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HomeMy WebLinkAbout05-1298 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T, PHELAN, ESQ" Id, No. 32227 FRANCIS S. HALLfNAN, ESQ" ld, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 A HORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. QS"- 1:J.5t? eu~L 't~""\, v. CUMBERLAND COUNTY BRIAN T, PROSSER AlKJ A BRIAN THOMAS PROSSER ]227 BRIDGE STREET NEW CUMBERI~AND, P A 17070 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may losc money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORM A TlON ABOUT AGENCIES TIlA T 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#: 113215 , File #: 113215 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED TJlA T: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 ct scq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. ; 1. Plaintiff is W ASHlNGTON MUTUAL BANK, FA, SIB/M TO BANK UNITED 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2, The name(s) and last known addressees) of the Defendant(s) arc: BRIAN T, PROSSER AlK/ A BRlAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 1]/27/199] 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 Mortgage Book No. 1037, Page: 729, By Assignment of Mortgage recorded 8/21/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 586, Page 398, 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 10/0 1/2004 and each month thereafter are due and unpaid, and by the tel1ns 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 #: 1/3215 . 6, The following amounts are due on the mortgage: Principal Balance Interest 09/01/2004 through 03/10/2005 (Per Diem $5.00) Attorney's Fees Cumulative Late Charges 11/27/19911003/10/2005 Cost of Suil and Title Search Subtotal $47,129.48 955.00 1,250,00 91.20 $ 550,00 $ 49,975,68 Escrow Credit Deficit Subtotal 0.00 209.36 $ 209,36 TOTAL $ 50,185,04 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 9. 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 $ 50,185,04, together with interest from 03/10/2005 at the rate of $5,00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, By: PHELAN HALLINAN & SCHM, lEG, LkP . r= -' //-~~-- Is/Francis S, Hallinan LAWRENCE T PHELAN, ESQUIRE FRANClS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 113215 PROPERTY BEING: 1227 BRIDGE STREET > ALL that certain lot and part of a lot situated in tile Borough of New Cumberland, ,County of Cumberland, and State of Pennsylvania, being the Southerly eight (8) feet of I_ot Numbered 29 and the whole of Lot N\lmbered 28, In the Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book No.2. at page 24, more particularly bounded and described a$ 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 Oridge Street at the center of the partition "all sepnating the property hereindescribed and Numl,"r 1229 Bridge Street; thence continuing alon9 the easterly I in" of Bridge Street sout~.rdly, thirty-three (33) fc~t. 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 brio9~ Str~~t, one huMred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty- tltree (33) feet. I1\Ore or less', to a point; thence ..estwardly along and thru the center of the partition wall of the double bric~ house above mentioned a distance of one hundred and fifty (1501 feet to the easterly line of Orldge Street. the point or place of BEGINNING. ~ (' r /~,/J/) l--1~~ Francis S, Hallinan, Esquire Attorney for Plaintiff VEI3-IFICAJ'ION FRANCIS S, HALLINAN, ESQUIRE hereby states that he is atlorney for Plaintiff in tllis matter, that Plaintiff is outside tlle jurisdiction of the court and or the verification <XJuld not bC obtained witllin 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 Plainliff and are true and correct to the best of il~ knowledge, infornlation and belief. Furthermore, it is counse('s intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undcrsigned understands that this statemcnt is made subject to thc penalties of 18 Pa, c. S, Sec, 4904 relating tD unsworn falsifications to authorities. DATE:_~!OP ~ -;:--J p V{ (~ ~1l ~ 1: \) ~ - -J ~~fL ~~~ +-- --L... ~.)