision plan, thence continu- ALSO UNDER AND SUBJECT ing along said dividing line, North to any restrictions, easements and 46 degrees 45 minutes 43 seconds right-of-ways as recorded in Plan West, a distance of 133.71 feet to a Book 86,Page 57. point along the dividing line between IMPROVEMENTS: Residential Lots Nos.9 and R2 of the hereinafter dwelling. mentioned subdivision plan; thence Tax Parcel#29-06-0021-187. continuing along said dividing line, TITLE TO SAID PREMISES IS North 04 degrees 31 minutes 27 VESTED IN William C. Washington, seconds East, a distance of 52.73 Sr.and Becky S.Washington h/w,by feet to a point along the dividing line Deed from Don E.Backenstow,mar- between Lots Nos. 9 and 11 of the lied man,by Michael A. Scherer,his hereinafter mentioned subdivision agent, dated 10/28/2004, recorded plan; thence continuing along said 11/01/2004 in Book 266,Page 15. dividing line, North 61 degrees 08 minutes 11 seconds East,a distance of 110.42 feet to a point along the dividing line between Lots Nos. 9 and 10 of the hereinafter mentioned subdivision plan; thence continu- ing along said dividing line, South 28 degrees 51 minutes 49 seconds East, a distance of 174.00 feet to a point along the northern side of said Prickly Pear Drive; thence continu- ing along the northern side of said 118 • 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 26, August 2 and August 9, 2013 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. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 110 . �.i d dA /• Notary ...,,�.m.n�.,. KTArl lfi L `.`ire -- DE3 AH A COOI.LUNS Notary Pch!i;,• tiR!_1SLE€IOnOLGH.CU AB``FLAND COMITY' y ".1y Comrrrission ExOres Apr 28, 2014 The Patriot-News Co. patnotXtws 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Michael J. Morrow, being duly sworn according to law, deposes and says: 1 That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. -T This ad ran on the date(s)shown below: 2012-5452 Civil Term 07/28/13 NATIONWIDE ADV AGE I MORTGAGE COMP vs. 08/04/13 1 I WILLIAM CHAR 08/11/13 � WASHINGTON. Becky S.Washington t1 ,£ At1y; Martha E.Von Magnets' l— IZ ALL THAT CERTAIN unimproved tract of L'I land situate in North Middleton Township, 'Q Cumberland County, Pennsylvania, being e_ of August, 2013 A.D ma more fully hounded and described according Sworn to - d subscr fore me th 23 rO to a Final Subdivision Plan for Phase I of , 1 i n[ Hillcrest Farms West,prepared by R.J.Fisher r • ' f & Associates, Inc., being recorded in the �'� _ — '— S Office of the Recorder of Deeds in and for , ; _ • I Cumberland County,Pennsylvania,in Plan 1 Book 86,Page 57,as follows: BEGINNING at a point along the northern side of a 50.00 foot fight-of-way known - H r f ` -1 as Prickly Pear-Drive at the dividing line i t' f ,. between Lots Nos.8 and 9 of the hereinafter # Ho Of twin W `t',?l, .ry Pubic mentioned subdivision plan, thence i W? t w 3ton Tvs. -;.phin County r continuing along said dividi„o lire,North L My Commission f' ;Dec.12,2016 46 degrees 45 minutes 43 seconds West,a tiff ncri r.vnut tttrotlorNorI''UFS distance of 133.71 feet to a point along the dividing line between Lots Nos.9 and R2 of 30702- CPG-RD MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 "-_ c� Attorneys for Plaintiff : COURT OF COMMON PLEAS r=-,c c NATIONWIDE ADVANTAGE MORTGAGE: Cumberland COUNTY o c` Plaintiff : No: 12-5452 3› r.„) vs. WILLIAM C. WASHINGTON, SR. AND : BECKY S. WASHINGTON Defendants PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly withdraw the judgment in the above-referenced action and mark this action discontinued and ended without prejudice. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: '■--N-- Martha E. Von Rosen tie , . •u' e Heather Riloff, Esquire Attorneys for Plaintiff Dated: October 04, 2013 e,,CA4--(i O LIb5