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Home My WebLink About03-0083WASHINGTON MUTUAL BANK, FA SUCCCESSOR BY MERGER TO BANK UNITED Plaintiff VS. BRIAN T. PROSSER Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE DE ABOGADOS), (215)238-6300. SERVICE" (SERVICIO DE REFERENC[A CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. BRIAN T. PROSSER, Defendant : IN THE COURT OF COMMON PLEAS · ' CUMBERLAND COUNTY, PENNSYLVANIA .' : CIVIL ACTION LAW · ' ACTION OF MORTGAGE FORECLOSURE .- THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. BRIAN T. PROSSER, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA .' : CIVIL ACTION- LAW : : ACTION OF MORTGAGE FORECLOSURE : COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. Defendant, BRIAN T. PROSSER, is an adult individual, whose last known address is 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. On or about, November 27, 1991, the said Defendant, executed and delivered a Mortgage Note in the sum of $60,300.00 payable to MARYLAND NATIONAL MORTGAGE COMPANY. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendant. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1037, Page 729 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANK UNITED and recorded in the aforesaid County in Mortgage Book 586, Page 398. Washington Mutual Bank, FA is Successor by Merger to Bank United· The Said Mortgage and Assignment are incorporated herein by reference. The land subject to the Mortgage is: 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $8.15 per day From 07/01/2002 To 02/01/2003 ( based on contract rate of 5.875%) Accumulated Late Charges Late Charges $20.94 From 08/01/2002 to 02/01/2003 $50,668.13 $1,980.45 $104.70 $167.52 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $851.98 $2,533.41 $56,306.19 **Together with interest at the per diem rate noted above after February 01, 2003 and other charges and costs to date of Sheriff's Sale. 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 that are actually incurred by Plaintiff. No judgment has been entered upon said Mortgage in any jurisdiction. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. I0. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.875% ($8.15 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By:_ PUR~ALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ~uuncy et Cu~D~?~ah~ ~d SCa~e of P~nn"y]vania b~ing tile S~u~h~?l~ ei~h~ [8~ feet of Lot I~umberm)d 29 and :he who~a of Lac Kumbered 28, ~n ~he '~xI]e~t Heirs' odCi~ion to the 8o"oug~ of ~ew Cumberland aforesaid, as recorOed ~n the Office of t~e Recorder o? Oeeds in and For CumberIan~ Co,Jnty, Penq~yl,/an~a, ~n Plan Dook Ne. 2. at pag,~ 24, more pa?tEcu)oriy bounded and described ~ fo]lows, corner formed by tie [ntersectJen of Lincoln S~reet, no~ P~r~ Avenue uith Bridge Street at the center of the partition wa)l separating the property hereindescribed and Number 1229 Oridge SLreeC; thence continuing atono the easterly hne o? Dridge Street southwardly, thJrty-lhree {33) feet, ~ore or less, ~o the northerly Of LO~ ~o. 27, above mentioned plan; tncnce by the nort~mriy JJne'cf Lot ~o. 27, ot rig')[ angJe to eridge Street, one hundred fifty (iSO) fact t~ the westerly line cf a s~x[een (15) foot wife alley; thence Kor~her)y along sa~d alley, t~lrty- tllree (23) feet, note or Jess, [o a po~nt; tl~ence westwerd[y aIon~ and thru the center of the p~rtition wail of 'the doub!e brick hou$~ above mentioned a distance of one hundred ant f[fty (1SO) feec to tile easterly line cP 9r~uge Street. point or piece of VERIFICATION I, the undersigned hereby verify that I am a representative of the plaintiff and I am authorized to make this Verification. I hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to the authorities. IATE: Jaamry 2, 2003 Name: Dean LaRocha Title: Asst. Secretary Company: Washington Mutual Bank FA SHERIFF'S RETURN - REGULAR CASE NO: 2003-00083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS PROSSER BRIAN T 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 PROSSER BRIAN T the DEFENDANT , at 1705:00 HOURS, on the 24th day of January at 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to MARGIE PROSSER, WIFE a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~3 day of k~/~ ...... ~2~} A.D. ~ /Prothonotary So Answers: R. Thomas Kline 01/27/2003 PURCELL KRUG HALLER WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. BRIAN T. PROSSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 83 Civil Term IN MORTGAGE FORECLOSURE P RAEC I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 6, 2003