- C) r~ ,"::C ~n , r~},.~ ~; ~~.!;1 -- - .,-, c,) " ~,....) w SHERIFF'S RETURN - REGULAR CASE NO: 2005-01298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS PROSSER BRIAN T AKA BRIAN THOM KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE was served upon PROSSER BRIAN T A/K/A BRIAN THOMAS PROSSER he DEFENDANT , at 1903:00 HOURS, on the 4th day of A ril , 2005 at 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to BRIAN PROSSER a true and attested copy of COMPLAINT - MORT FORE togethe with and at the same time directing His attention to the contents t ereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 25.16 ,00 10.00 .00 53,16 ',' . .~/ //~ .">>kn~ ~ R, Thomas Kline 04/06/2005 PHELAN HALLINAN SCHMIEG me this II day of ~ Sworn and Subscribed to before By: rJo D...l-- A.D. r'fl.:" p7~k~ntt"a~~ - ~ \ , 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 WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED 8120 NATIONS WAYS, BUILDING 100 JACKSONVILLE, FL 32256 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1298 CIVIL TERM BRIAN T. PROSSER A/K/A BRIAN THOMAS PROSSER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BRIAN T. PROSSER AlK/A BRIAN THOMAS PROSSER and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/11105 to 5/11/05 TOTAL $50,185.04 $310,00 $50,495.04 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237,1, copy attached, W~JjJ~ DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff DATE: J: /1 &/(:'JS ( DAMAGES ARE HEREBY ASSESSED AS INDICAT , PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq" Id, No, 32227 Francis S. Hallinan, Eoq" Id, No, 62695 Daniel G, Schmieg, E.q" Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (J 1 oj 'ilil.7000 WASHINGTON MUTUAL BANK, FA, SIBIM TO BANK UNITED ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs, : CUMBERLAND COUNTY BRIAN T, PROSSER NKJA BRIAN THOMAS PROSSER Defendants : NO, 05-1298 CIVIL TERM TO: BRIAN T. PROSSER A/KIA BRIAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: APRn, 26 2005 TIDS 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 LA WYER 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FILE ",. "'" FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff "'" "', , 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 PlULADELPlUA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED 8120 NATIONS WAYS, BUILDING 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1298 CIVIL TERM BRIAN T. PROSSER AJKlA BRIAN THOMAS PROSSER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of1940, as amended, (b) that defendant BRIAN T. PROSSER AlKJA BRIAN THOMAS PROSSER is over 18 years of age and resides at, 1227 BRIDGE STREET, NEW CUMBERLAND, P A 17070 . This statement is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, CPwvvdJfJ~ DANIEL G, SCHMIEG, ESQ IRE Attorney for Plaintiff i ;zJ ~ --&:). tl :--D Ii C> ~ - ~ ~ --l::. .t:: )U ~, \) = j \l' F- e:::> cr' -.::J ...0 \U c "-0 ~ ~ - ~ r \J' ~ - G' ,~ - _.-. ," C;'? en N . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED 8120 NATIONS WAYS, BUILDING 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1298 CIVIL TERM BRIAN T. PROSSER A!KIA BRIAN THOMAS PROSSER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on fI7::o..t 11.... 2005, 'By: a Q~ '" p It~ DEPUTY If you have any questions concerning this matter, please contact: 'iJ~ JJ.J~ DANIEL G, SCHMIEG Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD,. SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." . " (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASIDNGTON MUTUAL BANK, F.A., SIB/M TO BANK UNITED Plaintiff, v. No. 05-1298 CIVIL TERM BRIAN T. PROSSER A/K/A BRIAN THOMAS PROSSER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $50,495,04 Interest from 5/11/05 to SEPTEMBER 7, 2005 (per diem -$8.30) $987,70 and Costs TOTAL $51,482,74 fY~lJ.,~~ DANIEL G, SCHMIEG, ES IRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 4, ~~ ~~ .... Ij... ~(/) ~7-. o~ ~~~ o~ 1,)7-. ~~ I,) ~~ ~~ ~i ~% ~G N :.0 (:~ ~O -- ':~:< ,'..; ~.