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HomeMy WebLinkAbout07-5694PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162408 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0'7- 5(o9q O ivi I Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162408 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162408 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 File #: 162408 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 162408 Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/27/1991 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MARYLAND NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1037, Page: 729. By Assignment of Mortgage recorded 02/02/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 734, Page 582. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 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 #: 162408 6. The following amounts are due on the mortgage: Principal Balance $42,389.92 Interest $1,428.42 04/01/2007 through 09/26/2007 (Per Diem $7.98) Attorney's Fees $1,300.00 Cumulative Late Charges $86.72 11/27/1991 to 09/26/2007 Cost of Suit and Title Search $750.00 Subtotal $45,955.06 Escrow Credit $0.00 Deficit $709.61 Subtotal $709.61 TOTAL $46,664.67 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 162408 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $46,664.67, together with interest from 09/26/2007 at the rate of $7.98 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCH G, LLP ? ? By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162408 LEGAL DESCRIPTION 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separating 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 right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) 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 hundred and fifty (150) feet to the easterly line of Bridge Street, the point or place of BEGINNING. PARCEL NO: 26-23-0541-230 File #: 162408 BEING the southerly eight (8) feet of Lot No. 29, and the whole of Lot No. 28 on the plan of lots first mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. PROPERTY BEING: 1227 BRIDGE STREET File #: 162408 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 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 Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Al 00 r Q, SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-05694 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS PROSSER BRIAN T R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: PROSSER BRIAN T but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE He therefore returns the the within named DEFENDANT PROSSER BRIAN T 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 OBVIOUSLY SOMEONE HOME, BUT NO ONE WILL ANSWER DOOR. Sheriff's Costs: Docketing 18.00 Service 17.28 Affidavit .00 Surcharge 10.00 .00 0? 45.28 So answers - -%? R. Thom s Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/15/2007 Sworn and Subscribed to before me this day of NOT SERVED , as to A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162408 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o7- 5190 Civil (erM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ' 44k COPY FROM RECORD -n Te0mony whwt, ! here unto set my hanL and it NO of said Court at Carlisle, Pa. -..$ y oZ7 by cevo' Itte- u ?Ie ®?tce C"j File #: 162408 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162408 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 File #: 162408 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 162408 Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/27/1991 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MARYLAND NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1037, Page: 729. By Assignment of Mortgage recorded 02/02/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 734, Page 582. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 05/01/2007 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 #: 162408 P ,,: i'ollowing amounts are due on the mortgage: Principal Balance $42,389.92 Interest $1,428.42 04/01/2007 through 09/26/2007 (Per Diem $7.98) Attorney's Fees $1,300.00 Cumulative Late Charges $86.72 11/27/1991 to 09/26/2007 Cost of Suit and Title Search- $750.00 Subtotal $45,955.06 Escrow Credit $0.00 Deficit $709.61 Subtotal $709.61 TOTAL $46,664.67 ;1iortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may lh> less than the amount demanded based on work actually performed. The attorney's fees :. ue°sted are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its r k ,. y collect attorney's fees up to 5% of the remaining principal balance in the event the f rc+j,e rty is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the ~1?