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Home My WebLink About03-5600 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701~RKETSTREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS M&T BANK SUCCESSOR BY MERGER WITH ALLFlRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. SCOTT A. MEHRING Mortgagor(s) and Real Owner(s) Term C' 'L No.03 -SI.60 tUL I€/U>"\ 1433 Simpson Ferry Road New Cumberland, P A 17070 Defendant(s} CIVil iIC""U' N 1'"\ II ,,' AORECLOSUA~~OATGAGe TillS 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 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 orby 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 ajudgment may be entered against you by the Court without further notice for any money claim in the Complaint of fOf any other claim orreJiefrequested by the Plaintiff. You may lose money or property or other rights imponant 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. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IllRING A LAWYER. IF YOU CANNOT AFFORD TO lITRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A.YJ..S..Q LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPQNDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTEn Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDlR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTEn POEDA PERDER DINERO, PROPlEDAD U OTROS DERECHOS IMPORT ANTES. USTED DEBE LLEV AR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TEL:EFONO 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 INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGmLE AQ UN HONORARlO REDUCIDO 0 GRATIS. LEGAL SERVICES lNC 8 Irvine Row Carlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, 1100 Wehrle Drive, 2nd Floor Williamsville, NY 14221. 2. The name(s) and address(es) ofthe Defendant(s) is/are SCOTT A. MEHRING, 1433 Simpson Ferry Road, New Cwnberland, PA 17070, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On December 15, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, which mortgage is recorded in the Office of the Recorder of Deeds ofCwnberland County as Book 1746 Page 4697. These docwnents 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 January 03,2003, 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 12/03/2002 through 10/31/2003 at 7.3900% Per Diem interest rate at $14.51 Attorney's Fee at 5.0% of Principal Balance Late Charges from 01/03/2003 to 10/31/2003 Monthly late charge amount at $43.72 Costs of suit and Title Search $71,666.56 $4,831.82 $3,583.33 $427.19 Miscellaneous fees $900.00 $81,408.90 +$170.00 $81,578.90 7. The Attorney's Fees set forth above are in conformity with the Mortgage docwnents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. 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 true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) haslhave 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 Conswner Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of$81 ,578.90, together with interest at the rate of $14.51, 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 ofthe mortgaged premises. GOLDBECK By: JOSEPH A. ATTORNEY FO ~ AF RTY & McKEEVER LDBECK, JR., ESQUIRE LAINTIFF By: VERIFICATION I , _Peri Sarac .. Fl ihan 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: 10- L 1-6/ Peri ar~c-Fl~ Assistant Vice President V"~u1~VVv UO.~4 r~ IgjUIU/OIU .' sCHEDULB "An Name: Mehring, Scott A. ALL THAT CERTAIN piece or parcel of land in the Borough of the New Cumberland, County of CUmberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned plan of lots; thence in a Northerly direction along the said dividing line 105 feet to Lot No. 15 on said plan; thence in a westerly direction along said Lot No. 15, 70 feet to the Easterly line of Barbara Street; thence in a southerly direction along the easterly line of Barbara street. 90 feet to a point; thence in a southeasterly direction along a curve to the left having a radius of 15 feet, a distance of 23.56 feet to the northerly line of Simpson Ferry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the place of BEGINNING. Being the same premises conveyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry Road New Cumberland, PA Assessment Number: 26-24-0809-105 .1!:j~nll:!:'lri'Ullrll"~III"I'l. 7J.bO 3'101 '181I& 1553 'Wo 7 A C]' 91 N aTI CE ~::I~I.]::I:J,.":'::(II']:'~ DAT:eml~flcE: September 16, 2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: September 16, 2003 Homeowners Name: SCOTT A. MEHRING Property Address: 1433 Simpson Ferry Road, New Cumberland, PA 17070 Loan Account No.: 92508380001 Original Lender: ALLFIRST BANK Current Lender/Servicer: M&T BANK HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), 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 PENNSYL VANIA 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,face" meeting with one ofthe designated 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 MUST 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 COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set 2 forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. 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 tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe 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 fact,to-face meeting. YOU MUST 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. AGENCY ACTION - 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 YQUARECURRENTL Y PROTECTED BY THE FILING OF A P~TITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION;PlJRPOSESONLY AND SHOULD NOT BE CONSIDERED As AN ATTEMPT TO COLLECT THE DEBT. '(IfYOd have filed bankmptcy you can still apply for' , Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1433 Simpson Ferry Road, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 01/0312003 thru 9/16/2003 (6 mos. at $874.58/month) $5,247.48 (b) Late charges from 01/03/2003 thru 9/1612003 $427.19 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,674.67 HOW TO CURE THE DEFAULT - 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 $5,674.67, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: M&TBANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IF YOU DO NOT CURE THE DEFAULT -lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri~hts to accelerate the mort~a~e debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull 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 mort~a~ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings 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's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also jnclude 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 mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'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 hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs 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 other requirements 4 under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date ofthis Notice. A notice ofthe actual date of the Sheriff's Sale will be sent to you before the sale. 