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HomeMy WebLinkAbout06-0775 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 p1eadings@udren.com Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s) NO.Ot.,. - 71S C;u~L ~~ COMPLAINT IN MORTGAGE FORECLOSURE 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 wi thout 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AV1SO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO o S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 717-249.3166 800.990-9108 . NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Isl Mark J. Udren, Esquire Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Maryland National Mortgage Corporation Assignments of Record to: Barclays American Mortgage Corp. a North Carolina Corporation Recording Date: 02/27/92 Book: 412 Page: 909 Assignor: Barclays American Mortgage Corp. a North Carolina Corporation Assignee: Norwest Mortgage, Inc., a Minnesota Corporation Recording Date: 03/13/96 Book: 515 Page: 552 Assingor: Norwest Mortgage, Assignee: Washington Mutual Recording Date: 08/21/98 Inc. , Bank, Book: a Minnesota Corporation FA s/b/m/t Bank United 586 Page: 398 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1227 Bridge St. MUNICIPALITY/TOWNSHIP/BOROUGH: Borough COUNTY: Cumberland DATE EXECUTED: 11/27/91 DATE RECORDED: 12/03/91 BOOK: 1037 of New Cumberland PAGE: 729 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 2/1/06: Principal of debt due Unpaid Interest at 4.875% * from 8/1/05 to 2/1/06 (the per diem interest accruing on this debt is $6.06 and that sum should be added each day after 2/1/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $137.83 and that sum should be added on the first of each month after 2/1/06) Late Charges (monthly late charge of $18.97 should be added in accordance with the terms of the note each month after 2/1/06) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $45,394.39 1,106.46 325.00 280.00 360.69 97.67 2,269.72 $49,833.93 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third mortgage is fees will be reinstated party purchaser at Sheriff's Sale. If the prior to the sale, reasonable attorney's charged in accordance with the reduction provisions of Act 6, if applicable. 8. Notice of Intention to Foreclose under Act 6 of 1974 of the Commonwealth of Pennsylvania has been sent to each Defendant, certified mail, in accordance with the requirements of that act, and copy (s) are attached hereto as Exhibit" A" and made part hereof. The notice specified by the Pennsylvania Homeowner' s Emergency Mortgage Assistance Program, Act 91 of 1983, has not been sent because the Mortgage is insured by the Federal Housing Administration ("FHA") and the notice is therefore not required. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $49,833.93 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. \)~\u Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL that certain lot and part of a lot situated in the Borough of New Cumberiand, .County of Cumberland, and State of Pennsylvania, being the Southerly eight (Bl 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 Caunty, 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 af the southeastern corner farmed by the intersection of Lincoln Street, now ParK Avenue with Bridge Street at the center of tne partition wall separating the property herelndescrlbed and Number 1229 Bridge Street; tnence continuing aiong 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 tile westerly line of a sixteen (16) foot wide alley; thence northerly atong 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 fanning a rectangUlar plot of ~round fronting thirty-three (?3) feet on Bridge Street, and extending back In unIform WIdth one Ilundred fifty (150) feet to the westerly rine of a sixteen (16) foot wide pUblic alley. HAVING thereon erected the southerly 11alf of a double two story brick dwelling house, gar~ge, etc., and known and numbered No. 122r Bridge Street New Cumberland PennsylvanIa. ,. Washingion Mutual Mail~top JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 ~IIIII"U" 111111 6162236654 7100 4047 5100 2050 5630 November 16, 2005 000261 BRIAN T PROSSER 1 227 BRIDGE STREET NEW CUMBERLAND PA 17070 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECf A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RE: 6162236654 1 1227 Bridge Street New Cumberland PA 17070 PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY Dear Borrower: The records of Washington Mutual Bank indicate that as of the date of this letter, you have failed to make the reqpired monthly payments under the terms of your Note ("Note") and related Mortgage or Deed of