=:: ~ requires additional fees in excess of the amount demanded in the Action. ?"Ia.intiff is not seeking a judgment of personal liability (or an in personam judgment) a .ainst the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. lc #: 162408 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $46,664.67, together with interest from 09/26/2007 at the rate of $7.98 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCH G, LLP ` By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162408 LEGAL DESCRIPTION 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separating 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 right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) 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 hundred and fifty (150) feet to the easterly line of Bridge Street, the point or place of BEGINNING. PARCEL NO: 26-23-0541-230 File #: 162408 BEING the southerly eight (8) feet of Lot No. 29, and the whole of Lot No. 28 on the plan of lots first mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. PROPERTY BEING: 1227 BRIDGE STREET File #: 162408 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 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. 1 Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ^? T+ U U lip Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Wells Fargo Bank, N.A. Court of Common Pleas Civil Division vs. Cumberland County Brian T. Prosser No. 07-5694-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Brian T. Prosser, by first class mail and certified mail to the Defendant at the mortgaged premises, 1227 Bridge Street, New Cumberland, PA 17070, posting of the mortgaged premises, 1227 Bridge Street, New Cumberland, PA 17070, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Brian T. Prosser, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 1227 Bridge Street, New Cumberland, PA 17070. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", there was someone in the property but they refused to answer the door. 3 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of December 4, 2007, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on 11/21/2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's November 21, 2007 letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of December 4, 2007 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Brian T. Prosser but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan ieg, LLP By: 15iflie . c ieg, Esquire Attorneys for Plaintiff December 4, 2007 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Wells Fargo Bank, N.A. vs. Brian T. Prosser Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-5694-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 5 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriff s Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: a.g, squire Attorney for Plaintiff Date: December 4, 2007 6 SHERIFF'S RETURN - NOT SERVED CASE NO: 20'07-05694 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS PROSSER BRIAN T R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: PROSSER BRIAN T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT PROSSER BRIAN T 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 OBVIOUSLY SOMEONE HOME, BUT NO ONE WILL ANSWER DOOR. Sheriff's Costs: Docketing 18.00 Service 17.28 Affidavit .00 Surcharge 10.00 .00 45.28 So answers _??' --,_-? " R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/15/2007 Sworn and Subscribed to before me this day of A.D. NOT SERVED , as to ,? FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 162408 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Brian T. Prosser Current Address: 1227 Bridge Street, New Cumberland, PA 17070 Property Address: 1227 Bridge Street, New Cumberland, PA 17070 Mailing Address: 1227 Bridge Street, New Cumberland, PA 17070 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Brian T. Prosser - xxx-xx4638 B. EMPLOYMENT SEARCH Brian T. Prosser - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Brian T. Prosser reside(s) at: 1227 Bridge Street, New Cumberland, PA 17070. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Brian T. Prosser. B. On 09-19-07 our office made a telephone call to the phone number (717) 774-4230 and received the following information: spoke with an unidentified male who confirmed that Brian T. Prosser reside(s) at: 1227 Bridge Street, New Cumberland, PA 17070. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-19-07 we reviewed the National Address database and found the following information: Brian T. Prosser -1227 Bridge Street, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Brian T. Prosser. .- V. OTHER INQUIRIES A. DEATH RECORDS As of 09-19-07 Vital Records and all public databases have no death record on file for Brian T. Prosser. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Brian T. Prosser residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Brian T. Prosser - 09-1964 B. A.K.A. Brian Thomas Prosser * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affi? mv is°made subject to tY?e pen s o Pa C.S. c. 4904 relating to ?orn fa f rities. `r - - MORA M. FERR el tide. CA)4M' v ei Philad phia ?P gem 22o- CAY AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Cotnrn?ss4t?r; ?x ?v: m...,?-..?_?,,.?. Sworn to and subscribed before me this 19th day of September, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey November 21, 2007 Brian T. Prosser 1227 Bridge Street New Cumberland, PA 17070 RE: Wells Fargo Bank, N.A. vs. Brian T. Prosser Premises Address: 1227 Bridge Street, New Cumberland, PA 17070 Cumberland County, No. 07-5694-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 11/28/07 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 9 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan chmieg, LLP :a By: aniel G. Schmieg, Esquire Attorney for Plaintiff December 4, 2007 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Wells Fargo Bank, N.A. Court of Common Pleas Civil Division vs. Cumberland County No. 07-5694-Civil Term Brian T. Prosser CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Brian T. Prosser: 1227 Bridge Street New Cumberland, PA 17070 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: - c ieg, Esquire Date: December 4, 2007 Attorney for Plaintiff 8 ?"