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Home My WebLink About07-4477GOLDBECK 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 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL Mortgagor and Real Owner 315 McAllister Church Road Carlisle, PA 17013 Defendant NOTICE Term o7" ~~ 77 CIVIL /~CT~i: 1~IO~rC;~AG~ ~iVi ~ F~LCL(~U~E 'TerM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO STN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, STN NOTIFICARIO, DECIDIR A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1FORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS 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. 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 maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers; or 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) 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 payoffthe mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,coldbecklaw com. Call Seth 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 54448FC. 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, S/B/M WITH FARMERS TRUST COMPANY, 1 Fountain Plaza, Buffalo, NY 14203. 2. The names and addresses of the Defendant is JOHN G. KELL, 315 McAllister Church Road, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On May 29, 1992 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to FARMERS TRUST COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1870, Page 126. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from 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 "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 28, 2007 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................................................................................... $33,929.92 Interest from 01/28/2007 through 07/31/2007 at 8.1140% ..................... ..$1,394.90 Per Diem interest rate at $7.54 Reasonable Attorney's Fee ............................................................... ..$2,000.00 Late Charges from 02/28/2007 to 07/31/2007 ........................................ .....$187.61 Monthly late charge amount at $31.27 Costs of suit and Title Search ................................................................. .....$900.00 Corporate Advance ................................................................................. .....$100.00 Escrow ..................................................................................................... -$1,248.15 Monthly Escrow amount $202.92 $37,264.28 7. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiffhas no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $37,264.28, together with interest at the rate of $7.54, 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 Sheriffls Sale of the Property. By: GOL BE K McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF • i ,.1 VERIFICATION I, Christopher M. Zeis, 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 unsworn falsification to authorities. Date: ~~ y ~'~, ate' Christopher M. Assistant Vice Presi ent #0009787656 -JOHN G. KELL ~Fii6itA ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly. bounded and described as follows: BEGINNING at a stone in tha middle of a public road; thence along the riddle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now ar formerly'of Lewis Brymesser end Thomas Derr, North 69 degrees East 68.1 perches toes stone; thence by lands now or formerly of Wilbur Royer, South 15 3/4 degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H, Weaver's heirs and Thomas Gleim, South 73 1/4 degrees West 73.7 perches to a stone, the place of Beginning. Containing 7 acres and 88~perches, more or less. Having thereon eteb':t•ed;`a ;swot:sEat~YiframeM-bnd~~r~ot~dwell~dg hodse~;keown es and numbered 315 McCollister Church Road, stable and other improvements. BETNG9the same premises which Nelson L. Maus, Jr. and Ruth M. Maus, husband artd wife, by their deed dated February 14, 1953, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "F Volume 15, page 199, granted and conveyed unto Arthur E. Ward and Rose M. Ward, husband and wife. The said Arthur E. Ward died on the iQth day of Se tember 1978, whereupon fee simpl-e title vested in the sal ose War-T6y survivorship. ~Fii6it B " M&T Bank •-..