Trust, whlchever is applicable ("Security Instrument") since 09101/2005. The total amount presently due and owing CITatal Amount Due") consists of the following: Principal & Interest Payment:$ Escrow: Accumulated Unpaid Late Charges: Outstanding Fees Total: Corporate Advance: Credits: Total Amount Due:$ ]009.]1 413.49 37.94 8.90 0.00 0.00 1492.96 The terms of the Note and Security Instrument require you to pay each monthly payment and any related late charge and other fees when due. This correspondence will serve to notify you thai you are in default under the terms of your Note and Security Instrument because of your failure to pay the above mentioned Monthly Payments, related late charges and fees when due. You may cure this default within thirty (30l days from the date of this letter by paying to Washington Mutual Bank the total amount due plus any addltional monthly payments and late charges falling due within this thirty day period. Failure io cure such default within ihe 30-day penod will result in Washingion Mutual declaring the entire outstanding principal balance, accrued interest and any other fees and charges due under the terms of the Note and Security Instrument to be immediately due ("Acceleration "). If this amount is not immediately paid at such time, Washington Mutual may exercise its remedies available under the terms of the Note and Secunty Instrument and applicable law, including the commencement of foreclosure proceedings which may result in the sale of your property. After acceleration, you will have the right to assert any grounds you may have to prove the non-existence of a default. You may also reinstate your loan. In addition, you will have the right in any related foreclosure proceedings to assert any defense to acceleration, the foreclosure litigation and, if applicable, the eventual sale of your property pursuant to a court order or trustee power of sale. We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Please contact our office immediately to discuss your account status. Our toll free number is 1-866-926-8937. Sincerely, Collection Department ( C0823 fXH1F\\T ' V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subj ect to the penal ties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. : ~J Mark J. ~ren, ESQUIRE UDREN LAW OFFICES, P.C. (.) ~ I(;) D ~ 111 ~--,~ c) -q t. lri -,-, .-l ~l: .." rr1 j"lr"'-.: In Lv "~Jn , 0 I :) c;~) D -..J - ~ p:! :::": ...Q ... C) )V ,5 -Cl 0 .~:- '6' :2 L_' J:- UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 Civil Term MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure upon Defendant(s), Brian T. Prosser by regular mail and certified mail and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at 1227 Bridge Street, New Cumberland, PA 17070, which is the mortgaged premises. A copy of the Verification of Service is attached hereto as Exhibit "AU. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit "BU. 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint in Mortgage Foreclosure upon said Defendant(s), Brian T. Prosser by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. ~~\~- By: Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 Civil Term MEMORANDUM OF LAW Pennsylvania Rule of civil Procedure 430(a) 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 sheriff's 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 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries 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. As set forth in the Verification of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant(s)has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint in Mortgage Foreclosure upon Defendant (s) by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY:Y~ Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser MORTGAGE FORECLOSURE Defendant(s) NO. 06-775 Civil Term VERIFICATION OF SERVICE Based upon information supplied by the Sheriff of Cumberland County, service of the Complaint in Mortgage Foreclosure upon the below listed Defendant(s) was unsuccessful in accordance with Pa.R.C.P. 402 or 3129.2: Defendant: Brian T. Prosser Place of Service: 1227 Bridge Street New Cumberland, PA 17070 Defendant not found because: Moved Unknown Vacant Other Per the Sheriff's Department. attempts. service was unable to be made. No Answer after several Mark J. Udren, Esquire, the undersigned, understands that the statements herein set forth above are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 22, 2006 Wry~. Mark J. Udren.~squire Attorney for Plaintiff EXHIBIT t\ Players Nat~ofr1al Locator, Inc, AFFIDAVIT OF GO()[) FAITH INVESTIGATION Loan Number: 06010616 Attorney Finn: MARK J UDREN & ASSOCIATES Case Number: Subject: Brian T Prosser (,C:'\ AKA.: Brian Thomas Prosser, Brian T Trosser Last Known Address: 1227 Bridge Street New Cumberland, PA 17070 Last Known Number: (717) 774-4230 -_..