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HomeMy WebLinkAbout03-5598GOLDBECK 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 SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. BROADUS C. ALLEN Mortgagor(s) and Real Owner(s) 145 S. West Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. O3 CIVIL ACTION: fvlOFTrGAG THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish ~o defend against the claims set forth in the following pages, you mint take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by at. lam y and filing in writing with the court your defenses or objections to the claims set forth against yotc You are waraed that if you fail to do so the case raay proceed without you and a judgment may be entered against you by the Court without fusther notice for any money claim in the Complaint of for any other claim COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, PO Box 840, Buffalo, NY 14240-0840. The name(s) and address(es) of the Defendant(s) is/are BROADUS C. ALLEN, PO Box 775, New Kingstown, PA 17072, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On November 30, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to KEYSTONE FINANCIAL BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1585 Page: 517. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due April 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 03/01/2003 through 10/31/2003 at 9.7500% Per Diem interest rate at $19.37 Attorney's Fee at 5.0% of Principal Balance Late Charges from 04/01/2003 to 10/31/2003 Monthly late charge amount at $38.61 Costs of suit and Title Search Escrow Debit Corporate Advance Monthly Escrow amount $135.53 $72,520.80 $4,745.65 $3,626.04 $270.26 $900.00 $82,062.75 + $583.80 +$200.00 $82,846.55 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 tree and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $82,846.55, together with interest at the rate of $19.37, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. ~EEyPHFoAipGLOALii~D~FCFK, JR., ESQUIRE VERIFICATION I, Debra J. Bifaro, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf&the Plaintiffcorpomtion and the facts set forth in the foregoing Complaint are tree 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 unswom falsification to authorities. Date: M&T MORTGAGE COMPANY SHERIFF'S RETURN - CASE NO: 2003-05598 P COMMONWEALTH OF PENNSYLV~AqIA: COUNTY OF CUMBERLAND M & T BANK VS ALLEN BROADUS C REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ALLEN BROADUS C DEFENDANT , at 2030:00 HOURS, on at 537 N HA_NOVER ST #10 CARLISLE, PA 17013 BROADUS C ALLEN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 29th day of October , by handing to together with MORT FORE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of ~ ~ A.D. /l~rothonot ary R. Thomas Kline 10/30/2003 GOLDBECK MCCAFFERTY MCKEEVER Deputy Sheriff GOLDBECK McCAFFERTY & McKEEVER BY: Jbseph A. Goldbeck, Jr. Attorney I.D. # 16132 Su/le 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney ibr Plaintiff M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. BROADUS C. ALLEN (Mortgagor(s) and Record owner(s)) 145 S. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-5598 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, and against BROADUS C. ALLEN 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 $83,834.04. Joseph k, Jr t I hereby certify that the above names are correc an hat e t)~ecise esidence address of the judgment creditor is M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last known address(es) of the Defendant(s) is/are BROADUS C. ALLEN, 537 N. Hanover Street #110 Carlisle, PA 17013;~/~,~ BY: Joseph ~. G~ldbeck, Jr. Attomey (or l~ai~ff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 03/01/2003 through 12/03/2003 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit Corporate Advance AND NOW, this ~ day of ~ - $72,520.80 $5,384.86 $3,626.04 $347.48 $900.00 $521.86 $200.00 $83,834.04 ~OLDBE Y & McKEEVER BY: Joseph ~p ~,l/r. Attorney for ~n~__ff~ / ,2003 damages are assessed as above. Pro Prothy 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, BROADUS C. ALLEN, is about unknown years of age, that Defendant's last known residence is 537 N. Hanover Street #110, 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: ~~ In the Court of Common Pleas of Cumberland County M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Bu~'falo, NY 14240-0840 VS. BROADUS C. ALLEN (Mortgagor(s) and Record Owner(s)) 145 S. West Street Carlisle, PA 17013 Plaintiff Defendant(s) No. 03-5598 PRAECIPE FOR JUDGMENT 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 Plaintiffand against BROADUS C. ALLEN by default for want of an Answer. Assess damages as follows: $83,834.04 Debt Interest- 03/01/2003 to 12/03/2003 Total (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 defanlt occurred~ filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ~ Joseph ~ Attorney] I.D. #161 ys prior to the date of the AND NOW ~,, ,. ~ .