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Home My WebLink About03-4882WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED Plaintiff VS. BRIAN T. PROSSER 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant ~52)3 -' ~/~ ~'- ~ (,~ ~ 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. 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 aflcer the Complaint and notice are served, by entering a written appearance personally or by attomey 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 Complffmt 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 REQUERIILA 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 SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. 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 mall 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 : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW O.,~ - q'gg ,1- ~ ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. 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. 2. 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 CORP., which Note is attached hereto and marked Exhibit "A". 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 BARCLAYS AMERICAN MORTGAGE CORP. and recorded in the aforesaid County in Mortgage Book 412, Page 909. The Mortgage was subsequently assigned to NORWEST MORTGAGE, INC. and recorded in the aforesaid County in Mortgage Book 515, Page 552. 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 Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on March 01, 2003 and all subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $49,837.08 Interest at $8.02 per day From 02/01/2003 To 10/01/2003 ( based on contract rate of 5.875%) $2,189.45 Accumulated Late Charges $120.32 Late Charges $20.94 From 03/01/2003 to 10/01/2003 $188.46 Escrow Balance $1,085.90 Attomey'sFeeat5% of Pfincipal Balance TOTAL $2,491.85 $55,913.06 **Together with interest at the per diem rate noted above after October 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. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. 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. 10. 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. WItEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.875% ($8.02 per diem), together with other charges and costs including escrow advances incidental thereto to the date~ S_heriff's Sale and for foreclosure and sale of the property within described. ,,~/~. ~/7 _,~/~ By: PURCEL R Leon P. Hah"er, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178 PI. ARYLANO NATIONAL NORTGAGE CORPORATION m return for · .mn ~ved from Lendc, Borrowe pronoses pay pfincipa - ' ' - - SIXTY THOUSAND THR~E HUNDRED & 00/100 (U.S. $ 613. 300. O0 ). pins interesk to Ibc order of' Lender. Interest wil] be cherl~d on uapid principl, from lhe date OF disl~i3emem OF Ihc Ionn ~ by Lundef. al · rote OR SIX pefuem ( 6.000 %) p~r ynsr. ~ interes~ rum nm), chcn8~ in m:co~hm~- with Parusmph 5(C1 or this Nme, 3. PROMISK TO PAY SKCURED Borrower's promise to ply is s~curM by · ~, deed or trml o~ similar securi~ in·Itu·cot tim· is dated the s-mn date as thb N~ and oiled the "S~-urity Instrument" ThAt S~curlty Inst;ument proteus the LtmJcr from losses which might result if Borrower dahults under this Nme. 4. M~NNER OF PAYMENT (k) Time Borrower shell nmhe · IMymunt or principal and interest to Lender on the first day of ·ch mouth be~inninf on JANUARY , 1992 . Auy pr~nciLMI and interest remainin~ on the Om day or DECENBER , 202 ] , w~l be due on tbet date, which k c~led the msturity d~te. (B) Ptm Paymunt shcll he made at 110 West Road· Suite 400, Towson, f~ryland 21204 o~ at suc~ other rl-J~ as Lend~ may des~te in wrfdn~ by nodue to Borrower. (O Amonot InifislJy, e~ch monthly ply·eat or pfincipli and intern will he in the ·mount or $ ~ I. 53 . This · mount will be p~rt of a larlcr montbly p~),ment Fequi~d by thc Security lns~fumunt ·bat shall he applied IO pti·capel, int~esl and DiOr items in the mde~ described in the Sccu~y Instrument. This amount amy ch·Be in ~ with Parafrtph S(E) or this Note. S. INTEREST lATE AND MONTHLY PAYMENT CHANGES (A) Cbn~ Dme The intere~ mtn my clun~ on the K~mt day of. APRIL , 1993 SL_tCCe~d__ in~ year. "Chen~ Dm·' Mm e~h date un wbcb the hi·Jut fmc could chc~ · and on that day of each (B) The IldeX · .IJesinning with the f"t~t Clmft~c Date, the inten~ ~.t~ ~i!! ~ ~ ~ au {n~. '~';nde~" .~ans ~ we~k)y ~.vera~ .