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HomeMy WebLinkAbout05-0685 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INe. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D~ -IJ~ Cu'LL ~~ CUMBERLAND COUNTY v. SUSAN K. ROSARIO NKJA SUSAN ROSARIO NKJ A SUSAN RElF ALFREDO ROSARIO 40 G STREET CARLISLE, PA 17013 THE UNITED STATES OFAMEroCA clo The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 MA Y 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 #: 95085 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) 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. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/IJI TO HOMES IDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN K. ROSARIO NKJ A SUSAN ROSARIO NKJ A SUSAN REIF ALFREDO ROSARIO 40 G STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/22/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1725, Page: 1024. By Assignment of Mortgage recorded 06/28/2001 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 679, Page 495. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2004 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 #: 95085 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 02/03/2005 (Per Diem $23.15) Attorney's Fees Cumulative Late Charges 06/22/200 I to 02/03/2005 Cost of Suit and Title Search Subtotal $97,958.02 8,542.35 1,250.00 155.56 $ 550.00 $ 108,455.93 Escrow Credit Deficit Subtotal - 448.40 0.00 $- 448.40 TOTAL $ 108,007.53 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.c. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. SUSAN K. ROSARIO AIKIA SUSAN ROSARIO AIKIA SUSAN REIF & ALFREDO ROSARIO; No. 04-419; filed 02/02/2004; $5,206.76. WHEREFORE, PLAINTIFF demands an in @ill Judgment against the Defendant(s) in the sum of $ 108,007.53, together with interest from 02/03/2005 at the rate of$23. 15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA~ALLlNAN &.SCHfE~ By: ~an LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95085 LEGAL DESCRIPTION ALL that certain tract ofland with the improvements thereon situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, known and designated as Lot Nos. 100, 10 I, 102 and the western 20 feet of Lot No. 103 on the Plan of Lots known as Home Acres, said Plan of Lots being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 1, Page 93 and said tract ofland being more particularly bounded and described as follows: BOUNDED on the North by the southern line of'G' Street; on the East by property now or formerly of William Kennedy; on the South by Lot Nos. 133, 134, 135 and 136; and on the West by Lot No. 99, now or formerly of Marlin Foster; said tract of land having a frontage on 'G' Street of 95 feet and extending in depth at an even width, a distance of 158 feel. HA VINO thereon erected a one and one-half story brick dwelling house known and numbered as 40 'G' Street, Carlisle, Pennsylvania 17013. BEING the same property which Estate of Mary E. Beetem, granted and conveyed to Samuel L. Beetem and Cheryl-Ann Beetem, his wife, Grantors herein, by Deed dated March 30,1992 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 'P', Volume 35, Page 457. PREMISES BEING: 40 G STREET File #: 95085 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe 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 frorn 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. L~~Hk Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 8-/3/0')" .tQ I-' V') ~ ~ ~ - ~ ~ ~ ~ ..r: ~ -J lh -:t ?-- t r c), -" -' ~ :~~:; en p. 8 t:'O \ c:P - -.- .' c::\ 0' ------ ~ ~ PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVil DIVISION Vs. County: Cumberland Filed: February 8, 2005 NO.05-685-Civil Washington Mutual Bank, FA. S/I/I To Homeside Lending, Inc. Plaintiff Susan K. Rosario, a/k/a Susan Rosario, a/k/a Susan Reif, Alfredo Rosario And The United States of America Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 40 G Street, Carlisle, Pennsylvania (the "Premises") is owned by the Defendant. 2. That the Federal Tax Lien referred to in paragraph ten (10) of the Plaintiff's complaint is junior in time to the Plaintiff's mortgage set forth in paragraph three (3) of said complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United Slates of America, agrees to the entry in this action of a judgment in favor of Ihe Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. ~ 5. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph ten (10) of said complaint. 7. That Ihe proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). Date: ,/ Z I ~ [)~ ~ __-By: ,----- C Daniel Suite 1400 Philadelphia, PA 19103-18 4 Attorneys for Plaintiff I G, LLP 9, The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: ,:1-,).