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&TBANK Address: 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Phone Number: 716-630,4924 Fax Number: 716-630,4914 Contact Person: Alicia Oliver EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may 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 ALSO HAVE THE RIGHT: * 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 THlRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT 5 HAVE THIS RIGHT TO CURE YOUR DEF AUL T 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 THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, Contact Person: Alicia Oliver Phone Number: 716-630-4924 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYL VANIA INC. 2000 Linglestown Road Harrisburg, PAl 7 I 02 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N, 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234,9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243,3818 FAX (717)731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717)334-8326 iV~6Q.. it- Ii 0 frl ~ -- C>' ~ ~ -J -.:l-.c::.fL $ .. f"., , " c\ , , ." .~ 8 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05600 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS MEHRING SCOTT A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MEHRING SCOTT A the DEFENDANT , at 1035:00 HOURS, on the 31st day of October ,2003 at 1433 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 by handing to SCOTT A MEHRING a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.73 .00 10.00 .00 39.73 :r~~ R. Thomas Kline 11/03/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: ~'-'~,- /':7- ' y~ ,.,r(" ~y Sheri me this Nf!:' day of ~ ;)lhL'!. A.D. C ),"oLA-, ()~ ~ I~othonotary , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr, AttorneyI.D. #16132 Suite ,~O - The Bourse Bldg. III S, Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor WiIliamsviIle, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW SCOTT A MEHRING (Mortgagor(s) and Record owner(s)) 1433 Simpson Ferry Road New Cumberland, P A 17070 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No, 03-5600 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, and against SCOTT A. MEHRING 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 $82,246.74, I I hereby certify that the above names are correct and that th recise sidence address ofthe judgment creditor is M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK II 00 Wehrle Drive 2nd Floor Williamsville, NY 14221 and that the name(s) and last known address(es) of the Defendant(s) is/are SCOTT A. MEHRING, 1433 Simpson Ferry Road New Cumberland, P A 17070; FERTY & McKEEVER o jb ck, Jr. laint ff TO THE RROTHONOTARY: ASSESSMENT OF DAMAGES . Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/03/2002 through 12/10/2003 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Miscellaneous fees AND NOW, this / flh. day of ~ $71.666,56 $5.412,22 $3,583.33 $514.63 $900,00 $170.00 ($0,00) $82,246.74 (\~'>. GOLDBECK M~l{, \ BY: Joseph A, Gold '. c, Jr. Attorney for Plainti, , 2003 damages are assessed as above. ,C~~k~ 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-Mili tary 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, SCOTT A. MEHRING, is about unknown years of age, that Defendant's last known residence is 1433 Simpson Ferry Road, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise wi thin 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 B~K SUCCESSOR BY MERGER WITH ALLFIRST BANK I 100 Wehrle Drive 2nd Floor WilliamsviIle. NY 14221 Plaintiff vs. SCOTT A MEHRING (Mortgagor(s) and Record Owner(s)) 1433 Simpson Ferry Road New Cumberland, P A 17070 No, 03-5600 Defendant( s) 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 Plaintiff and against SCOTT A. MEHRING by default for want of an Answer, Assess damages as follows: $82,246,74 Debt Interest - 1210312002 to 12/10/2003 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 default occurred 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 rfti 1.0. #161 I AND NOW "0 ~ c II ,;J cY'""- ~ , Judgment is entered in favor of M&T BANK SUCCESSOR B~ERGER WITH ALLFIRST BANK and against SCOTT A, MEHRING b~defaU1t ~ want of an Answer and damages assessed in the sum of$82,246,74 as per the abo/1ertificatio~. ~ {~-k.J k. .o.y Prothonotary C THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO C01.LECT 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 21, 2003 TO: SCOTI A. MEHRING 1433 Simpson Ferry Road New Cumberland, PAl 7070 M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Plaintiff Action of Mortgage Foreclosure vs, SCOTT A. MEHRING (Mortgagor( s) and Record Owner( s)) 1433 Simpson Ferry Road New Cumberland, P A 17070 Term No, 03-5600 Defendant(s} TO: SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 IMPORT ANT NOTTrR 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 OBJECITONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIIE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS, YOU SHOUW TAKE TillS 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 bvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck. Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia,PA 19106 215-627,1322 Rule of 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 ALLFIRST BANK 1I 00 Wehrle Drive 2nd Floor WiIliamsviIle, NY 14221 Plaintiff No, 03,5600 vs, SCOTT A. MEHRING (Mortgagors and Record Owner(s)) 1433 Simpson Ferry Road New Cumberland, PAl 7070 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 prothono~ p '- By: ~(2...,.,~ ~/ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. III S, Independence Mall East Philadelphia, PA 19106 215-627-1322 t1( \ ~ o '- 8 1') ~) ~ ~f: ff: i (") c: c:> () 7..... C.) -;1 L~'--';. '_____"J rr", ': !T1 _....1 ;2~" (, -~ C:~- ..,:. ~;i~-' ~-:~ (:'-'" ,J->C ;no. -'::; (-. :In ~) S! '-Al ~t~ rV -< PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,R.C.P 3180-3183 Joseph A:Goldbeck, Jr, Attomey LD.#16132 Suite 500 - The Bourse Bldg, 111 S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attomey for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW SCOTT A. MEHRING Mortgagor(s) and Record Owner(s) 1433 Simpson Ferry Road New Cumberland, P A 17070 ACTION OF MORTGAGE FORECLOSURE No, 03-5600 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $82,246,74 Interest from 12/03/2002 to 12/10/2003 at 7.3900% (Costs to be added) GOLDBECK Me BY: Joseph A. GoldlJe Attorney for Plainti 7'0 ~ ~ tl- r t: e. +- hI ~ ~ p )l~ ..... ~ jl.J - ---.0 -4-1g. , :-- VJ~ \> CY r ..... t.v;q., ~ 1lJ~~~~ ~in6it,..:1\) wccowC) '_ I ., ~ ~ ~ ~ ~ - _I 1? - ~ ~ ::---:J-J- ~, 'f1"'""> o 0 W -n CJ '''1 C'') (") c ~ '"'TJIJ-:' 92J ~~\,~_:.'; ..... ~ ~r:- :::::::;. ~~,' - ::~ ~ -, .,~ ,- :~:; ".,-\ : ~-~ ;(") ;~ri"l 5:J -< f-< 0/> ~ ... "" ~ z ~ rJ) <t: 0 ... -< ... " 15 ~ f-< ~ . t; ~ ~ ...l ~ P ~ "Oll " "" ... ~ U~ ~:S!~'" ~ o "OF: ~i:::: z o ~ go ~ ::: (,1(:0;::::::0 0 ~ ..:J'"€ :g <l,,) C':l ........ ~ ~O~S: ~ Iii ~~:E~", ~ ~ "".$i (,) ..- ~ 'E q<t: " " "..:'" o~ O~ on- t'OO M ~ 0:: 8 (I.) p.,~ ""~ COQ~"7 00 ,... a: - ~ ~ 1)..g elf r- ~~ \l.l(\)~"'O c34Z e~ u ~ ::;:~"@ ~"" t:,.Q Q ....... N . ""0 0 \:i ~ .>, ~f-<Il).a"9 ,,'" "" <t: E u 1 g....e-", ,...00 ~~ ..: @ ~ " S""" CO " ,,- 0,... ~ f-<~ S I:.:~ 112 :Eg]~N Z~ 0 f-- 00..... o --(/'1 ~ 0'" o.~ ..::cl.rl";] p 0/> Ul:5(""")U ... 0 ~<t: ~.~ (/'1 po. 0/> ~~ ..., 0 ~ r.I1 ~~ ~ "'''- U U Oll_ " "" ",,0/>- EiJ U 1:: Z ... ~ - ::0 0 U 0/> 6. ~ ,... ~ CS ~ ~ ::;: ~V.i.VI V.i.1J " SCHEDULE "An Name: Mehring, Scott A. ALL THAT CERTAIN piece or parcel of land in the Borough of the New Cumberland, County of CUmberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at 6. point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned plan of lots; thence in a Northerly direction along the said dividing line 105 feet to Lot No. 15 on .said plan; thence in a westerly direction along said Lot No. 15, 70 feet to the Easterly line of Barbara Street; thence in a southerly direction along the easterly line of Barbara Street, 90 feet to a point; thence in a southeasterly direction along a curve to the left having a radius of 15 feet, a distance of 23.56 feet to the northerly line of Simpson Ferry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the place of BEGINNING. Being the same premises conveyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry Road New Cumberland, PA Assessment Number: 26-24-0809-105 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5600 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due M & T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, Plaintiff (s) From SCOTT A. MEHRING (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,246.74 Interest FROM 12/3/02 TO 12/10/03 AT 7.3900% L.L. $.50 Atty's Corum % Atty Paid $121.73 Plaintiff Paid Date: DECEMBER 11, 2003 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothono.?)Y n ~ '--- By: AA~fJ ---C '. ,. !~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I,D, #16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East PhIladelphia, PAl 9106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW SCOTT A. MEHRING (Mortgagor(s) and Record Owner(s)) 1433 Simpson Ferry Road New Cumberland, PAl 7070 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-5600 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH ALLFlRST BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr" Esquire, sets forth as of the date tbe praecipe for the writ of execution was filed the following information concerning the real property located at: 1433 Simpson Ferry Road New Cumberland, P A 17070 l.Name and address ofOwner(s) or Reputed Owner(s): SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, PAl 7070 2. Name and address ofDefendant(s) in the judgment: SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A ] 7070 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 Enforcement Health and Welfare Bldg, - Room 432 P,O. Box 2675 Harrisburg, PA ]7105,2675 4, Name and address of the last recorded holder of every mortgage of record: ALLFIRST BANK 25 S. CHARLES STREET BALTIMORE, MD 21201 , 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest m"<,, 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 1433 Simpson Ferry Road New Cumberland, P A 17070 (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. GOLDBEC BY: Joseph Attorney for DATED: December 10. 2003 fERTY & McKEEVER ck, Jr., Esq. (') C ;.?!" ""'tJh;; rnl' Z" :2i, ::D !;~ C .E", ;- ( ...--- ~._. ~': CJ (.;~) C:J '11 ;:J ::~ o -, , ~ -~.~ ,) rr, :-:> 1'0) '::1 -:,--", ':..;:1 ~< 03-5600 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jf. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. SCOTT A MEHRING Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 1433 Simpson Ferry Road New Cumberland. P A 17070 Term No. 03-5600 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: MEHRING. scorr A. SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 Your house at 1433 Simpson Ferry Road, New Cumberland, P A 17070 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$82,246,74 obtained by M&T BANK SUCCESSOR BY MERGER WITH ALLFlRST 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: L The sale will be cancelled if you pay to M&T BANK SUCCESSOR BY MERGER WITH ALLFlRST BANK, the back payments, late charges, costs and reasonable attorney's fees due, To fmd out how much you must pay call: 2 I 5-627,1322 03-5600 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. 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. I. 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 of717-240-6390. 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 of7I 7-240-6390, 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 you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, P A 170 I3 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (") Cl 0 C W -" ,- c:::) ~! "U (I. "., .. " rn " ;:-") ,-.