-~ P.O. Box 840 Buffalo, NY 14240-0840 05/14/2007 John G Kell 315 Mcallister Church Rd Carlisle, PA 17015 t•lOMEOWNERS NAIAE (S) : John G Kel 1 PROPERTY ADDRESS: 318 Mcallister Church Rd Carlisle, pA 17015 LOAN ACCT N0: 0008787658 CURRENT LENDER/SERVICER: Mt&T BatUc ~ M&TBank Certified No.: 71826389306010155012 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT's YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER• ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE, -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-fae"meering with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU 1VIL1. T BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT CO 1NSFi.ING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numberc of designated consumer credit counseline agencies for the county in which the txoaerty ~s located are set forth at the end of this Noti . It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. 1 800 724 1633 Payment Processing - P.O. Box 62182, BaRlmore, MID 21264-2182 Mortgage account intormation,lust aclick away. www.mtb.oom APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default,) If you have triad and are emable to resolve this problem with the lender, you have the right to apply for financial assistance from the I-Iomeowner'sEtnergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Flomeowner'sEmergency Assistance Ptngram Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU U T FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGE ACTIO -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankivptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YO R M GE DEFAULT Brin i u to date . NATURE OF THE DEFA II_.'r --The MORTGAGE debt held by the above lender on your property located at: 3t5 Mcailtster Church Rd t.arltsle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular payments of SB26.64 for the a-orrtha of 02/28/2007 through today's date: = 1878.82 Other ohar~es: Accrued Late Chargos: S 40.80 Accrued Other Charges S 8.00 TOTAL AtllOIJNT PAST DUE : = 1828.12 HOW TO CURE THE DEFA LT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S 1926.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made uavable and sent to: ~-~ M&T Bank One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY 14203 You can cure any other default by takin¢ the followin¢ action within THIRTY 1301 DAYS of rhr ~~~~ ~f this letter F YO DO NOT RE THE DEFA LT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entim outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 1 1300 724 1633 Payment Processing - p.0. Box Ei2182, Baltimore, MD 21264-2182 Mortgage account lnlwmatlon, just a click away. www.mtb.com IF TN~T+' MORTGAGE IS FORECL ED UPON -• The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the [ender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney'sfees actually incurred by the lender even if they exceed $50.00. Any attorney'sfees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mrn•tgage. RIGHT TO CURE THE DEFAULT PRIOR TO HERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hoar before the Shea•iff's3ale. You may do so by paying the toml amount then past due, plus any late or other charges then due, reasonable attorney'sfees and ousts connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any othea• requirements under the mortgage. Curing your default in -he wanner set forth in this notice wAl restore your inortgage to the saute position as if you had never defaulted. EABLI&ST POSSIBLE SHERIFF'S ALE DATE -- It is estimated that the earliest date that such a SherifF sSale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the SheriffsSale will be sent to you before the sate. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. NOW TO CONTACT THE L NDER: Narne of Lender: M&T Bank Address: P.O. Box 840 Buffalo, NY 14240 Phone Number: (800) 724-1633 EF T F HERIP'F'S ALE -- You should realize that a SheriffsSale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shetiff'sSale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. A;~UMPTION OF MORTGA E -- You _ may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY A - O HAVIr THE RI TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIItD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IP YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURB YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TH); LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sinccrcly, ~ ..w, ,~' `~,. Russell M. Alessi .Ir. Collections Manager Enc: Act 91 Notice Consumer Credit Counseling Agencies Serving Your County 800 724 1633 Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, Just a ctkk away. www.mtb.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exolai_ how the nrotrram works LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AhECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING Ii INANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 1 1300 724 1633 Payment Processing • p.0.8ox 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a dick away, www.mtb.com This Notice contains important legal in#ormation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association tnay be able to help you find a lawyer. Homeowner s Ennergency Assistance Program Cumberland County Acorn Honaln~ 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams Coant~ Interfdth Honeias Anthorlty 40 E High Street Gctlysburg, PA 17325 717.334.1518 CCCg of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 CommmN~ Actloa Commteeloa o! CaptEal Reston 1514 Derry Strcct Harrisburg, PA 17104 717.232.9757 LoveeLlp~ IAC. 2320 North 5th Slreci Harrisburg, PA 17110 717.232.2207 Masanatha 43 Philadelphia Avesta: Waynesboro, PA 17266 711.