<.{-OS Respectfully submitted Thomas A. Marino, Esquire Unir'!States A~O ry BY:~' '-"-~ Dennis Pfannen hmidt, Esquire Assistant United tates Attorney Civil Division Attorneys for United States of America F&P#: 95085 ----- ('" -,.~- ~; C L - . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS ROSARIO SUSAN K ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSARIO SUSAN K AKA SUSAN ROSARIO AKA SUSAN REIF the DEFENDANT , at 2115:00 HOURS, on the 9th day of February, 2005 at 40 G STREET CARLISLE, PA 17013 by handing to ALFREDO ROSARIO, HUSBAND 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 Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 -~~J<:~ R. Thomas Kl ine . 02/10/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ? me this flI!':: day of 1~ ;) MJ:{ '-- ;h '!~pr~~h~{~;1 A ~nj A.D. . - SHERIFF'S RETURN - REGULAR CASE NO: 2005-00685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS ROSARIO SUSAN K ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSARIO ALFREDO the DEFENDANT , at 2115:00 HOURS, on the 9th day of February 2005 at 40 G STREET CARLISLE, PA 17013 by handing to ALFREDO ROSARIO 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 / ..../......... ---"'" ,'., -,...;~ -~...- /~~(. .,.' ,,"'-:/ ... ,.... .""";." .r ......y. ~y{';~~~'? "",. .~. .",..~..t'" -I .....J~;t:J,.,.-; -' .+' ~- '"";' ,..- ~ R. Thomas Kline 02/10/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~~ , ...., me this J'I~ day of 3..d.~~~ "1 ;)00 fA. D . ~C:nurJ1"'~ rothonotary I 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 PHILADELPIDA, PA 19103-1814 (215\ 563-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 0S-685-CIVIL TERM v. SUSAN K. ROSARIO AlKJA SUSAN ROSARIO AIKJ A SUSAN REIF ALFREDO ROSARIO Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SUSAN K. ROSARIO AlK/A SUSAN ROSARIO AlKlA SUSAN REIF and ALFREDO ROSARIO, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/3/05 to 3/30/05 TOTAL $108,007.53 $1,296.40 $109,303.93 I hereby certify that (1) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Aa..ill) G, ~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: '-I ft.;!&) I , SHERIFF'S RETURN - REGULAR CASE NO: 2005-00685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA '~~~ VS ROSARIO SUSAN K ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSARIO SUSAN K AKA SUSAN ROSARIO AKA SUSAN REIF the DEFENDANT , at 2115:00 HOURS, on the 9th day of February, 2005 at 40 G STREET CARLISLE, PA 17013 by handing to ALFREDO ROSARIO, HUSBAND 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 Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 -r-~~~ R. Thomas Kline ' 02/10/2005 PHELAN HALLINAN SCHMIEG A.D. Sworn and Subscribed to before By: me this day of Prothonotary 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 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. 8120 NATIONS WAY, BUILDING 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v, NO. 05-685-CIVIL TERM SUSAN K. ROSARIO AIKIA SUSAN ROSARIO AIKIA SUSAN REIF ALFREDO ROSARIO Defendant(s). 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 SUSAN K. ROSARIO AlKlA SUSAN ROSARIO AlKlA SUSAN REIF is over 18 years of age and resides at 40 G STREET, CARLISLE, PA 17013. (c) that defendant ALFREDO ROSARIO is over 18 years of age, and resides at 40 G STREET, CARLISLE, PA 17013. This statement is rnade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~J (; l;A.m.~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff " LEGAL DESCRIPTION ALL 'tHAT CKRTAIII TIlACT of LNa) lIITH TIIIl DlPIlOV1iMlZN'l'O THEREOIII SITUATB IN 'l"HB: FIFTH wlUm OP' THB BOROUOIJ Olr' CARLI.SLB" COMBERL1\ND COUNTY, PBl!lH5YLVANIA, KNOWN AND DBBIaMATED AS I.,OT BOa. 100, 101, 102 l\ND THI!: IIIlSTIi:Ill< 20 ....E'l' OF LOT 110 _ 1.03 all 'OIll PLNI OF f.D'l'O J:N:lWR Nl HOMI!: ACRIiS, SAlD l'LJ\II[ OF LOTB BRIll'O IUlO:)RDlm IH THB OWICB OF '!'HE IlE<DRDER OF D1!IlDS OF CUllBIlRlJWD 00Wl'l':C, PIlHNBYLVAHIA, I1I' PLNI BOOK I, pNJil '3 ,I\ND BAID = ol!' LJ\NI) DSmG MORB PARTlCOLARLY JlOIOO)BD I\RD DESCRIBBD JIB FOt.LOlIS: BOURDED ON TllS NORTH BY 1118 8O'CTlIBfdiI' LIJ:l:e OP "G" 8TREBT; ON' T'HR RJlST BY PROPERTY !lOll OR PORKRRLY 011' IIUJ.,IAIf 1<IDlHllDY; ON THB BOOT!! BY Im" ~a. 131... 134,. ,Us A!lD 136; AJID OR THB WI!i8T BY LOT NO.. '9. IIKM OR FORMERLY OF KARLl.M F08TRR; SAID T~ OF IaAHO DAVINO A FIlOHTAGB ON "0" lITllEB't OF 96 FBBT AND Illt'l'IiNDING 'R DBPTH AT AS BVIlN WIJ:1rH, A DIS'I'JIIIJ':Il OP _"8 FEET. llBDIG 'I'IlB Sl\I>lll l'ROPEIITY COIlVEYBD TO BooAll IlO4ARIO J\IlD AloFRIlDO llD8A1ITO, HEll HUlIBl\IIlD, Wi DBBD PROIl Sl\IIOKl. 