`,, f^J ? _ ?. +'. Y _. r"'j ?.? j _„? C.ri .-,-, ,- e? r ?? .-t.? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A COURT OF COMMON PLEAS Plaintiff VS. BRIAN T. PROSSER Defendants CIVIL DIVISION CUMBERLAND COUNTY : No. 07-5694-CIVIL-TERM PRAECIPE TO REINSTATE CIVIL ACTION/I%IORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: November 21, 2007 LAN HALLINAN SC G, LLP By: F NCIS S. HAL A , ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 162408 M. V W O O 0 0 ncr 06200''14 "If ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Civil Division VS. No. 07-5694-Civil Term Brian T. Prosser ORDER AND NOW, this day of 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Brian T. Prosser, by: 1. Posting of the premises: 1227 Bridge Street, New Cumberland, PA 17070. 2. First class mail to Brian T. Prosser at the mortgaged premises located at 1227 Bridge Street, New Cumberland, PA 17070; and 3. Certified mail to Brian T. Prosser at the mortgaged premises located at 1227 Bridge Street, New Cumberland, PA 17070; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Brian T. Prosser 1227 Bridge Street New Cumberland, PA 17070 QC>P y ? a l L-CL /2-/'7/07 J. 2 1i Z • 1 148 L-- 330 LOCI 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 WELLS FARGO BANK, N.A Plaintiff VS. BRIAN T. PROSSER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL. DIVISION CUMBERLAND COUNTY No. 07-5694-CIVIL-TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: January 3, 2008 P LAN HALL N HMIEG, LLP By: I- F NCIS S. IL'kLLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 162408 rw ? C ? * E : C.:.. t'r A? ?a v PUELAN HALLINAN & SCHMIEG LLP By: Cawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION Brian T. Prosser Defendant : CUMBERLAND COUNTY : NO. 07-5694-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Brian T. Prosser at 1227 Bridge Street, New Cumberland, PA 17070, on January 4, 2008, in accordance with the Order of Court dated December 6, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: January 3, 2008 .. e 'Afl,__ F NCIS S. LLINAN, ESQUIRE Attorney for Plaintiff 7160 3901 9845 3883 0685 Brian T. Prosser TO: 1227 Bridge Street New Cumberland, PA 17070 SENDER: )mr ` 162408 REFERENCE: PS Form 3!300 Janua 2005 41 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restrided Delivery Total Postage & Fees R PH( US Postal Service POST ?FKOR DATE ` Receipt for 7' s4 . 30 s Certified Mail No Insurance Coverage Provided 1 r Do Not Use for International Malt ; Ti Se ?? t?_ SHERIFF'S RETURN - REGULAR CASE NO: 2007-05694 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS PROSSER BRIAN T GERLAD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PROSSER BRIAN T DEFENDANT the at 1858:00 HOURS, on the 8th day of January , 2008 at 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY AT 1227 BRIDGE STREET NEW CUMBERLAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.32 Posting 6.00 Surcharge 10.00 .00 IJ?ti?0? 50.32 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/10/2008 PHELAN HALLINAN SCHMIEG By. Deputy She ff was served upon 0 f A. D. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. VS. Brian T. Prosser Court Of Common Pleas : Civil Division Cumberland County : No. 07-5694-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated December 6, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on January 9, 2008 and the Cumberland County Law Journal on January 11, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rancis S. Ha inan, Esquire Date: February 6, 2008 Jason Ricco Service Dept. 162408 w PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) January 09, 2008 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 09th. day of Tanuary, 2008. Notary Pu My commission expires: `7 /l! &o COMMONWEALTH OF PENNSYLVANIA Notarial Seel Christina L. WOWS. Notary Public Carlisle Boro, CrmberkW County My CornrNssion EVires Sept. 1, 2008 Member, Pennsylvania Association Of Notarie. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz January 11, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - "? ?Z t?- isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 11 day of January, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 a-. .. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-5694-Civil Term Wells Fargo Bank, N.A. vs. Brian T. Prosser NOTICE TO Brian T. Prosser: You are hereby notified that on September 28, 2007 and reinstated December 5, 2007, Plaintiff, Wells Fargo Bank, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County, Pennsylvania, docketed to No. 07-5694-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1227 Bridge Street, New Cumberland, PA 17070 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Jan. 11 14 r--13 0 ?1 yeti PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 V. Defendant(s). CIVIL DIVISION NO. 07-5694-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: QS t7? PROP THY 162408 TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BRIAN T. PROSSER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 09/27/07 to 03/03/08 TOTAL $46,664.67 $1,268.82 $47,933.49 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. •- PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 15) 563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. BRIAN T. PROSSER Defendants TO: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: FEBRUARY 5, 200R : CUMBERLAND COUNTY :NO. 07-5694 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 X SON SEIDMAN, Legal Assistant CIVIL DIVISION 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Plaintiff, V. BRIAN T. PROSSER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5694-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRIAN T. PROSSER is over 18 years of age and resides at, 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff w (? -(, n C o C30 O r 4? ' T l W DP `M1 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD Plaintiff, CIVIL DIVISION V. , NO. 07-5694-CIVIL TERM BRIAN T. PROSSER Defendant(s). 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 HAVE 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. Notice is given that a Judgment in the above-captioned matter has been entered against you on Marck 5, 200?,,. CUMBERLAND COUNTY COURT OF COMMON PLEAS By: If you have any questions concerning this matter, please contact: DEPUTY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5694 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From BRIAN T. PROSSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $47,933.49 L.L.$ 0.50 Interest from 3/04/08 to 6/11/08 (per diem - $7.88) -- $788.00 and Costs Atty's Comm % Atty Paid $234.60 Plaintiff Paid Date: 3/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,383.23 ojlxkc?, Pro notary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. BRIAN T. PROSSER Defendant(s). No. 07-5694-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/04/08 TO 06/11/08 (per diem -$7.88) Add'1 Costs TOTAL $47,933.49 $788.00 and Costs $2,383.23 $51,104.72 nj -"? A?? - DANIEL G. SCHMIEG, ESQUI 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 aabsence of a representative of the plaintiff at the Sheriff's Sale. 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. 162408 w ? o? a? o? ?w a o H u4 00 ?z o? xw H ? z? z z w w a H as z 0 U u w? u o~ H u o w °o U w 4.1 a F 1.01 45 ti Ile Ei 1-4 00 0 ,It N .? G Z9 q t l ? ?' .? ur A' rra rr= 3- MM to o 0 () c1 t 0 ?8 OO8 0 000 <, ?-, b -_P0 X-rn C f, OF. C 0 6 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Civil Division vs. No. 07-5694-Civil Term Brian T. Prosser r ORDER AND NOW, this G day of 'Df C-e on?" , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Brian T. Prosser, by: 1. 'Posting of the premises: 1227 Bridge Street, New Cumberland, PA 17070. 2. First class mail to Brian T. Prosser at the mortgaged premises located at 1227 Bridge Street, New Cumberland, PA 17070; and 3. Certified mail to Brian T. Prosser at the mortgaged premises located at 1227 Bridge Street, New Cumberland, PA 17070; and 4. Publication in accordance with PA. R.C.P. 430. COURT:) Cc: Brian T. Prosser 1227 Bridge Street New Cumberland, PA 17070 J. in Testimony whereof, I here unto spt rt't land and these4l of said rt at Carlisle, Pa e 012 Proton , try LEGAL DESCRIPTION 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separating 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 right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) 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 hundred and fifty (150) feet to the easterly 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 mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian T. Prosser, single person, by Deed from Joseph R. Mudd and Marie E. Mudd, his wife, dated 11/27/1991, recorded 12/03/1991, in Deed Book K 35, page 596. PARCEL IDENTIFICATION NO: 26-23-0541-230 PROPERTY ADDRESS: 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070 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 WELLS FARGO BANK, N.A. Plaintiff, V. BRIAN T. PROSSER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5694-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, 9SQUIRPE Attorney for Plaintiff c? ao M rn , , ? cst C WELLS FARGO BANK, N.A. Plaintiff, CUMBERLAND COUNTY V. COURT OF COMMON PLEAS BRIAN T. PROSSER CIVIL DIVISION Defendant(s). NO. 07-5694-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., 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,1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name BRIAN T. PROSSER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Washington Mutual Bank, F.A. Washington Mutual Bank, F.