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HomeMy WebLinkAbout06-1090 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T, PHELAN, ESQ., Id, No. 32227 FRANCIS S. HALLINAN, ESQ" Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE, MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DIVISION TERM O;u{Tffl-'r v, NO, 0'-.0 - /096 CUMBERLAND COUNTY DOUGLAS T. MCBRIDE 237 LINCOLN STREET CARLISLE, PA 17013 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 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File#: 131411 File #: 13141] IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 WASHINGTON MUTUAL BANK, FA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2, The name(s) and last known addressees) of the Defendant(s) are: DOUGLAS T. MCBRIDE 237 LINCOLN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/13/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1759, Page: 225, 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 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, Filc#: 13141] 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through 02/22/2006 (Per Diem $12.56) Attorney's Fees Cumulative Late Charges 05/1 3/2002 to 02/22/2006 Cost of Suit and Title Search Subtotal $63,246.17 2,976,72 1,250.00 156.66 $ 550.00 $ 68,1 79,55 Escrow Credit Deficit Subtotal 0.00 662,18 $ 662.18 TOTAL $ 68,841.73 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, andlor Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency, 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 68,841.73, together with interest from 02/22/2006 at the rate of $12,56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /:2--;:s.i'ui!.~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131411 LEGAL DESCRIPTION ALL THAT CERTAlN brick dwelling house and lot of ground situate in the Forth Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: ON the North by an alley; on the East by Factory Street: and the South by Lincoln Street; and on the West by property N/F of John D. McCullough, HAVING Seventeen (17) feet, more or less, fronting on said Lincoln Street, and extending at an even width One Hundred Sixty (160) feet to said alley on the North, having thereon erected a brick dwelling house known as and numbered 237 Lincoln Street. BEING the same premises which KEVIN V. ANDERSON, married man, and VERNON E. ANDERSON, married man, by their deed dated August 19,1994, and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110, Page 826, granted and conveyed unto KEVIN V. ANDERSON, married man, The said CECELIA A. ANDERSON joins in this conveyance as the wife of KEVIN V. ANDERSON to convey all of her right, title and interest and, together, they are the Grantors herein, PROPERTY BEING: 237 LINCOLN STREET File #: 131411 VRRIFTCA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c.s. Sec, 4904 relating to unsworn falsification to authorities. 1JJk- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: :2 k2-/t. / / () 4;).. ~ \J( Q \- VI <n . -~ '-.-" ,""', .t:. -" - ~ .-, "\} .'1, ----.-" ~ ..t. ....:? - If- - LV -4J ...t::.. ~ ,r:- " ' " .. ,----- - PHELAN HALLJNAN & 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 (2 I 5) 563-7000 Washington Mutual Bank, F.A. 11200 West Parkland Avenue Milwaukee,VVI53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1090 Douglas T. McBride 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 Doue:las T. McBride, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 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 from 02/23/06 to 05/01/06 TOTAL $68,841.73 $841.52 $69,683.25 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) ili" ,";~ "'" b~, g;", ;, ",,"""'" wiili Rlli~ ~;'at. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~,' DATE ~ J.DD~ :rf> 'I PRO OTHY PHELAN HALLINAN & SCHMIEG, LLP - By: Lawrence T. Phelan, Esq" Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA Plaintiff A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS ; CIVIL DIVISION Vs. : CUMBERLAND COUNTY DOUGLAS T. MCBRIDE Defendants : NO. 06-1090 CIVIL TERM TO: DOUGLAS T. MCBRIDE 15 THOMAS DRIVE MECHANICSBURG, PA 17050 FILE Copy DATE OF NOTICE: MARCH 29. 