~td on United *~mtns Trnssury Sueudtim ndjnsted to i constem msturity oF one year, ns ~ available b~ thc Federal ' Reserve Bcord. 'Currem Ind,' mueue tho most recent Index f~ure avahbin 30 days bdo~e the ~ D~ If the Imicz (st defined above) is no Ionp~ avshble, Lender WIll me ns a new Index any index pr·sca'had by the Secretary (st det~med in Pnrqmph ?(B)). Lamb' will sJve Borrow~ amice or Ihc new Index. (C) (Meahdm d lntmm M ~ ~ )j Bero~ nsd8 C3unS~ Ihte, l,endet WIll ns]uulme a m intuut rote by nddinj m marsin or Exactly two ..... peruenteF points ( 2.00 %) to the Current Index snd ronndin~ the sum to the nearest o-,e-eishth or one percenla~ point (0.125%). Su~ect to thc limits rated in Psragmph 5(D) of this Note, this rounded amount will be the I A new interest fa*,' call. dated in ~_____,~,~Mance with Parqmphs 5(C) snd 5(D) of this No~ Mil become 0ffective on tho ChanBe Date, Borrower dull make · payment in the new monthly amount beginning on tho rust payment (hie which OCCURS et I~st 25 dl~ ~ ~ ~ give~ ~ ~]0 I](X~ of ~kin_n~S/~uil~d b~ Plra~f~ph ,~F) of this BorrOwer shall Imve no obl~afion to pay any increase in tl~ monddy payment amount celculatnd in ~___~_rdane~ with Parafmph 5(E) of this Note for any payment dire occurring less than 25 days slier Lender bas given the requinM notice. the monthly payment amount ealculated in _~___,~zdunce with Ptrngraph $(E) of this No~ dec~ensed, but Lender ~ to g~ve timely noiice of the decn~ and Borrower made any monthly payment amounts eacending the payment amount which should have been stated in I dmeiy notice, then Bofl, ower has tho option to c~thc~r (i) demand d~ r~um to Borrowe~ of ·ny excess payment, with interest thereon at the No~ rate (a rate eqns] to the interest rate whJct sho-ld have been stated in a timely notice), or (ii) request that any eacess paymmt, with interest thereon at the Noto rate, he epl~icd paymem of principal L~nder's obllption to retm'n uny eaorss payment with interest on demand is not 9R;geaMe evea if this Note is otherwlse amisned hefore the dmeand for return is mnde. 6. BORROWERS RIGHT TO PRKPAY Borrower bs the right to pay the delx evidenced by this Nme, in whole or in part, without charge or pen-lty, on the f"~.t duy of any month. 7. BORROWgR~ FAILURE TO PAY (S) Late Cbm'le br Overdun Paymants If Lender has'not r~ceived the full monthly payment required by fho Security lnlrument, ss d~scn'hed in Para~iph 4(C) of this Note, by the end of llft~.n cuiendar days after th~ payment is du~ Lender mey collect a late char~ in thc amount of four percent (4~) of the or. den amount of each payment. (B) Ddaulf Jf Bofl~wer defaults by fro'ling to pay in full any monthly ~yment, then Lender may, except as limhcd by re~intions of thc Senretery in the cafe of payment defunlts, require immedJite payment in full of the p~incipnl hlanee r~nminlng dn~ and all i~crued interest. Lender may chun~ not to exercise this option without waiving its r~hts in ~he event of any subsequent default. This Note does not authorize _-_,_-?_leration when no( peflnittod by HUD regulations. As used in this No~ "Secretary" means the Secrete~ of Housing and Urban Development or his or her dasisnne. (C) Payment of Costs and Expene~ If [.eader bas required immedlat~ payment in full, ss desc~hed abov~ Lender may require Borrower to pay c~sts and expanses including renenunb~ &nd customary attorney'S fece for enforcing thb Note. Such fees iud costs shell bear interut from the date of disbunement ut th~ nme rate ns the principal of this Nme. & WAIVERS Bon'ower and any other pmson who bas obl~tioss under thb Note wtive the righfe of presentment and notice of _alt;honor. "Prasentm~ot' means the right to require l.ender to demand payment of amounl~ due. "Nolice of dishonor" means the right to requite Lend~ to give unripe to other peflons that amounts due have not been paM. 9. GIVING OF NOTICES Unless appllcablo law r~quiras · different method, any notice thor must he given to Borrower under this Note will he given by delivering it or by mailing it by first dm marl to Borrower at the property address above o~ at a different nddr~s if Borrowe~ hss given ~ a notice of Borzower'$ different address. Any notice that must he given to Lender under this Note will he given by first class mail to Lender at tho address stet~d in Psrqraph 4(B) or at a different addrms if Borrower is given a fl~i~ of that d~ftre~Jt address. 