- "j.-> ."- ~-' ~~, \~ ~:~l ~ .J. ... .,;.~ ~~ ~IC ~~ ;;."" %~ o ~.... ~~ ~ ~(/) ~ < ~ ~ (/) (/) ~ ~ ~ ~ .... ~ ~ ~ ~ ~ ~ 'th ~ ~ .... ~ ~ ~ ... .... G ~'E ~e, .....~ O~ .. ....~&.. ~ " ~~ "'-i ~'-' ~ I,) 1 ~ '0 r- ..... 4, ~ ~ ~ .; ~ ~ G t 7-. ~ I;;. ~ ~ ~ % ~ ~ ~ <l) -P ?; ~ '" 'i) ~ p. ~ <l) ~ ~ '? .~ ! ~1 Vl J I -.9 \.) ::r- 1:"- ~ - v- a - - ~ d~ r4 ~ - , - - T - -.jJ~ - '" '" - ~ 0 2 1'< \ 1 D r- \ ' a C) a .j 0 ~ 2 ~ ~-<:::i Ul -0 G - . vi l.J) Q- r"6 LA (<) V) r<) - 11) ~ t:n- 't>:r -------- f '- DESCRIl'TION ALL nlA T CERTAIN lot and part of a 10( sit\laled in the Borough of New Cumberlal1d, County of Cumberland, and Stale ofPerutsylvania, being the Southerly eight (8) feet of Lot Numbered 29 and the wbole of Lot Numbered 28, in the Willlett Heir.' addition to the Borough ofNcw Cumberland aforesaid as recorded in the OffICe of the Recordet of Deeds in and for Cumberland County, PennsyIVMi., in Plan Book No.2, at page 24. more particularly bounded and described as follow., to wit: BEGINNING at a point seWlnt""" (17) feel more or less. Soutlt of tlte southeastem comer fonned by tbe int~tioo of Lincoln Street, now Park A VCI100 with Bridge Street at tlte center of the partition wall separating the pr-operty hereindescribed and Number 1129 Bridge Street; throcc continuing along tlte easterly line of Bridge SIteeI southwardly, thirty-three (33) feet; more or Ie... to the northerly line ofL<lt No. 27, above mentioned plan; thence by the oortherly line of Lot NO, 27 at right angle 1lJ bridge Street, one hundred fifty (150) reet to the westerly line ofa .ixteen (16) foot wide alley; thence northerly aloog said alley, thirty-three (33) feet, IOOre or less, to a point; Iheoce 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 lhe.outl1erly eight (8) feet of Lot No. 29, and the whole of Lot No. 28 on the plan oflots first mentioned, the whole tinming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hun<lrcd fifty (150) feet to the westerly line of a .ixteen (16) foot wide public alley, HA VINO thereon erected the .outherIy half of a double two story brick dwelling, house, garage, etc. and known and number as 1227 Bridge Street. New Cumberland, Pennsylvania RECORD OWNER TITLE TO SAID PREMSIES IS VESTED IN Brian T, Prosser, single per.on by deed from Josepb R. Mudd and Marie E. Mudd.. his wife, dated 11-27-91 and recorded 12-3-91 in Deed Book 35-K, page 596. PREMISES BEING: 1227 BRIDGE STREET, NEW CUMBERLAND, P A 17070 p(t('(.eJ tic "Jfo -;23 -OS-Lf I - 'J30 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1298 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED, Plaintiff (s) From BRIAN T. PROSSER AiKl A BRIAN THOMAS PROSSER (I) You are directed to levy upou the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also ditected 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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify him/her that he/she has been added a. a garnishee and i. enjoined as above stated, Amount Due $50,495.04 L. L. $.50 Interest FROM SIll/OS TO 9/7/05 (PER DIEM - $8.30) - $987.70 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $135.16 Other Costs Plaintiff Paid Date: MAY 16, 2005 CURTIS R. LONG (Seal) Prothonotary ~~r?~ Il f? 7f:-d/Y Y,~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION BRIAN T. PROSSER A/KJ A BRIAN THOMAS PROSSER NO. 05-1298 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, lfY~~lj~ DANIEL G, SCHMIEG, E QUIRE Attorney for Plaintiff ,....,;, '~'J s~?, ~;fi ';;j''l '::';" :.:::. .