- Z :'J ~3 -, r L_ (I) , -, -, r' ( r' ",. , -. ::.':::;: ., (c) ,- ""- Ii. >- .....) '--1 :...> ~-, , :.:U -< N -< M & T Bank VS Scott A. Mehring In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5600 Civil Term R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 12.49 15.00 15.00 23.56 15.00 20.00 232.85 242.14 29.26 .50 1.00 $ 636.80 paid by attorney 06/18/04 Sworn and subscribed to before me ,S~: -t:. '" This .11ft-'-'daYOf~ ~ ~- ( -) R. Thomas Kline, Sheriff 2004, A.D. NL~Q~,~" J~-I't BY vv.-Lt/..1 Prothonotary Real Est Deputy J.SU CA..4l.IH {k., /5;' 3"7;L. Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D, #16132 Suite 500 - The Bourse Bldg, III S. Independence Mall East Philadelphia, PAl 9106 215-627-1322 Attorney for PlaintitI M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION - LAW SCOTT A. MEHRING (Mortgagor(s) and Record Owner(s)) 1433 Simpson Ferry Road New Cumberland, P A 17070 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No, 03-5600 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST 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: 1433 Simpson Ferry Road New Cumberland, PAl 7070 I,N ame and address of Owner( s) or Reputed Owner(s): SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 2. Name and address ofDefendant(s) in the judgment: SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, PAl 7070 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 P A 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: ALLFIRST BANK 25 S, CHARLES STREET BALTIMORE, MD 21201 5. Name and address of every other person who has any record interest in Of record lien on the property and v..rhose 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 ofwhorn the plaintiff has knowledge who has any interest in the property which may be afrected by the sale. TENANTS/OCCUP ANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit arc 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. GOLDBEC BY: Joseph Attorney for DATED: December 10. 2003 03-5600 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney 1.0,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. P A 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. SCOTT A. MEHRING Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 1433 Simpson Ferry Road New Cumberland, PA 17070 Term No, 03-5600 Defendanf(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: MEHRING. SCOTI A. SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 Your house at 1433 Simpson Ferry Road, New Cumberland, PA 17070 is scheduled to be sold at Sheriff's Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $82,246.74 obtained by M&T BANK SUCCESSOR BY MERGER WITH ALLFlRST 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: I, The sale will be cancelled if you pay to M&T BANK SUCCESSOR BY MERGER WITH ALLFlRST BANK, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 03-5600 . 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, 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. !, If the Sheri!Ts 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 wiIl go through only if the buyer pays the Sheriff the fuIl amount due in Ule sale. To find out if this has happened, you may caIl the Sheriff 01'717-240-6390. 4. If the amount due from the Buyer is not paid to the SheritT, you will remain the owner of the property as ifthe sale never happened, 5. You have a right to remain in the property until the fuIl 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, Y QU may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liherty Avenue Carlisle, PA 17013 <. SCHEDULE "An Name: Mehring, Scott A. ALL THAT CERTAIN piece or parcel of land in the Borough of the New Cumberland, County of CUmberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a, point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned plan of lots; thence in a Northerly direction along the said dividing line 105 feet to Lot No. 15 on -said plan; thence in a westerly direction-along said Lot No. 15, 70 feet to the Easterly line of Barbara Street; thence in a southerly direction along the easterly line of Barbara Street, 90 feet to a point; thence in a southeasterly direction along a curve to the left having a radius of 15 feet, a distance of 23.56 feet to the northerly line of Simpson Ferry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the place of BEGINNING. Being the same premises conveyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry Road New Cumberland, FA Assessment Number: 26-24-0809-105 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5600 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERI,AND COUNTY: To satisfy the debt, interest and costs due M & T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, Plaintiff (s) From SCOTT A. MEHRING (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,246.74 Interest FROM 12/3/02 TO 12/10/03 AT 7.3900% LL $.50 Atty's Comrn % Atty Paid $121.73 Plaintiff Paid Date: DECEMBER 11, 2003 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot~ n 7f ---.J3y: ~a."" ~C. ~r Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No, 16132 Real Estate Sale #28 On March 01, 2004 the sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1433 Simpson Ferry Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 By: \)6 ctGljvv\Jv~ Real EstateJDeputy ,:;\ ,_ "~I ,.,j rn ,',' L( 2\ 21 33,] U' .:JJn! _.: J D ~ ~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad. No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Conlroller 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~ Sunday Patriot, News newspapers of general circulation, printed and published at 812 to 818 Market Street, in lhe 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 prinled 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 271h 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 01 the allegations 01 this statement as to the time, place and character of publication are true; and Thai he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Palriot,News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the slockholders and board of directors of lhe said Company and subsequently duly recorded in the office for the Recording of Deeds in and for sai ounty of Dauphio in Miscellaneous Book "M", Voiume 14, Page 317, PUBLICATION COPY SALE #28 REAL EST2, J:-:Ill WtIt'" , ' , 'J:~~,"~,,=,r~=, LW=-- Atty:$, .' '. " . ~").1I0'l AU. TIIAT . .iilI;IiN ... '" .