~,'1' ~ Melissa Kozma, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialistfor Players National Locator, Inc. 2. On 03/14/2006, I conducted an investigation intcdne whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):2.0842-4638 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Brlan.T Prosser, C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Srlan T Prosser is 1227 Bridge Street, New Cumberland, PA 17070, with the home number of (7171774-4230, INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for Brian T Prosser. We contacted the home number of (717) 774-4230 and spOke with Brian who stated he is living at 1227 Bridge Street, New Cumberland, PA 17070, INQUIRY OF NEIGHBORS - NlA INQUIRY OF POST OFFICE - A NATIONAL ADDRESS UPDATE: As of March 13, 2006 the National Change of Address (NCOAI has no change for Brian T Prosser from 1227 Bridge Street, New Cumberland, PA 17070, MOTOR VEHICLE REGISTRATION- A MOTOR VEHICLE & DMV OFFICE:;" We were unable to verify curre~~ ,drlv,!", Iic~ns,,: information for Brian T Prosser. OTHER INQUIRIES. A. DEATH RECORDS: , . As of March 13, 2006 the Social SecuritY Administration has no death record on file for Brian T Prosser andJor A,K.A's under the social security number provided. B. PUBLIC LICENSES ( PilOT, REAL ESTATE, ETC. l: None Found. EXHIBIT B 199-, IODd 16B-1 8\\0 DEl 9E9 VDI~~IJOSSV s,Ja~eld-woJ~ w~l~:Ol 90-rl-JEW C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Votel'& Registration OffIce. ADDITIONAL INFORMATION ON SUBJECT- A. DATE OF BIRTH: September 1964 "NOTARY SEAL" Kristine M. Sootl, Naill/}' Publia St. Louis Counly, Stale of Missouri My Commission Expires 9/2/2006 Players National Locator, Inc. 174 Clarkson Road, Suite 225 St.Louis, MO 63011 Phone: (636)230-9922 Fax: (636)230-0558 , p ,98-, toO.d L68-1 8,,0 0,2 9E9 UO!lB!JOSSV sJJa~eld-woJJ WBSP:OI 90-~l-Je~ VERIFICATION Mark J. Udren, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Date: 3\-&>loCe \AJ~ Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person (s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: ':>Y 1::::0 {Of.f TO: Brian T. Prosser 1227 Bridge Street New Cumberland, PA 17070 UDREN LAW OFFICES, P.C. By: ~/\...._ Mark J. Udren, Esquire Attorney for plaintiff (-) ~~~> ,...:;. :_"" t., (-) (", c~ " () -1'1 .-1 -0" fI1,:] n ~ l !J RECEiVED APR 0 3 2L'9 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Washington Mutual Bank, FA ~COURT OF COMMON PLEAS s/b/m/t Bank United CIVIL DIVISION Plaintiff Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 Civil Term consideration of o R D E R S'~" day of ~9i"'~\ 2006, upon Plaintiff's Motion and the Affidavit of Good Faith AND NOW, this investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Brian T. Prosser, shall be complete when Plaintiff or its counselor agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Brian T. Prosser at 1227 Bridge Street, New Cumberland, PA 17070 and by posting the mortgaged premises located at 1227 Bridge Street, New Cumberland, PA 17070. BY THE COURT: ''ll~ ,/ u.u.- ~f~ ~ '1;0406 '.4f1 ~ 4- c::.n'!l ~"' 'J " 1 ';/i -.,,~'"' ."',iiJ S"~ ~}(PJ )'JOZ :JHL :JC UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff v. Brian T. Prosser Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01. - ^t1$ eu: L '1~ TO THE PROTHONOTARY: PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint on the above-captioned matter. DATE: May 12, 2006 UDREN LA1 ES, P.C. Mark J. Urn, ESQUIRE ATTORNEY FOR PLAINTIFF () ,...., ~ = c <= ~:- ,-'" :J:: :r J::l- nl:!J -< -oF;; 0'\ 3? --iQ -----.,.- 11 :.b> "....'1 :J: >)0 s> Om ~ w -< SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-00775 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL FANK 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 NOT SERVED , as to the within named DEFENDANT , PROSSER BRIAN T 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 AVOIDING SERVICE. LOOKS OUT WINDOW BUT WILL NOT ANSWER THE DOOR. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 47.52 .00 10.00 .00 75.52 UDREN LAW OFFICES 03/10/2006 Sworn and subscribed to before me this J./....r day of r~ .~j,O~ A. D. .... UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY 1.0. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@Udren.com Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 Civil Term VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Complaint in Mortgage Foreclosure to Defendant (s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: 'S \~ IOLp Brian T. Prosser 1227 Bridge Street New Cumberland, PA 17070 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: '5\"'Z-~ IOlp UDREN LAW OFFICES, P.C. Ma~ Esquire Attorney for Plaintiff .... f I I I , ~ Ie...