10, llell'l'l3M JIND CHIlIlYL- ANN DBBTBM, HIS IIIIi'B, RIlOO~ 0"/28/2001 'N DEED nooK 241 PAGB 903, Dl TUB OFPICB OF 'l1t8 JUZOORDER OF DEBOfI OF ct1M8SRLAND OOONTY, PHNHSYLVAHIA._ PROPERTY ADDRESS: 40 G STREET, CARLISLE, PA 17013 TAX PARCEL: # 6-19-1641-155 " A:J D -t.a. i 1t:. It --G \) ~- .J:::.. \> ....' C-) .... f:::-' ~ ,,~:) -n cf' 'tv -- ..-\ ~ :r'''' ~t: j en ['11 ~ ...:t r- ,..-'-' "'i-' IV' ".... \ J:::.. 't ~...... - ~' ~-:", t--- -' C:J --;',li; (' ~ _,<I _-,-:1 C) ~. -1 ". (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW W ASIDNGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. 8120 NATIONS WAY, BUILDING 100 Plaintiff, v. SUSAN K. ROSARIO AIKIA SUSAN ROSARIO AlKJA SUSAN REIF ALFREDO ROSARIO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-685-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on _Q\,fL\l~ 20Q5 ~A.o~fJ. 011,~r- DEPUTY ...L '[C If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" PHELAN HALLINAN & 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 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION SUSAN K. ROSARIO A/KJA SUSAN ROSARIO AfK! A SUSAN REIF ALFREDO ROSARIO NO. 05-685-CIVIL TERM Defendant(s). 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. ~~.f (" l,.~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff r'~::- c~? ~ -;.. , .......' C) ('j -'n :( I . ~ c:: --, Request for Military Status Page I of I Department of Defense Manpower Data Center MAR-30-200514:18:22 _ Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date Active Duty Status Service/Agency ROSARIO ALFREDO Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Departrnent of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~W~6-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done, For personal privacy reasons, SSNs are not available on this printed results page. Requesters snbmitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:/ /www.dmdc.osd.mil/udpdri/owalsscra.prc _Select 3/30/2005 Request for Military Status Page I of I Department of Defense Manpower Data Center MAR-30-2005 14:17:38 .. Military Status Report . Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date Active Duty Status Service/Agency ROSARIO SUSAN K. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~w~~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military rnedical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or nOD- match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc _Select 3/30/2005 , i 0> . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASHlNGTON MUTUAL BANK, FA, SIl/I TO HOMESIDE LENDING, INC. Plaintiff, No. 05-685-CIVIL TERM v. SUSAN K. ROSARIO A/KfA SUSAN ROSARIO AlKJA SUSAN REIF ALFREDO ROSARIO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $109,303.93 Interest from 3/30/05 to SEPTEMBER 7, 2005 (per diem -$17.97) $2,893.17 and Costs TOTAL $112,197.10 ~!G.)'A~ DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. co____ t'~! c_ r::: ":..", u_ ~.::;~ C) C~ <;'.-J r- o ....;::l OZ ~~ f;l;l...l ...l;"" ~rJJ ZZ OZ ~~ ~~ 0,.. 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" IS ~ ~ (;l Yi j J ~~ ~C1J ......s '- ~ ~ ~ '-.J ~ ~ .-~ LEGAL DESCRIPTION III1DlG 'I'llIi SllMB l'NOPRRTY COIlVI<YlID TO BtJll1lN ROItARIO l\IID _llIlIX) RD6AJ1I0, HEll HUalll\lllD, at Dll1ID PllQIl B1\M01lI" L. llW'l'1lM 1lIlD CIlJlIlYL- ANN IlSBTJ!lot, BIll WIFE, RBOOIlOIlIl 06/29/2001 HI DEIID flOOI( 247 PAGB 90a, m THB OFFIC& Of 'l'IlIl Rtro:lllDEll OF DEBDS OF Cl1MIlERLAND OOONTY, PRNH8YLVJUfi..A~ J>LL m:lU' CllRTADll TRACT OF LAIlD WITH 'I'llIi DlPllOv:aIRN'l'lI 'I'BERBOI!l SrruA'l.'R :m TIIB FIFTH Wl\Rfl OJ!' 'l'IIB IlOROOOll OF CARL:mr.a, cmosEllLllm) ClOU!lTY, PKI'IllI8-a.VJ\N:IA, mOWN l\IID J)JiSHDIll.TllIl AS WT 1lI03. 100, 101, 102 l\IID TUI!: Wll8Ti:IW '10 PRE'!' OF LOT 110. 103 Olt 'l'IlIl PLllN 01/ UOTS XNOlfI!I J\/l llOKl!: ACRIW, SAl:P >'WUf OF LOTS BSDro IUlCORDIID IN 'I'llIi OffICB OF me IlECDRDER Of DmmB OF C1lIlIlllRLl\IID OX/II'l'y, P_lJYLV1INIA, :tN PLllN oooK 1. PN11il '3 1lIlD BAlD TIUICT OF 'W\lll) !lSINa tIORl!l PAIlTI<mJlRIoY IIOUIll>IiIIl AlIIO DBSClUBBD AB roLLOllB: .8OlIIlD8D ON THB llOIlTII BY TIlB l101l\'IIllRH LIllIl' OF "G" IITREST; Oll TUB I<J>ST BY PROPERTY MOW OR PORMBRLY OF lIlIJ,DUf lWN!IBDY; OU THB BOOTII BY rcr w-s. 13.')" 134, :us AIID 13&:; MID OR TOE WMT BY LOT l<<)~ 9~, ROW OR FORMERLY OF KARLtH POST8R; SAID T~ QF LAND IlAVIHO A FROHTMB 0lII "0" 8TRdr OF ~6 PBBT l\ND ~mo HI DBPTH AT ..... EVtlN WIDTH, A DIST~B OF 1S9 PEET, 'ROPERTY ADDRESS: 40 G STREET, CARLISLE, PA 17013 fAX PARCEL: # 6-19-1641-155 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-685 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC., Plaintiff (s) From SUSAN K. ROSARIO AlKJA SUSAN ROSARIO AlKIA SUSAN REIF AND ALFREDO ROSARIO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (2) You are also directed to attach fue property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (al 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $109,303.93 L.L. $.50 Interest FROM 3130105 TO 917105 (PER DIEM - $17.97) - $2,893,17 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $129.70 Plaintiff Paid Date: APRIL 4, 2005 Other Costs (Seal) CURTIS R. LONG prothon~ p ~ ~ 0-,..0 O?