- 0-'\ c:;': en r0 ... i WASHINGTON MUTUAL BANK, F.A., S/BIM TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION BRIAN T. PROSSER A/K/A BRIAN THOMAS PROSSER NO. 05-1298 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED, 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. Nanle and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN T. PROSSER A/KJA BRIAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties ofl8 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, Mav I !, 2005 DATE W~J/.1 DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff "T C) C ...., (.'::::> ~~; 0"\ c:'~ -'..~ rn {'j J WASffiNGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED Plaintiff, CUMBERLAND COUNTY No. 05-1298 CIVIL TERM v. BRIAN T. PROSSER AlK/A BRIAN THOMAS PROSSER Defendant(s). May 11, 2005 TO: BRIAN T. PROSSER A/K/A BRIAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTiNG TO COLLECT A DEBT AND ANY iNFORMATiON OBTAiNED WiLL BE USED FOR THAT PURPOSE. iF YOU HA VE PREViOUSLY RECEiVED A DiSCHARGE iN BANKRUPTCY AND THiS DEBT WAS NOT REAFFiRMED, THIS is NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LiEN AGAINST PROPERTY. ** Your house (real estate) at, 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $50,495.04 obtained by WASHINGTON MUTUAL BANK. F.A.. S/BIM TO BANK UNITED (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's 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, Y Oil 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 Sheriffthe 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 Sheriffwithin 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 OESCR,Jl'1JON ALL IDA T CERTAIN lot and part of a lot situated in the Borough of New Cumberland, Cow\ly of Cumberland, and State of PetmS)'lvania, being the Southerly eigbt (8) fed of Lot Numbered 29 and the whole of Lot Numbered 28, in the Willlett Heir.' additiooto the Borough of New CUmberland aforesaid 3S nloordcd in the OffICe of the Recorder of Deeds in and for Cumherbmd County, Pennsyl"lll\ia, in Plan Book No.2, 3t page 24, more particularly bounded and described as follow.. to wit: IlEGlNNING at a point seVttltem (17) feet more or less, South of the southeastern comer formed by the interseelioo of Lincoln Street, now I'ark A venue with Bridge Street at the center of the partiUOJl wall separating the property ~bed and Number 1129 Bridge Street; thence continuing along the easterly line of Bridge Street S<>\Ithwardly, Ihirty-three (33) feet; more or Ie... 10 the northerly Un<! of Lot No. 27, above mentioned plan; thence by t he northerly line of Lot NO. 27 at right angle 10 bridge Street, ooohW1dted fifty (ISO) feet 10 the westerly line ofa .ixteen (16) foot wide alley; thence northerly along said alley, thirty.furee (33) feet, more or less, to a point; thence wmwardly along and thru the .tnlet' of the partition wall of the double brick house abo... mentiooed a diSlanee (>f one hundred and fifty (150) feet to the easterly line of Bridge Street, the point <lr place ofBegittning BEING the southerly eight (8) f.et of Lot No. 29, and the whole of Lot No. 28 on the plan of lots frrst mentioned, tbe whole tbnning 3 rectan81Jlar plot of ground fronting thirty.three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (I SO) feet to the westerly line ofa .ixteen (16) fOOl wide public aUey. HAVING thereon erected !he southerly half of a 00ub1e two story brick dwelling, house, garage, ele_ and known and number... 1227 Bridge Slroet, New Cumberland, PrnnsylV1lllia RECORD OWNER TITLE TO SAID PREMSms IS VESTED IN Brian T, Prosser, single person by deed from Joseph R. Mudd and Marie E. Mudd, his wife, dated 11-27-91 and n:corde<l12.3.9! in Deed Book 3S-K, page 5%. PREMISES BEING: 1227 BRIDGE STREET, NEW CUMBERLAND, P A 17070 Pan"'! it d.~ -;23 -05'4 I - -;;30 ~.;~~ ~ ';3, .....,.,- :;"". -- (/'1 -, ( J~' \~0 - - . AFFIDAVIT OF SERVICE PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED No. 05-1298 CIVIL TERM CUMBERLAND COUNTY PIT DEFENDANT(S) BRIAN T. PROSSER A/KlA BRIAN THOMAS PROSSER ACCT. #6162236654 SERVE BRIAN T. PROSSER A/KJA BRIAN THOMAS PROSSER AT 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 Served and made known to &i ~ ~ -r;- at 8:t7S:-0'clockf,m.,at/~;'7 SERVED fV'o s-S~ ft.