- ;;- ~ ,::;:5 i ! ~ ! Z"'OJ CD N::!. <: NIll <: -...J:::l "OJ-l c: .... . 35:-0 0-10 .... CDCDO '" ~cn", III ..... CD 5.;..., . CD ..... ~ ... -...J o -...J o , )I., ~ Oc= 0:::8; :J:....:u m;im !8~S;; :J:2i~ F~cg'" ~~~~ i8i;l~ ~~ff.; z ..... [f. 1 ,-~~~. -- m ;'; .>l'>. ,:;0 ! ':=- i l' , t\ "~;~:"'****~'; ..,- --~_....~-~,~_..~-- .--~._.._._.~ I1J I1J LIl I.t) a- Ir' I'- I'- ...a ..D a- Ir' l(J IIC/ ", ,." LIl LIl C C C C C C C C C C r'l l"'l C C ...a ...a c c c C I'- I'- OFFICIAL "- $ (}; OerIIlIO\lFeo ~~ _Del_Fee _montReq"I8d) - Here - PootBQo &.... $ ~~'.~QQ....:T...f:?f=Q~~......... ~~~~;;;\;~Z.:J.....f;J1Z:1aqe..... . ... . .......... 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JO,j. ~::r -IJIVI_OOJna,\UO~"sdSn8 'Id~""r' 8 e::'i:'=;:';ic'ir'~:"'=~!II8SWXY ~:s ~=.r.:~=~_":l'~=gj;."JO,j . ; 1!lIW~JO__Il8lIOId__ ?'1I8W -.00 _ aaOlAOlld SI 3ev\l3^OO aOIMlOSNI ON . 'IJ8W "'_IIO_.1U8 JOj _"'" '11row P8Il1UOO . ~1~JO"u8W~"'__llIOGoqA'NO.Iowlrow-.oo _ :..UfJIItIN~ "",,^OMlJOj__8C4l.\QlMJ/AIIMRllPjO._... . ~.IIlCIo\JOj_8I1b)un... _ ~lIIOIl,June""_J :S8PIAO.I==.r.; ( .. (") ,..., 0 <.0 C ~:-'",..::. -11 "'"' . ~. ..... 0_~'(' -",. fF,f9 ~,.,. -< N -Or;-; . :_\)c:;) E.'", W (~~(~) ,...~' ;- ~:.::::'. --r -1-, -0 .--n -1:'- (?(~) . -- ~''==)i'"n :t,. <.? ~ '/..: ~ ;j c::> ..,.. ) . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. UDREN LAW OFFICES, P.C. DATED: June 27, 2006 BY Mark J. Udren, Esquire Attorney for Plaintiff '" . V E R I F I CAT ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. 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. Date: tJl/20/0,l ~~ Name: Greg Allen Title: Assistant Vice President companY:hbJJvi bI fVZuf~ B~ ~ Brian T. Prosser Loan #6162236654 MJU #06010616 "'- if"" nGllt, r I: ,"' ~, ,., 'f i~>" ' .' r~~) c:::.:.} {~ w'-, N _0 , -~....; ... , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s} ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-775 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s} Brian T. Prosser for failure to file an Answer to Plaintiff I s Complaint wi thin 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 2/2/06 to 6/27/06 Late charges per Complaint From 2/2/06 to 6/27/06 Escrow payment per Complaint From 2/2/06 to 6/27/06 I hereby certify that Defendant are as shown above, accordance with Rule 237.1, c $49,833.93 884.76 94.85 551. 32 TOTAL $51.364.86 (1) the addresses of the Plaintiff and and (2) that not'ce has been given in of which is a ached hereto. DAMAGES ARE HEREBY ASSESSED S DATE:.jLl.'~ :L? JOO'=> , P.C. Mark J. Udren, ESQUIRE Attorney for Plaintiff TED P PROTHY SHERIFF'S RE~~ - REGULAR CAS.:tro: 2006-00775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL FANK VS PROSSER BRIAN T MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PROSSER BRIAN T the DEFENDANT , at 1015:00 HOURS, on the 17th day of Auqust , 2006 at 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY AT 1227 BRIDGE ST 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 Service posting Surcharge So Answers: 18.00 14.96 6.00 10.00 .00 48.96 .1"'~rr.-'.c. #-' R. Thomas Kline 05/18/2006 UDREN LAW OFFICE Sworn and Subscribed to before By: me this day of A.D. Prothonotary ~ OliJl (0 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@Udren.com Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ...,., g I --.J '" "'" = "" ~ :r! rn::J:i r- :.t;Fq or ::;:;Jk) :~ ;i,: ;:~rYi ~2 So --< Cumberland County ~ _iO. v. ~"-' ~~~. :'::':.1 ....~ 9 :- ,-" Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant (s) NO. 01-- '775 C'-/~L't~ I COMPLAINT IN MORTGAGE FORECLOSURE 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 TUE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 OCoO/(jPI& 2==::'1Ir=0 APR (, '. . "- \ U t! 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION v. Brian T. P.rosser Defendant(s) [ COURT OF COMMON PLEAS ~ CIVIL DIVISION i Cumberland County i NO. 06-775 Civil Term Washington Mutual Bank, FA s/b/m/t Bank United Plaintiff o R D E R AND NOW, this ,'~ day of ~/ 2006, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Brian T. P.rosser, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(sl, Brian T. Prosser at 1227 Bridge Street, New Cumberland, PA 17070 and by posting the mortgaged premises located at 1227 Bridge Street, New Cumberland, PA 17070. # BY THE COURT: /s/ 7h. f: ti~ f f C) . J. "rPJ ,if: (;l"f~? ~:;;::::"~.t\<7f ~ef'~.,,~~~f'"," "~ """".,,-,. ."..,.--,.......;1 " ~.. ',"boO";o",-' . .it--....;;;..