/Zr'f...../ 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 lD No. 62205 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. Plaintiff, v. SUSAN K. ROSARIO A/K!A SUSAN ROSARIO A1K1 A SUSAN REIF ALFREDO ROSARIO Defendant(s), CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-685-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, FA, SIlII TO HOMESIDE LENDING, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 40 G STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SUSAN K. ROSARIO AlKlA SUSAN ROSARIO AlKlA SUSAN REIF ALFREDO ROSARIO Last Known Address (if address cannot be reasonably ascertained, please indicate) 40 G STREET CARLISLE, PA 17013 40 G STREET CARLISLE, P A 17013 2. Name and address ofDefendant(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 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER UNITED STATE DEPT. OF JUSTICE U.S. ATTY-MIDDLE DISTRICT OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSISTANT U.S. ATTORNEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 FEDERAL BUILDING 228 WALNUT STREET, P.O. BOX 11754 HARRISBURG, PA 17108 . . 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) None 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 40 G STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 31, 2005 DATE ~G.J,~1: DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff .-,' ~_:?, cP -:"",", :>;"J :;:-,.) ~~.~~ ::;~ ~~,., e - ..-, (;-.; (~ -' . W ASIDNGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. Plaintiff, CUMBERLAND COUNTY No. 05-685-CIVIL TERM v. SUSAN K. ROSARIO AIKIA SUSAN ROSARIO A1K/A SUSAN REIF ALFREDO ROSARIO Defendant(s). March 31, 2005 TO: SUSAN K. ROSARIO A1K/A SUSAN ROSARIO A/KIA SUSAN REIF 40 G STREET CARLISLE, PA I7013 ALFREDO ROSARIO 40 G STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 40 G STREET, CARLISLE. PA 17013, 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, P A 17013, to enforce the court judgment of $1 09.303.93 obtained by WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be rnade at said sale in cornpliance 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 rnust 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 rnay call: (215) 563-7000. 2. You rnay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more . chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate cornpared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full arnount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will rernain 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 rnay 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 ofthe sale. This schedule will state who will be receiving that rnoney. The rnoney 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, P A 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL 'lllA'l' CKRTADl 'TRACT OF LARl IIlTH 'I'lm DlPROV1iIMIDl'l's THi!RSOI!I srru.."", IN THE Fl:P'l'R wARD Ol!' 'l'lII!I IlOROtRlII 0" CJ.IlLISLB. COMBEllLlIND 00ll!ITY, PllNI!l"n.VJ\NI~ JNOWN l\NI> PJillIrn<ll'1'l<D AS U>'T l!I08. 100, 101, 102 AND TBR WBSTIiiP.lI 20 PEE" OP LOT NO. 10. 011 'rItII PLN/ OF 1'.0'1''' tcNOlIH M BOMB ACRIill. SIUP PLAK OP WTB DRIH<J IIllCORDIID IN 'l'IIB OWICB em me III!OOORDER OP DlmDB OP CtlIIIIIlII:Ll\IID <:tX1N'n. PBNNBYLYAHIA, 1lI pLN/ !lOOK 1. IINJlil ~. JWD 8JUD TlUlCT Of!' LNlD DUnI'a MOtlB PARTI<m.1IRLY JlOlJMPBD JIm> DI<8CRIBED Jl8 FOLLOlIlI: BOUNDIlD ON mE \lOlli'll flY TBIl SOUTllllRJ/ LIP OP "0" !lTIIEBT; ON TBB KA5T BY PROPERTY _ OR l'OtUlBRLy Oil' Wu.I.DIM DlN>lBDY; OR THB 8OO'I'Il BY IDr NOli. 13.1. 134. l.35 AIID 136; AJlD OR THE WElIT BY LOT NO. ", IiIOOI OR FORllBRLY OP IOl\RLUI POlITIlR; SAID Tl>AC'1' 011 LJlND IlAVJ:NG A F""lfTlWB Olll "0' BTl<BJ!:T OF '6 PBBT AND /In'RNnINO III OEPTH AT J\N BVllII lfIt>TH, A DISTAJlCB OF 1"8 FEET, llllING 'l'Hll 9MB I'ROPRIITY <XlIIVBYIID TO BtltlAll llOOARIO AND ALFRmlO IIOSARIO. HEll 1lU81W11D, B'l OBlID I'ROtI BAIWKlo It. 1IWI'IlM JlIID CIfBIlYL- ANN DUBTtDt, lIIll !IIII'll, RKOOllPllO 0./28/2001 IIII DEI!O IIOOK 241 PMlE 903, IN 'IIlB OFPICB OJ/' TIlll llBOORDER OF OE""6 OF COM8JlIlLl\Nl) COOllTY, PBNN8YLV.AHIA~ PROPERTY ADDRESS: 40 G STREET, CARLISLE, PA 17013 TAX PARCEL: # 6-19-1641-155 (j c" r--~ ,;;~~ ()~ o -" .