- , Defendant, on the 1J~\,J.j s<t-, , r2 / f'I-. day of )1r ' 200~ G \,VI be ~. b 1J ~ommonwealth r3r; djC" of Pennsylvania, in the manner described below: +Defendant per.onally served, Adult family member with whom Defendant(s) reside(s), Name and Relationship is Adult in charge of Defendant(.)'s re.idence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(.) reside(.), Agent or person in charge ofDefendant(s)'s office or usual place ofbusine.s. an officer of said Defendant(.)'. company, , II / J~ . ,1 J Height.J1/O' Weight O(~.;- Race 1Lb... Sex fv1 Other f\JCJ 'J,'il competent adult, being duly.worn according to law, depose and state that I personally handed otice ofSheritrs Sale in the manner a. set forth herein, issued in the captioned ca.e on the date and at S!<>.s5<" S Sworn to and .ubscriv;<;! beforji1"e this ~ 8'ay of pvl~ f ,200S-:- Notary:y ; j I. ~ {.(/L.t: By: ~MPTSER~ATL '" IMES OF SERVICE ATTEMPH:D_ NOT SERVED On the day of ,200_, at o'clock _,m" Defendant NOT FOUND becau.e: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: I 3rd Attempt: I Time: Sworn to and sub.cribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Cl "., C'-::;) 0 c- = -n .:....'1 '--- ::;;J C f~.l " r f",-; I " 0 \',) , S-:) >5 :1) '" CJ () rn C.J I en 'jJ f'V ~< ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WASHINGTON MUTUAL BANK, F.A., ) CIVIL ACTION S/B/M TO BANK UNITED ) vs, BRIAN T, PROSSER A/K/ A BRIAN THOMAS PROSSER ) CIVIL DIVISION ) NO, 05-1298 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G, SCHMIEG, ESQUIRE attorney for WASHINGTON MUTUAL BANK. F.A.. S/B/M TO BANK UNITED hereby verify that on 5/12/05 tme and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto, DATE: August 2. 2005 C7 WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PJK\S v. CIVIL DIVISION BRIAN T. PROSSERAlK/A BRIAN THOMAS PROSSER NO. 05-1298 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, F.A.. S/B/M TO BANK UNITED, Plaintiff in lhL' lb" '." c action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipl' !, Ii :!,,~ Writ of Execution was filed the following information concerning the real property located at ,lf~LI;~UDGE STREET. NEW CUMBERLAND. P A 17070 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannut ;,< reasonably asceltained, please indicate) BRIAN T. PROSSER AlK/A BRIAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 2, Name and address ofDefendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a reco ,,! : ,.1; " :he real property to be sold: Name Last Known Address (if address cam" ': reasonably ascertained, please indicai" i None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address call1lm 1" 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 call1LC'' t." reasonably ascertained, please indicak! None 6, Name and address of every other person who has any record interest in the property ;mll,\ lose interest may be affected by the sale. Name Last Known Address (if address cann" , e, reasonably ascertained, please indicate i None 7, Name and address of every other person of whom the plaintiff has knowledge who ha, the property which may be affected by the sale: 'nterest in Name Last Known Address (if address can!;,,: i, reasonably ascertained, please indicil',: Tenant/Occupant 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Ha~lover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, I'A 17105 I verify that the statements made in this affidavit are true and correct to the besi ' knowledge or information and belief. I understand that false staltements herein are 111",," penalties ofl8 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities, onal "" " the Mav 11. 2005 DATE D=~'~~QumE Attorney for Plaintiff ."...; ~r ~ >-' ~z Vl ~~ ~" ~s., i - ... ?;oJ to n~ ~i >-4 ~~ ;.,; o~, id ~g 0 R ~ C/l '" \il ~ ;p i :a \ t g "" \:' :;dO g ~. 