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HomeMy WebLinkAbout05-0514PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 V. DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM n NO. O S' - C-1 l t c?c C £rL? CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #. 109341 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 4: 109341 Plaintiff is WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/23/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1697, Page: 123. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 109341 6. The following amounts are due on the mortgage: Principal Balance $43,755.71 Interest 4,731.00 03/01/2004 through 01/26/2005 (Per Diem $14.25) Attorney's Fees 1,250.00 Cumulative Late Charges 230.57 04/23/2001 to 01/26/2005 Cost of Suit and Title Search 550.00 Subtotal $ 50,517.28 Escrow Credit 0.00 Deficit 2,589.12 Subtotal $ 2,589.12 TOTAL $ 53,106.40 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 53,106.40, together with interest from 01/26/2005 at the rate of $14.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG LLP By: / /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLIN AN, ESQUIRE Attorneys for Plaintiff File #: 109341 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lot #5 and 49 on the below plan with the dedicated right-of-way line (the pin also being located for reference purposes only North 89 degrees 28 minutes 18 seconds East 50.02 feet, as measured by the right-of- way line from lands now or formerly of Walter H. Gantz); thence departing from Lot 45 and extending along the Seaver Road right-of-way line, North 89 degrees 28 minutes 18 seconds East 168.74 feet to a steel pin on the right-of-way line at Lot 42; thence departing from the Seaver Road right-of-way line and extending along Lot #2, South 01 degrees 45 minutes 00 seconds East 315.00 feet to a steel pin at Lot #3 on the below plan; thence extending along Lot #3, South 89 degrees 28 minutes 18 seconds West 168.74 feet to a steel pin at Right-of-Way'A', which is part of Lot #5 on the plan; thence extending along the right-of-way and Lot #5, North 01 degrees 45 minutes 00 seconds West 315.00 feet to a steel pin set on the southernmost dedicated right-of-way line of Seaver Road; said pin marking the place of beginning. CONTAINING 1.220 acres and being designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT to the conditions and restrictions set forth in Deed Book 330, page 254. BEING the same premises which, by its Deed dated January 27, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Deed Book 33-U, page 254, Harmon-Graves Company granted and conveyed unto Dino H. Rabanal and Lee Ann Rabanal, Grantors herein. Being No. 50 Seaver Road Pile 9 109341 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. O Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: A 1,. ?..::5 s L? rro SHERIFF'S RETURN - REGULAR CASE NO: 2005-00514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS RABANAL DINO H SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RABANAL DINO H the DEFENDANT , at 1529:00 HOURS, on the 31st day of January , 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DINO H. RABANAL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this day of J.'?Vt.cuto.., J00.?? A. D. V b/P onotary ' So Answers: R. Thomas Kline 1 02/01/2005 PHELAN HALLINAN SCHMIEG By: ??(/YVn(/"Yi? ?? "' Deputy Sheriff PLAINTIFF DEFENDANT(S) SERVE AT AFFIDAVIT OF SERVICE WM SPECIALTY MORTGAGE, LLC DINO H. RABANAL DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY PJT No. 05-514 CIVIL TERM ACCT. #0020670503 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER V 2005 {n 1I SERVED Served and made known to QI fJ 1\c? YJ a ?a `, Defendant, on the day of at o'clock m., at ?] U SPye Y\? , ?2 J J ??\ P of Pennsylvania, in the manner described below: _\?_Defendam personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I i ? Descri tion: A e Hei ht rr o p g/ g Weight `J Race W Sex Other f/ ?te_ I, v f Q-1 f - GYC? competent adult, being duly sworn according to law, depose and state that a true and correct copy of the Notice of Sherifrs Sale in the manner as set forth herein, issued in the captioned case the address indicated above. Sworn to and subscnh?eed LUCIW before a this 4 d Letterkenn of 4412 -5 Notary: 200 ) My Ctxnrrd LEAS ATTEMPTuI By: ?TE TR VIC AT LEAST 3 TIMES. INDICATE, ATE,. .. OR SRRVr!'F NOTSERVED 1_/ On the day of 200. at o'clock _.M., Defendant NOT FOUND _ Moved _ Unknown _ No Answer Vacant 1" Attempt: Time: 2°d Attempt: / / Th 3rd Attempt: ___Z / Time: Sworn to and subscribed before me this day of 200. Notary: By: \'_ 200 5- eS personally handed m the date and at N ,_=PublC county I; Nov. 10, 2001 Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 r- ? i 1 t t`J C J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET, SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DINO H. RABANAL Defendant(s). CIVIL DIVISION NO. 05-514 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DINO H. RABANAL and Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/27/05 to 3/9/05 TOTAL $53,106.40 $ 598.50 $53,704.90 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: 02 ate. iq, R60 S INDICAT D. PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinaa, Esq., Id. No. 62695 Daniel G. Schmieg, Esq , Id. No. 62205 Philadelphia, PA 19103 WM SPECIALTY MORTGAGE, LLC Plaintiff Vs. DINO H. RABANAL Defendants TO: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 DATE OF NOTICE: FF,RRIIARV 2a. 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-514 CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTR L IS SI N'I 'LO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, MlU ON]_'r AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAPAN( E 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 D-? Ys IRON I TILE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAR W G AM) ) 011 MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDF. YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 7 0 4 (^?? } 'l '. 7 ?y PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE, LLC Plaintiff, v. DINO H. RABANAL CUMBERLAND COUNTY COURT OF COMMON PLEAS Defendant(s). CIVIL DIVISION NO. 05-514 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff ?_, ?ti - ?? " 77 T -n Jttr::' `rJ 'i, :_ ?_,? ,-; .. y Y tJi d PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET, SUITE 100 Plaintiff, V. DINO H. RABANAL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DINO H. RABANAL is over 18 years of age and resides at, 50 SEAVER ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i) / 7 Z17 Z DANIEL G. SCHMIEG, ESWRE Attorney for Plaintiff ? C ?. t f ?... r:A ? 1; (? (r ?V. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W M SPECIALTY MORTGAGE, LLC Plaintiff, V. No. 05-514 CIVIL TERM DINO H. RABANAL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $53,704.90 Interest from 3/9/05 to SEPTEMBER 7, 2005 $1,607.06 ais (per diem -$8.83) TOTAL $55,311.96 DANIEL G. SCHMIEG, ES One Penn Center at Suburban S' 1617 John F. Kennedy Bouleva00 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the %f the plaintiff. It may not be sold in the absence o_fpQn-_?ve of the plaintiff at the Sheriff's Sale. The sale n ci stayed in the event that a representative of th(Is not present at the sale. w. o; w? v 0.ai v? r vw Q? ti !,y S Q 1 Q 0? Q do ti ?v 1 a o? gw ? w? a? w N ti ti; I 4o . vti I" V LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in the Township of Penn. County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the Southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lou #5 and #9 on the hereinafter mentioned plan with said dedicated right-of-way line (said pin also being located for reference purposes only North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (t8) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right-of-way line from lands now or formerly of Walter H. Gamtzl; thence departing from Lot #5 and extending along the Seaver Road right-of-way line. North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) send East, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way and extending along Lot #2, South one (1) deg= forty-five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steed pin at Lot #3 on the hereinafter mentioned plan; thence extending along Lot #3, South eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds West, for a distance of one huudted sixty-eight and seventy-four hundredths (168.74) feet to a steel pin at Right-of-Way 'A", which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (t) degree forty-five (45) minutes zero (00) seconds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin set on the Southetnnost dedicated right-of-way of Seaver Road; said pin marking the place of beginning. BEING designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, at page 108. TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal by Deed from Dino H. Rabanal and Lee Ann Rabanal, husband and wife dated 1112112000 and recorded 4130/2001, in Book 243 Page 632. TAX PARCEL # 31-12-330-41 PREMISES BEING: 50 SEAVER ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-514 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC., Plaintiff (s) From DINO H. RABANAL (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $53,704.90 L.L. $.50 Interest FROM 3/9/05 TO 9/7/05 (PER DIEM - $8.83) - $1,607.06 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: MARCH 14, 2005 CURTIS R. LONG Prothonota? ?yy) (Seal) LBy?? (? Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 WM SPECIALTY MORTGAGE, LLC Plaintiff, V. DINO H. RABANAL Defendant(s). NO. 05-514 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,50 SEAVER ROAD. NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name DINO H. RABANAL Last Known Address (if address cannot be reasonably ascertained, please indicate) 50 SEAVER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRANSAMERICA FINANCIAL 2555 KINGSTON BOULEVARD #140 CONSUMER DISCOUNT COMPANY YORK, PA 17402 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 SEAVER ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 9, 2005 i' ??' ?/ DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff r-? r _, c-a .. u'; ,' -r) .? T '?7 i5 ? -_-. ,' :!: ?`si C )i WM SPECIALTY MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, V. No. 05-514 CIVIL TERM DINO H. RABANAL Defendant(s). March 9, 2005 TO: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS ISNOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 50 SEAVER ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $53,704.90 obtained by WM SPECIALTY MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in the Township of Penn. County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the Southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoin" of Lots #5 and #9 on the hereinafter mentioned plan with said dedicated right-of--way line (said pin also being located for reference purposes only North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right-of-way line from lands now or formerly of Walter H. Gaatzl; thence departing from Lot #5 and extending along the Seaver Road right-of-way line. North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) second Fast, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way and extending along Lot #2, South one (1) degree forty-five (45) minutes zero (00) seconds Fast, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin at Lot #3 on the hereinafter mentioned plan: thence extending along Lot #3, South eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds West, for a distance of one hundred sixty-eight and scventy-four hundredths (168.74) feet to a steel pin at Right-of-Way 'A", which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (1) degree forty-five (45) minks zero (00) seconds West, for a distance of three hundred fifteert and no hundredths (315.00) feet to a steel pin set on the Southernmost dedicated right-of-way of Seaver Road; said pin marking the place of beginning. BEING designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, grown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, at page 108. TITLE M SAID PREMISES IS VESTED IN Dino H. Rahanal by Deed from Dino 11. Rabanal and Lee Ann Rabanal, husband and wife dated 1112112000 and recorded 4(3012001, in Book 243 Page 632. TAX PARCEL # 31-12-330-41 PREMISES BEING: 50 SEAVER ROAD, NEWVILLE, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WM SPECIALTY MORTGAGE, LLC