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 .~ t ~ s n ~ ~ # ~ i r ~ a I ~ ~~ ~ a ~~ ~ ~ ~ ~ ~ ~ ': i ~ o ~ ~ j gg °~ •' j Q+ ,Y ~` ~ a ~~~~ ~ ~ ~~~g ~ ~~~~ o ~ ,, ~ n, ~.. ~- W W a o- O ~--- k~+ ~ s V ~~ ~ b $ O ~ ' {~' $ ~. O d 3 ~ u' I N b - _ --- -~ -- - --~ _~ .,. _ - , _ r ~ ~! •,, * rw~is,~,zas* . rw.ispu o %`p' ~ov.Lwrnun ln~sACV,a~m6o~ n* o w ~° !' N ai ~ . 1 ~p = t~' i ~ _~ o .{ ~ ~ ~ p p ~ d ~ ~' ~. ,~._ ~ ~ ~ j ~ to 'r, .r.y t:7 ~ ~ D ..,~ ~ ~ ~ -.E J ~' ~ _ ~ ~... A d SHERIFF'S RETURN - REGULAR CASE N0: 2007-04477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK ET AL VS KELL JOHN G KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KELL JOHN G was served upon the DEFENDANT at 1812:00 HOURS, on the 31st day of July 2007 at 315 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 T/1T TTT T1TT T by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 Y ~ r ~~Q~~ t_.~.,. 3~8 0 Sworn and Subscibed to before me this day of , So Answers: I• ~~E R. Thomas Kline 08/01/2007 GOLDBECK MCCAFFERT MCKEEVER By: De t Sh r'ff A.D. R ~" In the Court of Common Pleas of Cumberland County M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) PRAECIP'E FOR JUDGMENT No. 07-4477 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 JOHN G. KELL by default for want of an Answer. Assess damages as follows: Debt Interest from 9/11/2007 to Date of Sale Total $38,049.34 (Assessment of Damages attached) 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 mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and 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 J eph A. Goldbeck, Jr. Attorney for Plaintiff I.D. #16132 AND NOW ~ / ~ tl' ,Judgment is entered in favor of M&T BANK, SB/M WITH FARME S TRUST COMPANY and against JOHN G. KELL by default for want of an Answer and damages assessed in the sum of $38,049.34 as per the above certification. S r onotary ~ i ~ ~ 54448FC 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: JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plana Buffalo, NY 14203 Plaintiff' vs. JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) TO: JOifIN G. KELL 315 McAllister Church Road Carlisle, PA 17013 DATE OF THIS NOTICE: August 21, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 07-4477 iI~P~RTANT N[)Tir'F 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 M'ORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ff YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 -~ 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, JOHN G. KELL, is about unknown years of age, that Defendant's last known residence is 315 McAllister Church Road, Carlisle, PA 17013, 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 Amendments. Date: '1 I~~I ~1 `~ ,{ i ~ ' .` 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, SIB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. CIVIL ACTION LAW JOHN G. KELL (Mortgagor(s) and Record owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK, SB/M WITH FARMERS TRUST COMPANY, and against JOHN G. KELL 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 $38,049.34. IN THE COURT OF COMMON PLEAS of Cumberland County ACTION OF MORTGAGE FORECLOSURE No. 07-4477 os h A. Goldbeck, Jr. rney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T BANK, SB/M WTTH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 and that the name(s) and last known address(es) of the Defendant(s) is/are JOHN G. KELL, 315 McAllister Church Road Carlisle, PA 17013; DBEC Mc AFFERTY & McKEEV BY: Joseph A. Goldbeck, Jr. Attorney for Plaintiff 4 7 ,' ~ • ASSESSMENT OF DAMAGES . TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $33,929.92 Interest from 01!281200? through $1,711.58 09/10/2007 Reasonable Attorney's Fee $2,000.00 Late Charges $250.15 Costs of Suit and Title Search $900.00 Corporate Advance $100.00 Escrow -$842.31 $38,049.34 GO DBEC McCAFFERTY & McKEEVER . Joseph A. Goldbeck, Jr. Attorney for Plaintiff AND NOW, this - +~~` day of ~"`•1'" • 2007 damages are assessed as above. ~• r Prothy ~ M q 1 ~1,~~t ~R ~~ $ V ~ M P ~. p+F ;: i+~ MMiillww ~ ~` ~.. ..