-' ~~, --- '.",'\ ' ~,"~ -:;> ,,' ~/._) \- '" \ .. <::\ ~~ ~ c:~" _\ AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. CUMBERLAND CO Y PJT No. 05-68S-CIVIL TERM DEFENDANT(S) SUSAN K. ROSARIO A/KIA SUSAN ROSARIO AlK/A SUSAN REIF ALFREDO ROSARIO ACCT. #8454585145 SERVE SUSAN K. ROSARIO A/KJA SUSAN ROSARIO AlKJA SUSAN REIF AT 40 G STREET CARLISLE, P A 17013 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 200 Served and made known to S"v 5 a.-J at 7,'/8, o'clock P.m., at 10 I r 1< G SERVED r\O 'S'0l.(t ~ 0 . Defendant, on the Sd-:. COR. \\s\~ / -N / !J day of 200.s- of Pennsylvania, in the manner described below: Defendant personally served. / b _\ ----y- Adult family member with whom Defendant(s) reside(s). Name and Relationship is Y\V'5' (}.\'J ~ -r-- Adult in charge ofDefendant(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 DefencIant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. , II I b; I ~ \ ~ Height 5.J.E Weight~ Race ~ Sex ~ Other J l~ ~ .s ~ompetent adult, being duly sworn according to law, depose and state that I perso ce of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the Other: Description: Age -!/:Q. . I ~'f~~~ <L h, C~ , a true and correct copy of the N the address indicated above. Ily handed te and at Sworn to and subscri\l~d be6 ernet 'sJL~~ ai' of I , 200lJ, ~ j) N: . ~~ By' Ita PLEASE AITEMPT SEivIdE AT LEAST 3 TIMES. NOTARIAL SEAl. LUCILLE H. CARTY, = PubIc I Nov.1~ TIMES OF SERVICE ATTEM "ED. NOT SERVED On the day of . 200--, at o'clock_.m., DefencIantNOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2Dd Attempt: / / Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this _ day of .200__ Notary; By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I,D. No. 62205 ~1 "lJV')... ~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. DEFENDANT(S) SUSAN K. ROSARIO AlK/A SUSAN ROSARIO A/KIA SUSAN REIF ALFREDO ROSARIO PIT No. 05-685-CIVIL TERM ACCT. #8454585145 Type of Action - Notice of Sherifrs Sale SERVE ALFREDO ROSARIO AT 40 G STREET CARLISLE, PA 17013 ^I 0 SERVED _ rfI.. Served and made known to tt f(tQ....~O I\<) Sa-~; C> , Defendant, on the / 6 day of 4;01 ,200.:f'at 7,'/8 ,o'dock-f.m.,at 1/-0 G oJ... J CC)R\~\~ Sale Date: SEPTEMBER 7,20 5 , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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. ~ ~ I _, II _I"~ . ~:iil \ Q Description: Age-#. Height~ Weight ~~" Race Wk Sex~ Other ~ \~s.se..5 I, .c.\~~'\\Ic.1-. h.. . G(L~ /J;"va competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscri~d bof!!."" ~ --1'l-!- <lay , ~ of ,,} , 200 S- /~ j Nota ~ 1J1~ By: t/lt, PLEASE ATTEMPT SERVIttE AT LEAST 3 TIMES. I DIC ATTEMPTED. NOTARIAL SEAL LUCILLE H. CARTY, NoeIry NJIc 1i I FnriRn Ccutty My. Nov. 10,2007 NOT SERVED On the day of , 200-, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed befoie me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WASHINGTON MUTUAL BANK, FA, S/lII TO HOMESIDE LENDING, INC. ) CIVIL ACTION ) vs. SUSAN K. ROSARIO A/K/ A SUSAN ROSARIO A/K/A SUSAN REIF ) CIVIL D1VISION ) NO. 05-685-CIVIL TERM ALFREDO ROSARIO AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for VI{ ASHINGTON MUTUAL BANK. FA, S/III TO HOMESIDE LENDING, INC. hereby verify that on 4/12/05 true and correct copies of the Notice of Sheriffs sale were served by certificate ofrnailing to the recorded lienholders, and any known interested party see: Exhibit "A" attached hereto. DATE: August 3. 2005 "":i~.:"., .-_.~.~<..-.""~, " '.. .','.' ~,.~... ., -'~~:-~.;...".-" ,,+,' ";t., ..0.;.- > ::\: . 71bO 3901 ~8~6 8137 2337 71bO 3901 ~6~6 8137 234~ TO: TO: UNITED STATES DEPT. OF JUSTICE U.S, ATTY-MIDDLE DISTRICT OF PA ATTN: MARY CATHERINE FRYE, ESQUIRE ASSISTANT U.S, ATTORNEY FIWERAL BUILDING SEND.Jji.8 WALNUT STREET, P.O, BOX 117S4 "Il.l\RRI~ ilW I n08 REFERENCE: ROSARIO, SUSAN M,4.8 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 SENDER: TEAM2_ !I1.4g REFERENCE: ROSARIO, SUSAN PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees I ~~;=;;;r;:r !,,::, Certified Mail No Insurance Coverage Provided Do Not Use for International Mail L__n_.. 'Uun.__..._. PS Form 3800, June 2000 RETURN Postage RECEIPT Certitied Fee SERVICE Return Receipt Fee Reslricted Delivery Total Postage & Fees US Pas'tal Service Rece'ipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail .. W ASIllNGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN K. ROSARIO AIKIA SUSAN ROSARIO AIKIA SUSAN REIF ALFREDO ROSARIO NO. 05-685-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. FA, SIIII TO HOMESIDE LENDING, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 40 G STREET, CARLISLE. PA 17013. 