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120 C/O Mark J. Udren, Esq., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, N.J. 08003-3620 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ' March 3, 2008 V, - lu, J- DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff n CZ N c_, w SC oils ILr, "4 WELLS FARGO BANK, N.A. Plaintiff, V. BRIAN T. PROSSER Defendant(s). CUMBERLAND COUNTY No. 07-5694-CIVIL TERM March 3, 2008 TO: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $47,933.49 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separating 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 right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) 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 hundred and fifty (150) feet to the easterly 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 mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian T. Prosser, single person, by Deed from Joseph R. Mudd and Marie E. Mudd, his wife, dated 11/27/1991, recorded 12/03/1991, in Deed Book K 35, page 596. PARCEL IDENTIFICATION NO: 26-23-0541-230 PROPERTY ADDRESS: 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION BRIAN T. PROSSER Defendant(s) NO. 07-5694-CIVII, TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning thereat property located at: 1227 RRIDGIE STREET, NFW C'ITMRF.RI.AND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P ? r DANIEL G. S HMI G, ESQUIRE Attorney for Plaintiff Date: May 2, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in he ahcenee of n 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. 162408 .01 60161 - 800E _ 054 0, O All a a dd ?O ?xa r, a L 3aOa dlZ WOa3 0311M s0 MYN 0 Loa MPODO INL 40 ' Sol! . %Odo 8 b w ? A ? c x w' o Q ? ar ? g a co w ?, b g W ? , ? ^ 00 ? 3 z ?a A 3 ? "' ? ? A a Z F ? . o V A w ? o ? ? ' ? ? ? '" .?4 C ta rx ? W p Gq `QD '? a ? ? r. o M pM c7 A 0 Q ? ? ? ? N eq :v 4 .0 Pa ? ^ W " - I: aV 44 V p o ? o r~ ?; I z ? cg U? a'"a Aw 3 $ri? pq ca ? Z C4 N C M ? 3?. ?a -rt cry ? : v ?? T r ? r -15 rn PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas VS. Plaintiff Civil Division CUMBERLAND County BRIAN T. PROSSER No. 07-5694-CIVIL-TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on September 28, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on March 5, 2008 in the amount of $47,933.49. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $42,389.92 Interest Through June 11, 2008 $3,397.61 Per Diem $6.82 Late Charges $86.72 Legal fees $1,500.00 Cost of Suit and Title $1,590.73 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $120.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,556.01 TOTAL $50,640.99 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 5, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Guido entered an order for special service dated December 6, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: - o 4Ph 'n c eLLP By: e rad or , qui Attorney for Plaintiff MAY 2 7 2DD6 pay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff VS. BRIAN T. PROSSER Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-5694-CIVIL-TERM A A RULE AND NOW, this day of 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the day of 2008, at the Main Courtroom of the Cumberland County Courthouse, Carlisle, Pe Ivania. BY T T J. `Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordgfedphe.com BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 162408 6 CS eV1,1l t 0.L s/z4?o? ?, ?? ?'? ? ;1.i ?' ,4 ._ ' " t s `? ? : r - - ? ` ` N . ?- y ?- ? ? C.? MAY 2 7 2008 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division BRIAN T. PROSSER CUMBERLAND County No. 07-5694-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 DATE: S l7 1 eg, LLP By. Michel M. Bradford, Esqui e Attorney for plaintiff ?% ? '; i`?,3 (y*? r.. b:.? `? ??: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MAY 2 7 2008 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County BRIAN T. PROSSER No. 07-5694-CIVIL-TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE BRIAN T. PROSSER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. I In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage CoUp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co of N.Y. vs Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. M. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnershi v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: S By: Anorney tor riamtitt Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 626.95 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 162408 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 Defendant C a s I C3 C? ? ? rv ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. G(M C-1 V; I -F em CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE g G0V!" r , ATTORNEY ..EASE 4?? ` :.:;, wghE ,0, W?th1n tb of . ova 4fil File 8.: 162408 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO' TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT-A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 - File #: 162408 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 WATT 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 File #: 162408 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR. ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 1624{18 1. Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3• On 11/27/1991 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MARYLAND NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1037, Page: 729. By Assignment of Mortgage recorded 02/02/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 734, Page 582. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 05/01/2007 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 #: I624o8 6. The following amounts are due on the mortgage: Principal Balance $42 389 92 .Interest , . $1 428 42 04/01/2007 through 09/26/2007 , . (Per Diem $7.98) Attorney's Fees $1 300 00 Cumulative Late Charges , . $86 72 11/27/1991 to 09/26/2007 . Cost of Suit and Title Search 750.00 Subtotal $45,955.06 Escrow Credit $0.00 Deficit Subtotal $709.61 $709.61 TOTAL _ $46,664.67 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Filc #: 162408 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sur1j of $46,664.67, together with interest from 09/26/2007 at the rate of $7.98 per diem to the .:'rat; f Judgment, and other costs and charges collectible under the mortgage and for the foreclosure -r sale of the mortgaged property. PHELAN HALLINAN & SC , LLP By /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filo #: 1624()8 LEGAL DESCRIPTION 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separating the property hereindeseribed 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 right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) 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 hundred and fifty (150) feet to the easterly line of Bridge Street, the point or place of BEGINNING. PARCEL NO: 26-23-0541-230 File M: 1624oS BEING the southerly eight (8) feet of Lot No. 29, and the whole of Lot No. 28 on the plan of lots first mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. PROPERTY BEING: 1227 BRIDGE STREET File M 162408 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff' in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff Upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: , Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff, ATTORNEY HLE COPY PLEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION BRIAN T. PROSSER NO. 07-5694-CIVIL TERM 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 ATTORNEY HLE uuvy Defendant(s). PLEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO "'I ? ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 4 c;, 21 c-, v Kindly enter an in rem judgment in favor of the Plaintiff and against BRIAN. , P SS Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from serape r and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint ?, 9 Interest from 09/27/07 to 03/03/08 Jx_ $$6,2 ,664.67 g.82 TOTAL $47,933.49 R I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. l; J,Jr L DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 0 PRO ROTHY 162408 Exhibit `6C" 4 ? PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey May 5, 2008 BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 RE: WELLS FARGO BANK, N.A. vs. BRIAN T. PROSSER Premises Address: 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 07-5694-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, May 9, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. C ery Mi el M. Brad rd, squire For Phelan Hallinan & Schmieg, LLP Enclosure • R VERIFICATION Michele M. Bradford, Esquire, hereby s action fates that she is the att orne that she is authorized to make y for Pl this verification amhff in this Motion to Reassess Da ,and that the statements mages are made in the fore b oing true and correct to the best of her g elief. The undersigned fowled f understands that this fie, ormation and Pa- C.S. §4904 statement herein is made subject to relating to the penalties of 18 unsworn falsification to authorizes. DATE: By: Attorne - ` -"%Jlura y for Plaintiff Ar. few. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. BRIAN T. PROSSER Defendant TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5694-CIVIL-TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed ontA"7-31266? in the above referenced action. DATE: V 01 6 al ' & ieg, LLP B: the e M. Bradford, quire Attorney for Plaintiff f PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. BRIAN T. PROSSER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5694-CIVIL-TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 DATE: MMnii Schmieg, LLP By: e M.Bradfor quire orney for Plaintiff Am U1 '. c Ln -0 a ? ?, Wells Fargo Bank, N.A. VS Brian T. Prosser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5694 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Brian T. Prosser, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description, as NOT FOUND, as to the within defendant, Brian T. Prosser. Nine attempts at service were made upon the defendant; either no one was home or they would not answer the door. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2008 at I110 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Brian T. Prosser located at 1227 Bridge St., New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Defendant's account is reinstated; plaintiff collected $14,534.66 in consideration of the stay. Sheriff s Costs: Docketing 30.00 Poundage 290.69 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 72.00 Levy 15.00 Surcharge 20.00 Law Journal 419.00 Patriot News 426.80 Share of bills 14.73 10ff' ?