-~ ~+ Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL (Mortgagors and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) No. 07-4477 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 FUR THE PURPOSE OF COLLECTING TAE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: ~ . D ~+` If you have any questions concerning the above, please contact: 7/~l/fl7 Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 1910b 215-627-1322 ~ - ~ PRAECII'E 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&T BANK, S/B/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 07-4477 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $38,049.34 Interest from 9!11!2007 to Date of Sale at $7.54 (Costs to be added) BECK McC ERTY & McKEE BY: Joseph A. Goldbeck, Jr. Attorney for Plaintiff ', `1 ,~ o~ .mil O ~ Y i ~b~o~' N ~~ ~~ ..,y " rr .d w'Y ~ ~ N ~QqR O~ ~ n K N .ti ti ~ ~ C1 ~ via ~~ oa n ~ ~ '~ n o ~., ~.~~p'o'~ " "'~ ~r, Ki -''~ C p " ~ n o K ~ o `t=+ W ~~' ~~ ~ r ~' ~ -~ ~ .. `'~ ~ Q 'Z ~G V N g' _ - _ F~ ~ ~ ~. 4 ~i i it ~. ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or formerly of Lewis Brymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 3/ degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H. Weaver's heirs and Thomas Gleim, South 73 '/ degrees West 73.7 perches to a stone, the place of Beginning. Containing 7 acres and 88 perches, more or less. Having thereon erected a two story frame and brick dwelling houses known as and numbered 315 McCallister Church Road, stable and other improvements. TAX PARCEL #: 46-07-0475-042 PROPERTY ADDRESS: 315 McAllister Church Road, Carlisle, PA 17013 l / 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, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 vs. Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-4477 AFFIDAVIT PURSUANT TO RULE 3129 JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 M&T BANK, SB/M WITH FARMERS TRUST COMPANY, 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: 315 McAllister Church Road Cazlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JOHN G. KELL 315 McAllister Church Road Cazlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JOHN G. KELL 315 McAllister Church Road Cazlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: M&T MORTGAGE CO. P.O. Box 840 Buffalo, NY 14240 LVNV FUNDING LLC AWAITING ADDRESS 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 maybe 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 maybe affected by the sale. TENANTS/OCCUPANTS 315 McAllister Church 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: September 10, 2007 BECK cCAFFER & McKEEVER B :Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ~1 ~~ ~~,Y ~~ ~ .. ~ ,~ 07-4477 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK, S/B/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, FA 17013 Defendants Term No. 07-4477 THIS LAW FIItM 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: KELI., JOHN G. JANN 6. KELL 315 McAllister Church Road Carlisle, PA-17013 Your house at 315 McAllister Church Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enfc-rce the court judgment of $38,049.34 ohtained by M&T BANK, SB/M WITH FARMERS TRUST COMPANY 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, SB/M WITH FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 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. V 07-4477 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 STII,L 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 maybe 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 maybe 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 w 07-4477 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 maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 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) 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 homeretentionCa,goldbecklaw.com. Ca113udy 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 54448FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ~. ~ 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, SB/M WITH FARMERS: TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE N0.07-4477 CERTIFICATION AS TO THE SALE OF REAL PRO)P'ERTY 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. Jo eph A. oldbeck, Jr. orney for plaintiff } ~-- ... .~{`y~; .~..- L.J ..p ,~ ~ QCs ,~" ...~ ca WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4477 Civil CML ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, SB/M WITH FARMERS TRUST COMPANY, Plaintiff (s) From JOHN G. KELL (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 $38,049.34 Interest from 9/11/07 to Date of Sale at $7.54 Atty's Comm Atty Paid $151.80 Plaintiff Paid Date: 9/11/07 (Seal) L.L. $.50 Due Prothy $2,00 Other Costs $3,376.50 R. Long, Prothono sy: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 ' ~ GOLDBECK McCAFFERTY & 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, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-4477 PRAECIPE TO CORRECT SCRIVENER'S ERROR Kindly correct the action to reflect the correct scrivener information. The incorrect Mortgage Book was referenced in paragraph #3 of the complaint. Please correct to reference Book 1070. Respectfully submitted, GOLDBECK, McCAFFERTY &MCKEEVER ~ , Michael T. McKe ,);squire Attorney for P nti ~..