~.'i '-'..' la T IWI'Ill:litt wiltll'ool, llklf~.linw $8( il!,;' and tMl ~ 01 s.aJd .~. o;t CarUsil.!, ~". Tl* S ~ day , oJ MJ i.. (. - 0(001 O(Q ILQ ,--.,. . UDREN LAW OFFICES, P.C. :BY: Marl< J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~J.J. WOODCREST ROAD, SUITE 200 CHERRY X:ILL, NJ 08003 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Brian T. Prosser Defendant(s) NO. 06-775 TO: Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 DATE of Notice: June 15, 2006 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 INFGRMATIeN 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFlCACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DEREBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEB IDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, 0 SI NO TIENE DlNERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT '1'0 THE F1(IR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED '1'0 BE A DEBT q:OLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OB';fAI LL BE USED FOR THAT PURPOSE. s . ren, squ1re Woodcrest Co~orate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 , T[.DREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Washington Mutual Bank, FA s/b/m/t Bank united 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. OF NON-MILITARY SERVICE AFFIDAVIT STATE OF fVI!Tf'l/0~ COUNTY OF f)~tl7V THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon invest~gations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: SS Defendant: Age: Residence: Employment: Brian T. Prosser Over 18 As captioned above Unknown 1: e CARMELA D. LAGARILE NOTAAY P\JllL1C. MlNt-.ESOTA MY cOMMISSION . EXPlRE8 JAN. 31, 2 008 ~ame : Greg Allen Ti tIe: Assistant Vice President Company: bvabJ...i(f tf1l1 (Y)JvuJ Bcwvf<. . . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s) NO. 06-775 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary -K- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession ~R. (,. / :11! 0 r.. Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY . Mark J. Udren. Esauire At this telephone number: 856-669-5400 t 1 ~ ~ Q r-'I i). :-0 Co::, C) C C;::) < 0-' " \) -4 T ~ n'ill ~ ~ f--- - (." N "00i . hr-" ~ -' roo; ..,(" ~ --0 () ~~-~ " ).J ?= (~-5~~ U- ~ (J...) ,3 :::;':,"--] - r ~ .s:- ~ ......: -.l .< -t:' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTYI.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Brian T, Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s) NO. 06-775 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in .the above matter: Amount due $51.364.86 Interest From June 28. 2006 981.72 to Date of Sale December 6. 2006 Ongoing Per Diem of ~ to actual date of sale incl.uding if sale is held at a ~ater date (Costs to be added) $ Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ~ r ~\ ~ ~~ ~ ~ ~ ~. ( ':.+- \J t :'O-~ -:- <<a % r~ t,..) 'f~~~~~~ ~ '8 0 CI:l ..0 III 0 I CC\'lVC , "I ~ - '- - ~ ~ ~ __..-~~!J...{ ;.::. -:.::. ~~~ .~ o ~ ~. ~ ~ ~-n ll'p ~f~~ :E~': .~ -I. 5(~~ )~~ ~ ~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL V ANIAl COUNTY OF CUMBERLAND) NO 06-775 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SIBIMIT BANK UNITED, Plaintiff (s) From BRIAN T. PROSSER (I) You are directed to levy upon the property of the defendant (s land 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 1 or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $51,364.86 L.L. $.50 Interest FROM 6/28/06 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $6.06 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $981.72 Arty's Comm % Due Prothy $1.00 Arty Paid $206.48 Other Costs Plaintiff Paid Date: JUNE 27, 2006 CURTIS R. LONG (Seal) prothon2 7J!: ~: D~" E. 'C,I(A/,...r Deputy - REQUESTING PARTY: Narne MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ill No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Brian T. Prosser 1227 Bridge_ St. New Cumberland, PA 17070 NO. 06-775 Defendant(s) C E R T I F I CAT E Mark J. attorney for the premises it is: Udren, Esquire, hereby states that he is the the Plaintiff in the above-captioned matter and that are not subject to the provisions of Act 91 because x An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification t authorities. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF o c ,....., = .:::;;~, "'~ o -n ..... J;-n f l 'r--' ;gcj '~~~.~ ~~~ ,~~~ :J:l .< N -J ~~; 6 ~ .. -.' r UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 NO. 06-775 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA s/b/m/t Bank United, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., 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 St. New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None . 