~ZX:r-~ , J~dg~nent is entered in favor of M&T BANK SUCCESSOR BY MERGER WITH KEYST~)NE FINANCIAL BANK and against BROADUS C. ALLEN by default for want of an Ax~swer and damages assessed in the sum of $83,834.04 as per the above certification. Prothonotary 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 TillS NOTICE: November 19, 2003 TO: BROADUS C. ALLEN 537 N. Hanover Street #10 Carlisle, PA 17013 M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. BROADUS C. ALLEN (Mortgagor(s) and Record Owner(s)) 145 S. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-5598 TO: BROADUS C. ALLEN 537 N. Hanover Street #10 Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liben'y Avenue Carlisle, PA 17013 Attorney for Plain~ff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215~;27-1322 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: November 19, 2003 TO: BROADUS C. ALLEN 145 S. West Smeet Carlisle, PA 17013 M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 142,40-0840 Plaintiff VS. BROADUS C. ALLEN (Mortgagor(s) and Record Owner(s)) 1,45 S. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terftl No. 03-5598 TO: BROADUS C. ALLEN 145 S. West Sffeet Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT W/THIN 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 NOTICE TO A LAWYER AT ONCE. I~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberly Avenue Carlisle, PA 17013 Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 2154i27~I322 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: November 19, 2003 TO: BROADUS C. ALLEN PO Box 775 New Kingstown, PA 17072 M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 VS. BROADUS C. ALLEN (Mortgagor(s) and Record Owner(s)) 145 S. West Street Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terli1 No. 03-5598 Defendant(s) TO: BROADUS C. ALLEN PO Box 775 New Kingstown, PA 17072 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITfEN 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243 a)400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libeay Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Cemec 701 Market Street Philadelphia, PA 19106 215-627-1322 Rule.~f Civil Procedure No. 236 Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff No. 03-5598 VS. BROADUS C. ALLEN (Mortgagors and Record Owner(s)) 145 S. West Street Carlisle, PA 17013 Defendant(s) 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 Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. 'Attorney 1.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. BROADUS C. ALLEN Mortgagor(s) and Record Owner(s) 145 S. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-5598 PRAECIPE FOR VOtlT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/01/2003 to 12/03/2003 at 9.7500% (Costs to be added) $83,834.04 GOLDB2! BY: Joseph Attorney for Y & McKEEVER WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-5598 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T Bank Successor by merger with Keystone Financial Bank, P O Box 840, Buffalo NY 14240-0840 Plaintiff (s) From Broadus C. Allen, 145 S. West Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description. (2) You are also directed to a~tach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due83,834.04 L.L.$.50 Interest from 3/1/2003 to 12/03/2003 at 9.7500% Atty's Corem % Atty Paid $113.45 Plaintiff Paid Date: December 8, 2003 (Seal) REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: P O Box 840 Buffalo NY 14240-0840 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: ~_.-.~ /~- ,~, Deputy Goldbeck McCa£ferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suit~ 500 - The Bourse Bldg. 1 ! i S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. BROADUS C. ALLEN (Mortgagor(s) and Record Owner(s)) 145 S. West Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-5598 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL 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: 145 S. West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): BROADUS C. ALLEN 537 N. Hanover Street #110 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: BROADUS C. ALLEN 537 N. Hanover Street #110 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: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enfomement 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 bo 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 145 S. West Street Carlisle, PA 17013 (attach separate sheet if more space is needed) 1 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 unswom falsification to authorities. DATED: December 3, 2003 GOLDBECK ~;F[[R7 Y & McKEEVER BY: Joseph i. Go~?eck~ J~., Esq. Attorney for Pla'n~i_~f [ 03-5598 GOLDBECK McCAFFERTY & McKEEVER · BY: Joseph A, Goldbeck, Jr. Attorney I.D.g16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. BROADUS C, ALLEN Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 145 S. West Street Carlisle, PA 17013 Ternl No. 03-5598 Defendant(s) 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: ALLEN, BROADUS C, BROADUS C. ALLEN 537 N. Hanover Street #110 Carlisle, PA 17013 Your house at 145 S. West Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $83,834.04 obtained by M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL 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 SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay call: 215-627-1322 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. 