- 320 $1 72 G1 , . , So Answers: R. Thomas Kline, Sheriff BYdt&L?AL. Real Estate S geant Ck ptZ4 ( WELLS FARGO BANK, N.A. ` Plaintiff, V. BRIAN T. PROSSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5694-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., 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,1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name BRIAN T. PROSSER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Washington Mutual Bank, F.A. Washington Mutual Bank, F.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120 C/O Mark J. Udren, Esq., Wooderest Corporate Center, 111 Wooderest Road, Suite 200, Cherry Hill, N.J. 08003-3620 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3, 2008 ` DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff or, WELLS FARGO BANK, N.A. Plaintiff, V. CUMBERLAND COUNTY No. 07-5694-CIVIL TERM BRIAN T. PROSSER Defendant(s). March 3, 2008 TO: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 *"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $47,933.49 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separating 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 right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) 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 hundred and fifty (150) feet to the easterly 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 mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian T. Prosser, single person, by Deed from Joseph R. Mudd and Marie E. Mudd, his wife, dated 11/27/1991, recorded 12/03/1991, in Deed Book K 35, page 596. PARCEL IDENTIFICATION NO: 26-23-0541-230 PROPERTY ADDRESS: 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5694 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From BRIAN T. PROSSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $47,933.49 L.L.$ 0.50 Interest from 3/04/08 to 6/11108 (per diem - $7.88) -- $788.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $234.60 Other Costs $2,383.23 Plaintiff Paid Date: 3/05/08 5 Prot onotary (Seal) By !ImA [3614 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale 468 On March 11, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA Known and numbered as 1227 Bridge Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 'JD Date: March 11, 2008 By: Real Estaf'e Sergeant BE :1 d 9- 8VW 8001 JAI-83HS 3H-; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Come, Editor SWORN TO AND S'IJBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 REAL ESTATE BALE NO. 68 Writ No. 2007-5694 Civil Wells Fargo Bank, N.A. vs. Brian T. Prosser Atty.: Daniel Schmieg LEGAL DESCRIPTION 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 Willett Heirs' addition to the Borough of New Cum- berland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book No. 2, at page 24, more particularly bounded 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 separat- ing 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 north- erly line of Lot No. 27, 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 said alley, thirty-three (33) feet, more or less, to a point; thence west- wardly along and thru the center of the partition wall of the double brick house above mentioned a distance of one hundred and fifty (150) feet to the easterly 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 mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian T. Prosser, single person, by Deed from Joseph R. Mudd and Marie E. Mudd, his wife, dated 11/27/1991, recorded 12/03/1991, in Deed Book K 35, page 596. PARCEL IDENTIFICATION NO: 26-23-0541-230. PROPERTY ADDRESS: 1227 BRIDGE STREET, NEW CUMBER- LAND, PA 17070. .'.The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14t Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 y 05/07/08 Sworn to an Ss scribed before me this 27 day of May, 2008 A.D. 044"ef 3ew?zz Notary Pu li COMMONWEALTH OF PENNSYLVANIA Notarial Seal t Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #68 Writ No. 2007-5694 Civil Term Wells Fargo Bank, N.A. VS Brian T. Prosser Attorney: Daniel Schmieg DESCRIPTION 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 Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded and described as follows, to wit: BEGINNING at a point seventeen (17) feet more or less, south of the southeastem comer formed by the intersection of Lincoln Street, now Park Avenue with Bridge Street at the center of the partition wall separating 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 fight angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) feet, more or less, to a point; thence westwardly along and thm the center of the partition wall of the double brick house above mentioned a distance of one hundred and fifty (150) feet to the easterly 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 mentioned, the whole forting a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian T. Prosser, single person, by Deed from Joseph R. Mudd and Marie E. Mudd, his wife, dated 1112711991, recorded 1210311991, in Deed ,ook K 35, page 596. PARCEL IDENTIFICATION NO: 26-23-0541- 230 P°OPERTY ADDRESS: 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Brian T. Prosser Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-5694-CIVIL-TERM- Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued an ended without prejudice. _ Date: ?- 3 6 Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 162408 N -n 33 -T,) M C 5>C C r M :J F