'ijl ~ \il \------- ~g ~~ !~ ~~:%g~ C/l <50(';';1, '7 .[/l~~8~ ~ ~.Sil~ () Hih Vla ~'g g. '08_0::1 ~ s'~; r:., H~!~ ~'..z '0 0 ;;(' ~.'gl ~2 ::I ';i 0 0 s:: ~ 2: g go '@" ....,0 E. 0 C>. g ;;;';:1 g 0 < VI::1 ii 0 a~!ii}~ ~ 8~1~ 0''2~~ a ~,~", ~'~a ~ 2..g:i~ ~ ~ ~~ ~,z' ~g .." ~.. a~ a g.~....~ ~g~! g.~~ ::! ~ i:l 'f'; E. iV~ .de ~~ ~~' ~g-;.~. Q~t:;~ Hn [Hi ~!t.,,<:\ 'ii' l ~. ~ h '~tJ;: "',~U" ' ~ l/ J, '~'," ", '_'~. 4,,'- , ,'~' ",,=,0. - '" - N - - ::; 'D on --.\ \ a, Vo ... '" N - t'" ~r ~ ~ CD % c 3 r:T CD ~ ...,()cJZ ~ 0 0 i ~ ~ ~ ~ ':i ~ ..., ~ ~ 0 ~ ~ tt1 f;\ ~ 'd~~l ~ ::I: ::l . o !l. o Z .. " l'T1 en ~ - '"d 0 0 ~ ~ ~ ~ ~ ~ i ~ ~ i ~ ~ 'cJ 5 ..., Sil 8 .~ ~ ~ ~ ~ . ~ 3 ~ tt1 "" 0 ?'- ~ ~ 5 E ::I: ~ ~ ~ ~ .~ ~ '3 OJ '" o ~ ~ ~ ~ Y' . ~ ~ '" '" OJ t;; ~ .~ "" :i ;p 0 - :i '" - o Vo o>'Z -.:>.'" (Il':>' a " .., '" = a ~ ':>''''l:l ~ .:>. ci';;~:g ..... - (\l tn [-..ll-dt"'" ~~g~ FC'1~~ ~~&t-' -g~z ~&~~ !~[~ ~;::r::rr:./). ~~~g 6.p..g~ ;J w8 0 " . ~~. ~ g (\) ~ ~ ~ ~ o .. ~ t~~~ ~,":.OWE' . 02 1A $ 00.900 0004300317 MAY12 2005 . M"ILED FROM ZIP CODE 1 91 03 \ \ I \ \ I \ \ I \ \ Jl 8 .... <:::> ~ = ~ ...... ""'OCrl - ~i!I ~r'-' c:: JI (;'} Zi;: I ~~ ~.-::~. ..0 ~'.', ~~ ,<I:. ~8 - ::It: g( - om Z .. ~ :< Ul N '< Washington Mutual Bank FA VS Brian T, Prosser a/k/a Brian Thomas Prosser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1298 Civil Term R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg, Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Certified Mail Surcharge Law Journal Patriot News Share of Bills Prothonotary 30.00 180.54 15,00 15,00 15,00 27,20 1.60 20.00 497,00 346.94 18,20 ...L2.Q $1167,98 Sworn and subscribed to before me 1- 2005, A.D. So~;;v~ , ,_ /~ -r ~1.A1 ",.., R, Thomas Kline, Sheriff BY ,ID cL.rJvvu.lc, Real Estate Sergeant li'/,<;V ck.. ~-() 9" 'I Ii?u-. / t. 9 J. 7(, W ASIDNGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS , v. CIVIL DIVISION BRIAN T. PROSSER AlK/A BRIAN THOMAS PROSSER NO. 05-1298 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED, 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 ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN T. PROSSER A/KJA BRIAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4, Name and address of last recorded holder of every. mortgage of record: r 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/Occnpant 1227 BRIDGE STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa_ C,S. Sec, 4904 relating to unsworn falsification to authorities, Mav 11. 2005 DATE r;tJ~ J/.J ~ DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff , r CUMBERLAND COUNTY W ASffiNGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED Plaintiff, No. 05-1298 CIVIL TERM v. BRIAN T. PROSSER AlK/A BRIAN THOMAS PROSSER Defendant(s). May 11, 2005 TO: BRIAN T. PROSSER A/K/A BRIAN THOMAS PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, P A 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $50,495.04 obtained by WASHINGTON MUTUAL BANK. F.A., S/B/M TO BANK UNITED (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: L 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, T 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 r DESQWl10N ALL TIIAT CERTAIN lot and part ora I,otsituated in the Borough of New Cumberl8lld, County of Cumberland, 8J1d Stale ofPetmsy1vania, being the SouIhedy eight (8) feel ofwt Numbered 29 and the wh<>le of Lot Numbeml28, in the WillleU Heirs' addition to lbe Borougb ofNcw C\lmbeTland aforesaid as _ded in the Office of lbe ~ orDe.lIs in and for Cumberland County, PllDll$)'IVlll!ia, in Plan Book No.2, al page 24, more particularly boundred and described as follows, to wit: BEGlNNING at a poilll seventeen (17) feet more or less, South of the southeask!rn corner formed by the interseetiOtl of Lincoln S1reel, now Patk Avenue with Bridge Street at the center of the partition wall separating the properly bereindescribed and Number 1129 Bridge Street; thmce COtltinuing