2006 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 A TIORNEY 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, P A 17013 (800)990-9108 ~s_j(~ 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. 11200 West Parkland Avenne CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1090 Douglas T. McBride 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 of 1940, as amended. (b) that defendant Douglas T. McBride is over 18 years of age and resides at , 15 Thomas Drive, Mechanicsburg, P A 17050 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D~~G. ESQUIRE Attorney for Plaintiff - D "'9- t~ ~ (') ...., 0 = l'l , c: = -n ~ <:ro ~:D <) ~ ::s:: -OCf) C) IT1r'f ". G; :~-(~ -< ~~ ~ zC I ::0 ~ ....... ~ (.l')./.". 0) ~. ~f~' ~ ~fj; ~ C;?::D 20 ~ <? Om \' Pc:~ ~ "- i: ~ ~~ '() .r::- '< N ~ --1::"' c---' .~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW Washington Mntual Bank, F.A. 11200 West Parkland Avenue CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1090 Douglas T. McBride Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (fbI' 2oob. Byf~ If you have any questions concerning this matter, please contact: D^~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 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 INFORMA nON 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Washington Mutual Bank, F.A. Plaintiff, v. No. 06-1090 Douglas T. McBride Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $69,683.25 Interest from 05/01106 to September 6, 2006 (per diem -$12.56) $1,465.60 Additional Costs $1909.50 TOTAL $71,148.85 ~cL- DANIEL G. SCHMIEG, ESQUIRE 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. ~ ~ 0<( ~ ~ ~ " 'g 'i ~ ~ -e ~ i ~ \l:: 0> ~ ,&;> 0<( .+:! .. (;o<z ~'t .~ 'e ~ 00<( .- p e ~ ~.... I>l~ ~ ':i '" ..e ~ ~~ ... .. 'i<<.!a ..... a ~ i ~ Oe ~ i p. ~~ ~ ~:. ~ ~ 0> ~t1 ~ ~ t ~ I() ~ ~~ ... ~ \~ -; .;. ~ ~ .' ::s ;> ':i ~'G P ~ ~ ~ "- ~ 'iil {;o<i ~ ::s (;o<~ ::s ~ Ioil'.-' ~ 4. f 01.) <:> e: l I.) :? ~p :a ~ ".. ~~ ':i - ~~ ~ ~ ~~ ~B ~ b UJ-/ go p....,. ~~ o::~ u.. o N .::r 5 :r.: ..:t co I >- ...: ::E: .... = = .,.... ~ ~J)~ '-~ ':;0'" ~-<~ :';:{: >:J~ '~"'')- :.7i'') '''2 ''';!;z ' .... d.1(t a ~'.;;'::;:;'" -r ct.1;;~::. ::.~ -() () (Ie: \ \ ~ t ~ ~ ..(J (:) u, () . <)~O-:).J)O:-~ v)~a~ - ~ ~ - ()..J ~ ,J, () .0 , (j v;) . , ~~ ^~ "-.J <) ri ..j l;}o c- ~ t' 0) - lt~ d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1090 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DOUGLAS T. MCBRIDE (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,683.25 L.L. $.50 Interest FROM 5/1/06 TO 9/6/06 (pER DIEM - $12.56) - $1,465.60 Atty's Conun % Due Prothy $1.00 Atty Paid $143.32 Other Costs $1909.50 Plaintiff Paid Date: MAY 8, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1440 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No, 62205 DESCRIPTION ALL THAT CERTAIN brick dwelling house and lot of ground situate in the Fourth Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: ON the North by an alley; on the East by Factory Street; and the South by Lincoln Street; and on the West by property N/F of John D. McCullough. HAVING Seventeen (17) feet, more or less, fronting on said Lincoln Street, and extending at an even width One Hundred Sixty (160) feet to said alley on the North, having thereon erected a brick dwelling house known as and numbered 237 Lincoln Street. BEING the same premises which KEVIN V. ANDERSON, married man, and VERNON E. ANDERSON, married man, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110, Page 826, granted and conveyed unto KEVIN V. ANDERSON, married man. The said CECELlA A. ANDERSON joins in this conveyance as the wife of KEVIN V. ANDERSON to convey all of her right, title and interest and, together, they are the Grantors herein. Being Parcel # 06-20-1798-177 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Douglas T. McBride, Single Person, by Deed from Kevin V. Anderson and Cecelia A. Anderson, his wife, dated 1-11-02, recorded 4-11-02 in Deed Book 251, page 1008. .--..~~.~"",--~~:-._~/-~~~..,.,..~."----,-... .... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION Douglas T. McBride NO. 06-1090 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: () an FHA mortgage () non-owner occupied () vacant (X) 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. D IEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~ "'- -06;: n'H1.: ...~'? '-J~ Z(, 0) .i':: ::.('" ~C lZC- ,~L: '):1' C~ Z :=< ~ ::s: ~ I Cf;J ~ i~ ,~~\ ~2~ Zjltl 9 .r:'" ~ IV s: C5 ., ... Washington Mutual Bank, F.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. Douglas T. McBride CIVIL DIVISION Defendant(s). NO. 06-1090 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) Washineton Mutual Bank. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 237 Lincoln Street. Carlisle. PA 17103. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Douglas T. McBride 15 Thomas Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Members 1 sl Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 l 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 237 Lincoln Street Carlisle, PA 17103 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 falsificati to authorities. Mav I. 2006 DATE . . .. () ....., ~ "" s:;;: => '" ~ :x ~:o -orD Q;1:T J:> -< ~~~:"'- I :g~ ~"-~ co ~-i!, ~~ ~ ':>::0 t5.~ >c; i;? ~ s:- i N - .... Washington Mutual Bank, F.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-1090 Douglas T. McBride Defendant(s). May I, 2006 TO: Douglas T. McBride 15 Thomas Drive Mechanicsburg, PA 17050 ""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 237 Lincoln Street. Carlisle. PA 17103. is scheduled to be sold at the Sheriffs Sale on SeDtember 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $69.683.25 obtained by Washinl!ton Mutual Bank. F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . ... You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. Ifthe 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 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 mav 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 (717) 249-3166 (800) 990-9108 8 ~:>,. ""001 n1r-n Z;;:~' Zl,> CO "~, 0< ' ,-<, -.,... zt_~ ....-.\.--- :l>C; ?j , .. ...... <=> """ "" ::c ~ I ct> ~ 9 .r::- N ~ ~~ ~6 :e.." g~ ~ ~ SHERIFF'S RETURN - NOT FOUND . . CASE NO: 2006-01090 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUWAL BANK FA VS MCBRIDE DOUGLAS T R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCBRIDE DOUGLAS T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MCBRIDE DOUGLAS T 237 LINCOLN STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.40 5.00 10.00 .00 37.40 so;:::~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/09/2006 Sworn and subscribed to before me this "'.1 A.t day of ~ OM!. AD ~ fl' proChon~~ ' SHERIFF'S RETURN - REGULAR .' . CASE NO: 2006-01090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MCBRIDE DOUGLAS T CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCBRIDE DOUGLAS T the DEFENDANT , at 2101:00 HOURS, on the 8th day of March , 2006 at 15 THOMAS DRIVE MECHANICSBURG, PA 17050 by handing to DOUGLAS T MCBRIDE 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 Affidavit Surcharge 6.00 7.92 .00 10.00 .00 23.92 So Answers: //,,# . .r-~~~<~ R. Thomas Kline 03/09/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before BY'T~~ b D u y Sher'ff me this .JIAk day of . AFFIDAVIT OF SERVICE CUMBERLAND COUNlY PLAINTIFF Washington Mutual Bank, F.A. DEFENDANT(S) Douglas T. McBride /Washington Mutual Bank, F.A. No. 06-1090 SERVE Douglas T. McBride AT IS Thomas Drive Mechanicsburg, P A 17050 ACCT. #0069457828 Type of Action - Notice of Sherifrs Sale Sale Date: September 6, 2006 SERVED Served and made known to!.b 6...tLCiC T. /IIl<::I&-I'.l~ . Defendant, on the 27+'" dayof ...-1Aal.{ .200", I: S-I t\ at~,o'c1ock~.m,. at---1 S- j"\..o~s (Jr. ,Commonwealth of Pennsylvania. in the manner described below: ~efendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant{s) reside(s). Agent or person in charge of Defendant(sYs office or usual place of business. an officer of said Defendant(s)'s company. Other: De~tion: Age~'O Height~" WeightZzc> Race W Sex.A-1 Other I, -.p a..h'6 f2.,,'" Gl'+S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein. issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed :~~Aer. ~rd-"" ,CI" " .~ 11___ Notary: MY 03112009~ J.J---e-' 7~ ~ }}TEMPT SERVICE AT LEAST 3 TIMES. INDICA TE DATES & TIMES OF SERVICE ATTEMPTED. ~ NOT SERVED On the day of ,200_, at o'clock ~.m" Defendant NOT FOUND because: Moved Unknown No Answer V aeant 1st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this ~ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 "&7 z:-~ ~ ~_:'> = c::;;;) en c~. c::_-= ~ ~ w ~-n ~f~~ < (.,..r;' ';}~T1 ','\...~n 'C"-!'o 9,\-;-' ...,'"" ~ '< -:. ,..;;.., o ~f-- ~ .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DOUGLAS T. MCBRIDE Defendant(s). NO. 06-1090 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. hereby verifies that on DECEMBER 23, 2005 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lIenholder(s) and any known interested party. L....--, ~ DANIEL G. SCHMffiG, ESQUIRE Attorney for Plaintiff Date: JULY 25, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a renresentative of the nlalntiff 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. , .... ~OI Bi ~ ~ W N -- ...... 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AIMFf fIOWES 021A $ 02.100 0004309825 llEC23 2005 MAIlf.O FROM Z1PCOl)E 19103 .;.-' .., " i"_' , ~-:., <. .:...~ "',..... {'" t'.~, -, :~ r:,: ;",) -._! ~ . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Douglas T. McBride No. 06-1090 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 24, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 8, 2006 in the amount of$69,683.25. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriff's Sale of the mortgaged property at 237 Lincoln Street, Carlisle, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 7 Bankruptcy at docket number 1-05-06755 on September 28, 2005. Plaintiff obtained relief from automatic stay by order of court dated November 22, 2005. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriff's Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $12.56 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF SuspenselMisc. Credits Escrow Deficit $63,246.17 5,412.35 246.18 1,250.00 1,147.00 1,461.32 26.70 0.00 0.00 0.00 0.00 1,086.22 TOTAL $73,875.94 6. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 7. Under the terms ofthe Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion ofthe figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: -, Phelan Hallinan & Schmieg,LLP By: '::hele M. Bradford, Esquire Q Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Douglas T. McBride No. 06-1090 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs . Note was secured by a Mortgage on the Property located at 237 Lincoln Street, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (197 4). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank ofSaltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 {Pa. . i Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E., Judgments S 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 CPa. Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien i is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and ifthere is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. , The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:~_ By: p~elan~p Michele M. Bradford, EsqUIre Attorney for Plaintiff . . Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS s. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PIITLADELPHIA. PA 19103 (215) 563-7000 WASHINGTON MUlUAL BANK, F.A. 11200 WEST PARKLAND AVE. Mll.WAUKEE, WI 53224 AITORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CI~iLY~ v. NO.C>~ -J(J9/j CUMBERLAND COUNTY DOUGLAS T. MCBRIDE 237 LINCOLN STREET CARLISLE, P A 17013 Defendant (") ~~ l1f:~ -...... ..- ,....., <= r.::::> CT> o -0 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE -;..,. ?J; ,', ~~: NOTICE "-- ..~~~.~ :;i:; .:~ IiTrC!Rlt Pl,EASr cffk~ COPy 11(; ! lIP frJ !: Lawyer Referral Service Cumberland County Bar Association 32 Soutb Bedford Street Carlisle, PA 17013 (800)990-910,8, Vve her-e~) . Within tD"'6 certIfy tilt:: C~r~ect 00 $i a true and 1flgJnai m pY Of the ed Of record File:N: 131411 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHJLADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND A VB. MJLWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVJL DIVISION TERM NO. CUMBERLAND COUNTY v. DOUGLAS T. MCBRIDE 237 LINCOLN STREET CARLISLE, P A 17013 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 lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONETIIE OFFICE SET FORlli BELOW. lliIS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORDTO IDRE ALA WYER, lliIS OFFICE MAYBE ABLE TO PROVIDE YOU WIlli INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland COlUlty Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 131411 File #: 131411 IF TIllS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIllS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 TmS 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 TmS 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 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: DOUGLAS T. MCBRIDE 237 LINCOLN STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/13/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1759, Page: 225. 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 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 131411 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through 02/22/2006 (per Diem $12.56) Attorney's Fees Cumulative Late Charges 05/13/2002 to 02/22/2006 Cost of Suit and Title Search Subtotal $63,246.17 2,976.72 1,250.00 156.66 $ 550.00 $ 68,179.55 Escrow Credit Deficit Subtotal 0.00 662.18 $ 662.18 TOTAL $ 68,841.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 68,841.73, together with interest from 02/22/2006 at the rate of $12.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /2:&1:u~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131411 LEGAL DESCRIPTION ALL THAT CERTAIN brick dwelling house and lot of ground situate in the Forth Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: ON the North by an alley; on the East by Factory Street; and the South by Lincoln Street; and on the West by property N/F of John D. McCullough. HAVING Seventeen (17) feet, more or less, fronting on said Lincoln Street, and extending at an even width One Hundred Sixty (160) feet to said alley on the North, having thereon erected a brick dwelling house known as and numbered 237 Lincoln Street. BEING the same premises which KEVIN V. ANDERSON, married man, and VERNON E. ANDERSON, married man, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110, Page 826, granted and conveyed unto KEVIN V. ANDERSON, married man. The said CECELIA A. ANDERSON joins in this conveyance as the wife of KEVIN V. ANDERSON to convey all of her right, title and interest and, together, they are the Grantors herein. PROPERTY BEING: 237 LINCOLN STREET File #: 131411 VF.R IFlC A TIQN FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa R_C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tlue and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ j leL- FRANCIS S. HALLINAN, ESQUlRE Attorney for Plaintiff DATE: . .2-/# . . Exhibit "B" ~HELAN 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 \ :, \ t..t II Wasbington Mutual Bank, F.A. 11200 West Parkland Avenue ~ilwaukee, VVI53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1090 Douglas T. McBride o c So: Defendaot(s). ~~ zt:- Cl>ol:: : . 2":- . ~O . _~o PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T~~ ANSWER AND ASSESSMENT OF DAMAGES. ~ TO THE PROTIlONOT ARY: I'-.) ~ c::::a c::::t <;n ::s:: :r > m:!J -< ~~ I ~ CD :po. g~ :x ,9 -I s:- S; N -< . Kipdly enter 811 in rem judgment in favor of the ~~~ntiff and against Dou2las T. McBride, Defendant(s) for failure to file an Answer to Plaintiffs Complaint' withiti20 days rromservice thereof and for Foreclosure and Sale of.the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 02/23/06 to 05/01/06 TOTAL $68,841.73 $841.52 $69,683.25 . I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copyarfhed.. . . . ~([V DANIEL G. SCHMIE6;:ESQUlRE Attorney for Plaintiff .D~tM:9~!\.~~REB"y.~S~,E.:;iSED A~ INDICATED. . ~.~.i':'(~ :Y~"(:.'" ',., ',,_ .~. ,-..: '~':4"', .~-" "'-'~ .;" .;.,:: .,. ~'~"i.::r: : :.t: ~:~.".. DATE 'i11c.. ...'l)........A:ob...' - '.::,..."~,.:i',.:i'~.r:'II.',..r"'J1 . ~:~':f~l_;.rf!<:'( ':!'" !.;:iC:.:. ';'; '0 . ~:'!.); '.~ ';i"P~R' ~~.:. : 'TRY" -.;;......... .__' ..' ;j) ;.)C:;.'; '..':; ,;.,.,: i'::.j '. . '. ~'.r ',' - . :,::.:.~ :...l~.~t~::.. '~-~f~"::-t.~ J:~'J~-.~.~;'~'~j~:' ,', -:r" '. f"".' .. .. : .- ... ,", -'~ ~ ,,', " . . . . :~ i. .: ~ ~ .. Exhibit "c" IN THE UNITED STATES BANI<RUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Douglas T. McBride Debtor Chapter No. 7 Washington Mutual Bank, as Servicer for the Mortgagee of Record Bk. No. 1 05-bk-06755 Movant v. 11 U.S.C. S;362 Douglas T. McBride and Lawrence G. Frank, Esquire (Trustee) Respondents ORDER MODIFYING S362 AUTOMATIC STAY Upon consideration of Motion of Washington Mutual Bank, as Servicer for the Mortgagee of Record (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. S;362 is modified with respect to premises 237 Lincoln Street, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a) (3) is not applicable and Washington Mutual Bank, as Servicer for the Mortgagee of Record may immediately enforce and implement this Order granting relief from the automatic stay. By tht Court, ~/Ja~ .. J~. (~ ., This electronic order is signed and filed on the same date. Dated: November 22, 2005 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. DATE:~ By: '- Phelan HalliU~P Michele M. Bradford, Esquire Attorney for Plaintiff · PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Douglas T. McBride No. 06-1090 Defendant CERTIFICATION OF SERVICE I hereby certifY that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Douglas T. McBride 237 Lincoln Street Carlisle, P A 17013 Douglas T. McBride 15 Thomas Drive Mechanicsburg, PA 17050 DATE: B,;--Phelan Halli~i~ Michele M. Bradford, Esquire Attorney for Plaintiff i -. ) '~'~ ."' -r1 == ( 1 "'j r.. :-< · 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~:::~E!VEO !!~3 I) 1 :n~5 PENNSYLVANIA Washington Mutual Bank, FA Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Douglas T. McBride No. 06-1090 Defendant RULE AND NOW, this ~ ~ . I day of 2006, a Rule IS entered upon the , Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the 7~ day of s;.p, 2006, at /(:~() A.Jt(n the Cumberland County Courthouse, Carlisle, Pennsylvania. J. , '91Nv^lASNN3d AlNnm mN1H38V'lf1O LO :S "IV g- SOHDDZ AWlONOH.l.O ow .;t\:l3HL 4) 30l:l:lO-OiJ'll:tl washington Mutual Bank, F.A. Plaintiff vs. Douglas T. McBride, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1090 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Argument Court to be held on Thursday, September 7, 2006. Date: August 15, 2006 Dale F. Supreme 10 West High Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire, Phelan Hallinan Schmieg Douglas T. McBride ~ Q, ~ ~ ~~ '"" c ~~ -tlv;: (;"> rt1\j-~, _ r ~('. ()'1 '~1l ~-'b ~ q.~ .:::" $ ~ ~\ ; ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Douglas T. McBride No. 06-1090 Defendant CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 7, 2006 at 11 :00 AM has been served upon the following persons: Douglas T. McBride 237 Lincoln Street Carlisle, PA 17013 Douglas T. McBride 15 Thomas Drive Mechanicsburg, P A 17050 PHELAN HALLINAN & SCHMIEG, LLP Date: ?J\J I~o Iii I Michele M. Bradford, Attorney for Plaintiff By: (') ..... ~ = c = is: "" C1m ". ~:n mr' c::: Z-:e. <7) -oFii zc:: en.;,:. -u6 r:: t:.' U'1 b ,,:::. -u X"", :t> ~) ?:)JJ 2:0 :Jt zO -01 5>c ~ ~ ~ w ~ a-. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F .A. Plaintiff vs. Douglas T. McBride Defendant Court of Common Pleas Civil Division Cumberland County No. 06-1090 ORDER AND NOW, this~day Ofj~~r/(.2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 9/6/06 Per Diem $12.56 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/B PO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 9/6/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. $63,246.17 5,412.35 246.18 1,250.00 1,147.00 1,461.32 26.70 0.00 0.00 0.00 0.00 1,086.22 $73,875.94 in the above figure. J. 131411 t~ ti1 ~~1 ~ ~~ ~ , t ~ ~{ ~ ...... nti(;Z II ! l - ! > )J.) j-i () : J _ .._ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 6th day of fum! A.D., 2006, under and by virtue of a writ Execution issued on the 8th day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1090, at the suit of Washington Mutual Bank F A against Douglas T McBride is duly recorded in Deed Book No. 276, Page 3775. Recorder 01 DetdI. ~ CIIIIII PA My~e-.... FIfIt~dJln.8nO Washington Mutual Bank, F.A. VS Douglas T. McBride The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1090 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2006 at 3:16 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Douglas T. McBride, by making known unto Becky McBride, wife of Douglas T. McBride, at 15 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2006 at 11 :49 0' clock AM., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas T. McBride, located at 237 Lincoln Street, Carlisle, Pennsylvania, 17013 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: Douglas T. McBride, by regular mail to his last known address of 15 Thomas Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of July 13,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$I.00 to Attorney Daniel Schmieg for Fannie Mae. It being the best and highest bid, Fannie Mae, of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$854.87. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal $30.00 16.76 15.00 15.00 30.00 10.00 .50 1.00 13.20 15.00 20.00 317.00 Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 287.60 19.31 25.00 39.50 $ 854.87 r" I/)/I;S/O (, 9- So Answers: ~~~ . R. Thomas Kline, ~eriff By,JD dCf S Io/Jd~ Real Estate Sergeant tvft~ 30 (rt) I .)"0 Ck ':/~. (I rD Ru.. Ii '3 9/ 'Y Washington Mutual Bank, F.A. r CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS Douglas T. McBride CIVIL DIVISION Defendant(s). NO. 06-1090 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) Washine:ton Mutual Bank. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 237 Lincoln Street. Carlisle. P A 171 03. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Douglas T. McBride 15 Thomas Drive Mechanicsburg, P A 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Members 1 st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, P A 17055 . , 4. Name and address oflast 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 237 Lincoln Street Carlisle, P A 17103 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificati to authorities. May 1, 2006 DATE , 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. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION Douglas T. McBride NO. 06-1090 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: () an FHA mortgage () non-owner occupied () vacant (X) 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. \ D IEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Washington Mutual Bank, F.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-1090 Douglas T. McBride Defeudant( s). May 1, 2006 TO: Douglas T. McBride 15 Thomas Drive Mechanicsburg, P A 17050 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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 237 Lincoln Street. Carlisle. P A 17103. is scheduled to be sold at the Sheriffs Sale on September 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $69.683.25 obtained by Washineton Mutual Bank. F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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. 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 ifthis 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 AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN brick dwelling house and lot of ground situate in the Fourth Ward of the . Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: ON the North by an alley; on the East by factory Street; and the South by Lincoln Street; and on the West by property NIF of John D. McCullough. HA VING Seventeen (17) feet, more or less, fronting on said Lincoln Street, and extending at an even width One Hundred Sixty (160) feet to said alley on the North, having thereon erected a brick dwelling house known as and numbered 237 Lincoln Street. BEING the same premises which KEVIN V. ANDERSON, married man, and VERNON E. ANDERSON, married man, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110, Page 826, granted and conveyed unto KEVIN V. ANDERSON, married man. The said CECELlA A. ANDERSON joins in this conveyance as the wife of KEVIN V. ANDERSON to convey all of her right, title and interest and, together, they are the Grantors herein. Being Parcel # 06-20-1798-177 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Douglas T. McBride, Single Person, by Deed from Kevin V. Anderson and Cecelia A. Anderson, his wife, dated 1-11-02, recorded 4-11-02 in Deed Book 251, page 1008. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL V ANJA) COUNTY OF CUMBERLAND) NO 06-1090 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DOUGLAS T. MCBRIDE (I) 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) 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 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 $69,683.25 L.L. $.50 Interest FROM 5/1/06 TO 9/6/06 (PER DIEM - $12.56) - $1,465.60 Atty's Comm % Due Prothy $1.00 Atty Paid $143.32 Other Costs $1909.50 Plaintiff Paid Date: MAY 8,2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1440 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 49 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 237 Lincoln Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: jccLr~ Real Estate Sergeant Ll :8 'V 0 I AVH qaal ~ () \fd 'AHHWJ lli iilj:.m~HL.1 .d:.l1~3HS 3111 .:10 3JI.:.l..:lO 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 19th and 26th day(s} of July and the 2nd day(s) of August 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 #49 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~<"'i .."n. ./,~ ! ''c.,.",., '; 'I::' ~o:> ;~'i"i.r ,.~::'<" .-:;., .... ':) :,,"~=M'q r~ ....~ '- '; "".Ut .. ,..;,~",.,.'.f5:, AlL''''~..~ house lIIlllotof"".....:ai1t!Jo.. , "'-I of the IIomup of '..'~Of~ lIIll ~..~. of.....,.IJ-. 1yhaia..~}I!!l,~. .as '.' i. " Oithe~_.~.IlastJJiy FII:fcIy SlmeI;..... ...... . ; '''''~~'SUa:t;~ \llIthe -.bJ ~;"D.~ 1Iav8.> .........i*. JIl!~u:.1eu,.... 011 Aid LiDcr6~iIld~. . even ~~."tMO).......,. llI!'" ..~...~a,lIdr:k dIrilIIlIft,'r~ 'Ilt" as'lIIll........ 237 UIDliI ~ . . .. ..........'~ ICetiwV,;.......-..a'.... _\\ala B. ~-.w-.;by lIIeit......4IIed AupIt......~. '.........'1.......1....... .... .U*. . ....... . .'ii_"'~ ,.)l~.>*. .. . .. no,_,ri gaiIIIliI....., ...v:... ~_ .. ~..Aiillll"*fjcUs in. dIia. .. .....'.....~..... ... ....... ....ilIi!... . wife. of....JtMt..... v. ......iO~~')IJ~.b/ir,..,. lIIll . . ... . ~~~.. . .. ." J?9&I'17 __;, ..,. ....jJ~ia~T. ~ .......-.bJ Deed liva", V. .w.o. lid. ~ A.ADdraoa, Ilia. wife. .. 1-114 .~4-11.Q2 m Dead Book 251.,.100I. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 r NOTAR L SEAL I ~.OIS E. SNYDER. Notary Public I Carlisle Boro, Cumberland County ~, MV Commission Expires March 5, 2009 '~.~.~~..~ REAL ESTATE SALE NO. 49 Writ No. 2006-1090 Civil Washington Mutual Bank. FA vs. Douglas T. McBride Atty.: Damel Schmieg DESCRIPTION ALL TIiAT CERTAIN brick dwell- ing house and lot of ground situate in the Fourth Ward of the Borough of Carlisle. County of Cumberland and State of Pennsylvania. and bounded and described as follows: ON the North by an alley; on the East by Factory Street; and the South by Lincoln Street; and on the West by property N/F of John D. McCullough. HAVING Seventeen (17) feet, more or less. fronting on said Lin- coln Street. and extending at an even width One Hundred Sixty (160) feet to said alley on the North. hav- ing thereon erected a brick dwell- ing house known as and numbered 237 Lincoln Street. BEING the same premises which Kevin V. Anderson. married man. and Vernon E. Anderson. married man. by their deed dated August 19. 1994. and recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia. in Deed Book 1l0. Page 826. granted and conveyed unto Kevin V. Anderson. married man. The said Cecelia A. Anderson joins in this conveyance as the wife of Kevin V. Anderson to convey all of her right, title and interest and. together. they are the Grantors herein. Being Parcel # 06-20-1798-177. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Douglas T. McBride. Single Person. by Deed from Kevin V. Anderson and Cecelia A. Ander- son. his wife. dated 1-11-02. re- corded 4-11-02 in Deed Book 251, page 1008.