~ ~..' r'wa ~ `} r."' _ car ~ ._~.~ f.~~ ff±"t r: _ ~ _ ~` -_ ~~ - ~ , ~ -'~ ,_ ~t ~~ ~ GOLDBECK McCAFFERTY & McKEEVER 54448FC BY: Joseph A. Goldbeck, Jr. CF: 07/30/2007 Attorney LD.#16132 SD: 03/05/2008 Suite 5000 -Mellon Independence Center 701 Market Street $38,049.34 Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-4477 315 McAllister Church 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: 'fir .boa,. ~ S • O. \1-~3-C~ Personal Service by the Sheriffs Office ( ) 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 Sheriff s 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. Respectfully submitted, ~ ~ B Joseph AS Goldbeck, Jr. Attorney for Plaintiff a~ °a~ ~~ u At m O oa N~ ~ r d ,r ~' ~Q~J {~N ~ p ~a 1 ~ ` ~c ~~~ '~ a `.. ~a3U~1n o o ~ o ~ ~ r r ,e 'r ~ ~ • v N ~. } > .~ - ~ ,ti a aa~ ~~ " ~s~a ~ a ~ 15. ~ ~ O J W V ~ R W m N ~ cry xm ~ ~ ~ U ~ U °o ^oo^ '~ m~~ w V~~ d •3 r :v~~ Z ~ a~~ ~ fl. m c~a°, ~' ~ U d g M o zrn' ~ W ~ j~ V '!S E ~i c4~ ~ (~ •- O~Z v ~= ~ ,%~ W ~ •- o N r~a ~ ~t~r ~ `~~~ U U m ~ O ~~ ~ ^^^0^ ~~~ ~3~ W~O~ ~ c W70rm ~~~. ~Q.m QNGt. UQ~.U dm~a F-c~~ a ~ }- w Q ~a '~ ~ d' a_ U"oY..IM ~ m'~ w ~ ®J~~~O ' ~ 2~ a d a a m 0 at C .~. a N ~O r- ti M i°s a 0 0 Q w 0 G1 .~ C 3 U U LUL J Y U' Z O r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 07-4477 M&T BANK, SB/M WITH FARMERS TRUST COMPANY, 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: 315 McAllister Church Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JOHN G. KELL 315 McAllister Church Road Cazlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: LVNV FUNDING LLC Apothaker & Assoc., P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ~ . DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 M&T MORTGAGE CO. P.O. Box 840 Buffalo, NY 14240 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 1.7105-2675 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 maybe 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 maybe 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 maybe affected by the sale. TENANTS/OCCUPANTS 315 McAllister Church Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 28, 2008 G DBECK IvIcCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff G t.... 7,~- ~. ~ ~j7.~; C~ p ~.> e . ~ z r {~ ~ ~ `sy ~ iV GD M&T Bank s/b/m with Farmers Trust Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania John G. Kell Writ No. 2007-4477 Civil Term Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 13, 2007 at 1500 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John G. Kell, by making known unto Kenneth Shultz, adult in charge for John G. Kell, at 315 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1230 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 John G. Kell located at 315 McAllister Church 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 defendant, to wit: John G. Kell by regular mail to his last known address of 315 McAllister Church Road, Carlisle, PA 17013. This letter was mailed under the date of January 8, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 678.60 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 274.25 Share of Bills 16.17 / y/ar~° p ~ $1451.12 -. So And%~~ R. Thomas Kline, Sheriff BY _ a Real state S geant a .~ ~ ~` eDz, ~.3G/s' ~, ~.a82oZ r Goldbeck McCafferty & IvlcKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #161$2 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-4477 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, S/B/M WITH FARMERS TRUST COMPANY, 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 infgrmation concerning the real property located at: 315 McAllister Church Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: M&T MORTGAGE CO. P.O. Box 840 Buffalo, NY 14240 LVNV FUNDING LLC AWAITING ADDRESS 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 maybe 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 maybe affected by the sale. TENANTS/OCCUPANTS 315 McAllister Church 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: September 10, 2007 BECK cCAFFER & McKEEVER B :Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff r~ 07-4477 GOLDBE~fCK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK, SB/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, PA 17013 Defendant( Term No. 07-4477 THIS LAW FHZiVI 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: KELL, JOHN G. JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 Your house at 315 McAllister Church Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $38,049.34 obtained by M&T BANK, S/B/M WITH FARMERS TRUST COMPANY 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, SB/M WITH FARMERS TRUST COMPANY, 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. 