VS. DINO H. RABANAL CIVIL DIVISION NO. 05-514 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WM SPECIALTY MORTGAGE, LLC hereby verify that on 3/11/05 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 4, 2005 DANIEL G. Attorney for WM SPECIALTY MORTGAGE, LLC V. DINO H. RABANAL CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION Defendant(s). NO. 05-514 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 50 SEAVER ROAD, NEWVILLE, PA 17241, 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot ht reasonably ascertained, please indicate) TRANSAMERICA FINANCIAL 2555 KINGSTON BOULEVARD #140 CONSUMER DISCOUNT COMPANY YORK, PA 17402 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot i;.; reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property ari r, interest may be affected by the sale. Name Last Known Address (if address cannot ` c reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who ha, w st in the property which may be affected by the sale: Name Last Known Address (if address cannc n.. reasonably ascertained, please indicate Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 SEAVER ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best knowledge or information and belief. I understand that false statements herein are maJ penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 9. 2005 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff v o w N '? r A U tP o k .n N e O x ?n b. o? ?g Y r en .y 3 n N °^ ,a r 1 ?O 0 82 ' ??y s??n A?j ? w t 6 lilt c g? g T no ro? y ? n ? "l T y 1 b r, o O y a ? j 9 ? cn ? c K? o 9 m Y"' i n??. C7 ? ? 'eatie o ' 0 "d O M A ? L y n ? ? Q Q O O y ? G ? ? o J W °? G ?' -?a ? c? ?' ? ? ? ?? ,s> ? k 9 "_ ? ? py ? ?g ? ? ? ?, N WM Specialty Mortgage, LLC The Court of Common Pleas of VS Cumberland County, Pennsylvania Dino H. Rabanal Writ No. 2005-514 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2005 at 6:56 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Dino H. Rabanal, by making known unto Dino Rabanal, personally, at 50 Seaver Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossett, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2005 at 5:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dino H. Rabanal, located at 50 Seaver Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Dino H. Rabanal, by regular mail to his last known address of 50 Seaver Road, Newville, PA 17241. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 21.32 Posting Handbills 15.00 Advertising 15.00 Prothonotary 1.00 Law Library .50 Mileage 16.00 Certified Mail 4.25 Levy 15.00 Surcharge 20.00 Law Journal 515.00 Patriot News 396.20 Share of Bills 18.20 Postpone Sale 20.00 $1087.47 Sworn and subscribed to before me This dv ` day of E , 2005, A.D. Proth t / So Answers R. Thomas Kline, S? heriff BY? Real ?Estat Sergeant ?v ^?:. spa r9 WM SPECIALTY MORTGAGE, LLC Jr Plaintiff, V. DINO H. RABANAL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,50 SEAVER ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRANSAMERICA FINANCIAL 2555 KINGSTON BOULEVARD #140 CONSUMER DISCOUNT COMPANY YORK, PA 17402 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 SEAVER ROAD NEW VILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 7 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 9. 2005 > DATE DANIEL G. SCHMIEG, ESQ E Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC Plaintiff, V. DINO H. RABANAL Defendant(s). CUMBERLAND COUNTY No. 05-514 CIVIL TERM March 9, 2005 TO: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 50 SEAVER ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53,704.90 obtained by WM SPECIALTY MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. l You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in the Township of Penn. County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the Southertnmost dedicated right-of-way line of Seaver Road (T-347), said pin marling the common point of adjoiner of Lots #5 and 09 on the hereinafter mentioned plan with said dedicated right-of-way line (said pin also being located for reference purposes only North eighty-nine (89) degrees twenty-eight (28) minces eighteen (18) seconds East, a distance of fifty and two hundredths (30.02) feet, as measured by said right-of-way line from lands now or formerly of Walter H, Gantzl; thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) second East, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2; thence departing from the Seaver Road fight-of-way and extending along Lot 92, South one (1) degree forty-five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin at Lot #3 on the hereinafter mentioned plan; thence extending along Lot #3, South eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds West, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin at Right-of-Way 'A", which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (1) degree forty-five (45) minutes zero (00) seconds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin set on the Southernmost dedicated right-of-way of Seaver Road; said pin marking the place of beginning. BEING designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, at page 108. TITLE TO SAID PREMISES IS VESTED IN Dirty H. Rabanal by Deed from Ditty H. Rabanal and Lee Ann Rabanal, husband and wife dated 11121/2000 and recorded 4130/2001, in Book 243 Page 632. TAX PARCEL # 31-12-330-41 PREMISES BEING: 50 SEAVER ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-514 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC., Plaintiff (s) From DINO H. RABANAL (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $53,704.90 L.L. $.50 Interest FROM 3/9/05 TO 9/7/05 (PER DIEM - $8.83) - $1,607.06 AND COSTS Arty's Comm % Due Prothy $1.00 AttyPaid $110.00 Other Costs Plaintiff Paid Date: MARCH 14, 2005 CURTIS R. LONG Prothonotary ?j (Seal) By: L Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #12 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 50 Seaver Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By: j((?q-)kvu( ) Real Estate Deputy zs :01 d 5 ? tinw soot PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1-1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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, July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L sa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 29 day of July. 