03-5598 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 }lAVE OTHER RIGHTS EVEN IF TItE S}IERIFF'S SALE DOES NOT TAKE PLACE. 1. ffthe 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 thirty (30) days from the date of the Sheriff's 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Jospeh A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 500 The Bourse Bldg. 1 ! 1 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS, BROADUS C. ALLEN Mortgagor(s) and Record Owner(s) 145 S. West Street Carlisle, PA 17013 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 03-5598 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 Plaintiffhas complied with all the provisions of the Act. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 145 S. ~qest Street Carlisle, PA 17013 SOLD as the property of BROADUS C. ALLEN TAX PARCEL #04-21-0320-254 COMMONWEALTH OF PENNSYLVANIA '1 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 M&T Bank is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 8th day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5598, at the suit of M&T Bank sbm Keystone Fin Bank against Broadus C Allen is duly recorded in Sheriff's Deed Book No. 264, Page 1603. 1N TESTIMONY WHEREOF, I have hereunto set my hand and ~al of said office this c~ ~--~- day of /~ ~/ ~~ Recorder of Deeds M & T Bank, successor by merger with Keystone Financial Bank VS Broadus C. Alien In The Court of Common Pleas of Cumberland County, Pennsylv~.nia Writ No. 2003-5598 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to Imv, states that on February 13, 2004 at 8:05 o'clock PM, 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: Broadus C. Allen, by making known unto Allen C. Broadu& personally, at 537 North Hanover St., #10, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 12:40 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofBroadus C. Allen located at 145 South West Street, Carlisle, Permsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, stales he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sher/ffmailed a notice of the pendency of the action to the within named defendant, to wit: Broadus C. Alien, by regular mail to his last known address of 537 North Hanover St., #10, Carlisle, PA 17013. This letter was mailed under the date of April 06, 2004 and returned to the Sheriff's Office on April 7, 2004 unopened and marked "moved, left no forwarding address." 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for M&T Bank. It being the highest bid and best price received for the same, M&T Bank of PO Box 840, Buffalo, NY 14240~0840, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of S779.21. Sheriffs Costs: Docketing $30.00 Poundage 15.28 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 265.40 Patriot News 261.37 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 779.21 Sworn and subscribed to before me So AnsweJ:s: This ~gad_ day of/"a2~.ad- ~u~'~ ,~-~ ~'<5~.~r~:.~ R. Thomas Kline, Sheriff A.D._ , ~ ~, 2004, ~ot~ ~BY~ Real Estate ~uty ~ q&3 3~ Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. BROADUS C. ALLEN (Mortgagor(s) and Record Owner(s)) 145 S. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-5598 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL 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 mai propea~ty located at: 145 S. West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): BROADUS C. ALLEN 537 N. Hanover Street #110 Carlisle, PA 17013 · 2. Name and address of Defendant(s) in the judgment: BROADUS C. ALLEN 537 N. Hanover Street #110 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: DOMESTIC RELATIONS OF CUMBERLAND COLrNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enfi>rcement 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 xvho has any re~ord 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 145 S. West Street 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: December 3~ 2003 GOLDBECKX~[ R~I Y'& McKEEVER BY: Joseph A. Go~ 13~clc, Jt., Esq. Attorney for Pla'n~i£f 03-5598 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 SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. BROADUS C. ALLEN Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 145 S. West Street Carlisle, PA 17013 No. 03-5598 Defendant(s) 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: ALLEN, BROADUS C. BROADUS C. ALLEN 537 N. Hanover Street #110 Carlisle, PA 17013 Your house at 145 S. West Street, Carlisle, PA 17013 is scheduled to be sold at SherifFs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $83,834.04 obtained by M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 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. 03-5598 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 OTHF,R 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 Sheriffof 71%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 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 y>u 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-5598 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T Bank Successor by merger with Keystone Financial Bank, P O Box 840, Buffalo NY 14240-0840 Plaintiff(s) From Broadus C. Allen, 145 S. West Street, Carlisle, PA 17013 (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 e~joined from paying any debt to or for the account of the defendant (s) and from delivering any property oflhe defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the po:;session 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. Amom~t Due83,834.04 L.L.$.50 Interest from 3/1/2003 to 12/03/2003 at 9.7500% Atty's Con:an % Arty Paid $113.45 Plaintiff Paid Date: December 8, 2003 (Seal) REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: P O Box 840 Buffalo NY 14240-0840 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy Real Estate Sale # 04 On February 12, 2004 the sheriff levied upon the defendant's interest in the real property situated in The Carlisle Borough, Cumberland County, PA Known and numbered as 145 South West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2004 By.~Jt Real Estat~ Deputy 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 : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, oft.he 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 ail 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: APRIL 16, 23, 30, 2004 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 a£omsaid 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. 4 Writ No. 2003-5598 Civll M&T Bank, successor by merger with Keystone FlnanciaJ Bank VS, Broadus C. Al/eh Atty.: Joseph Goldbeck EXI4IBIT "A' LEGAL DESCRIPTION 145 South West Street Car]isle PA 17013 ALL THAT CERTAIN lot of ground situated on the East Side of South West Street. in the Borough of Car- lisle, Cumberland County, pennsyl- vania, and having erected thereon a two-story frame-house and other outbuildings, bounded and de- scribed as follows: ON the North by lot now or form- erly of Harvey McCommon. et ux; on the East by a ten foot Alley; on the South by lot now or formerly of Paul Shughart; and on the West by South West Street. containing a arie CoynetEditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~'I~A¥~A L SEA L ~ LOGS E, SNYDER, Notary Public Ca~lisle Boro, Cumberland County My Commission Expires March 5, 2005 Carlisle PA 17013 ALL T~T CERTAIN lot of ground situated on the East Side of South West Street, in the Borough of Car- lisle, Cumberland County, Pennsyl- vania, and having erected thereon a two-story frame-house and other outbuildings, bounded and scribed as follows: ON the North by lot now or form- erly of Harvey McCommon, et ux; on the East by a ten foot Alley; on the South by lot now or formerly of Paul Shughart: and on the West by South West Street, containing a frontage on South West Street of 20 feet and extending a~a~ equal"w/dth a depth of 30 feet, then extending southward 3 feet, then extending at a width of 23 feet, a distance of 80 feet, making the total depth of the lot 110 feet, to the aforesaid Alley. HAVING erected thereon a frame dwelling known and numbered as 145 South West Street, Carlisle, Pennsylvania. BEING the same premises which Thelma P, Day, widow, by her deed dated December 29, 1997 and re- corded December 30, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book 170, page 50. granted and conveyed unto Harold E. Day. AND BEING the same premises which Ha]cold E. Day, by deed dated and recorded even date herewith, granted and conveyed unto Broadus C. Allen. Mortgagor herein, LOIS E. SN Carlisle Bor( My Commissic THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 D~up~qin in Miscellaneous Book "M", PURLICATION ............................................................................ COPY Sworn to and subscribed I~fo m '. 28th day of ay_2pe'Z~A.D. S A L E #4 NOTARIAL SteAL Terry L Russell, Notary Pubic CJW of Harrisburg, D,3uphin Count NOTARY PUBLIC My Commission Expires June 6, 2006 Member, PenntylvanlaAste¢lalionefNolmiesWly commission expires uune ~, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 261,37 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.