10. OBLIGATIONS OF PERSONS UNDKR THIS NGT~ If m~r~ than one pa~enn sifm this Note, ~ parson is fuily and pe.r~ly o~igAt~ ~ ~p all of · ~ :' :- ~qd th~s Note, iflc~ding t~.promise to ~ay the full amonnt owed. Any per~ who';, d guarantor, ~i'~ or Note is also oblifale~ aG do tha~ thingL Any panon who tekas over throe oblipLiom, including the oMisatiuns of · gnerautor, surety or enthxs~ of this Note, b also oblilated to Ir~4) Ill of tl~ prot-~_ made in this No;t Lend~ may e~force its rJ~ts uncl~ this Nme nguinst each pr, non individuuiJy or ngainst ,ti sipmorias tngether. Auy one panon sifning this Note may he r-quired to pay all of the amounts owed under this Note. BY SIGNING SELOW? BotTo~ .~ and qrees to the tenm and covamnts contained in this No~. ~itJvmt I~ _ *RD!IBJ T PDriqcCD (SEAL) ~m. rma~ ALL that certain lot and part of a lo[~tu~d tn the Borough of Ne~ Cueberland, County of' Cueberiand, and State of Pennsylvania, L~ing the Southerly eight (8) feet of Lot Nuebered 29 and the whole of Lot Numbered28, In the Willett Heirs' addition to the Borough of Now Cueberland aforesaid, as recorded in the Office of the Recorder of Oeeds tn and for Cueberland County, Pennsylvania, in Plan Book No. 2, at page 24, core particularly bounded and described as follows, to wit: BEGINNING at a point seventeen (17) feet eore or less, south of the southeastern corner forced by the intersection of Lincoln Street, now Park Avenue with Bridge Street at the center of the partition wall separating the property heretndescribed and ~uaber 1229 8ridge Street; thence continuing along the easterly line of Bridge Street southwardly, thirty-three (33) feet, ~ore or less, to the northerly line of Lot No. 27, above eenttoned plan; thence by the northerly line of Lot No. 27, at right angle to bridge Street, one hundred fifty (150) feet to the ~esterly line of a sixteen (15) foot wide alley; thence northerly along said alley, thirty- three (33) feet, core or less, to a point; thence ~estwardly along and thru the center of the partition wall of the double brick house above eentioned a distance of one hundred and fifty {150) feet to the easterly iihe of Bridge Streei, the point or place of BEGINNING. BEING the southerly eight (8) feet of Lot No. 26, and the whole of Lot No. 28 on the plan of lots first eentloned, the whole fomlng a rectangular plot of . ground fronting thirty-three (33) feet on Bridge Street, and extending back in untfore width one hundred fifty (150) feet to the westerly line of a sixteen :-. (16) foot wide publtc alley. ~OO~O3T 5GE ~3~ HAVING thereon erected the southerly hal~ of a double t~o story brick d~elling house, garage, etc:, and known and nuebe~ed No. 1227 Bridge Street, New Gueberland, Pennsylvania. COMPANY NAME: ~mn,~ ~ ~, VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Datecb/~6/o3 By Dean LaRocha Title Asst Secretary CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff Vo MALINDA S. MEEHAN f/k/a MALINDA S. RAMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4882 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER, P.J., HESS and OLER, JJ. ORDER OF COURT AND NOW, this 2nd day of October, 2003, upon consideration of Plaintiff's motion for summary judgment, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Plaintiff's motion for summary judgment in ejectment against Defendant Malinda S. Meehan, and any persons residing through her, is granted, and she is ejected from the premises at 519 Hamilton Street, Carlisle, Cumberland County, Pennsylvania; 2. Plaintiff's motion for summary judgment in ejectment against Defendant Charles Meehan is denied; and 3. Plaintiff's motion for summary judgment for damages against Defendants is denied. ¥iI',NA%~,SNN?d v4eamara Chasan, Esq. The Curtis Center Fourth Floor Independence Square West Philadelphia, PA 19106-3304 Attorney for Plaintiff v(vlalinda S. Meehan Charles Meehan 519 Hamilton Street Carlisle, PA 17013 Defendants, Pro Se BY TILE; COURT, 10.0:l.'03 CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff MALINDA S. MEEHAN f/k/a MALINDA S. : RAMUSSEN and : CHARLES MEEHAN OR: OCCUPANTS 519 : Hamilton Street Carlisle, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-4882 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER, P.J., HESS and OLER, JJ. OPINION and ORDER OF COURT OLER, J., October 2, 2003. In this ejectment action, Plaintiff seeks damages and possession of property which Defendants have allegedly failed to vacate following Plaintiff's purchase of the property at a sheriff's sale.t For disposition at this time is Plaintiff's motion for summary judgment. No response was filed to Plaintiff's motion. The matter was argued on August 27, 2003. For the reasons stated in this opinion, Plaintiff's motion will be granted in part and denied in part. STATEMENT OF FACTS The present action in ejectment was commenced by complaint on October 7, 2002. Plaintiff is Credit Based Asset Servicing and Securitization, having offices at Suite 600, 5373 W. Alabama, Houston; TX 77056.2 Defendants are Plaintiff' s complaint, filed October 7, 2002. Plaintiff's complaint, para. 1; Answer of Defendant Mahnda S. Meehan, par . 