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE r 07-4477 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 fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You maybe 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-4477 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 maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 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.; o~v 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 homeretentionnn,~oldbecklaw 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 54448FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or formerly of Lewis Brymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 3/ degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H. Weaver's heirs and Thomas Gleim, South 73 '/ degrees West 73.7 perches to a stone, the place of Beginning. Containing 7 acres and 88 perches, more or less. Having thereon erected a two story frame and brick dwelling houses known as and numbered 315 McCallister Church Road, stable and other improvements. TAX PARCEL #: 46-07-0475-042 PROPERTY ADDRESS: 315 McAllister Church Road, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4477 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, SB/M WITH FARMERS TRUST COMPANY, Plaintiff (s) From JOHN G. KELL (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 $38,049.34 Interest from 9/11/07 to Date of Sale at $7.54 Atty's Comm Atty Paid $151.80 Plaintiff Paid Dste: 9/11/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs $3,376.50 C is R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 20 On October 3 1, 2007 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 315 McAllister Church Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Q Date: October 31, 2007 By: Real Estate Sergeant ~~ `; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~,~ ~--- Marie Coyne, editor SWQI~'TO AND SUBSCRIBED before me this ` 8 day of February, 2008 Notary NorARwL sEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commisslon Exp(res Apr 28, 20~p >~L mwn sit xo. ~o Writ No. 2007-4477 Civil MST Bank s/b/m with Farmers Trust Company vs. John G. Kell Atty.: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or formerly of Lewis Brymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 3/4 degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H. Weaver's heirs and Thomas Gleim, South 73 1/4 degrees West 73.7 perches to a stone, the place of Beginning. Containing 7 acres and 88 perches, more or less. Having thereon erected a two story frame and brick dwelling houses known as and numbered 315 McCal- lister Church Road, stable and other improvements. TAX PARCEL #: 46-07-0475- 042. PROPERTY ADDRESS: 315 McAl- lister Church Road, Carlisle, PA 17013. The' Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~l1e patriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06108 02113/08 Sworn to and~t5~ribed before me this 2~day~F~bruary, 2008 A.D. Notary Public COMMONWEALTH OF ~'F~~P~~~YL~1A!e(~A Notarial 4'^"*~_ StlOrrie L. Kisr,~- rVc,~ ~~ d'ublic «Hll~bl.lft~ ? "-^u'?hlll ~'i0linty ~MComrrNaur^ . ;~,_ , ,..uv. 26, 2011 M~mbsr, P~nn~ylvonem ~~„v4cjsrjon Qf Not®rl~e REAL ESTATE SALE N0.20 Writ No. 2007-4477 Civil Term M&T Bank s/b/m with Farmers Trust Company VS John G. Kell Attorney Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more pattistilazlp_, bounded and described as follows: BEGINNING at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or formerly of Lewis Brymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 3/4 degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H. Weaver's heirs and Thomas Gleitn, South 73 1/4 degrees West 73.7 perches ro a stone, the place of Beginning. Containing 7 acres and 88 perches, more or less. Having thereon erected a two story frame and brick dwelling houses Down as and numbered 315 McAllister Church Road, stable and other improvements. TAX PARCEL #: 46-07-0475-042 PROPERTY ADDRESS: 315 McAllister Church Road, Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 for Plaintiff M&T BANK, S/B/M WITH FARMERS TRUST COMPANY 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-4477 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY:. Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. ~'~ MICH L T. McKEEVER, ESQUIRE ~ ~ o0 ~' 8 ~ ~ ~~ O v n, t ~ is T, o (_' c.s, --c