1. Narne and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address carrnot be reasonably ascertained, please indicate) SUSAN K. ROSARIO AlKJA SUSAN ROSARIO AlKJA SUSAN REIF 40 G STREET CARLISLE, ]~ A 17013 ALFREDO ROSARIO 40 G STREET CARLISLE, ]~A 17013 2. Name and address ofDefendant(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 carrnot be reasonably ascertained, please indicate) INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 UNITED STATE DEPT. OF JUSTICE U.S. ATTY-MIDDLE DISTRICT OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSISTANT U.S. ATTORNEY FEDERAL EiUILDING 228 WALNUT STREET, P.O. BOX 11754 HARRISBUlRG, PA 17108 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) None 5. Name and address of every other person who has any record Hen on the property: Name Last Known Address (if address cannot be reasonably ascl:rtained, 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. Narne and address of every other person of whom the plaintiffhas 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 40 G STREET CARLISLE,PA 17013 Domestic Relations of Cumberland County 13 North Ha~lover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, ])A 17105 I verify that the statements made in this affidavit are true :md correct to the best of my personal knowledge or information and belief. I understand that false staternents herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 31. 2005 DATE ~c.~,.~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff '3.(} &E. - - - - - ;c'" Vo ... '" - r. '" - 0 '-0 CO it .., '" Vo ... '" '" - ~ ~8., g ~. ~ n iO z (: 3 a .. ~~ ~ ~ ~i f/J ~ () g 2 >:\ ~ ~ . ~ il g'-; 1"- ~ So -- ~ ~ ~ > 0-" '" ':;;\1;" '" ~~ ~ - l f/J () ~ tr1 ~ <;a ~ ~ ~ ~ ~ 0 ~ 0:: ,.. . Si\ ~ ll. :>> .. ~ t5 '" '" ~ ig Cl ~ Si\ C f/J ~ ..~ ~ ~ ~ 0 ~& f/J > "'. ~ '" ~ '" .. . ~ 1:\ ! ~ f/J ~ ~ ~ ~ ~ " ~ '" ~ 0 ~ \!l ~ ~ " ~. :>> SO ~ ~ '" >- '" - ~~~t;i ~ .., 0 ~ - 8 8- ~ 0 - _ . g e' ~ '" '" ~;rsa;;: 0 z ~r gO "1 0 g,[a~ :;:: ~ CIl .-'0 g tr1 ~3 8., ~ ~. t;;; .- _. b'>..... 0 ~ 8'6.88"" ~ :. ~. ~ ~ - 8 - a.... ~ Ii ~ S"<2:~ iiI" '" 6~ - * - ~';i ~ l't~ ~ 0 " 0' ~ i;f OJ 'i" ....,'ii' Cl.. ~ ~ ~.~~o o ~ 0 ;;l~" ~ '" ~ '8"" v; p: 2j !:1 . o:iH ~ yo ~ ~ a .m g. " 'e~4~ ~ .' a ~ .. ~ --' ~' '" "'~;;:s ~ '" iI ~ ll.iI ~ '" g-a. ~ .::<' g ~"r '" -- . ~ >- ~,~ "" '" - g.(i'a'" >- .., ,gggl 0 $:1", t11 a ~ - li g ~ '" ii" g';l II .....~ Hiio ~"'~~ ~\~i . H~Z'~-I ~ ~ ~9~ PlTNEYe "'8i1 g50~~00377 $ 00. g. ..Q' ~ 8'0 MAILED FROM Zl:~~~: 1 :::; "& ~ ~lA"'; ~ ~ ~.~ ;' = o>'Z ...Po" [JlPoe ttI ""l ~ s.~" '" = ... p. >-0_0>-0 a~~~ ",-> i:T1 g.~!r~ .a'g.s~ ~"Tj()e:: '>-o~g F >- g & r \05~Z o~~> tftocr'Z ;;;g~R' --e(/). .;:.. ~ .... n '<le;C/l::ti ~~g~ :.~gtrl ....... 0 ,..,,, . ~ _ r ..g ~ r< roO ~ ... ==- "''''''' 900 2005 910, . . ~ ~ - - ~ ~~ ~~ :1:.:0 00 r"rn ~ ~ ~ t...:> Q ~ ~,.. ......-!\j.} ~q\ f:7\:',' (/.lJ-:;"- 2;<: -. ~(:: ",-,:.t>--; J:''C Z 2. ~ '5' ~ ~ , o.D - Washington Mutual Bank, FA sjiji To Horneside Lending, Inc. VS Susan K. Rosario a/k/a Susan Rosario a!k/a Susan Reif and Alfredo Rosario The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-685 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12,2005 at 6:26 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 narned defendants, to wit: Susan K. Rosario a!k/a Susan Rosario a/k/a Susan Reif and Alfredo Rosario, by making known unto Alfredo Rosario, personally and husband of Susan Rosario, at 40 G Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same tirne handing to hirn personally the said true and correct copy of the sarne. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2005 at 8:05 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 Susan K. Rosario a/k/a Susan Rosario a!k/a Susan Reif and Alfredo Rosario, located at 40 G Street, Carlisle, 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 defendants, to wit: Susan K. Rosario a/k/a Susan Rosario a!k/a Susan Reif, by regular rnail to their last known address of 40 G Street, Carlisle, P A 17013. These letters were rnailed under the date of July 01,2005 and never returned to the Sheriffs Office. R. Thornas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg, Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 14.96 15.00 15.00 .50 1.00 7.70 2.55 15.00 30.00 Law Journal Patriot News Share of Bills Postpone Sale 335.00 277.94 18.20 20.00 $ 782.85 Sworn and subscribed to before me So Answers ~(?/ .;~ "/",, ~~.-.. U R. Thomas Kline, Sheriff BY JOc0-i Sr;dC-. Real Estate ergeant 2005, A.D. I. ,,'0 C(c.