- of laDdillfbo=:t"ol~~COUIIly of c.mt>r "..C~ of p"qi'lvJaila. _'~,~tlllI doI<Ilbldllllialm.iII'illIi ' , , " BllGlNNINO..a pollIlon fbo NonIIaily IiIIe of~Feny_l60feet~)lItbo diYidiDllillebo!W'!!!LoIINi",13!P'lI~i'!'~ . IiIIiiliiIIffiliil_Ol!Il'''_.li'a Publisher's Receipt for Advertising Cost NOl1bedy ~aJoot,lI1e IIi4 dMdiIl& IiIIe 10$ feet 10 Lol No. 15 oijlli4 pjao; _ ilia , publiSher of The Patriot-News and The Sunday Patriot-News, newspapers of general ===~.~:: a receipt of the aforesaid notice and publication costs and certifies that the same have , ~ ~ .... fbo l1l1Il,My IiIIe of .... -'90 taeIi~a jlC1ilrt: _,. a ., I ,J............... . .... 10 ..left haviII' 'olI5....._of21..l6feet 10 die llOIlbedy !iDe of. ~ Feny:lI/l1lCl: _la..~"""'fbollOilllodl' ~~'Rotd.55feetlotboplace 'ii&IJOJ;... ~ <OlMJOllIDSco<t A. ~Ily .Qoad....... 11lWR.!" Liber J6.0.f11....Iil',...61tJ. . PROPllRIYADDRESS: 1433 Siqlron Feny Rotd. New CiIliberIaDd., PA 11070. ASSESSMIlNTJi;,l6-~IOl, 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 herelo on the above staled dates Total $ 242.14 By..,...".,...".,...,.,....".,.,.,...".,...,.."."...,."..,..". PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being dwy 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 regwarly 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 circwation, 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. f)I1Q' '. d~ isa Marie Co , ~ditor REAL ESTATE SALE NO. 28 Writ No, 2003-5600 Civil M&T Bank. successor by merger with Allfirst Bank vs, Scott A. Mehring Ally,; Joseph Goldbeck SCHEDULE 'A' Name: Mehring, Scott. AlL THAT CERTAiN pIece or par- cel of land 1n the Borough of the TO AND SUBSCRIBED before me this 30 day of APRIL 2004 New Cumberland, County of Cumber- land and Commonwealth of Penn- sylvania. more particularly bounded and described as follows, to wit: BEGINNING at a pOint on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing Hne between Lots Nos. 13 and 14 on the hereinafter mentioned plan ~f lots; thence in a Northerly direc~ tion along the said dividing line 105 feet to Lot No. 15 on said plan; ..".."....- i... .... _f-..-h.. A..tr......tinn. QlnnO" ~-L~/~ 4~'/~/U N~MW: SEAL ! ~ LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005 Atty,: Joseph Goldbeck SCHEDULE "A" Name: Mehring, Scott. ALL THAT CERTAIN piece or par- cel of land in the Borough of the New Cumberland, County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dlvtding line between Lots Nos. 13 and 14 on the hereinafter mentioned plan of lots: thence in a Northerly direc- tion along the said dividing line 105 feet to Lot No, 15 on said plan: thence in a westeriy direction along said Lot No. 15,70 feet to the East- erly line of Barbara Street; thence in a southerly direction along the easterly line of Barbara Street, 90 feet to a point: thence in a south- easterly direCtion along a curve to the left having a radius of 15 feet. a distance of 23.56 feet to the north- erly line of Simpson Ferry Road: thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the place of BE- GINNING, Being the same premises con- veyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry Road, New Cumberland, PA. Assessment Number: 26-24-0809- 105, ~-"~J1. 4 NO'i'Amt SEAL LOIS E. SNYDER, Notar Carlisle Boro, Cumberlanl My Commission Expires Ma GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney J.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215,627-1322 Attorne for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsvil\e, NY 14221 MTB-OO 17 03/02/2005 $82,246.74 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE SCOTT A. MEHRING Mortgagor(s) and Record Owner(s) Term No. 03,5600 1433 Simpson Ferry Road New Cumberland. P A 17070 Defendant( s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.:Z (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: ~ ( ) ( ) ( ) Personal Service by the Sheriffs Office/. r ..' -r(copy of return attached), Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached), Acknowledgment of Sheriff's Sale by Attorney for Defendant( s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record, IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached), ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached), ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). ( ) Pursuant to the Affidavit under Rule 3 I 29 (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 I Section 4904. , G'lb~ """~ .,.b -'\>> G - .(\:P~ [\': p... tI-\t16 'l>>:- ' o.'"co ",e'" ~"'a"\)1 () ~b\\~o(t "'Ot\"ett'l'?l'> \1 'to'. SG~ S\\"'Q~et\'~t\<\' \~, Ct\~ ':l-e'" ~ ~ ~ ............. ....................... AfFiX POSTAGE 10 MAIL PIECE 10 COVER fiRST CLASS I POSTAGE. CERT/f'IE'D FE'E', RnURN RECE'IPT FEE' AND . CHARGE'S FOR ANY SE'LE'CTf'O DPT/ONAL SE'RVICE'S 1"'1',,, II", ''''''' '''''. 'eI"<I, !""'''PI hv """ 'rl!! :'1.'11 I"j /i'7ht 'hril"~ "Arf \'1 I , . ," '" "!"" 0 "II" ,,,,'! 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Mehring In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2003-5600 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 07,2004 at 6:47 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Scott A. Mehring, by making known unto Scott Mehring personallly, at 1433 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 04, 2005 at 3:27 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 of Scott A. Mehring, located at 1433 Simpson Ferry Road, New Cumberland, 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: Scott A. Mehring, by regular mail to his last known address of 1433 Simpson Ferry Road, New Cumberland, P A 17070, This letter was mailed under the date of December 29, 2004 and never returned to the Sheriff's Office. Sworn and subscribed to before me ~~, This _ day of R Thomas Kline, Sheriff BY, 10 d" C"uIJ; Rea~uty 2005, A.D. Prothonotary GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE SCOTT A MEHRING Mortgagor(s) and Record Owner(s) Term No, 03-5600 