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public C a6sle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 12 Writ No. 2005-514 Civil WM Specialty Mortgage, LLC vs. Dino H. Rabanal Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in the Township of Penn, County of Cumberland, and Commonwealth of Pennsylvania, be- ing more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the Southernmost dedicated right- of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lots #5 and #9 on the hereinafter mentioned plan with said dedicated right-of-way line (said pin also being located for reference pur- poses only North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right-of- way line from lands now or formerly of Walter H. Gautzi; thence depart- ing from Lot #5 and extending along the Seaver Road right-of-way line, North eighty-nine (89) degrees twen- ty-eight (28) minutes eighteen (18) second East, for a distance of one hundred sixty-eight and seventy- four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2, thence departing from the Seaver Road right-of-way and ex- tending along Lot #2, South one (1) degree forty-five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hun- dredths (315.00) feet to a steel pin at Lot #3 on the hereinafter men- tioned plan; thence extending along Lot #3, South eighty-nine (89) de- grees twenty-eight (28) minutes eigh- teen (18) seconds West, for a dis- tance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin at Right-of-Way "A", which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (1) degree forty-five (45) minutes zero (00) sec- onds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin set on the Southernmost dedicated right- of-way of Seaver Road; said pin °`°°' ' nlacc of beQSnning. a final designated as Lot #9 on Plan of subdivision of Penn Hills Prepared for Harmon-Graves Company by Mort, Brown and As_ s 198ociates, dated September 29, , and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56 at page 108. TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal by Deed from Dino H. Rabanal and Lee All Rabanal, husband and wife dated 11/2I/2000 and recorded 4/ 30/2001, in Book 243, Page 632. TAX PARCEL NO. 31-12-330-41. PREMISES BEING: 50 SEAVE}2 ROAD, NEWVILLE, PA 17241. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in 7M'11aneous Book "M", Volume 14, Page 317. 2 TJ. PUBLICATION ........... COPY Sworn to and SALE #12 before 71 his 16th day of p??C NOTA'KY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 396.20 REAL ESTATE SALE No. 12 Writ No. 2005514 CIVIITerm WM SpeClelty Mortgage, LLC Val Dino K Rabanal Arty: DanIM SChmieg DESCRf"ON ALL THAT CEUA& nett of land, togober with improveDxms thacon aerated, an situate in the Township of pan., Co m y of CLmberkmd, and Commonwealth of Rmsylvama, being more put titularly boarded and described as follows, m wit: BEGINNING at a steel pin set on the Southernmost dedicated rightof-way line of Seaver Road (T-347), said pro marking the common point of adjoins of Lots #5 and #9 on the hereinafter mmtioued plan with said dedicated nghe-of-way Ime (said pm also hung located for reference purpmes only Nor& eighty nice (89) degrees twenty eight (2j) minutes eighteen (18) seconds East, a dismdig of fifty and two- bm&Wft (50.02) feet, m measured by saidright- of-way bar from lands now or famaly of Walter H. Gaotzl; dance deperung from Lm #5 and extending along the. Seaver Road nghtof-way lim North eighty nine (89) degrees twenty eight (28) minutes eighteen (18) seconds Ease, for a distance of one hundred sixty eight and seventy font hundredths (169.74) fed to a steel 0 on said right-of-way line at Lot #2; thence departing from the Seaver Road n*4--way and extending along La #2, South one (1) degree forty five (45) minutes coo (00) seconds bass. for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin ar La #3 on the hereinafter Mimed plan; thence eateading along Lot #3, South eighty mice (89) degrees twenty night (28) minutes eighteen (I8) seem& %sS for a distance of one hundred suety eight *I seventy true- hundredths (168.74) feet to a steel pin arRightof- Way "A", which is pin of Lot #5 on the hereinafter mentioned plan; thence extending along said rilds-of-way and Lot #5, North one (1) delta forty five (45) minuma zero (W) seconds West, for a disrmce of three hundred lift= and no-6uodndlhs (315.00) fed to a steel pm set on the Southernmost dedicated ngldofway of Seaver Road; said pro marking the place of BEGINNING. BEING designated as Lot #9 on a final plan of subdivision of Peon fits prepared for Hamro- Graves Company by Mat, Brwv and Associates, dated September 29, 1988, and recorded in the Office of the Records of Deeds to and for Cumberland County, Pennsylvania in Nan Book 56, at page 108. 1, 1 TIME TO SAID PREMISES is vested in Dim H. Rabmal by Dad from Dino H.Rabmai and Lee Am Rabanal, husband and wife, dated 11211 2000 ad recorded 4fAMI, in Book 243, Page 632. Tax Parcel # 31-12-330-01. PREMISES BEING: 50 SeavvvRoad, Neuville, PA 17211. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WM SPECIALTY MORTGAGE, LLC Plaintiff, V. No. 05-514 CIVIL TERM DINO H. RABANAL . Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $53,704.90 Interest from 3/9/05 to MARCH 7, 2007 $6,428.24 and Costs (per diem -$8.83) TOTAL $60,133.14 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. o wa a ? ? w a w? 0 O wa,, E" H w P w ? O O Z, ? U ?v <t N d a n a a P ? a d w CJ (24 C-i "ci Cli ,;?3 fl J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC., Plaintiff (s) From DINO H. RABANAL (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 $53,704.90 L.L. Interest FROM 3/9/05 TO 3/7/07 (PER DIEM - $8.83) -- $6,428.24 AND COSTS Atty's Comm % Atty Paid $209.97 Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) Due Prothy $1.00 Other Costs `C Curtis R. Long, Pr notary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lot #5 and #9 on the H plan with the dedicated right-of-way line (the pin also being located for reference purposes only North 89 degrees 28 minutes 18 seconds East 50.02 feet, as measured by the right-of-way line from lands now or formerly of