~'~J~J oL 1'7) 3/1 , , W ASIDNGTON MUTUAL BANK, FA, Mil TO HOMESIDE LENDING, INC. Plaintiff, v. SUSAN K. ROSARIO AlKJA SUSAN ROSARIO A1K1A SUSAN REIF ALFREDO ROSARIO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. OS-68S-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. FA, S/I/I TO HOMESIDE LENDING, INC., 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 40 G STREET, CARLISLE, FA 17013. I. Name and address of Owner(s) or reputed Owner(s): Name SUSAN K. ROSARIO AlKJA SUSAN ROSARIO AlKJA SUSAN REIF ALFREDO ROSARIO Last Known Address (if address cannot be reasonably ascertained, please indicate) 40 G STREET CARLISLE, PA 17013 40 G STREET CARLISLE, PA 17013 2. Name and address ofDefendant(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 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER UNITED STATE DEPT. OF JUSTICE U.S. ATTY-MIDDLE DISTRICT OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSISTANT U.S. ATTORNEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 FEDERAL BUILDING 228 WALNUT STREET, P.O. BOX 11754 HARRISBURG, PA 17108 , 4. Name and address oflast recorded holder of every mortgage of record: Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 rnay be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 40 G STREET CARLISLE, PA 17013 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements rnade in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 31, 2005 DATE ~ ' G.J,r~ DANIEL G. SCHMIEG, ,SQUIRE Attorney for Plaintiff , . , W ASIDNGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, INC. Plaintiff, CUMBERLAND COUNTY No. 05-685-CIVIL TERM v. SUSAN K. ROSARIO A/KIA SUSAN ROSARIO A/KIA SUSAN REIF ALFREDO ROSARIO Defendant(s). March 31, 2005 TO: SUSAN K. ROSARIO AlKJA SUSAN ROSARIO AlKfA SUSAN REIF 40 G STREET CARLISLE, PA 17013 ALFREDO ROSARIO 40 G STREET CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at 40 G STREET, CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $1 09,303.93 obtained by WASHINGTON MUTUAL BANK. FA, SIIII TO HOMESIDE LENDING. INC. (the mortgagee) against you. In the event the sale is continued, an announcernent will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you rnust take immediate action: I. 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, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You rnay need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you rnay 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 arnount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer rnay bring legal proceedings to evict you. 6. You rnay be entitled to a share of the rnoney 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 ofthe 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 rnay 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 ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i' LEGAL DESCRIPTION J<U. TRAT "Ii:IlTADI TIUlCT of I.Nm lfITH TIIB IMPl1tJ1/1iMlZIlI'l'S 'IlIEREOI'l BI'l'UA'l'Il m THR FIPTIl wARD OJ!' TIIB llOROUOII 0" CAIlLJ:SLB, ca<lBEilLlIm) OOlIIiTY, PBI!IIII6n.VlINIA. KNOWN AllD DJilSICINllTllD .... WT _. :1.00, 101, 102 NlD THB WllllTJi:ll.\i' 20 FEE'!' OF LOT 110_ 103 011 mB PW\II 01/ LO'1'S ~lIR lIS lIOIlB ACRIW, B1l1D FLlllII' OF WTS BJ<DIQ llllCOlIDlID IN TIIB OFFICB OF THE IlEOOIlDI!lR OF DllBDB OF CUIIIIIlll:W\Il1D <JOQIl'I'l!, PI'lllIUJYLV1IlfTA, m PW\II !lOOK 1. lINJS 93 JWD SAID TRJlCT 01' 1J\lIl) !sIUNCl MORB PARTlan.ARLY IlOIlmlBD AIm DIlSCRTBED AB roLLOllB. IlOtIIlDEIl ON TBB IlORTH BY TIIB B01l'l'IUillIl LIP OF "G" "TREST; Oll TIIB RAST BY PIlOPElRno !lOW OR PORHBRLY OF WILLIAM J:EIlJIIll)y; au nm bOOTH BY LOT 008. 133, 134. 135 A>ID 13&; .AJID OR TtiB WI!lBT BY LOT !to. 99, lIIOW OR. FORllBRLY 011' MARLl.H F08T8Rj SAID T~ 011 LAND HAVING A FRONTAGE Oil .0. BTaWll' OF 96 FBST Allll Illl'NNDIHG J:U DBPTII AT AN BVBN WltITlI, A DIB'I'AJK!B 01' ISO FEET. BIl1NO '!'lIB BAMB PROPERTY lXlIlVKYlm TO aueAll ROIlJ\Rl:O NlD IlLPRllDO ROSAIlIO, IIEIl HUBBARD, Il'l DBJlD PIlOIl 1ll\K\lBl. 1.. Ill:ll"l'J!Il J\ND mERYL- ANN BSIlTIlM. !lIB WIPE, RBOOIUlIl:O 0&/29/'2001 IR DE&!) IlOOJ( 24? PAGIl 803. IN TUB OFFICII OF TIl1l I>IlOOI!DEll OF DEBOB OF CtlMIlSIlLANll 00=, PENY8YLVANIA~ PROPERTY ADDRESS: 40 G STREET, CARLISLE, PA 17013 TAX PARCEL: # 6-19-1641-155 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOO5-685 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., Plaintiff(s) From SUSAN K. ROSARIO A/KJA SUSAN ROSARIO A/KJA SUSAN REIF AND ALFREDO ROSARIO (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRlTPION (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) Ifproperty 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 $109,303.93 L.L. $.50 Interest FROM 3/30/05 TO 9/7/05 (PER DIEM - $17.97) - $2,893.17 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $129.70 Plaintiff Paid Date: APRIL 4, 2005 Other Costs CURTIS R. LONG (Seal) Protho~ 'BY: ' n/t P - P. 77z9?