1433 Simpson Ferry Road New Cumberland, P A 17070 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, If., Esquire, sets forth as ofthe date the praecipe for the wr;r of execution was filed the following information concerning the real property located at: 1433 Simpson Ferry Road New Cumberland, P A 17070 LName and address ofOwner(s) or Reputed Owner(s): SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 2. Name and address ofDefendant(s) in the judgment: SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 3. Name and last known address of every judgment creditor whose judgment is a woord lien on the property to be sold: BANK OF AMERICA 4161 Piedmont Parkway Greensboro, NC, 27420-6012 PA DEPARTMENT OF REVENUE-BUREAU OF COMPLIANCE Dept 280948 Harrisburg, P A 17128 Nicholas & Joyve Farr 1399 Swatara Park Road Middletown, P A 17057 NEW CUMBERLAND BORO 1120 MARKET STREET P.O. BOX 220 NEW CUMBERLAND, P A 17070 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A 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 ofrecord: ALLFlRST BANK 25 S. CHARLES STREET BALTIMORE, MD 21201 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale, TENANTS/OCCUP ANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 (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: February I, 2005 --' -\ -n ,,^ \.;3 \ c,j "., ,,, C,) r.,'"! Cl PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Ioseph A, Goldbeck, Jr. AttorneyI.D,#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WJTH ALLFlRST BANK 1100 Wehrle Drive 2nd Floor WilliamsvilIe, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW SCOTT A MEHRING Mortgagor(s) and Record Owner(s) 1433 Simpson Ferry Road New Cumberland, P A 17070 ACTION OF MORTGAGE FORECLOSURE No. 03-5600 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $82,246.74 Interest from 12/03/2002 to 12/1 0/2003 at 7.3900% (Costs to be added) GOLDBEC BY: Joseph A Attorney for PIa t 'V, \:S ~ 7< l;l ~ ~ g .." ~ " ~ :I: :;:; \-' ..u '" ~ !!;, G ~.. '" l;l 0 '" or. ~ ,,'" .... ~ o~l? ~~ ~~ ' ;t. 0;'" 7;0,,"'" 065~OM o~ \><$ );....'" ~ ~"% ~~ g-ifJ CJ". ~ o ~ ~~~~~ 00 \l.l "," ' .. IJ.)......~ r- S~U ~~ ~~\M~ ~~ ~ c:. '@~M J, " '" ~ 0 ,,>.0 tV~O ~ ;> . "d o ""Co tt~~'~~ <<: 'il '" " Q)..... p..,-' \-' . ~r:o %,p ~~ ~ 3d) g ~'C ~~0'OJ'" 0 ,:,A \ r- ~ r/l o~~u \><" ~g ~ r/l U cl)c-tl ~ I" 0 ~ if) ~~ Q) ~o ~ U t: .... ';Z e:. ...if> ~ U 0 u r3~ ~ 6 1 '" ~ r/l \-' ~ ~ r:o ~ ~ (J'\ (0 c:> o (") ~:~~ C'~ u__ (,') f~~ ~ ~ -6~~~ (1-0 I 0("') o '" \.:) Q- -t:;;.N) :: \ \ ~ ~ ~ ~ ..jL-;o-v, ('I) '-'l -- ~ -., '6 l:- t- ~ C "-J <J Cl'- -SI ('<') ri 1 () (j - ~ ( - <, SCHEDULE "An Name: Mehring, Scott A. ALL THAT CERTAIN piece or parcel af land in the Barough of the New Cumberland, County of CUmberland and Cammonwealth of Pennsylvania, mare particularly baunded and described as fallO'ws, to' wit: BEGINNING at 6. point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line between Lots Nos. 13 and 14 an the hereinafter mentioned plan af lots; thence in a NO'rtherly directian alang the said dividing line 105 feet to' Lat NO'. 15 an said plan; thence in a westerly direction along said Lot No. 15, 70 feet to the Easterly line af Barbara Street; thence in a southerly directian along the easterly line of Barbara Street, 90 feet to' a point; thence in a southeasterly directiO'n along a curve to' the left having a radius of 15 feet, a distance af 23.56 feet to the nO'rtherly line of Simpsan Ferry RO'ad; thence in an easterly direction along the northerly line of SimpsO'n Ferry RO'ad, 55 feet to' the place of BEGINNING. Being the same premises conveyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry RO'ad New Cumberland, PA Assessment Number: 26-24-0809-105 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK SUCCESSOR BY MERGER WITH NO 03-5600 Civil CIVIL ACTION - LAW ALLFIRST BANK, Plaintiff (s) From SCOTT A. MEHRING (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,246.74 Interest FROM 12/3/02 TO 12/10/03 AT 7.3900% L.L. Atty's Comm % Due Prothy $1.00 Other Costs Arty Paid $771.03 Plaintiff Paid Date: NOVEMBER 30, 2004 (Seal) CURTIS R. LONG prothonz 7{b ~ &..P -t?o ';f/7A'Y"~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court lD No, 16132 Goldb,,-;.k McCafferty & McKeever ifl': Joseph A Goldbeck, Jr. AttorneyI.D. #16132 Suite 5000 ~ MeHon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WlTH ALLFIRST BANK 11 00 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CNIL ACTION - LAW SCOTT A MEHRING (Mortgagor(s) and Record Owner(s)) 1433 Simpson Ferry Road New Cumberland, P A 17070 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-5600 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST 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: 1433 Simpson Ferry Road New Cumberland, P A 17070 LName and address ofOvmer(s) or Reputed Owner(s): SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 2. Name and address of Defendant(s) in the judgment: SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: BANK OF AMERICA 4161 Piedmont Parkway Greensboro, NC. 27420-6012 PA DEPARTMENT OF REVENUE-BUREAU OF COMPLIANCE Dept 280948 Harrisburg, PAl 7128 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 ( P A 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: ALLFIRST BANK 25S. CHARLES STREET BALTIMORE, MD 21201 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale, TENANTS/OCCUP ANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 (attach separate sheet ifmore 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 Pac C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK BY: Joseph A Attorney for PIal RTY & McKEEVER C ,Jr., Esq. DATED: November 24, 2004 ....> ~~:<, {j~ ,^,,\ , ' >0 ~<~? (,."i C) 03-5600 1 GbLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor WiIliamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. SCOTI A. MEHRING Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 1433 Simpson Ferry Road New Cumberland, P A 17070 Term No. 03-5600 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: MEHRING, SCOTT A. SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 Your house at 1433 Simpson Ferry Road, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$82,246.74 obtained by M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST 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: I. The sale will be cancelled if you pay to M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST 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 03-5600 . . . 