1. Malinda S. Meehan and Charles Meehan, now or fbrmerly residing at 519 Hamilton Street, Carlisle, Cumberland County, Pennsylvania.3 According to Plaintiff's complaint, Plaintiff became the owner of the premises at 519 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, by virtue of its purchase of the property at a sheriff's sale on Thursday, September 5, 2002. An answer to the complaint filed on behalf of Defendant Malinda S. Meehan admitted that she was residing on the premises and denied that Defendant Charles Meehan still lived there.4 The answer of Defendant Malinda S. Meehan did not refute Plaintiff's allegation that it was the owner of the premises5 and denied generally Plaintiff's allegation that she had no legal interest in the property.6 No answer was filed on behalf of Defendant Charles Meehan. On December 10, 2002, Plaintiff filed the motion for summary judgment subjudice.7 The motion averred the following, inter alia: 1. Plaintiff is Credit Based Asset Servicing and Securitization. Plaintiff's address is 5373 West Alabama, Suite 600, Houston, TX 77056. 2. Defendants, Malinda S. Meehan, f/k/a Malinda S. Rasmussen and Charles Meehan or Occupants, are individuals residing at 519 Hamilton Street, Carlisle, PA 17013. In defendant's Answer to paragraph 2 of the Complaint, it is admitted that Malinda S. Meehan, f/k/a Malinda S. Rasmussen resides at 519 Hamilton Street, Carlisle, Pennsylvania, but denied that Charles Meehan resides at the aforesaid address · · 3 Plaintiff's complaint, para. 2; Answer of Defendant Malinda S. Meehan, para. 2. 4 Answer of Defendant Malinda S. Meehan, para. 2. ~ The answer indicated that Defendant did not have sufficient information to form a belief as to the truth of the averment. Answer of Defendant Malinda S. Meehan, paras. 3-5. a Answer of Defendant Malinda S. Meehan, para. 6. This general denial was the equivalent of an admission. Pa. R.C.P. 1029(b). 7 Plaintiff's motion for summary judgment, filed March 12, 2003. 2 3. Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013 (the "Property"). 4. Plaintiff became owner of the Property by Assignment from Conti Mortgage Corporation and pursuant to a foreclosure sale after which sale a Deed was lodged at the Department of Records and Settlement made with the Sheriff of Cumberland County. 5. Defendants are now in exclusive possession of the Property without right, and so far as the plaintiff is informed, without claim of title. 6. On September 13, 2002, Plaintiff sent notice by regular and certified mail return receipt requested to defendants to vacate the property. 7. Plaintiff has thus demanded possession of the Property from the defendants who have refused to deliver up possession of the same. 8. Plaintiff by virtue of the above, is the owner of the property, and is entitled to back rent including late charges from February 11, 2000 until present,s Although Defendant Malinda S. Meehan wa~ served with Plaintiff's motion for summary judgment, it does not appear that service was attempted upon Defendant Charles Meehan.9 No answer was filed to Plaintiff's motion for summary judgment. No brief was submitted in opposition to the motion, nor did either Defendant appear at the oral argument to oppose the motion, in person or through counsel.~° DISCUSSION Statement of law. Under Pennsylvania Rule of Civil Procedure 1035.2, it is provided as follows with respect to summary judgment: s Plaintiff' s motion for summary judgment, paras. 1-8. 