along the easterly line of Bridge Streel southwatdly, lhlrty--tOO:e (33) fuet; m= or Ie... to the northerly line of Lot No. 27, above mentioned plan; thence by I he northerly line of wt NO, 27 at right angle to bridge Street, one hundred fifty {I 50) feet to the westerly line of a aixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) fuet, more or less, to a point; tbe\l(:e westwanlly along and thru the center of the partition wall of the double brick house above mentioned a diwmce of one hundred and fifty (ISO) feel to the easterly line of Bridge Street, the point or place of Beginning BEING the southerly eigbt{S) feel of WI No. 29, and the whole oflol No, 28 on tbeplan oflots first mentioned. tbe whole forming a rectangular plot of groWld fronting thirty.three (33) feet on Bridge Street, and extending back in uniform width one hU1.dn:d fifty (ISO) feet to the westerly line of a sixteen (t6) fOOl wide public alley. HA VINO thereon erected the southerly half of a double two .tory brick dwelling, house, garage, etc. and known and number as 1227 Bridge Street, New Cumberland, pemsylvania RECQRD OWNER TlTU! TO SAID PREMSmS IS VESTED IN Brian T. Prosser, .ingle person by deed from Joseph R.. Mudd and Marie E. Mudd. his wife, dawd 11.27-91 and recorded 12-3-9] in Dcro Book 35-K, page S96, PREMISES BEING: 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070 Pane..l tt 'd.0 -;23 -05''-/ I - 'J30 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1298 Civil CIVIL ACTION - LAW r TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and cost. due WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED, Plaintiff(s) From BRIAN T. PROSSER AlKJA BRIAN THOMAS 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) i. enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $50,495.04 L. L. $.50 Interest FROM 5/11/05 TO 9/7/05 (PER DIEM - $8.30) - $987.70 AND COSTS Ally's Comm % Due Prothy $1.00 Atty Paid $135.16 Other Cost. Plaintiff Paid Date: MAY 16, 2005 CURTIS R. LONG (Seal) Prothonot~ ~~~ ,[} Deputy 7z,-0'l./k".J t.-~ REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No, 62205 Real Estate Sale #51 On June 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A 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. ., (t') Date: June 10,2005 By: 'J,d'di J iJn1.d-t, Real Est;t';1:)eputy ~ ~ ~ !.-. , r;:::o PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.l784 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: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, ( o AND SUBSCRffiED before me this day of Julv. 2005 SWO 29 NOTARiAl SEAL LOIS E. SNYDER, Notary Public C ~rHsle BolO, Cumberland Counly Mv Commission Expires March 5. 2009 REAL ESTATE SALE NO. 51 Writ No. 2005-i298 Civil Washington Mutual Bank, F.A.. s/b/m to Bank United VS, Brian T. Prosser, ajk/a Brian Thomas Prosser Atty.: Daniel Schmieg DESCRIPTiON ALL THAT CERTAiN lot and part of a lot situated in the Borough of New Cumberland, County of Cumber- land. and State of Pennsylvania, being the Southerly eight (8) feet of Lot Numbered 29 and the whole of Lot Numbered 28, in the Willlett Heirs' addition to. the Borough of New Cumberland aforesaid as re- corded 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 (I7) feet more or less, Soufu of the southeastern comer formed by the intersection of Lincoln Street, now Park Avenue with Bridge Street at the center of the partition wall sepa- rating the property hereindescribed and Number 1129 Bridge Street; thence continuing along the easterly line of Bridge Street southwardly, thirty-three (33) feet; more or less, to the northerly Jine 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 hun- dred and fifty (150) feet to the east- erly Hne of Bridge Street, the point or place of Begirming. BEING the southerly eight (8) feet of Lot No. 29. and the whole of Lot No. 28 on the plan of lots first men- tioned, the whole forming a rectan- gular plot of ground fronting thirty- three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150J feet to the west- erly line of a sixteen (16) foot wide public alley. HAVING thereon erected the southerly half of a double two story brick dwelling, house, garage, etc. brick dwelling. house, garage, etc. and known and number as 1227 Bridge Street, New Cumberland, Pennsylvania. 