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Washington Mutual Bank FA 8120 Nations Way, Building 100 Jacksonville, FL 32256 C/o Francis S. Hallinan Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, po Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other has knowledge who has any interest affected by the sale: Name person of whom the plaintiff in the property which may be Address Tenants/Occupants 1227 Bridge St. New Cumberland, PA 17070 I 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 ~o unsworn falsification to authorities. ' UDREN LAW OFFICES, P. . DATED: June 27, 2006 dren, ESQ. for Plaintiff .....' c::7.) (;:;:~~ (;,)'" <::::::.~. :...- \') _..l q, .-\ 2;'JJ " L..- -'i'?"-4 -u'---' '"'""J,lA\ ,-:'::1';., ~" ';....., -.' :Sfi~ _~l .~ <'" ::<. ~? s::- _0 ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s) NO. 06-775 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Your house (real estate) at 1227 Bridge St. New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $51,364.86, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE 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 payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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.) I , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S. SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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 eale 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 after 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 Schedule of 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 TAltB TH:IS PAPBR TO YOUR LAWYBR AT ONCB. :IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF:ICE L:ISTED BELOW TO F:IND OUT WHIlRE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERV:ICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 t , () r-' (".:) co'" c: <;~,::, -n c..."""'" ':i ::;:! ;;:i~'2 N ~.\~,C! -l :::1 C) ,.-'j, ~~ f~;2 -," (') <? o;':.;.r'\", '- _.~1 ~ 4.-:- ,::,..... -~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-00775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL FANK VS PROSSER BRIAN T MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PROSSER BRIAN T the DEFENDANT , at 1015:00 HOURS, on the 17th day of August 2006 at 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY AT 1227 BRIDGE ST 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 Service Posting Surcharge So Answers: 18.00 14.96 6.00 10.00 .00 48.96 5/; <I//)(, .~~~ R. Thomas Kline ~ 05/18/2006 UDREN LAW OFFICE Sworn and Subscribed to before By: me this day of A.D. Prothonotary Washington Mutual Bank, FA s/b/m/t Bank United VS Brian T. Prosser In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-775 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 19,2006 at 2041 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brian T. Prosser, by Posting the premises located at 1227 Bridge Street, New Cumberland, Cumberland County, Pennsylvania pursuant to order of court, the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2006 at 2004 hours, she 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 Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Brian T. Prosser, by regular mail to his last known address of 1227 Bridge Street, New Cumberland, PA 17070. This letter was mailed under the date of October 23, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing Advertising Posting Handbills Law Library Prothonotary Mileage Certified Mail Levy Surcharge Posting Law Journal Patriot News Share of Bills Poundage 30.00 15.00 15.00 .50 1.00 29.92 2.60 15.00 20.00 6.00 455.00 367.58 15.94 165.01 $1 ,138.55 ./ C), l/ . I 2 / () 1.-1 I b G. ~~/~~ R. Thomas Kline, Sheriff BY (jllci~(Wl Real Estate rgeant )"'D C' \ . C1e- .5' ~ .;:) 6 J~U> J pc, I S'S . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 NO. 06-775 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA s/b/m/t Bank United, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., 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 St. New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None . , 4. Name and address of the last recorded holder of every mortgage of record: Name Address plaintiff herein. See Caption above. Washington Mutual Bank FA 8120 Nations Way, Building 100 Jacksonville, FL 32256 C/o Francis S. Hallinan Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, po Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other has knowledge who has any interest affected by the sale: Name person of whom the plaintiff in the property which may be Address Tenants/Occupants 1227 Bridge St. New Cumberland, PA 17070 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. DATED: June 27, 2006 dren, ESQ. for Plaintiff UDREN LAW OFFICES, P. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA s/b/m/t Bank United 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Defendant(s) NO. 06-775 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brian T. Prosser 1227 Bridge St. New Cumberland, PA 17070 Your house (real estate) at 1227 Bridge St. New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $51,364.86, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE 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 payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AL~ that certain lot and part of a lot situated in the Borough of New Cumberlond, County of Cumberland. and State of Pennsylvania. being tne Southerly eight (8) feet of Lot Numbered 29 and the whol e of '..ot Numbered 28. in the Willett Hei rs I addition to the Borough of New Cumberland aforesaid. as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 1n Plan BooK NO.2. at page 24, more particularly bounded and described as follows. to wit: ' BEGINNING at a point seventaen (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; tnence continuing along the easterly lihe of Oridge 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 J one 11undr~d fifty (150) feet to tile westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty" three (33) feet, more or less" to a point; t/1ence westwardly along and thru the center of the partition wall of the ctouble 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 ?f lots first mentioned, the whole forming a r!ctangular plat'of ~roun~ front~ng thIrty-tnree (33) feet on Bridge Street, and extending back In undorm WIdth one /lundred Fifty (150) feet tD the westerly line of a sixteen (16) foot wide public alley. HAVING thereon erected the southerly 11alf of a double two story briCK dwell ing house, gar~ge. etc.. and known and numbered No. 1227. Bridge Street, New Cumberland. PennsylvanIa. BEING KNOWN AS: PROPERTY ID NO. : 1227 Bridge St. New Cumberland, PA 17070 26-23-0541-230 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 RECORDED 12/3/91 IN DEED BOOK K-35 PAGE 596. WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-775 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA S/B/M/T BANK UNITED, Plaintiff (5) From BRIAN T. PROSSER (1 ) You are directed to levy upon the property of the defendant (5 ) 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 $51,364.86 L.L. $.50 Interest FROM 6/28/06 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $6.06 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $981.72 Atty's Comm % Due Prothy $1.00 Atty Paid $206.48 Other Costs Plaintiff Paid Date: JUNE 27, 2006 CURTIS R. LONG (Seal) proili2 ~ '-- By: ~ P . d.A.O~ } Deputy REQUESTING PARTY: Name MARKJ. DDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 , ~ Real Estate Sale # 30 On September 5, 2006 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. Date: September 5, 2006 By: J,dJ-1 JI'VtlH\ Real Estate Sergeant 8l : I d t I lnr qaOl '.. 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 smce; 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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 S ALE #30 . ..... ~ S~~;;;';~'~~~';~~'~ri 'e~ ~e~~~~~;~~ih~ REAL ESTATE SALE 130 Writ No.20Q6..775 eMITerm Washington Mutual Bank, FA sI bfmIt Bank United Va. Brian T. Prosser Atty: Mark J. Udren - .. : DE;tIPTION ; AIL THAT CERI: lot and part of a lot I situated in the of New Cumberland, : County of Cumberland, and State of ' . Pennsylvania, being the Southerly eight (8) feet of Lot numben:d 29 and the whole of Lot numbered 28, in the Willett Heirs' addition to the Borough of NewCumberIaod aforesaid, as, recorded in the Office of the Recorder of Deeds << CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYLVANIA SSe 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: October 20, October 27 and November 3, 2006 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. REAL ESTATE SALE NO. 30 ---._..._~-- Writ No, 2006-775 Civil Washington Mutual Bank, F.A. s/b/m/t Bank United vs. Brian T. Prosser Atty.: Mark J. Udren ALL that certain lot and part of a lot situated in the Borough of New Cumberland. County of Cumber- land, and State of Pennsylvania, SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOT ARI L SEAL LOIS E. SNYDER, Notary Public CarHsle 8oro, Cumberland County j My CommIssion Expires March 5, 2009 being the Southerly eight (S) feet of Lot Numbered 29 and the whole of Lot Numbered 2S, in the Willett Heirs' addition to the Borough of New Cumberland aforesaid, as re- corded in the Office of the Recorder of Deeds in and for Cumberland l'n"..,...t.u PF>T\n~u"'v~::::n"""\'~ i.n Pl~n Rook