9 See Certificate of service, PlaintiW s motion for summary judgment. ~0 Counsel for Defendant Melissa S. Meehan was permitted to withdraw from the case, because of Defendant's failure to cooperate in her defense, inter alia. See Petition To Withdraw Appearance, filed July 10, 2003; Rule To Show Cause, July 18, 2003 (Hess, J.); Petition To Make Rule Absolute, filed August 14, 2003; Order of Court, August 19, 2003 (Hess, J.). After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a malXer of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. When considering whether summary judgment is proper, a court must examine the record in the light most favorable to the non-moving party, with all doubts resolved against the moving party. Demmler v. SmithKline Beecham Corp., 448 Pa. Super. 425,430, 671 A.2d 1151, 1153 (1996). "IT]he mission of the summary judgment procedure is to pierce the pleadings and to assess proof in order to see whether there is a genuine need for a trial?' Ertel v. Patriot-News Co., 544 Pa. 93, 100, 674 A.2d 1038, 1042 (1996). The pm-pose of summary judgment is to "eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality." Liles v. Balmer, 389 Pa. Super. 451,454, 567 A.2d 691,692 (1989); see Moritz v. Gluck, 48 Cumberland L.J. 1, 3 (1998). To this end, "[the non-moving party] may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or (2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced. Pa. R.C.P. 1035.3(a). 4 Accordingly, it is well settled that "[s]ummary judgment may be entered against a party who does not respond [to the motion for summary judgment]." Pa. R.C.P. 1035.3(d). Application of law to facts. In the present case, Plaintiff's motion for summary judgment against Defendant Charles Meehan is premature, inasmuch as the pleadings have not been closed as to him, nor does it appear that the motion was served upon him. As against Defendant Malinda S. Meehan, the motion, although consistent with the complaint as to ejectment, is not consistent as to 11 Given the foregoing principles of law, the state of the present record, damages. the absence of a response to PlaintiWs motion for summary judgment, the absence of a defense brief on the motion, and the absence of an appearance at oral argument on behalf of either defendant, the court will enter the following order: ORDER OF COURT AND NOW, this 2na day of October, 2003, upon consideration of PlaintiWs motion for summary judgment, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. PlaintiWs motion for summary jud~nent in ejectment against Defendant Malinda S. Meehan, and any persons residing through her, is granted, and she is ejected from the premises at 519 Hamilton Street, Carlisle, Cnmberland County, Pennsylvania; 2. PlaintiWs motion for summary judgment in ejectment against Defendant Charles Meehan is denied; and 3. PlaintiWs motion for summary judgment for damages against Defendants is denied. n In its complaint, Plaintiff alleges that its ownership of the property in question commenced on September 5, 2002. Plaintiff's motion for summary judgment requests damages from February 11, 2000. BY TH[', COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Tamara Chasan, Esq. The Curtis Center Fourth Floor Independence Square West Philadelphia, PA 19106-3304 Attorney for Plaintiff Malinda S. Meehan Charles Meehan 519 Hamilton Street Carlisle, PA 17013 Defendants, Pro Se 6 SHERIFF'S RETURN - REGULAR CASE NO: 2003-04882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS PROSSER BRIAN T RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PROSSER BRIAN T DEFENDANT , at 1647:00 HOURS, at 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 BRIAN T PROSSER a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 22nd day of September, __ together with by handing to 2003 and at the same time directing His 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 2~ day of ~ ~)3 A.D. othonotary So Answers: R. Thomas Kline 09/23/2003 PURCELL KRUG HALLER Deputy Sheriff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, PLAINTIFF VS. BRIAN T. PROSSER, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4882 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) BRIAN T. PROSSER for failure to plead to the above action within twemy (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $8.02 From 02/01/2003 To 10/01/2003 Accumulated Late Charges Late Charges ($20.94 per month to 10/01/2003) Escrow Deficit $49,837.08 $2,189.45 $120.32 $188.46 $1,085.90 5% Attomey'sCommission TOTAL $2,491.85 $55,913.06 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of SheriWs Sale. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-4882 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK ~.7NITED. PLAINTIFF VS. TOTAL AMOUNT OF JUDGMENT Interest Per diem of $8.02 to sale date BRIAN T. PROSSER, DEFENDANT(S) $55,913.06 $1,243.10 Late Charges $83.76 $20.94 per month to sale date Escrow Deficit $2,000.00 TOTAL WRIT $59,239.92 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 03, 2004 (PROTHONOTARY'S USE) Plff. Paid Deft. Paid Due ProtlCClerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution~.. in the above captioned case. Date: November 30, 2003 Attorney for Plaintiff l 719 North Front Street Leon P. l-I~ller Harrisburg, PA 17102 PA i.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisl~, the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL that certai~ iai and Part of a lot'~J[tu~-~ tn the ~o~ough of ~ C~rland, County oF C~ria~, a~ State of Pennsylvania, ~lng the ~erly eight (8) feet of Lot Nu~be~ 2g and ~e ~ole of Lot N~. 2B, in the Willett Heirs' addition t~ ~e I}orough of New C~erland aforesaid, as reco~e~:l in the ~flce of the ~co~er of i)e~s in a~ for C~rland County, Pennsylvania, in &=lan Bo~ No. 2, at page ~4, mere pa~icularly bound~ and descrit~d as follows, to wit: B£6INN]NG at a point seventeen (17) feet n~re or less, south of the southeastern corner fOTlmd by the intersection of Lincoln Street, now Park Avenue with Bridge Street at the center of the partition wall separating the property hereindescrlbed and Number 1229 IJridge Street; thence continuing along the easterly line of grtdge Strut southwardly, thirty-three (33) feet, mere or less, to the northerly l~ne of Let No. 27, above mntloned plan; thence by the northerly line of tot No. at right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along smid alley, thirty- three (33) feet, more or less, to a point; thence westwmrdly along and thru the center of the partition wall of the double brick house above mentioned m distance of one hundred and fifty (lSO) feet to the easterly lln.e of Bridge Street, the point or place of i)EGINNING. BEIN6 the southerly eight (8) feet of Lot No. 2g, and the whole of Lot No. 28 on the plan of lots first mentioned, the whole forming a rectangular plot of ground frnnttng thirty-three (33) feet on Bridge Street, and extending back tn uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. HAVENG THEREON ERECTED THE SOUTHERLY HALF OF A DOUBLE TWO STORY BRICK DWELLING HOUSE, GARAGE, ETC. AND KNOWN AS 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 BEING THE SAME PREMISES WHICH Joseph R. Mudd and Marie E. Mudd by deed dated 11/27/91 and recorded in Deed Book K-35, Page 596 grm~ted and conveyed unto Brian T. Prosser. TO BE SOLD AS THE PROPERTY OF BRIAN T. PROSSER ON JUDGMENT NO. 03~4882 ASSESSMENT NO. 26-23-0541-230 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK LENITED, PLAINTIFF Vs. BRIAN T. PROSSER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4882 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 22, 2003 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 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 NO. 03-4882 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: OCTOBER 22, 2003 TO: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 THIS LAW 171II3I IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANTNOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVEN~L/E CARLISLE, PA 17013 717-249-3166 I.D. # 15700 1719 N. Front St., Hamsburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, PLAINTIFF VS. BRIAN T. PROSSER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4882 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. ItALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed be ore me this j day of ~.t'cv ~ 20'5 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4882 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F A SUCCESSOR BY MERGER TO BANK UNITED Plaintiff (s) From BRIAN T. PROSSER, 1227 BRIDGE ST., NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1227 BRIDGE ST., NEW CUMBERLAND PA 17070 (SEE LEGL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as foIlows: 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 garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $55,913.06 L.L. $.50 Interest PER DEIM OF $8.02 TO 3/3/04 = $1,243.10 Atry's Comm % Due Prothy 1.00 Atty Paid :$121.73 Other Costs LATE CHARGES $20.94 PER MONTH TO 3/3/04 = $83.76: ESCROW DEFICIT = $2,000.00 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 CURTIS R. LONG eroth~ary t:[ WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, PLAINTIFF VS. BRIAN T. PROSSER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03~4882 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff i~ the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070: 1. Name and address of the Owner(s) or Reputed O~vner(s): BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name m~d address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: Tenants if any... DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal ~nOaV~li;dsgoe~ i~f;~n~t./~.ns ea~tqobneI4i~0f.4Ire~]~t~sttoanudntshw~ tomfa~a~siS~~~bj_ect_.