~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN ST A TION 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 # 16 On May 05, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 40 G Street, Carlisle, more fully described on Exhibit "A" Date: May 05, 2005 By:)Odt J JrrUih Real EstJte Deputy ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. ""Ill bS :1, V li - tid~ )UU' , ,- " '. " .i.. , -). . -. ,_," -, {. -~. . '" i :',' '-; \'l':\-:~<<; -.:',1 .:.,0 :l~)l':DU ;i.::l (,....1.,,-, .." .,.. .. .. . i THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 5S 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 m their regular daily andlor 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 Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #16 Sworn to and subscr NOTA Y 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 277.94 REAL ESTATE SALE No. 16 Wrff No. 2005 68!i CIvIl Tenn W88hlngton Mutualll8nk, FA s/III "'_ lending, Inc. v. Susan K. ROlI8rlo _. SUsan R_. _. SlJ88n..ReIf and __0 Ally: DadleI SchmIsg DESCRIPTION ALL TIIAT CElO'AIN tract of land with !be improvements. Ibetton situate in the FifthWatdof the Borough of Carlisi" Cumberland County. Ptnnsylvania. known and designated " Lot Nos, 100. 101, 102, and the..-. 21l foe< of Lot No, 103 on the Plan of Lots known as Home Acres, saidPlanofLotsbeingttcordedmlbeOfliceof the Recordet of Deeds of Cumberbnd County, Ptnnsylvania. m Plan Boot I. Page 93 and said Tract of !.mld being ..... particoJarly bounded and described WJ follOW$; BOUNDED on the _ by the Southern line of "0" Street, on the East by property now or _Iy of William KolmoIy; on the Soudl by Lot Nos. 133, 134. 13l and 136; and on the W", by LotNo, 99, now orfurmerly otMarlin Poster: said Tract ofLand~viDg a frontage on "G" Street of 96 feet IHId exteDdiDgin ~ at an even width, a. dislanceof158reet. BEING !be same pro,:rty oonveyed to Susan Rosario and Alfttdo Ro"ljo. her iwdland. by Deed !roo> Samoel L &ea and Cberyl Ana Beetem, his wife, recorded 0612812001 in Deed Book 247 Page 803. m the Office of the Recmder of Deeds of Cumberland County, Pennsylvania. PROPElITY ADDRESS, 40 G Street. Carlisl" PAt70l3. TAXPARCELiI6-19-16I1.ll5. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Curnberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Curnberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Curnberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisernent, and that all allegations in the foregoing statements as to time, place and character of publication are true. , Editor o AND SUBSCRIBED before rne this day of Julv, 2005 NO L SEA~ LOIS E. SNVDER, Notary Public C 31'SIe BolO, Cumberland County MV Commission El(!)ires March 5. 2009 REAL ESTATE SALE NO. 16 Writ No. 2005-685 Civil Washington Mutual Bank. VA. s/ill to Homeside Lending, Inc. vs. Susan K. Rosario, ajk/a Susan Rosario. a/k/a Susan Reif and Alfredo Rosario Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with tile improvements thereon situ- ate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, known and designated as Lot Nos. 100. 101, 102 and the western 20 feet of Lot No. 103 on the Plan of Lots known as Home Acres, said Plan of Lots being re- corded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 1, Page 93 and gajd tract of land being more particularly bounded and described as follows: BOUNDED on the North by the southern line of "G" Street: on the East by property now or formerly of William Kennedy; on the South by Lot Nos. 133. 134. 135 and 136; and on the West by Lot No. 99, now or formerly of MarHn Foster; said tract of land having a frontage on "C" Street of 96 feet and extending in depth at an even width, a dis- tance of 158 feet. BEING the same property con- veyed to Susan Rosario and Alfredo Rosario, her husband, by Deed from Samuel L. Beetem and Cherylann Beetem. his wife, recorded 06/28/ 2001 in Deed Book 247 Page 803, in the Office of the Recorder of Deeds of Cumberland County, Pennsylva- nia. PROPERTY ADDRESS: 40 G STREET. CARLISLE. PA 17013. TAX PARCEL #6-19-1641-155, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff 21,911 SEP ?o PH 1: CQ I .! BERLAND COUNT V PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff vs SUSAN K. ROSARIO A/K/A SUSAN REIF ALFREDO ROSARIO Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 05-685 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 Discontinued and Ended. z3 Date: September 0, 2011 Dr-1 PHS # 95085 &INALLINAN & SCHMIEG, LLP By: William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff aM} % %.06 Pd OL C?.-? iii a5ag ¦ ? r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County SUSAN K. ROSARIO, A/K/A SUSAN REIF No. 05-685 CIVIL TERM ALFREDO ROSARIO Defendant 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: SUSAN K. ROSARIO A/K/A SUSAN REIF ALFREDO ROSARIO 40 G STREET CARLISLE, PA 17013 Z3 Date: September V, 2011 PHS # 95085 By: Z?? ) William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff