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HomeMy WebLinkAbout07-3894FAVOR DEL DEMANDANTE Y REQUERIRA QUE LISTED CUMPL O UE LISTED PUEDA IS DER DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTE OGADOENSEGUIDA. SI LISTED NO TIENE UN LISTED DEBE LLEVAR ESTE PAPEL A SU AB ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINEi IJRALDAA AAQUI AABAJ DO O. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONS ESTA OFICINA PUEDE PROVEERE SI USTED NO PUEDE PAGARLE A UN ABOGADO, INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECC S O MCAT GRATISS A PERSONAS ELIGIBLE AQ UN HONORARIO REDU LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 TO BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has led an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our tollr ffree ax 21number at 1-866-413-2311 The figure or via email and/or at homeretention(c?&oldbecklaw.com. Call Seth at 215-825-6329 o leave with message that package you requested will be mailed to the address that you request ion Dedartment is David Fein who can be information. The attorney in charge of our firms Homeowner Retention reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 52763FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M & T BANK, 1 Fountain Plaza, Buffalo, NY 14203. 2. The names and addresses of the Defendants are SUSAN M. GOOD, 636 Lewisberry Road, New 636 Lewisberry Road, New Cumberland, PA 17070, Cumberland, PA 17070 and MICHAEL E. ROWE, ed remises hereinafter described. who are the mortgagors and real owners of the mortgag p 3. On March 15, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter MINEE described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, of the C., der oOf Deeds of OR M & T MORTGAGE CORP., which mortgage is recorded in the Office o Reco Cumberland County as Book 1900, Page 1374. The mortgage has been assigned to: M & T BANK by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an in the ordinary course of bushrie bee?e and/or will be lodged for recording with the Recorder of Deeds this re ference Mortgage and assignment(s) are matters of public record and incorporatech Rule relieves the Plaintiff from accordance with Pennsylvania Rule of Civil Procedure 1019(g); its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "Al' ("Property"). cor modified. As such, the 5. The mortgage is in default because it matured and has n been paid in full entire principal balance and all interest due and other charges are due and 6. The following amounts are due to Plaintiff on the Mortgage: .............................. ........................• Principal Balance •••••••• Interest from 10/01/2006 through 06/30/2007 at 6.9900%....... Per Diem interest rate at $25.75 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .. Accrued Late Charges .............................................................. Costs of suit and Title Search .................................................. Ex enses ................................................................................. ..........$134,480.00 ..............$7,029.75 .............$6,724.00 ................ $314.64 ................ $900.00 ................$225.00 ..................$27.00 $149,700.39 p Recording Fee ............................................................................. reabove questedyare inss 7. If the Mortgage is paid in full prior to a Sheriff's Salperformed. The Attorney's forth than the amount demanded based on work actually conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees eat up to 5% of the remaining principal balance in the event the Property is sold to a third arty purchaser Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability a (or separate A- 'judgment) sh that aagainst right, such Defendants in this Action but reserves its right to bring coon to right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Default was provided to Defendants as required by the terms of the loan documents. A true and correct copy of the Notice is attached hereto as Exhibit "B". WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $149,700.39, together with interest at the rate of $25.75, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: O CK McCAFFERTY & McKEEVER B 10SEPH A. GOLDBECK, 1R., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 0(a 1?2?5 a q Ghr,Sph ?r?. ze; #0010670545 - SUSAN M. GOOD and MICHAEL E. ROWE Ey,hibit A "FIRST AMERICAN TITLE INSURANCE CO. Commitment Number: ROWE42-05 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland. Commonwealth of Pennsylvania, bounded and described as follows, to ,wit: BEGINNING at a point In or near the center line of Kost Road (T-571) thence South fifty-four (54) degrees zero (00) minutes West, a distance of four hundred two and seventy-one hundredths (402.71) feet to a point at lands now or formerly of Albert F. Kosl 111; thence along the same the following courses and distances: 1) Norlh thirty-four (34) degrees zero (00) minutes West a distance of two hundred eighteen (218) feet to a point 2) South fifty-four (54) degrees zero (00) minutes West a distance of two hundred (200) feet to a point 3) North thirty-four (34) degrees zero (00) minutes West a distance of eight hundred sixty-six and seventy hundredths (866.70) feet to a point on the southern line of Lot 2 on the hereinafter mentioned subdivision plan; thence North sixly-six (66) degrees fifteen (15) seconds East a distance of four hundred eighty-one and seventy-three hundredths (481.73) feet to a point at lands now or formerly of Stanley F. Baublitr, thence South twenty-one (21) degrees fifty-four (54) minutes East a distance of one hundred twenty-eight and eighty two hundredths to a point: thence along the same North sixty-eight (68) degrees six (06) seconds East a distance of two hundred ten (210) feel to a point at lands now or formerly of Harry K. Baker; thence along the same South twenty-one (21) degrees, fifty-four (54) seconds East a distance of two hundred (200) feet to a point at the Northwestern oomer of Lot 3; thence along the Western line of Lots 3, 4, 5, and 6 on the hereinafter mentioned subdivision plan; thence South twenty-one (21) degrees 6lty4our (54) minutes East a distance of three hundred ninety-six and sixty hundredths (396.60) to a point; thence North sixty-five (65) degrees thirty (30) minutes East a distance of one hundred twenty and twenty-one hundredths (120.21) feet to a point at lands now or formerly of Calvin R. Asper; thence South twenty-two (22) degrees zero (00) minutes East a distance of two hundred nine and thirty-five hundredths (209.35) feet to a point In or near the center line of Kost Road (T-571), the point and place of BEGINNING. BEING Lot No. 1 on a final subdivision plan for Albert F. Kost, Jr. as prepared by John C. Brillhart, Surveyor, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, March 28, 1960 in Plan Book 37 Page 112 CONTAINING a gross area of 12.599 Acres, a net area of 12.319 Acres ? Certify this to be recorded In Cumberland Coull!ty pA Recorder of Deeds ALTA Commitment Schedule C (R6WE42-05.PF0M0 W E42.M) Bt1 19 0 0 PG 1390 Eythibit (B M&T Mortgage Corporation © - A SUBStI)tAR'1' OF M+sTBANh • Oyer 140 Terms of Ftperieuce Behind Us 2270 ERIN COURT, PO 13OX 762S,1.ANCASTF.R PA 17603-7628 PI10NT 888-536-2572 FA\ 717-239-8697 May 22.2007 SUSAN M. GOOD 636 LEWISBERRY ROAD NFW CUMBERLAND. PA 17070 RE: INlortguge loan # 10670535 Property Address: L RLI KOST OA D; Dear Mortgagor Customer(s): This letter shall serve as 1'annaI notice that you are presently in DL FAULT under the . terms of your Note, Mortgage Deed ooffT st, andfor Construction Loan Agreement secured by the property reerenc ave. DUE TO THE ABOVE MENTIONED DEFAULT WE HAVE ELECTED AND DO HEREBY ELECT TO DECLARE YOUR ENTIRE LOAN BALANCE IMMEDIATELY DUE AND PAYABLE IN FULL. FORMAL DEMAND IS HEREBY MADE UPON YOU FOR SUCH PAYMENT. The reason(s) we have declared your loan to be in DEFAULT is as designated below: The Construction period (term) allowed by your Construction Loan agreement has matured and construction has not been completed as a;reed, AND/Olt you have failed to execute the required Note Modification Agreement to modihy your loan to its permanent phase. To cure your default, you must pay the total principal amount of SI33,380.00(as of the date of this letter). plus all accrued interest associated with your construction loan. You must also pay the total fee amount of S2,600.00 (as of the date of this letter). Please keep in mind the principal amount owed, plus accrued interest and other fees will change. Before paying, you must request from us in writing the exact amount due to cure the default. You may fax the request to its at: 717-239-8697 or mail the request to us at: M&T Mortgage Corporation Attn: Construction Payoff Department 2270 L•rin Ct Lancaster PA 17601 Full payment of the exact amount due must be received in our office within 30 days from the date of this letter. Pa menu must be in the form of Cashier's Check Certified Check or'vlonev Order only. If you do not cure this default within 'i0 davs fromIre el , of this letter, foreclosure ro rtb foreCiUSUCC drill sale. As a proceedings may be commenced to acquire the p result of a foreclosure action the Notcholder or another person may acquire the property. The method of fioreclosure used will depend on the foreclosure statutes of the state in which the mortgaged property is located. In the event foreclosure proceeding's are initiated. you may have certain rights. including the right to argue that you did fulfill the promises and agreements under the Note, Mortgagc/Deed of Trust, and Construction Loan Agreement. Please note you may be responsible for a deficiency balance resulting from this sale. You may he entitled to raise any other applicable defense and possibly to reinstate your loan account after acceleration and before sale. PLEASE BE AWARE THAT BECAUSE YOUR ENTIRE BALANCE IS NOW DUE AND PAYABLE IN FULL. WE MAY NO LONGER ACCEPT YOUR NORMAL MONTHLY INTEREST PAYMENTS TO ADVANCE THE MONTHLY DUE DATE. THEREFORE. UNTIL THE BALANCE IS PAID IN FULL YOUR ACCOUNT WILL PAYMENT. REMAIN CONTRACTUALLY DUE FOR THE NOVEMBER 1, 2006 THE STATUS OF OUR ACCOUNT MAY E REPORTED TO CREDIT REPORTING AGENCIES. Any monthly interest payments received after the date of this letter may be returned to you, or applied to your current principal. interest, or construction fees that are due because of the above default. It should be noted that under the terms of your Mortgage/Deed of Trust. all expenses allowed by law, which may include reasonable attorney's fees and other costs relating to the default and any foreclosure proceedings may be collected from you. Please refer to your loan documents or consult an attorney concerning the rights and obligations that you have in connection with the default described above. Lastly. we ask that you please contact us immediately at 888-536-2572 extension 2686 to discuss your intentions. as well as any possible alternatives that may be available. Sincerely. SHERRI YE lr? CONSTRUCTION LOAN SPECIALIST LATE PAYMENTS MISSED PAYMENTS OR OTHER LOAN DF.FAUur 1NFORti1A7'ION ?IAY BE REPORTED TO CRIiDI'1' REPOR'1'IV(; AGENCIES. law Ma Mo age Co rporation ertence Behind Ls A SUBSIDIARY OF MRTBANK I Over 140 Years of &-P 2270 ERIN COURT, PO BOX 7628, LANCASTER PA 17604-7628 P11ONE 888-536-2572 FAX 717-239-8697 Novembc# 16, 2006 MICHAEL E. ROWE. 636 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 RE: 11 rtgage Loan # 10670545 Pr?perty Address: LOT I KOSTPRAO? Q13 CARLISLE, Dear Mol*agor Customer(s): This ietterisball serve as formal notice that you are p esen Construction Loan Agreemenhe terms of y?ur Note, MortgagdDeed of Trust, secured b) the property referenced above. ` ND DO HEREBY . rE ABOVE ECLARE YOUR ENTIRE LOAN BALANCE IMMEDIATELY H1R);B 13Y ELECT TO U DUE AND PAYABLE IN FULL. FORMAL. DEMAND 1S HEREBY MADE UPON YOU FORT SUCH PAYMENT. The rcasod(s) we have declared your loan to be in DEFAULT is as designated below: The Cons ruction period (term) allowed by your Construction Loan Agreement has ave matured ?nd construction has not been completed ig agreed, to modfRy you urhoan to Note failed to e?Cecute the required its perms*ent phase. To cure yqur default, you must pay the total principal amount of 134,4800.00 (as of the date of this' letter), plus all accrued interest associated with your construction loan. You must also ay the total fee a count owed, plus accrued interest leandtothcrttees will change. keep in tni?d the principal Before pa ing, you must request from us in writing the exact amount due to cure the default. Yqu may tax the request to us at: 717-239-8697 or mail the request to us at: I. M&T Mortgage Corporation 4 Attn: Construction Payoff Department 2270 Erin Ct Lancaster, PA 17601 s it 1 l ? °nt of the exact amount due must be received in our ice within 30 days from Pull payi the date o this letter. Payment must be in the form of Cashier's Check C;ertitied Check or MonevOrdcr onl . If you do ! of cure this default within 30 days from recei t for chis lost reeand sale As a proccedin s may be commenced to acquire the property by y ..wire the ro ertresult of alforeclosure action the N?ll depend olon the foreclosure rst totes of the statePn y The method of foreclosure used osure ngs which thepnortgaged property il located. the right tolargue taotcyoutd d fulfill the initiated, lou may have certain rights, /Deed of Trust, and Construction promises 4nd agreements under the ItiutebMortgage eible for a deficiency balance resulting Loan Agr4ement. Please note you may P and before Pale ble defense and possibly to from this ale. You may be entitled to raise any other reinstate y?ur loan account after acceleration NOW D PLEASE ?E AWARE THAT BECAUSE o YOUR ER ACCEPT YOURINU MALUE AND PA ABLE IN FULL, WE MAY MONTHLY IN'T'EREST PAYMENTS TO ADVANCE THE MONTHLY DUE DATE. za0 PCOUNT AYMENT. THEREFOR-, UNTIL THE BALANCE IS PAID IN FULL YOUR T L R ACCOUNT MAY BE REPORTED TO CREDIT HE STN KUS OF YOUR E THE TA US REPORT . 'G AGENCIES. Any monthly interest payments received after the date of this letter may be returned to you, or ap lied to your current principal, interest, or construction fees that are due because Ithe above default. It should bic noted that under the tenns of your Mortgage; Deed of Trust, all expenses , and othe Pcosts lease refergtoo relatin allowed b law, which may include proceedings Aaytbe ollec eees d from your the defaul and any foreclosuret an attorney concerning the rights and obligations that you your Juan ?locumcnts or consul have in co#tnection with the default described above. Lastly, weiask that you please contact its immediately at 888-536-2572 extension 2686 to discuss your intentions, as well as any possible alternatives that may be available. Sincerely,: K LLY'fIWLL CONSTRI CfION LOAN SPECIALIST o ? Fri ?a SHERIFF'S RETURN - NOT FOUND CASE N04 2007-03894 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M & T BANK VS GOOD SUSAN M ET AL 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 GOOD SUSAN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT LOT 1 KOST ROAD GOOD SUSAN M NOT FOUND , as to CARLISLE, PA 17013 NO SUCH ADDRESS. DEFENDANT'S OWN A VACANT LOT AT 6 KOST ROAD CARLISLE. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 37.80 So answers: R. Thomas ThomaKline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 07/27/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO.: 2007-03894 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M & T BANK VS GOOD SUSAN M ET AL 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 ROWE MICHAEL E but was unable to locate Him in his bailiwick. He therefore returns the OnMDT.A TAT'T _ MnMM Len= the within named DEFENDANT LOT 1 KOST ROAD ROWE MICHAEL E NOT FOUND , as to CARLISLE, PA 17013 NO SUCH ADDRESS. DEFENDANT'S OWN A VACANT LOT AT 6 KOST ROAD CARLISLE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 &) 10/07 41 ? 21.00 So answers ' r R . homa . Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 07/27/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO.: 2007-03894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS GOOD SUSAN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GOOD SUSAN M but was unable to locate Her deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 27th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer: r - ?-_: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R`. Thomas Kline Dep York County 52.83 Sheriff of Cumberland County Postage 2.33 80.16 v, I fio/n 07/27/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS GOOD SUSAN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ROWE MICHAEL E but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 27th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer.-r Docketing 6.00 - Out of County .00 `? ?= ?'.?'?" Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? 1 J?o,lY1 , 07/27/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of A. D. COUNTY OF YORK 1 0 F 2 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 "7 - SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTF=TIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ / 2 COURT NUMBER 60/7k 07-3894 c vil 3?EFENDANTISI'fi. 4. P OF WRIT OR MP ,Ji1$T I C E & SERVE 5 NAME OF INDIVIDUAL, CO P NY CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO LE , ATTACHED, OR SOLD 6 DDRESS (STREET OR RFO WITH BOX NUMBER, PT NO , I . BORO. TWP, ST TE AN ZIP C DE) ,?,` AT 7 INDICATE SERVICE'SONAL ERSON IN HARGE XXDEPUTIZEILa U 1ST CLASS MAIL U POSTED LI OTHER NOW July 6 20 07 I, SHERIFF OF 1 COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this WI and make return thereof ac?rding to law. This deputization being made at the request and risk of the plaintiff. %r?- SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICID U T 0 F C 0 U N T Please mail return of service to Cumberland County Sheriff. Thank you. 1 ADVANCE FEE PAID BY ATTY. e0 5 L Se('Vf- t /-? 0 C.CO -c o-/1 <e Ll/ ftiL C"a- ?.te)" 4UV NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any pr perty before sheriff's sale thereof. 9. TY NAME and ADDRESS of ATTORNEY ilciA I NQTjJRE 10. TELEPHONE NUMBER 161, DATE FILED 27/2007 ?,v ( V ctSl t?ilt"cz t 0 1u E I?ER S l? a 7- l .3 t 12. SErIdTICE OF f ERVICE COPY TO NAME AND ADQWeWRF p0h"@* rf leompleted d notice is to be mailed). 701 Market Street CUMBERLAND CO SHERIFF SPACE BELOW FOR - DO NOT WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 17/9/2007 7/27/2007 16. HOW SERVED: PERSONAL M RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE N OTHER( ) SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. =?qQNDIVIDUAL SE V I LIST A RESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 ate of Service 20 Time of Service 71j2l 0 /.2100 AJ4rxl 21. ATTEMPTS to Ti Miles Int. Date Time Mlles Int Date Time Miles Int 10atelTimelMilesi W. Date Time Miles Int. Date Time Miles Int. 22. REMARKS: i)t_FEi?Df'1!JT' S 14FRE Sorl"VED AT YCSO 45 NORTH GE0RGF ST. , YORK, PP; 17401. THEY DID GIVE US ivF6a ADDRFSS, 1590 RT 25 , MILLERSBURG, PA 17061 23. Advance Costs 21 Serv ice Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32. To* Costs 33 Costs Due Refund Ch k Nj $125.00 a1W 3 1 146,063 '7,010 • 1 1791 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund ANSWERS 41. AFFIRMED and subscribed to lief re me thi 44. D u ri 45.0 42 day of JUL gfyQ ep. Sh er iff FOTARIALSEAL 46. Signature of Yak County Sheriff " DATE LA' ", ". rvrTA R Y P UP LIC C; K YOR' OR WILLIAM M HOSE ERIFF 7/25/07 _ , t 0002N T Y EtiPIR_SA?G. 12, 2009 ore. Signature of foreign County Sheriff 49 DATE 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN-SIGNATURE 191 UA 1 t KtGt1VtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office I nd AM 9T T Wd 6 IAP LRI 331V3HS 3HI 30 331AAO Q3A1303V 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 r L? SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTRUCTKM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 CO tj N?tiy4 4 ClVi 4. P OF WRIT O COM IN N O T I C & ?FENDANT/,61 6 J 1? ? U F NO r t , 0 t ' (. , SERVE 5 NA F INDI (DUAL, bMP)kNY, CORP TION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO E EV D- ATTACHED, OR SOLD y [ ADDRESS (S REET OR RF WITH BOX U TWP APT NO R CI ORO STATE AND ZIP ODE) AT , , ., Z4. s . e P 7 INDICATE SERVICE ERSONAL ERSON IN C ARGE EPUTIZE D CERT IL ? 1ST CLASS MIL V POSTED U OTHER NOW u y 20 I, SHERIFF O UNTY, PA,,do hereby depyti;q the sheriff of Vnrk COUNTY to execut it r of• ording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF Y RK COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING E ClimbQSland ADVANCE FEE PAID BY ATTY lease mail return of service to Cupberland County erifank ou. ?Srut" r r C (f L-'? ' It NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herei or any loss, destruction, or removal of any property before sherifrs sale thereof 10. TELEPHONE NUMBER 11. DATE FILED 9. TY NAME and AD PRESS of ATTO Y ! RI If UA0h r .?o ?YTt ite00 }' M EVER 7 J7 , /27/2.007 12. SE NOTICE IF SERVICE COPY TO NAME AND ADDRESSVLIUD i:7 ted A notice is to be mailed) ' 701 Market Street CUMBERLAND CO SHERIFF phifa'Wphia P-4 19106 SPACE BELOW FOR USE OF TW SHERIFF - DO NOT WRITE BELOW THIS LW 13. 1 acknowledge receipt of the writ M J M C G I L L Y C S O '4 DATE RECEIVED 15. ?? ? o/ e ring Date or complaint as indicated above. 16. HOW SERVED PERSONAL (>A RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAM T F L ED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 D to of /Se 20 Time of Service ' / (/ /.,7:&) Neon! 21. ATTEMPT ale Tim„ N Qe Int. Date Time Miles Int. Date Time Miles Int Date Time Miles Int. Date Tilim il Int. Date TimeMiles Int. 22. REMARKS NEW ADDRESS IS 1590 RT 25, MILLERSBURG, PA 17061 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 26. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. ForNgn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MileagelPostagelNot Found 39. Total Costs 40. Costs Due or Refund 25TH SO ANSWERS 41. AFFIRMED and subscribed to befo me this JULY 07 12. day of 20 43. /1104 4.. Signature of Dep. Sheriff / as. DATE .2 ?/ 7 - 6. Signature of York 47 GATE t °F p R A county stmff 7/25/07 pRYPUBUC ? ( FOR WILLIAM M HOSE, SH RIFF ?l ;< C 0 J NTY Signature of Foreign 49 DATE 12, 200 County Sheriff 50. 1 ACKNOWL 06E RECEIPT OF THE SH URE 151 DATE RECEIVED OF AUTHO, 4SSt11N ,C`fC AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office Vd NH0," 91 1 Wd 6- Iff IM JJlH3HS 3HI 30 331A JO a3A1303V In the Court of Common Pleas of Cumberland County M&TBANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-3894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against SUSAN M. GOOD and MICHAEL E. ROWE by default for want of an Answer. Assess damages as follows: Debt Interest from 08/2812007 to Date of Sale Total (Assessment of Damages attached) $151,193.89 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was maiW or del' ered to the party against whom judgment is to be entered and to his attorney of record, if any, after the defaul oc d at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 IA. Goldbeck, Jr. -y for Plaintiff 6132 AND NOWa nn7 , Judgment is entered in favor of M & T BANK and against SUSAN GOOD and MICHAEL E. RO E by default for want of an Answer and damages assessed in the sum of $151,193.89 as per the above certification. S P thonotary 52763FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 13, 2007 TO: SUSAN AL GOOD 636 Lowiabeary Road New Cad, PA 17070 M & T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. SUSAN M. GOOD MICHAEL E. ROWE (Mortpgor(s) and Record Owner(s)) Lot I Kost Road Carlisle, PA 17013 TO: SUSAN M. GOOD 636 Lewiebwy Road New Cumbcdaud, PA 17070 Plaintiff Defendant(s) in the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tern No. 07-3894 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 WITLIIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LASE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU ATM INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. UK AL SERYiCESINe 8 hvine Row Cam PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 21 tipty Avftw Carlisle, PA 17013 3a?t?Zec?? GOLDBECK iWAT?MTY & MaKEEVER BY. Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 52763FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: SUSAN M. GOOD Lot 1 Kost Road Carlisle, PA 17013 M & T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) TO: SUSAN M. GOOD Lot I Kost Road Carlisle, PA 17013 DATE OF THIS NOTICE:: August 13, 2007 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 j]1rT'P[)RTA1% T 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlOORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Cadkik PA 17013 717-243-94M CUMBERLAND COUNTY BAR ASSOCIATION 2 LhatyAvaau CadW PA 17013 IMM6 B A. Coldbo* Jr, Esq. Atsaney 6arft"fl' Suite 5000- McHm hdq=dwe CenW 701 Madwt SUM P1dWekAdk PA 19106 215-627-1322 52763FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE AT M4WI VG TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 13, 2007 TX): MICHAEL & ROWE 636 LewWx2Ty Road New Cumbedmd, PA 17070 M&TBANK 1 Fountain Plaza Buffalo, NY 14203 VS. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 TO. MICHAEL E. ROWE 636 I.cwiebary Road New Cmnbe wkd, PA 17070 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 'ANT NAT1C-E YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 116ORMATION 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. LWAL SERVICES INC 9 ]wins Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 LAI Mty Avemre Car6sls, PA 17013 GOLDS McCASFERTY & McICEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 52763FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAWED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: MICHAEL FL ROWS Lot 1 Kost Road Carlisle, PA 17013 M & T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) TO: MICHAEL. E. ROWE Lot 1 Kost Road Carlisle, PA 17013 DATE OF THIS NOTICE:: August 13, 200'7 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 EMMRTANT N033" YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTIH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEALING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH DWORMA17ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVIM MC li hvine Row Caftck PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 219way Avame Carlisle, PA 17013 eCA ICV6R B A. Gdita*. Jr., Esq. Attorneyfi)rPfain ff Suite 5000 - Moon 6kpw? Cwkr 701 Mara Stva Philadelphia, PA 19106 215427-I322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SUSAN M. GOOD, is about unknown years of age, that Defendant's last known residence is 636 Lewisberry Road, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendment / Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL E. ROWE, is about unknown years of age, that Defendant's last known residence is 636 Lewisberry Road, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its A ? ;,? Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 vs. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record owner(s)) Lot 1 Kost Road Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3894 ORDER FOR JUDGMENT Please enter Judgment in favor of M & T BANK, and against SUSAN M. GOOD and MICHAEL E. ROWE for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $151,193.89. . Goldbeck, Jr. for Plaintiff I hereby certify that the above names are correct `hcKhat the precise residence address of the judgment creditor is M & T BANK 1 Fountain Plaza Buffalo, NY 14203 and that the name(s) and last known address(es) of the Defendant(s) is/are SUSAN M. GOOD, 636 Lewisberry Road New Cumberland, PA 17070 and MICHAEL E. ROWE, 636 Lewisberry Road New Cumberland, PA 17070; X sCK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr. for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 10/01/2006 through 09/03/2007 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search EXPENSES RECORDING FEE $134,480.00 $8,523.25 $6,724.00 $314.64 $900.00 $225.00 $27.00 $151,193.89 [CK McCAFFERTY & McKEEVER h A. Goldbeck, Jr. for Plaintiff AND NOW, this Z day of 11Ap . , 2007 damages are assessed as above. s AAJA? le . CM_ r Prothy axe Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 VS. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-3894 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. P-JI C7 o Cc? u Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&TBANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagors and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) No. 07-3894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: DK8 Pepitt9" If you have any questions concerning the above, please contact: 81.28/07 Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 .n r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 vs. Plaintiff IN THE COURT OF COMMON PLEAS SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 TO THE PROTHONOTARY: Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3894 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount Due Interest from 08/28/2007 to Date of Sale at 6.9900% (Costs to be added) $151,193.89 K McCAFFERTY & McKEEVER A. Goldbeck, Jr. Plaintiff a et G. ?o ?MU °>oQ H a H C!' ?. U N d 0 00 09 O ?0 Q C ¢A ; e? Q7 o P64 ? x o ? C o oa W V Q Q r s s r ?? Y dU ? U dM dr=aa4 ?N F v'? o? G - G N co N m :r- Ell ` r ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in or near the center line of Kost Road (T-571), thence South fifty-four (54) degrees zero (00) minutes West, a distance of four hundred two and seventy-one hundredths (402.71) feet to a point at lands now or formerly of Albert F. Kost III; thence along the same the following courses and distances: 1) North thirty-four (34) degrees zero (00) minutes West a distance of two hundred eighteen (218) feet to a point 2) South fifty-four (54) degrees zero (00) minutes West a distance of two hundred (200) feet to a point 3) North thirty-four (34) degrees zero (00) minutes West a distance of eight hundred sixty-six and seventy hundredths (866.70) feet to a point on the southern line of Lot 2 on the hereinafter mentioned subdivision plan; thence North sixty-six (66) degrees fifteen (15) seconds East a distance of four hundred eighty-one and seventy-three hundredths (481.73) feet to a point at lands now or formerly of Stanley F. Baublitz; thence South twenty-one (21) degrees fifty-four (54) minutes East a distance of one hundred twenty-eight and eighty two hundredths (128.82) feet to a point; thence along the same North sixty-eight (68) degrees six (06) seconds East a distance of two hundred ten (210) feet to a point at lands now or formerly of Harry K. Baker; thence along the same South twenty-one (21) degrees fifty-four (54) seconds East a distance of two hundred (200) feet to a point at the Northwestern corner of Lot 3; thence along the Western line of Lots 3, 4, 5, and 6 on the hereinafter mentioned subdivision plan; thence South twenty- one (21) degrees fifty-four (54) minutes East a distance of three hundred ninety-six and sixty hundredths (396.60) to a point; thence North sixty-five (65) degrees thirty (30) minutes East a distance of one hundred twenty and twenty-one hundredths (120.21_ feet to a point at lands now or formerly of Calvin R. Asper; thence South twenty-two (22) degrees zero (00) minutes East a distance of two hundred nine and thirty-five hundredths (209.35) feet to a point in or near the center line of Kost Road (T-571), the point and place of BEGINNING. BEING Lot No. 1 on a final subdivision plan for Albert K. Kost, Jr., as prepared by John C. Brillhart, Surveyor, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, March 26, 1960 in Plan Book 37 Page 112. CONTAINING a gross area of 12.599 Acres, a net area of 12.319 Acres. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: Lot 1 Kost Road Carlisle, PA 17013 SOLD as the property of SUSAN M. GOOD and MICHAEL E. ROWE TAX PARCEL #38-08-0569-0021 IV 07-3894 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County VS. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 Term No. 07-3894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROWE, MICHAEL E. MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 Your house at Lot I Kost Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $151,193.89 obtained by M & T BANK against you. NOTICE OF OWNER'S RIGHT YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M & T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 07-3894 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 t'l f r CP ? ! „ 07-3894 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 52763FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. t 07-3894 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County VS. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 Term No. 07-3894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GOOD, SUSAN M. SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 Your house at Lot 1 Kost Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $151,193.89 obtained by M & T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M & T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 07-3894 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 m r _ rv ? Ca i „ ' k... i m ?1J Q 07-3894 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionaa goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 52763FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 4 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-3894 AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: Lot 1 Kost Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 . rI t PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS Lot 1 Kost Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: August 27, 2007 40PB CK McCAFFERTY & McKEEVER BY: Jos h A. Goldbeck, Jr., Esq. Attornev or Plaintiff G -? ? -j IU . ' CD Cam,? _ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3894 Civil CIVIL ACTION -.LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From SUSAN M. GOOD & MICHAEL E. ROWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,193.89 Interest from 8/28/07 to Date of Sale at 6.9900% L.L. $.50 Atty's Comm % Atty Paid $273.96 Plaintiff Paid Date: 8/28/07 (Seal) Due Prothy $2.00 Other Costs $ . s . Long, Prothonotary By: &. A- t- 'Ou'. Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-825-6318 Supreme Court ID No. 16132 I GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M & T BANK 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff vs. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 PRAECIPE TO CORRECT PROPERTY ADDRESS Kindly correct the docket to reflect the correct property address of 6 Kost Road F/K/A Lot 1 Kost Road Carlisle, PA 17013. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER By. is ael T. McKeever, Esquire Attorney for Plaintiff GOLDBECK, McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Mellon Independence Center SUITE 5000 701 Market Street PHILADELPHIA, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 October 26, 2007 SUSAN M. GOOD MICHAEL E. ROWE Lot 1 Kost Road Carlisle, PA 17013 RE: M & T BANK vs. GOOD COURT OF COMMON PLEAS OF Cumberland COUNTY DOCKET # 07-3894 Dear Sir/Madam: Enclosed please find a copy of Plaintiffs Praecipe to correct the property address with regard to the above-referenced matter, the original of which was duly filed with the Court. Sincerely, GOLDBECK McCAFFERTY & McKEEVER By: ich 1 T. McKeever, Esquire Attorney for Plaintiff cc: SUSAN M. GOOD MICHAEL E. ROWE 'IN GOLDBECK, McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Mellon Independence Center SUITE 5000 701 Market Street PHILADELPHIA, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 JOSEPH A. GOLDBECK, JR. GARY E. MCCAFFERTY MICHAEL T. MCKEEVER KRISTINA G. MURTHA LESLIE E. PUIDA LISA A. D'ANGELI October 26, 2007 Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: PRAECIPE TO CORRECT PROPERTY ADDRESS Dear Sir or Madam: Kindly file of record the enclosed Praecipe to Correct Property Address. We do not need a time- stamped copy for our file. Thank you for your attention in this matter. /S/ JAG/ld Very truly yours, ? o ?_r ? '?? .? ?. ? 4.., i R. ?r t' ? .? t W, s ?h ?!^ r'= ' ? "? ? ? ....7 GOLDBECK McCAFFERTY & McKEEVER BY:4oseph A. Goldbeck, Jr. ' Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attornev for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 vs. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 6 Kost Road F/K/A Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ?j Personal Service by the Sheriffs Officeieeirtpeten6edvi4 (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. ectfully submitted, C?= Z N ' C'? C-D,-- - u, Joseph A. Goldbeck, Jr. Attorney for Plaintiff 52763FC CF: 06/27/2007 SD: 12/05/2007 $151,193.89 W. LL oa LL N ?g y LL C3 WO O r ; C?-N Q N W ? r og O c Q a NN ?p LL. ` v O d '+IM 1 O SL O ? CL ] Mel ?? (La Z w g m W m? E E i .d SEE _ 7 V ??GG 0 CO r- tr u? U) z D acv N O O am o Q - g ?? 0 w W-0 a ro 0 M U_ Q I) f!J X U QOCcX c , !02 Ix H _ a ???? Q w z m4 Lu s Co a Z Y Q 00 r. H m mm2n- -J = Zf CL v z w¢ o ?a 2 W$YW? ca In M E 2 Z t Z?.- p=0) r N Cr1 d ui (O 1? 00 c a c IL o` Y CL 0 Is f• 0 N a m M Cl) n o c r Q7 a ? cta r ? ? U n: sti ?'i LL M uI- a sNs W ill J W U 06 0 O O U' Q co D N M&T Bank ???`? In the Court of Common Pleas of .VS Cumberland County, Pennsylvania Susan M. Good and Michael E. Rowe Writ No. 2007-3894 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Susan M. Good and Michael E. Rowe, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. York County Return: And Now, September 18, 2007 at 1845 hours served the within Real Estate Writ, Notice of Sheriff s Sale and Description upon the within named defendant, Susan M. Good by personally handing to Susan Good, at The Giant Supermarket, 130 Old York Road, Fairview Township, York County, Pennsylvania, and made known unto her the contents thereof. So answers: William Hose, Sheriff of York County, Pennsylvania. York County Return: And Now, September 21, 2007 at 0930 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Michael E. Rowe by personally handing to Michael E. Rowe, at The Giant Supermarket, 130 Old York Road, Fairview Township, York County, Pennsylvania, and made known unto him the contents thereof. So answers: William Hose, Sheriff of York County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2007 at 1413 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan M. Good and Michael E. Rowe located at Lot 1 Kost Road, Carlisle, 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 defendants, to wit: Susan M. Good and Michael E. Rowe by regular mail to their last known address of 636 Lewisberry Road, New Cumberland, PA 17070. These letters were mailed under the date of October 22, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff B Real Estate ergeant GOLDBECK McCAFFERTY & McKEEVER BY:*loseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M & T BANK 1 Fountain Plaza Buffalo, NY 14203 VS. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) 6 Kost Road F/K/A Lot 1 Kost Road Carlisle, PA 17013 Defendant(s) Plaintiff AFFIDAVIT PURSUANT TO RULE 3129 Term No. 07-3894 M & T BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 6 Kost Road F/K/A Lot 1 Kost Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUN'T'Y ' PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS Lot 1 Kost Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: October 31, 2007 DBECK cCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff C°) ?v :. po 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 Souder Andrew K is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 28th day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 3894, at the suit of M & T Bank against Susan M Good & Michael E Rowe is duly recorded as Instrument Number 200801648. IN TESTIMONY WHEREOF, I/have hereunto set my hand and,peal of said office this / day of A.D. c-26?-CF Leorder of Deeds Aewd of Dedend County. Cafte. PA My CwcAgion Expire: the First Monday of Jan. 2010 M&T Bank VS Susan M. Good and Michael E. Rowe In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3894 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Susan M. Good and Michael E. Rowe, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. York County Return: And Now, September 18, 2007 at 1845 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Susan M. Good by personally handing to Susan Good, at The Giant Supermarket, 130 Old York Road, Fairview Township, York County, Pennsylvania, and made known unto her the contents thereof. So answers: William Hose, Sheriff of York County, Pennsylvania. York County Return: And Now, September 21, 2007 at 0930 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Michael E. Rowe by personally handing to Michael E. Rowe, at The Giant Supermarket, 130 Old York Road, Fairview Township, York County, Pennsylvania, and made known unto him the contents thereof. So answers: William Hose, Sheriff of York County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2007 at 1413 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan M. Good and Michael E. Rowe located at Lot 1 Kost Road, Carlisle, 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 defendants, to wit: Susan M. Good and Michael E. Rowe by regular mail to their last known address of 636 Lewisberry Road, New Cumberland, PA 17070. These letters were mailed under the date of October 22, 2007 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 December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $127,250.00 to Attorney Richard Snelbaker on behalf of Andrew K. Souder. It being the highest bid and best price received for the same, Andrew K. Souder of 250 North Locust Point Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $132,576.48. Sheriff s Costs: Docketing $30.00 Poundage 2,545.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 4.80 Levy 15.00 Surcharge 30.00 Law Journal 557.00 Patriot News 451.31 Share of Bills Distribution of Proceeds Sheriff s Deed So Answers: 14.92 25.00 39.50 $3,803.03 ? ??icfa? R. Thomas Kline, Sheriff BY ?J Q WW1 Real Estate rgeant k Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M & T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. SUSAN M. GOOD MICHAEL E. ROWE (Mortgagor(s) and Record Owner(s)) Lot 1 Kost Road Carlisle, PA 17013 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-3894 AFFIDAVIT PURSUANT TO RULE 3129 M & T BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: Lot 1 Kost Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS Lot 1 Kost Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: August 27, 2007 00P13 CK McCAFFERTY & McKEEVER BY: Jose #h A. Goldbeck, Jr., Esq. Attorney or Plaintiff s i 07-3894 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 vs. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GOOD, SUSAN M. SUSAN M. GOOD 636 Lewisberry Road New Cumberland, PA 17070 Your house at Lot 1 Kost Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $151,193.89 obtained by M & T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M & T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. It 07-3894 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3894 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 52763FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-3894 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&TBANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff IN THE COURT OF COMMON PLEAS vs. SUSAN M. GOOD MICHAEL E. ROWE Mortgagor(s) and Record Owner(s) Lot 1 Kost Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 07-3894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROWE, MICHAEL E. MICHAEL E. ROWE 636 Lewisberry Road New Cumberland, PA 17070 Your house at Lot 1 Kost Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $151,193.89 obtained by M & T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M & T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and of Cumberland County CIVIL ACTION - LAW 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 07-3894 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-3894 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 52763FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in or near the center line of Kost Road (T-571), thence South fifty-four (54) degrees zero (00) minutes West, a distance of four hundred two and seventy-one hundredths (402.71) feet to a point at lands now or formerly of Albert F. Kost III; thence along the same the following courses and distances: 1) North thirty-four (34) degrees zero (00) minutes West a distance of two hundred eighteen (218) feet to a point 2) South fifty-four (54) degrees zero (00) minutes West a distance of two hundred (200) feet to a point 3) North thirty-four (34) degrees zero (00) minutes West a distance of eight hundred sixty-six and seventy hundredths (866.70) feet to a point on the southern line of Lot 2 on the hereinafter mentioned subdivision plan; thence North sixty-six (66) degrees fifteen (15) seconds East a distance of four hundred eighty-one and seventy-three hundredths (481.73) feet to a point at lands now or formerly of Stanley F. Baublitz; thence South twenty-one (21) degrees fifty-four (54) minutes East a distance of one hundred twenty-eight and eighty two hundredths (128.82) feet to a point; thence along the same North sixty-eight (68) degrees six (06) seconds East a distance of two hundred ten (210) feet to a point at lands now or formerly of Harry K. Baker; thence along the same South twenty-one (21) degrees fifty-four (54) seconds East a distance of two hundred (200) feet to a point at the Northwestern corner of Lot 3; thence along the Western line of Lots 3, 4, 5, and 6 on the hereinafter mentioned subdivision plan; thence South twenty- one (21) degrees fifty-four (54) minutes East a distance of three hundred ninety-six and sixty hundredths (396.60) to a point; thence North sixty-five (65) degrees thirty (30) minutes East a distance of one hundred twenty and twenty-one hundredths (120.21_ feet to a point at lands now or formerly of Calvin R. Asper; thence South twenty-two (22) degrees zero (00) minutes East a distance of two hundred nine and thirty-five hundredths (209.35) feet to a point in or near the center line of Kost Road (T-571), the point and place of BEGINNING. BEING Lot No. 1 on a final subdivision plan for Albert K. Kost, Jr., as prepared by John C. Brillhart, Surveyor, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, March 26, 1960 in Plan Book 37 Page 112. CONTAINING a gross area of 12.599 Acres, a net area of 12.319 Acres. IMPROVEMENTS consist of a residential dwelling. . BEING PREMISES: Lot 1 Kost Road Carlisle, PA 17013 SOLD as the property of SUSAN M. GOOD and MICHAEL E. ROWE TAX PARCEL #38-08-0569-0021 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3894 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From SUSAN M. GOOD & MICHAEL E. ROWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,193.89 Interest from 8/28/07 to Date of Sale at 6.9900% Atty's Comm % Atty Paid $273.96 Plaintiff Paid Date: 8/28/07 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs E i'Chrtis R. Long, Prothonot By: Deputy Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-825-6318 Supreme Court ID No. 16132 Real Estate Sale # 62 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as Lot 1 Kost Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By: Real Estate ergeant APR 114? SCHEDULE OF DISTRIBUTION SALE NO. 62 Date Filed: January 4, 2008 Writ No. 2007-3894 Civil Term M&T Bank VS Susan M. Good and Michael E. Rowe Lot 1 Kost Road Carlisle, PA 17013 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney V December 5, 2007 Andrew K. Souder $127,250.00 $151,193.89 2,867.04 /rit Costs 273.96 Total: $154,334.89 DISTRIBUTION: Receipts: Cash on account (08/31/2007): $ 1,500.00 Cash on account (12/05/2007): 12,725.00 Cash on account (12/20/2007): 119,851.48 Total Receipts: $134,076.48 Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Debra Weist, Tax Collector Attorney Joseph Goldbeck M&TBank Total Disbursements: Balance for distribution: So Answers: $3,803.03 300.00 1,240.74 1,240.74 348.73 1,500.00 125,643.24 ($134,076.48) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 62, held December 5, 2007 EFFECTIVE DATE: December 5, 2007 PREMISES: 6 Kost Road, Carlisle (Silver Spring Township), Cumberland County, Pennsylvania, 17013 tax parcel No. 38-08-0569-002A (the "Premises") RECITAL: Being the same premises which Albert F. Kost, Jr. and Beatrice F. Kost, his wife, by their Deed dated March 15, 2005 and recorded March 17, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 267, Page 4880, granted and conveyed unto Michael E. Rowe and Susan M. Good. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $234,000 from Michael E. Rowe and Susan M. Good to M&T Mortgage Corporation dated March 15, 2005 and recorded March 17, 2005 in Mortgage Book 1900, Page 1374, assigned September 27, 2007 to M&T Bank as Instrument No. 200737410 to M&T Bank. -2- 21. Judgment against Susan M. Good and Michael E. Rowe in favor of M&T Bank in the amount of $151,193.89 entered June 27, 2007 to No. 2007-3894. (Arising from mortgage foreclosure complaint with respect to the mortgage identified as item 20, above.) 22. Judgment against Susan Good and Mike Rowe in the amount of $4,922.40 in favor of Negley's Well Drilling, Inc. entered March 12, 2007 to No. 2007-1346. 23. All building setback lines, easements, notes, conditions and all matters appearing on the Plan of Albert F. Kost, Jr. recorded in Plan Book 37, Page 112. 24. Subject to the rights granted Columbia Transmission Communications Corporation in Misc. Book 679, Page 1759. 25. Subject to the rights granted Socony-Vacuum Oil Company in Misc. Book 85, Pages 6 and 7. 26. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Kost Road. 27. Subject to the legal operation and effect of the Premises being in Clean and Green or a preferential tax assessment as noted in Deed Book 274, Page 4148. 28. Subject to the spousal rights, if any, of any spouse of Michael E. Rowe and Susan M. Good. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: 1/1 Keith O. Brenneman -3- REAL ESTATE SALE NO. 62 Writ No. 2007-3894 Civil M&T Bank VS. Susan M. Good and Michael E. Rowe Atty.: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, Com- monwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in or near the center line of Kost Road (T-571), thence South fifty-four (54) degrees zero (00) minutes West, a distance of four hundred two and seventy-one hundredths (402.71) feet to a point at lands now or formerly of Albert F. Kost III; thence along the same the following courses and distances: 1) North thirty-four (34) degrees zero (00) minutes West a distance of two hundred eighteen (218) feet to a point 2) South fifty-four (54) degrees zero (00) minutes West a distance of two hundred (200) feet to a point 3) North thirty-four (34) degrees zero (00) min- utes West a distance of eight hundred sixty-six and seventy hundredths (866.70) feet to a point on the south- ern line of Lot 2 on the hereinafter mentioned subdivision plan; thence North sixty-six (66) degrees fifteen (15) seconds East a distance of four hundred eighty-one and seventy- three hundredths (481.73) feet to a point at lands now or formerly of Stanley F. Baublitz; thence South twenty-one (21) degrees fifty-four (54) minutes East a distance of one hundred twenty-eight and eighty two hundredths (128.82) feet to a point; thence along the same North sixty- eight (68) degrees six (06) seconds East a distance of two hundred ten (210) feet to a point at lands now or formerly of Harry K. Baker; thence along the same South twenty-one (21) degrees fifty-four (54) seconds East a distance of two hundred (200) feet to a point at the Northwestern corner of Lot 3; thence along the Western line of Lots 3,4,5, and 6 on the hereinafter mentioned subdivision plan; thence South twenty-one (21) degrees fifty- four (54) minutes East a distance of three hundred ninety-six and sixty hundredths (396.60) to a point; thence North sixty-five (65) degrees thirty (30) minutes East a distance of one hundred twenty and twenty-one hundredths (120.21) feet to a point at lands now or formerly of Calvin R. Asper; thence South twenty-two (22) degrees zero (00) minutes East a distance of two hundred nine and thirty-five hundredths (209.35) feet to a point in or near the center line of Kost Road (T-571), the point and place of BEGINNING. BEING Lot No. 1 on a final sub- division plan for Albert K. Kost, Jr., as prepared by John C. Brillhart, Surveyor, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, March 26, 1960 in Plan Book 37 Page 112. CONTAINING a gross area of 12.599 Acres, a net area of 12.319 Acres. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: Lot I Kost Road, Carlisle, PA 17013. SOLD as the property of SUSAN M. GOOD and MICHAEL E. ROWE. TAX PARCEL #38-08-0569- 0021. EXHIBIT A The Patriot-News Co. 812 Market St. ?. 4arrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Z4( PNow you know CARLISLE PA 17013 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 swom according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11w News OW N& M 11/07107 1Mtlt IW. SW48M CkS11M111111 9 WrT 1ll1111111111K . x I Vs o Iili?M ?.1>? X Aft i1°e"h k Sworn to a su cribed, ore me this 30 day of November, 2007 A.D. ?`. O? 146fary Public a '?B)9C?IHVG at a in a ear tie ce?erGme wof Bost Road cr-sm hm?- Souk 00bar ® - a 11114" disynx COMMONWEALTH OF PENNSYLVANIA w wed two adW",V-ere1rmdreNA NotamlSeal (412.71) W to a PAM at WA Ww a h mWy James L. Clans, rdotary Public of Mbar F. KW K- ttmoe AW &e saga me City Of Harrisburg, Dauphin County falioar m woms ad b dw-1) Nom mity- My Commission E)ires June 2, 2008 farar (34) dISMA X0 a No"is Wt a Member, Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : 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 26, November 2 and November 9, 2007 ss. Affiant further deposes that he is authorized to verify this statement by the Cumberland SWORN TO AND SUBSCRIBED before me this day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 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. 62 Coyne, E Writ No. 2007-3894 Civil i M&T Bank vs. Susan M. Good and Michael E. Rowe Atty.: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, Com- monwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in or near the center line of Kost Road (T-571), thence South fifty-four (54) degrees zero (00) minutes West, a distance of four hundred two and seventy-one hundredths (402.71) feet to a point at lands now or formerly of Albert F. Kost III; thence along the same the following courses and distances: 1) North thirty-four (34) degrees zero (00) minutes West a distance of two hundred eighteen (218) feet to a point