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. 3. You may also be able to stop the sale through other legal proceedings. Yau 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. I. 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 of7I 7-240-6390. 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 [md out if this has happened, you may call the Sheriff of 71 7-240-6390. 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 you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1'"-:) r') (;::~:.; ~n r ,.....:,<" s~ (.) C) ---- c:} w w - Jospeh A. Goldbeck, Jr, Attorney LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor WiIliamsville, NY 14221 IN THE COURT OF COMMON PLEAS Plaintiff vs, of Cumberland County SCOTT A. MEHRING Mortgagor(s) and Record Owner(s) 1433 Simpson Ferry Road New Cumberland, P A 17070 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s) NO, 03-5600 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act ~.> ..::>'.) l:,.::;) ~ f," c.J ?~~~ -'C' ~'? (",,) w:) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: 03 - S C, <::> I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certi that the Sheriffs Deed in which M & T Bank is the grantee the same having been sold to said grante on the 2nd day of March A.D" 2005, under and by virtue of a writ Execution issued on the 30th day 0 Nov, A.D" 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 600, at the suit ofM & T Bank against Scott A Mehringg is duly recorded in Sheriffs Deed Book No, 68, Page 1963. IN TESTIMONY WHEREOF, I have hereunto se my hand r~ and seal of said office this day of M & T Bank, successor by merger With AlIfirst Bank VS Scott A. Mehring In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5600 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 07, 2004 at 6:47 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Scott A. Mehring, by making known unto Scott Mehring personally, at 1433 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states tha on January 04, 2005 at 3:27 o'clock P,M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott A. Mehring, located at 1433 Simpson Ferry Road, New Cumberland, 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: Scott A. Mehring, by regular mail to his last known address of 1433 Simpson Ferry Road, New Cumberland, P A 17070, This letter was mailed under the date of December 29, 2004 and never retumed to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 2,2005 at 10:00 o'clock A.M. He sold the same for the sum of$I.OO to Attorney Joseph Goldbeck for M&T Bank, Successor by merger with Allfirst Bank, It being the highest bid and best price received for the same, M&T Bank, Successor by merger with AlIfirst Bank of 1100 Wehrie Drive, 2nd Floor, WiIliamsvill NY 14221, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum $751.3 I, it being costs, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30,00 14.73 15.00 15.00 30.00 10.00 1.00 25.16 / j. ~\ ~q.{ol ~ \(.,~ 1'-\\ Q-. Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 4,42 15.00 20.00 237,50 238.27 30.73 25,00 39.50 751J1 Sworn and subscribed to before me This ~ day of c.1f'. 1 2005, A.D. ~~- A . c~~~-&# R. Thomas Kline, Sheriff ~\J C dtt Srvu.1:h Real Estale'5eputy . , , Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr, Attorney LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williams vi lie, NY 14221 IN THE COURT OF COMMON PEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW SCOTT A. MEHRING (Mortgagor(s) and Record Owner(s)) 1433 Simpson Ferry Road New Cumberland, P A 17070 ACTION OF MORTGAGE FOREC SURE Defendant(s) No. 03-5600 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, Plaintiff in the above action, by it attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the 1'0110 mg infonnation concerning the real property located at: 1433 Simpson Ferry Road New Cumberland, PA 17070 I.Name and address ofOwner(s) or Reputed Owner(s): SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, PA 17070 2. Name and address ofDefendant(s) in the judgment: SCOTT A. MEHRING 1433 Simpson Ferry Road New Cnmberland, P A 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sId: BANK OF AMERICA 4161 Piedmont Parkway Greensboro, NC. 27420-6012 P A DEPARTMENT OF REVENUE-BUREAU OF COMPLIANCE Dept 280948 Harrisburg, P A 17128 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 r I P A 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: ALLFIRST BANK 25 S. CHARLES STREET BALTIMORE, MD 21201 5. Name and address of every other person who has any record interest in or record lien on the property and whos 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 properly 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 prope y which may be affected by the sale. TENANTS/OCCUP ANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledg or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pac C.S. Se tion 4904 relating to unsworn falsification to authorities. GOLDBECK BY: Joseph A. Attorney for PIa RTY & McKEEVER c ,Jr., Esq. DATED: November 24,2004 ~ 03-56 0 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney LD.#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 ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEA of Cumberland County Plaintiff CIVIL ACTION - LAW vs. SCOTT A MEHRING Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 1433 Simpson Ferry Road New Cumberland, PA 17070 Term No, 03-5600 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: MEHRING, SCOTI A SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 Your house at 1433 Simpson Ferry Road, New Cumberland, PA 17070 is scheduled to be sold Sheriffs Sale on Wednesday, March 02, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $82,246.74 obtained by M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST 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 ALLFIRST BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find ou how much you must pay call: 215-627-1322 , 03-56 0 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. 