Walter H. Gantz); thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North 89 degrees 28 minutes 18 seconds East 168.74 feet to a steel pin on the right-of-way line at Lot 92; thence departing from the Seaver Road right-of-way line and extending along Lot 42, South 01 degrees 45 minutes 00 seconds East 315.00 feet to a steel pin at Lot #3 on the below plan; thence extending along Lot #3, South 89 degrees 28 minutes 18 seconds West 168.74 feet to a steel pin at Right-of-Way 'A', which is part of Lot #5 on the plan; thence extending along the right-of-way and Lot #5, North 01 degrees 45 minutes 00 seconds West 315.00 feet to a steel pin set on the southernmost dedicated right-of-way line of Seaver Road; said pin marking the place of beginning. CONTAINING 1.220 acres and being designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT to the conditions and restrictions set forth in Deed Book 330, page 254. BEING the same premises which, by its Deed dated January 27, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Deed Book 33-U, page 254, Harmon-Graves Company granted and conveyed unto Dino H. Rabanal and Lee Ann Rabanal, Grantors herein. Being No. 50 Seaver Road, Newville, PA 17241 Parcel No. 31-12-0330-04-1 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal by Deed from Dino H. Rabanal and Lee Ann Rabanal, husband and wife, dated 11/21/2000 and recorded 4/30/2001, in Book 243 Page 632. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC Plaintiff, V. DINO H. RABANAL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C'1 -n C. ?, ? ? ?? -? ?f p c- ? rs-?? ? ? Q :? " .? ?_ r= =- ? ? -?, ??,? ? ? _ ? ? ? y ? WM SPECIALTY MORTGAGE, LLC . Plaintiff, . V. DINO H. RABANAL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,50 SEAVER ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name DINO H. RABANAL Last Known Address (if address cannot be reasonably ascertained, please indicate) 50 SEAVER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None A V 'o. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRANSAMERICA FINANCIAL 2555 KINGSTON BOULEVARD #140 CONSUMER DISCOUNT COMPANY YORK, PA 17402 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 SEAVER ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 18, 2006 , DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff n ?g O -n -U C- c::> Y. to 5 WM SPECIALTY MORTGAGE, LLC Plaintiff, V. DINO H. RABANAL Defendant(s). CUMBERLAND COUNTY No. 05-514 CIVIL TERM October 18, 2006 TO: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF ALIEN AGAINST PROPERTY." Your house (real estate) at, 50 SEAVER ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53,704.90 obtained by WM SPECIALTY MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. w You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lot #5 and #9 on the H plan with the dedicated right-of-way line (the pin also being located for reference purposes only North 89 degrees 28 minutes 18 seconds East 50.02 feet, as measured by the right-of-way line from lands now or formerly of Walter H. Gantz); thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North 89 degrees 28 minutes 18 seconds East 168.74 feet to a steel pin on the right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way line and extending along Lot #2, South 01 degrees 45 minutes 00 seconds East 315.00 feet to a steel pin at Lot 43 on the below plan; thence extending along Lot #3, South 89 degrees 28 minutes 18 seconds West 168.74 feet to a steel pin at Right-of-Way 'A', which is part of Lot #5 on the plan; thence extending along the right-of-way and Lot 45, North 01 degrees 45 minutes 00 seconds West 315.00 feet to a steel pin set on the southernmost dedicated right-of-way line of Seaver Road; said pin marking the place of beginning. CONTAINING 1.220 acres and being designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT to the conditions and restrictions set forth in Deed Book 330, page 254. BEING the same premises which, by its Deed dated January 27, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Deed Book 33-U, page 254, Harmon-Graves Company granted and conveyed unto Dino H. Rabanal and Lee Ann Rabanal, Grantors herein. Being No. 50 Seaver Road, Newville, PA 17241 Parcel No. 31-12-0330-04-1 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal by Deed from Dino H. Rabanal and Lee Ann Rabanal, husband and wife, dated 11/21/2000 and recorded 4/30/2001, in Book 243 Page 632. n r C o -r? o { _ N Dm " "1 c,J7 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION DINO H. RABANAL NO. 05-514 CIVIL TERM Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DINO H. RABANAL, by certified mail and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241, and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for MARCH 7, 2007. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241. PHELAN HALLINAN & SCHMIEG, LLP By: PA 1. DANIEL G. SCH EEG, ESQUIRE Attorney for Plain ff PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. DINO H. RABANAL CIVIL DIVISION NO. 05-514 CIVIL TERM Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DINO H. RABANAL , are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCH IEG, ESQUIRE Attorney for Plaint' f FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 109341 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Dino H. Rabanal Property Address: 50 Seavers Road, Newville, PA 17241 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Dino H. Rabanal -151-52-4884 B. EMPLOYMENT SEARCH Dino H. Rabanal - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Dino H. Rabanal reside(s) at: 50 Seavers Road, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Dino H. Rabanal. B. On 11-06-06 our office made a telephone call to the phone number (717) 497-2296 and received the following information: spoke with an unidentified male who could not confirm the whereabouts of the subject. III. INQUIRY OF NEIGHBORS On 11-06-06 our office made several phone calls in an attempt to contact Charles A. Brough (717) 486-8620, 52 Seavers Road, Newville, PA 17241: answering machine. On 11-06-06 our office made several phone calls in an attempt to contact James W. Mattson (717) 486-8459,54 Seavers Road, Newville, PA 17241: no answer. On 11-06-06 our office made several phone calls in an attempt to contact Douglas L. Flickinger (717) 486-3087,56 Seavers Road, Newville, PA 17241: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-06-06 we reviewed the National Address database and found the following information: Dino H. Rabanal - 50 Seavers Road, Newville, PA 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Dino H. Rabanal. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-06-06 Vital Records and all public databases have no death record on file for Dino H. Rabanal. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Dino H. Rabanal residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Dino H. Rabanal - 05-01-1956 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AAIAIU 'I rkbk @[ PELF I 5. COW4 c A G AFFIA NT -Brendan Booth Full Spectrum Legal Services, Inc. ?_- Sworn to and subscribed before me this 6thday of November, 2 0(6. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND .02/21/1994 16:49 6092190173 PHARMACO AFFIDAVIT OF SERVICE kLAIN1`W WM SPECIALTY MORTGAGE, LLC DEFENDAN7l(S) DINO H. RABANAL SERVE: D t& UNI AAIAL 50 > VtR GOAD NZWVULR, to 17241 SERVED CUMBERLAND COUNTY PAGE 03 CQS No, 05-514 CIVIL TERM ACCT. #02VS70503 1PNS4'1012641 Type of Action - Notice of Sheriff's Sale Sate Date: MARCH 7, 2007 Served and hob burn w , Defendant, on the , 200,,,, at . o'alddc ,.m•, at . Commonwoft of Patnsylvmdk in the manner described below: DelbWaMtil+msWWIy served. Adultlti?aWly member with whom Defendant(s) teside(a). Name and Relationship is _ Adnltlla%6"* otDefbWwa(s)'s residence who refused to give name or relationship. MesOW01st 4tplace of lodging in which Defendant(s) reside(s). Aged at petson to chose ofDefmadent(s)'s office or usual place of business. Osfta? ?,, on offu;er of said Defendant(s)'s company. Description: AV_ Height - Weight Race Sex Other day of 1, a competent adult, being duty sworn according to law, depose and state that I personally tt?IdMd41 a" *ad eomO copy of the Notice of 6haifrs Sale in the manner as set forth herein, issued in the captioned call era do dhtsih hind at the address indicated above. Sworn to OW a-1-, 'bad before me this day of 1 Notary: Ey- PIXAW ATI'ItM" SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIDES OF SERVICE ATTEMPTED. NOT SERVED On the day of OL, g6 W` 2004, at S '3/o' clock F.m., Defendant NOT FOUND because: Moved Unknown _ No Answer V Vacant 1'* Atteart:.. I Time:, 2'd Attempt: / I Time: 3rd Attavtt. / r„/_?Time• ?mrck i S Vdl tgrc? Sworn q 11 ; n F'ron ? 'y"a. V. otery: By: ?\1? ?sMa es. ?aStah`?e LD. l'ta 6nOS g ol lNew Jersey PATr.iCIA E. HARRIS camn,ission Expires June 16, 2008 ?n ?'5 VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: January 3, 2007 DANIEL G. SCH G, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION DINO H. RABANAL NO. 05-514 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 1?ro [)I P ?IAAA i aniel G. Schmieg, squire Attorney for Plaintif Date: January 3, 2007 c') '?' ? O ir° r F ° c... r ? ,= fZ7 ?_? ? _ ? ? ?? %? ?`# 1 .-r r-..., _2s ? y ?::? E71 JAN 0 5 2007 44V? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WM SPECIALTY MORTGAGE, LLC Plaintiff CIVIL DIVISION V. NO. 05-514 CIVIL TERM DINO H. RABANAL Defendant ORDER AND NOW, this day of 00 , upon consideration of Plaintiffs Motion for Service of Notice of Sale ursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, DINO H. RABANAL, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. J. v? VIN PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC Plaintiff V. DINO H. RABANAL Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DINO H. RABANAL, by certified mail and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241, and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for MARCH 7, 2007. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241. PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHiqIEG, ESQUIRE Attorney for Plain ff PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC V. DINO H. RABANAL CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS Defendant CIVIL DIVISION NO. 05-514 CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DINO H. RABANAL , are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: M1 I 'l/1 DANIEL G. SCH IEG, ESQUIRE Attorney for Plaint' f FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 109341 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Dino H. Rabanal Property Address: 50 Seavers Road, Newville, PA 17241 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Dino H. Rabanal -151-52-4884 B. EMPLOYMENT SEARCH Dino H. Rabanal - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Dino H. Rabanal reside(s) at: 50 Seavers Road, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Dino H. Rabanal. B. On 11-06-06 our office made a telephone call to the phone number (717) 497-2296 and received the following information: spoke with an unidentified male who could not confirm the whereabouts of the subject. III. INQUIRY OF NEIGHBORS On 11-06-06 our office made several phone calls in an attempt to contact Charles A. Brough (717) 486-8620, 52 Seavers Road, Newville, PA 17241: answering machine. On 11-06-06 our office made several phone calls in an attempt to contact James W. Mattson (717) 486-8459,54 Seavers Road, Newville, PA 17241: no answer. On 11-06-06 our office made several phone calls in an attempt to contact Douglas L. Flickinger (717) 486-3087,56 Seavers Road, Newville, PA 17241: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-06-06 we reviewed the National Address database and found the following information: Dino H. Rabanal - 50 Seavers Road, Newville, PA 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Dino H. Rabanal. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-06-06 Vital Records and all public databases have no death record on file for Dino H. Rabanal. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Dino H. Rabanal residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Dino H. Rabanal - 05-01-1956 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT - Brendan Booth 4,•.,: c? s ?Y-,J Full Spectrum Legal Services, Inc. ,/ Sworn to and subscribed before me this 6th day of November, 2 . The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND ,02/21/1994 16:49 6092190173 PHARMACO AFMAVIT OF SERVICE PLAINfiIFF WM SPECIALTY MORTGAGE, LLC DEFIENDAN`it(S) DINO H. RABANAL SERVE: DVO 1L aAAKNAL S@ OA,VIR NOAD lZgl`i ,ll X, IPA 172411 SERVED CUMBERLAND COUNTY PAGE 03 CQS No, 05-514 CIVIL TERM ACCT. #0020670503 pHS" 10IS41 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 Served and nm* kawn to , Defendant, on the - day of , 200_,., at , c4tock _.m., at . Commronweft pf pm 4vania, is the manna described below: DehAiWipwsoglally served. Adultisinlly der with whom Defendant(s) reside(s). Name and Relationship is Adult iu;c "a aqf pefseadant(s)'s residence who refused to give name or relationship. Mee40HCk& of place of lodging in which Defendant(s) reside(s). Aged or petaon in charge of Defandant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. Othee: Description: Age Height Weight Race Sex Other I, a competent adult, being duly sworn according to law, depose and state that I personally h=WW4 a" pfd conva copy of the Z1p6Ce of Sbgiff Sale in the manner as set forth herein, issued in the captioned cow oq the damp and at the address indicated above. Sworn to wA ptlaplbed before me this , day of .20_ Notary: By- PLEMM ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 3 T day of QkiobW' , 2004, at ?° S3 o'clock ?-.m., Defendant NOT FOUND because: Movod .? Unknown _„r___ No Answer Vacant 11t Atten0t: l I Time: _ 2°d Attempt: I l Time, 3rd Attez*b. 1 / Time: ?_______ ?ouSt S vZItq-Icti nneirr ?-} f`c.<nn,'rr)Jar.. K Sworn b?e1 C4 n rroA + 'I ctn d . of 00: gl otery: By: j Ds G. ; twig I.D. No. 62343 Stato ci New Jersey PA'1 \0A E. HARRIS Commission Expires June 16, 2008 61? ? VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: January 3, 2007 U&-A DANIEL G. SCH G, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC V. DINO H. RABANAL CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS Defendant CIVIL DIVISION NO. 05-514 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 P 4L A aniel G. Schmieg, squire Attorney for Plaintif Date: January 3, 2007 ? N C '5: c.? cis ?l ti SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WM SPECIALTY MORTGAGE, LLC No.: 05-514 CIVIL TERM VS. DINO H. RABANAL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 50 SEAVER ROAD, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES UIRE Attorney for Plaintiff January 25, 2007 ?x VR I m it K a 00 N ua Ir .? o ?w r 50- 94 a ? alp all 40 lilt A . ?.,.?... It'll 0 ?b x ,? a o N o CA . i's o o'zi ' O o w . o ?e W.Wwaw,`- - rnwwvoovwEs 02 1M $0,1.569 0004218010 COT 19 tabs. "- MAILED FROM ZIP CODE 19103 R ? d w ' ---{ .-?; ;= =. 4-- -' ' .. 1 7 ._ _ f. , -? ? GJ 7 s, ;; ,? ; ,.?, r i., ti. ..?? 7 (_ J i 47 ? t _? F t _ Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC Plaintiff, V. . DINO H. RABANAL Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to DINO H. RABANAL on JANUARY 25, 2007 at 50 SEAVER ROAD, NEWVILLE, PA 17241 in accordance with the Order of Court dated JANUARY 9, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN fjqkLLINAN & SCHMIEG, LLP By: DAN L G. SCHMIE , ESQUIRE Dated: January 31, 2007 JAN 0 5 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WM SPECIALTY MORTGAGE, LLC Plaintiff CIVIL DIVISION V. NO. 05-514 CIVIL TERM DINO H. RABANAL Defendant ORDER x ''') AND NOW, this day of00@! upon consideration of Plaintiffs Motion for Service of Notice of Sale V ant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, DINO H. RABANAL, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 50 SEAVER ROAD, NEWVILLE, PA 17241. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary 's Office an Affidavit of service. J. set W# bw see{ c€` ? ?t ? Pa. c6ay C -T"S i ? i ., WM Specialty Mortgage, LLC VS Dino H. Rabanal In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-514 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 21.37 Posting Handbills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 21.12 Certified Mail 3.09 Levy 15.00 Surcharge 20.00 Law Journal 479.00 Patriot News 452.15 Share of Bills 16.83 $1,089.59 So s s: R. Thomas Kline, Sheriff BQ-c-d i Real Estate S rge t 31"107 / - ?.?C.,Z- S 7$ 13 i2w, i 9o T?J . WM SPECIALTY MORTGAGE, LLC Plaintiff, . V. DINO H. RABANAL Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-514 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,50 SEAVER ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name DINO H. RABANAL Last Known Address (if address cannot be reasonably ascertained, please indicate) 50 SEAVER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRANSAMERICA FINANCIAL CONSUMER DISCOUNT COMPANY 2555 KINGSTON BOULEVARD #140 YORK, PA 17402 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 SEAVER ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 18, 2006 1 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff y` r WM SPECIALTY MORTGAGE, LLC Plaintiff, V. DINO H. RABANAL Defendant(s). CUMBERLAND COUNTY No. 05-514 CIVIL TERM October 18, 2006 TO: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 50 SEAVER ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53,704.90 obtained by WM SPECIALTY MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lot #5 and #9 on the H plan with the dedicated right-of-way line (the pin also being located for reference purposes only North 89 degrees 28 minutes 18 seconds East 50.02 feet, as measured by the right-of-way line from lands now or formerly of Walter H. Gantz); thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North 89 degrees 28 minutes 18 seconds East 168.74 feet to a steel pin on the right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way line and extending along Lot 92, South 01 degrees 45 minutes 00 seconds East 315.00 feet to a steel pin at Lot #3 on the below plan; thence extending along Lot #3, South 89 degrees 28 minutes 18 seconds West 168.74 feet to a steel pin at Right-of-Way 'A', which is part of Lot #5 on the plan; thence extending along the right-of-way and Lot #5, North 01 degrees 45 minutes 00 seconds West 315.00 feet to a steel pin set on the southernmost dedicated right-of-way line of Seaver Road; said pin marking the place of beginning. CONTAINING 1.220 acres and being designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon-Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT to the conditions and restrictions set forth in Deed Book 330, page 254. BEING the same premises which, by its Deed dated January 27, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Deed Book 33-U, page 254, Harmon-Graves Company granted and conveyed unto Dino H. Rabanal and Lee Ann Rabanal, Grantors herein. Being No. 50 Seaver Road, Newville, PA 17241 Parcel No. 31-12-0330-04-1 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal by Deed from Dino H. Rabanal and Lee Ann Rabanal, husband and wife, dated 11/21/2000 and recorded 4/30/2001, in Book 243 Page 632. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC., Plaintiff (s) From DINO H. RABANAL (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 $53,704.90 L.L. Interest FROM 3/9/05 TO 3/7/07 (PER DIEM - $8.83) -- $6,428.24 AND COSTS Atty's Comm % Atty Paid $209.97 Plaintiff Paid Due Prothy $1.00 Other Costs Date: OCTOBER 20, 2006 (Seal) REQUESTING PARTY: Curti . Long, Pr otary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE, PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 23 On November 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 50 Seaver Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1, 2006 91? *e /CJ 9ZIJO9, By: Real Estate Sergeant 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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. PUBLICATION COPY Sworn to an0ub drib fore me this 26th day of February 2007 A.D. S A L E #23 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary. Public City Of Harrisburg, D in county My Comm' sion Ex une 6, 2010 A-n* . sociation of Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,. F ALL THO CBREAJN pea or pmd of bad, utmae, ty" a ad b ft m ftm TmokiA cumbe"ComaIN boadedand &Ico dsfddow BEGOMiG at a sadd pin sd on fhe soadmnost deftind ri0l-af-way line of sears &W (T 347y ed In mdm the com poilu of adidw of Lat 45 and d9 on the H pli WA fiAS "cWd nOt-i*wy line (the pin also being k edid far mkmm pupw aaly ?Iamb 59 d*mes 28 rmi-W 18 secw* Easy 5M &K as mea and by the - taq lw bwn iads how or feaeedy of Waiter Ei-00* Beane 9epamg bm Lot #5 ad a tw* oft do scalier Road way ik I", a Avon 25 atw" 18 aeooode Edt 165.7# ho to a wd pia as dw rigb4.of-way line al WV ,ftm d*lydag fm deSkm ?wy1?ad ammamalear.Ldi 99 Of dmm45 CONVJNM .1.22L saes ead being deupdW as 14 09 on a fuel piss of mb of Pm Mh pmprcd ferVowo- Omm Cmpday by 1o Urown ad Apedws, dried Sgomfa 29. 1985, and nxadbd is tlaeafbe or rite Recorder of Dao& for Gabes C,awty is !tie Yank X page 108: UWw sted , wbi* f the car Mm sW -ice set faefb in Dad Book 3A page 254. BEM the.ame ppmm wbick by its Deed deed In l aU 29. n sad mWed'in the Odkee9ro*fafCnaabm W Comrry, Pt er>trAv6,s t064 N& 33.11, page 254, lhmd"tasiit' Vi"' aad ooarey 4?o Dt?fU Flint aid°La Am Rabeed 'E 4 Beag 1Vo. 31! T i11e PA 17241 Pwcdi 31- L RECM Q 1!77210 '1! 1S VES77D IN Dino H. Rrtbied by Deed fiom Dion fLRabaat adfee??**Wwd alad 243, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: January 26, February 2 and February 9, 2007 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. isa Marie Coyn ditor SW RN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL V LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 23 Writ No. 2005-514 Civil WM Specialty Mortgage, LLC VS. Dino H. Rabanal Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being in Penn Township, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a steel pin set on the southernmost dedicated right- of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lot #5 and #9 on the H plan with the dedicated right-of- way line (the pin also being located for reference purposes only North 89 degrees 28 minutes 18 seconds East 50.02 feet, as measured by the right-of-way line from lands now or formerly of Walter H. Gantz); thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North 89 degrees 28 minutes 18 seconds East 168.74 feet to a steel pin on the right-of- way line at Lot #2; thence depart- ing from the Seaver Road right-of- way line and extending along Lot #2, South 01 degrees 45 minutes 00 seconds East 315.00 feet to a steel pin at Lot #3 on the below plan; thence extending along Lot #3, South 89 degrees 28 minutes 18 seconds West 168.74 feet to a steel pin at Right-of-Way `A', which is part of Lot #5 on the plan; thence ex- tending along the right-of-way and Lot #5, North 01 degrees 45 min- utes 00 seconds West 315.00 feet to a steel pin set on the southern- most dedicated right-of-way line of Seaver Road; said pin marking the place of beginning. CONTAINING 1.220 acres and being, designated as Lot #9 on a fi- nal plan of subdivision of Penn Hills prepared for Harmon-Graves Com- pany by Mort, Brown and Associ- ates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT to the conditions and restrictions set forth in Deed Book 330, page 254. BEING the same premises which, by its Deed dated January 27, 1989 and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania. at Deed Book 33-U, page 254, Harmon-Graves Company granted and conveyed unto Dino H. Rabanal and Lee Ann Rabanal, Grantors herein. Being No. 50 Seaver Road, Newville, PA 17241. Parcel No. 31-12-0330-04-1. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal by Deed from Dino H. Rabanal and Lee Ann Rabanal. husband and wife. dated 11/21/2000 and recorded 4/ 30/2001, in Book 243 Page r- .fie f;1 'R ?H0N'0 A Phelan Hallinan & Schmieg, LLP 20 12 APR 4 ! AM IOAtllerney For Plaintiff 1617 HK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNT` Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 WM SPECIALTY MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County DINO H. RABANAL Defendant No. 05-514 CIVIL TERM TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Disconti an Date: PHELAN LINAN & SCHMIEG, LLP Allison-f-?,Wells, Esq., Id. No.309519 Attorney for Plaintiff PHS # 109341 aM{ "9. sd f d a? 124- 9.7.37,040 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WM SPECIALTY MORTGAGE, LLC Plaintiff vs DINO H. RABANAL Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 05-514 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DINO H. RABANAL 50 SEAVER ROAD NEWVILLE, PA 17241 Date: A f/ F'Vells, Esq., Id. No.309519 Attorney for Plaintiff PHS # 109341