~ to the - Leon P. Haller PA I.D. #15700 x'.... Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:November 30, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, PLAINTIFF VS. BRIAN T. PROSSER, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4882 IN MORTGAGE FORECLOSURE NOTICE OF SHER/FF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sherif£s Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1227 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070 THE JUDGMENT under or pm'suant to which your property is being sold is docketed in the within Cmm~onwealth as~d Comity to: No. 03-4882 JUDGMENT AMOUNT $55~913.06 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BRIAN T. PROSSER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pe~msylvania 17013 7 l 7-249-3166 Legal Services, Inc 8 Irvine Row Cra'lisle, Peunsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgnnent against you. You may also file m~ petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against yom 2. After the Sherif£s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Com-thouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot and pert of a lot'~tuet, ed in the Borough of Nw Cra.bar]and, County oe C~erland, and State of Pennsylvania, ~i~ ~he ~t~rly eighL {8) e~t of LUt N~ 29 end ~he ~ole of Lo~ ~.~, addition ~ ~e ~gh of ~ C~erlafld aforesaid, as ~co~ in the Office of ~ ~co~e~ of ~eds tn a~ fo~ C~]and County, Pennsy]vanla, In Plan B~ ~. 2, at page 24, ~re pa~tlcu]a~]~ boun~ and descri~ to wit: BE$INNIN6 at e point sevenl~en (17) feet more or less, south of the southeastern comer foraed by the intersection of Lincoln Street, no~ Park Avenue with Bridge Street at the center of the partition wall separating the p~ope~cy hereindescribed end Number 1229 Bridge Street; thence continuing along the easterly line of Bridge Street south~e~diy, thirty-three (33) feet, mom or less, to the flortheri), line of Lot No. 27, above mentioned plan; thence by the northerly line of tot No. 27, et right angle to bridge Street, one hundred fifty ($50) feet to the ~esterly line of a sixteen (15) foot wide alley; thence northerly along said alley, thtr~cy- throe (33) feet, mom or less, to a point; thence Yestwanlly along end thr~ the cent~r of the per'citron wail of the double brick house above mentioned a distance of one hundred and fifty (150) feet to the easterly line of Bridge Street. tJ~e point or place of BE$1NNIN6. B£IN6 the southerly eight (8) feet of Lot No. 29, end the ~hole of Lot No. 28 on the plan of lots first mentioned, the whole forming a rectangular plot of ground f~onting thirty-three (33) feet on Bridge Street, and extending back tn untfor~ width one hundred fifty (150) f~et to the westerly line of a sixteen (16) foot wide public alley. HAVING THEREON ERECTED THE SOUTHERLY HALF OF A DOUBLE TWO STORY BRICK DWELLING HOUSE, GARAGE, ETC. AND KNOWN AS 1227 BRIDGE STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 BEING THE SAME PREMISES WHICH Joseph R. Mudd and Marie E. Mudd by deed dated 11/27/91 and recorded in Deed Book K-35, Page 596 granted and conveyed unto Brian T. Prosser. TO BE SOLD AS THE PROPERTY OF BRIAN T. PROSSER ON .RJDGMENT NO. 03-4882 ASSESSMENT NO. 26-23-0541-230 Washington Mutual Bank, FA Successor By merger to Bank United VS Brian T. Prosser In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4882 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Poundage l 6.52 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 23.46 Law Journal 377.00 Patriot News 299.83 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 842.63 paid by attorney 02/24/04 Sworn and subscribed to before me This g/,~ day 2004, A.D .(~, ~_~ ~ ~oJ)~,/~ Prothonotary R. Thomas Kline, Sheriff R~al Es~te Deputy '~'h ¥o eD,.. q q ~,~ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct NC. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 Dauph~ in Miscellaneous Book "M", PHBLICATION ................................................................................ COPY ~or~ ;o an~ subs' !;!~. ~)t~';~ ~004 A..D S A L E #69 Notad;~SeeJ MyCommissionExpiresJune-6,;20~6CityOfHardsburg' DauphinC~/t I NO"~ARY PUBLIC Member. Penns,/~,aniaAss(x:iationOf~" '-'~- commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 299.83 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. ~¢ 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 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, 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 tree. REAL ~,STATE SAL~ NO. 69 Writ No. 2003 4882 Civil Washington Mutual Bank, FA successor by merger to Bank United VS, Brian T. Prosser Atty: Leon P. Hailer ALL that certain lot and part of a lot situated in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Southerly eight (8) feet of Lot Numbered 29 and the whole of Lot Numbered 28. in the Wlllett Heirs' addition to the Borough of New Cum berland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cnmberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bound ed and described as follows, to wit: BEGINNING at a point seventeen [17) feet more or less, south of the southeastern corner formed by the intersection of Lincoln Street, now Park Avenue with Bridge Street at the center of the partition wall sepa- rating the property hereindescribed and Number 1229 Bridge Street; thence continuing along the easterly line of Bridge Street southwardly, thirty-three (33) feet, more or less, to the northerly line of Lot No. 27. above mentioned plan; thence by the northerly line of Lot No. 27, at ri4Jht angle to Bridge Street, one hundred fifty (150) feet to the westerly line isa Marie Coyne~, ~ditor SWOR~TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 ~t~'~AL SEAL LOIS E. SNYDER, Notary Public Ca~lisle Boro, Curn~rland County My Commission Expires March 5, 2005 Numbercd 28, in the Willett Heirs' addition to the Borough of New Cum borland aforesaid, as recorded in the Office of the I~ecorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bound- ed and described as follows, to wit: BEGINNING at a point seventeen (17} feet more or ]ess, south of the southeastern corner formed by the intersection of Lincoln Street, now Park Avenue with Bridge Street at thc center of the partition wall sepa- rating the property hereindescribed and Number 1229 Bridge Street; thence continuing along the easterly line of Bridge Street southwardly, ttdrty-tttree (33) feet, more or less, to the northerly line of Lot No. 27, above mentioned plan; thence by the northerly line of Lot No. 27. at right angle to Bridge Street, one hundred fifty 1150l feet to the westerly line of a sixteen (16) foot wide alley: thence northerly along said alley, thirty-tl~ee (331 feet, more or less, to a point: thence westwardly along and thru the center of the partition wall of the double brick house above mentioned a distance of one hun dred and fifty (150} feet to the east erly line of Bridge Street, the point or place of BEGINNING. BEING the southerly eight (8) feet of Lot No. 29, and the whole of Lot No. 28 on the plan of lots first men- tioned, the whole forming a rectan- gular plot of ground fronting thirty- three 13B) feet on Bridge Street, and eXtending back in uniform width one hundred fifty (1501 feet to the west- erly line of a sixteen (10) foot wide public alley. HAVING THEREON ERECTED THE SOUTHERLY HALF OF A DOU lilLE TWO STORY BRICK DWELL lNG HOUSE. GARAGE, ETC. AND KNOWN AS 1227 BRIDGE STREET, NI~W CUMBERLAND, PENNSYLVA- NIA 17070. BEING THE SAME PREMISES WHICH Joseph R. Mudd and Marie E. Mudd by deed dated 11/27/91 and recorded in Deed Book K-35, Page 596 granted and conveyed unto Brian T. Prosser. TO BE SOLD AS THE PROP- ERTY OF BRIAN T. PROSSER ON JUDGMENT NO. 03-4882. ASSESSMENT NO. 26 23~0541 230. Carlisle Boro, Cumt My Commission Expir WASHINGTON MUTUAL B~/qK, FA SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. BRIAN T. PROSSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2003 - 4882 IN MORTGAGE FORECLOSURE p RA E C I P E TO THE PROTHONOTARY: Please mark the judgment entered against the Defendant satisfied of record, because the mortgage has been reinstated and the default cured. PURCELL, KRUG & HALLER Leon P. Haller ID/~5700 Attorney for Plaintiff 171!) North Front Street Harrisburg, PA 17102 DATE: March 24, 2004