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 y 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 RIGHT EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fin out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequat compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheritfthe full amount due in the sale. To fi out if this has happened, you may call the Sheriff of717-240-6390. 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 th 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 e Sheritfs 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 fil 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 inunediately 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 0 FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A veuue Carlisle, P A 17013 . SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1433 Simpson Ferry Road New Cumberland, PA 17070 SOLD as the property of SCOTT A. MEHRING TAX PARCEL #26-24-0809-105 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5600 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, Plaintiff (s) From SCOTT A. MEHRING (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defend nt (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,246.74 Interest FROM 12/3/02 TO 12/10/03 AT 7.3900% LL Atty's Comm % Atty Paid $771.03 Plaintiff Paid Date: NOVEMBER 30,2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #27 On December 01, 2004 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1433 Simpson Ferry Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 01,2004 ByJ]rLt A ~'-t~ Real E;tatd Deputy '10 :b '\j I - :)30 \lUUl V~iJfJsll1HQ1"il~\~g~~~J ~ ~~ ..';"~ ......3> (.~....~<-,...) /' ......,.\ V'-rv~..,.'':;'; o;t~^.).' . '"' 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 James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager 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 812 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publis ed ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pu lished in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day( s) of Jannary d the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said p . ted notice or advertising, and that all of the allegations of this statement as to the time, place and character of pu lication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ver fy this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously p sed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book M", ::::::::~~{m COpy S ALE #27 N01ARIAl 1erry L Russell. N Oty of Harrisburg. Dau M Commission Expires June 6. 2QQ~ MY PUBLIC M{l~b1H' PennsylllaniaAssoci GtttRttfi!~ion expires June 6, 2006 REAL ESTATE SALE No Xl Writ No. 2003-5800 . Civil Tenn M "T Bank s.,....",,_ by Merger with AIIfII'lII BlInk v. Scott A. llehrtng Ally: Joseph Goldbeck DESCRIPTION . ,AlLlmr Cl!irooN piooo lI'J*l>lI of~ ;"'~!ti...liown..o ...., C.-y ......~~ lid C......._ of '-:"--JOIli<oIady~1IIlI _Iled as fulJows, 10 wit IlEGlNNING ala point on lhe NlllIi>>Iy tine of.Simpson Fetty Road (60 feet wide) ..... ~ tine between LoIs N... 13 and 14 on the -onedplanoflo/a'lhenceina Nm1heriy direction along the ..d'dividing tine 105 feet 10 Lot No. 15 on..d plan; lhence in a Publisher's Receipt for Advertising Cost ==:e~~~ 15, 70~ed: lblisher of The Patriot-News and The Sunday Patriot-News, newspapers of general southerly -. along 1be easted~ m.; lwledge receipt of the aforesaid notice and publication costs and certifies that the sa Barbara Street, 90 feet to a point; thence in a ~~ direction along a curve to the left havmg a radius of 15 feet, a distance of23.56 feet to the .oottherly !me of Simpson Fetty Road; thence m. an easterly direction a1ong1be northerly line of Snopson Fetty Road, 55 feet 10 1be pla<:e ofBEGINNtNG. _ BEI~O the same premises COI)...veyed to Scott ~~al~~1007/93inL"" R I'roperty Addres.: 1433 Simp-son ""'y ood,New~pA. -#26-U08lJ9.-t05. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PAc 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 238.27 have By....,"........"...",.,.".........,..........,....."""....... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esqnire, Editor ofthe Cumberland Law Journal, ofthe Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberlan Law Journal, a legal periodical published in the Borough of Carlisle in the County and State afl resaid, 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 re larly issued weekly in the said County, and that the printed notice or publication attached heret IS exactly the same as was printed in the regular editions and issues ofthe said Cumberland aw Joumal on the following dates, VIZ: January 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumber and Law Journal, a legal periodical of general circulation, and that he is not interested in the su ject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, ~ isa Marie Coyne Editor SWORN TO AND SUBSCRIDED before me t s 28 day of January. 2005 ~J~J1 J~d1N Notary REAL ESTATE SALE NO. 27 Wrtt No, 2003-5600 Civil M&T Bank Successor by Merger with Allfirst Bank VS. Scott A. Mehring Atty.: Joseph Goldbeck SCHEDULE "A" ALL THAT CERTAIN piece or par- cel of land in the Borough of the New Cumberland, County of Cum- berland and Commonwealth of Pennsylvania. more particularly bounded and described as follows. to wit: BEGINNING at a point on the Northerly line of Simpson Ferry Road {60 feet wide) at the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned plan of lots; thence in a Northerly direction along the said dividing line 105 feet to Lot No. 15 on said plan; thence in a westerly direction along said Lot No. 15, 70 feet to the Easterly line of Barbara Street: thence in a southerly direction along the east- erly line of Barbara Street. 90 feet to a point; thence in a southeast~ erly direction along a curve to the left having a radius of 15 feet, a distance of 23.56 feet to the north~ erly line of Simpson Ferry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the place of BE- GINNING. Being the same premises con~ veyed to Scott A. Mehling by Deed recorded 10/07/93 in Liber 36~O of Deeds at page 670, Property Address: 1433 Simpson F'eny Road, New Cumberland, PA. Assessment Number: 26-24- 0809-105.