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 11-27-91 and recorded 12- 3-91 in Deed Book 35-K, page 596. PREMISES BEING: i227 BRIDGE STREET, NEW CUMBERLAND. PA 17070. Parcel #26-23-0541-230. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} s. Joseph A. Dennison, being duly sworn according to law, depo.es and says: That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing nnder the laws of the Commonwealth of Pennsylvania, with its principal office and place ofbusine.s at 812to 818 Market Street, in the City of Harri.burg, County of Dauphin, State of Pennsylvania, owner and publi.her of The Patriot- News and The Sunday Patriot-New. new.papers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-New. and The Sunday Patriot-New. were established March 4th, 1854, and September 18th, 1949, re.pectively, and all have been continuou.ly published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 19th and 26th day(.) of July and the 2nd day(s) of August 2005, That neither he nor .aid Company is intere.ted in the subject matter of .aid printed notice or advertising, and that all of the allegations of this statement a. 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 verilY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pur.uant to a resolution unanimously passed and adopted severally by the stockholder. and board of director. of the said Company and subsequently duly recorded in the office for the Recording of Deed. in and for said County of Dauphin in Miscel ous Book "M", Volume 14, Page 317, COpy SA L E #51 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 346.94 IlIIAL I!I8lJITE IALE No. 51 WI1t 1'10. 2lIlIS-1218 C1v1ITerm ~1IlIIuIII-'F.A., I/Ilim '" _ Un_ v. _T.__ -'"'-"'- Ally: -llc/!mMg DESCRIPTION AIL 1lIAT CEKI'AIN lot and part of , lot silualId in !be Ilm>ogb of,J~.w Cumberland. County ofClJmbedJlil.and Slate ofPmMyIvania. beiDg !be SoulberIy eigbt (8) feet ofLotNUIIIbeml 29 and !be _ of Lot NUIIIbeml 28. in !be W'illeIt HeiIS'_\o !be'_gb of New Cumberland_ as reconIed in !be 0IIi<:e of !be _ of Deeds in and for Cumberland County.i'om1syIv8llia.in Plan Book No, 2.a! page 24._padialIadyIlowJdedODJldescrib<das follows,bwU: BEGlNllING a!' point......- (l1)-feet IllOIe 0{ less. South,of!be _ comer f-.lby!be_ofLinc!llnS....._ PadrA.- widtllridg< s..et a! !be center of !be partitiOll wall i<yalaliDg the prOperty beIein described and Nomber U29 Bridge Street; !hence eootinoingoIoog!bee8llalylineofJlridgeStreet soUlhwanlly.lbirtytbm: (33) feet; lllOIeorle<s to theoortbedy line..Lot No. 27. ahm: meatiOlIed plan; Ihence by!beoortbedy line of Lot No, 27 a! righl angIetollridg< Slreet,..._fifty (150) feet to !be w"""y line of ,_(16) foot wide alloy; IhencellOdbedy oIoog said alloy. lbirty_(33)feet.lIlllleorless.to,point; Ihence w_anIly abIg and tIlIII!be cen.. of !be partitiOll wall 01 !be doubk brick bowe above mentioned a distance of ..._ and fifty (150) feet to tilee8llaly line of Bridge S.....tiIe point or place of Beginning, BEING tile .-.Iy eight (8) feet of Lot No, 29. and tile _ of Lot No. 28 011 plan of lots fuatmeatiOlled.the wiok formlng ato<1aDgUlat pIotofll"""ilronlinglbirty_(33)feetOll 1lridg<SUe<<.andelll:iJdingbaekinwill'orm widIh... J.mded fifty (150) leet to the w...ny line oluixleell (16) footwidtpublic alloy. HAVlNGtben:on_tbe.-.lybalfof, _ two ""'Y brick dwe1liD&. iI<>I&e,...... etc. and _ and ~ as 1m IIPfP ......._Cumberland.l'>mlsyInDia. " !"'lIIU! TO!tAID PRI!MISI!S1s_'" ....sing!epenOllby de<<lftum::l! 1''''Mode-,' E,,_,bisd. ' , '. ., W1lMw;r ~ .~.,._........ f ~ a ....I. - !'3l<d'26-~-%!O.