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Home My WebLink About03-6224GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE ~000 -- 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 Plaintiff VS. RICHARD P. RIDDLE Mortgagor(s) and Real Owner(s) 1005 Walnut Street Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. C{VlL ACTION: THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTIC~ You have been sued in court, If you wish to defend agathst the claims set thrth in the following pages, you must take action within twenty (20) days after the Complaint and notice are sewed, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case rmy proceed without you and a judgment may be entered against you by the Court without furlher notice for any money claim in the Complaint o f for any other claim or relic f requested by the PIathfi~ You may lose money or property or other rights important to you. YOU SHOULD TAKE TI~S 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. TH~S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC CUMBERLAND COUNTY BAR ASSOCIATION 2 Ltherly Avenue AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU AQUI ABAJO. ESTA OFICINA PUEDE PROVEER]E CON INFORMACION DE COMO CONSEU1R UN ABOGADO. 8 Irvine Row 2 LibelW Avenue COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, 1100 Wehrle Drive, 2nd Floor Williamsville, NY 14221. 2. The name(s) and address(es) of the Defendant(s) is/are RICHARD P. RIDDLE, 1005 Walnut Street, Lemoyne, PA 17043, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On August 18, 2000 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 of Cumberland County as Book 1638 Page 977. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due June 01, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest fi.om 05/01/2003 through 11/30/2003 at 4.0000% Per Diem interest rate at $2.73 Reasonable Attorney's Fee Late Charges fi.om 06/01/2003 to 11/30/2003 Monthly late charge amount at $24.31 Costs of suit and Title Search $24,960.23 $584.21 $1,250.00 $149.41 $900.00 $27,843.85 $27,843.85 The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 10/27/2003 12:11 717-295-7155 18/~/~'~03 22;4~ 717848833fl LANC TITLE INFO JOUR PAGE 03 18/27/2803 12:11 717-295-7155 LANC TITLE INFO JOUR PAGE 04 ~/23/~003 ~:45 ?~78408330 PSA & A INC PAGE WITINF.~ t~ du~ ~,eoug~ Ju:~ottlm da~,, n~ntb a~ ~ar fir,~ above writtat. EXHiBiT {:: T 91 NOTICE DATE OF NOTICE: October 17, 2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgaee 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 A~encies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Aeencv 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 notification en adjunto es de suma importancia, pueh afecta su derecho a continuar viviendo en su casa. Si no comprende el c6ntenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes set elegible para un prestamo pot 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 & MeKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: October 17, 2003 Homeowners Name: RICHARD P. RIDDLE Property Address: 1005 Walnut Street, Lemoyne, PA 17043 Loan Account No.: 23000000021641 Original Lender: ALLFIRST BANK Current Lendcr/Ser~icer: 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 PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the 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 N~0RTGAGE 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 of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleohone numbers of designated consumer credit counsclin~ agencies for the county in which thc prooert¥ 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 fi.om 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 of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your 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 YOU ARE CURRENTLY PROTECTED BY THE FILING O~ ~ PETITION IN BANKRUPTCY, THE'FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONI~Y'AND SHOULD NOT BE CONSII~ERED. AS AN ATT, EIVfPT.. TO' COLLECT THE. (~! you have'flli~d:bankruptey 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: 1005 Walnut Street, Lemoyne, PA 17043 IS SERIOUSLY 1N 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 06/01/2003 thru 10/17/2003 (5 mos. at $486.31/month) $2,431.55 (b) Late charges fi'om 06/01/2003 thru 10/17/2003 $149.41 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $2,580.96 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 $2~580.96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURI]NG 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&T BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortl~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. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uoon your mortoaged orooertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe 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 include other reasonable costs. If you cure the default within the THIRTY (30~ DAY oeriod, you will not be re~luired to oar 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 uo to one hour before the Sheriff's Sale. You may do so by oaring 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 Sheriffs 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the 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&T BANK 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 Sheriffs 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 Sheriffs 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. BEHALF. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT 5 HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Alicia Oliver Phone Number: 716-630-4924 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEO~VNER'S EMERGENCY MORTGAGE ASSISTANCE PROGR &M CONSUMER CREDIT COUNSELING AGENCIES CUMBERI,AND COUNTY CCCS OF WESTERN PENNSYLVANIA 1NC. 2000 Linglestown Road Harrisburg, PA 17102 (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 Derry 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 301G Sffeet Car~sle, PA 17013 (717)243-3818 FAX(717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 SHERIFF'S RETURN CASE NO: 2003-06224 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T BANK VS RIDDLE RICHARD P - REGULAR ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE RIDDLE RICHARD P DEFENDANT , at 1755:00 HOURS, on the at 1005 WALNUT STREET LEMOYNE, PA 17043 RICHARD RIDDLE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of December 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this [ _~-~ day of So Answers: R. Thomas Kline 12/08/2003 GOLDBECK MCCAFFERTY MCKEEVER BY: ~e~pu't y--~ f f~~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Plaintiff VS. RICHARD P. RIDDLE (Mortgagor(s) and Record owner(s)) 1005 Walnut Stxeet Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-6224 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, and against RICHARD P. RIDDLE 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 $28,009.86. Joseph A . Attorney fm ~ I hereby certify that the above names are correct and that the [qcise~re~dence address of the judgment creditor is M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANg 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 and that the name(s) and last known address(es) of the Defendant(s) is/are RICHARD P. RIDDLE, 1005 Walnut Street Lemoyne, PA 17043; AttorneY for/~ainlli(?fx ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $24,960.23 Interest from 05/01/2003 through 01/12/2004 $701.60 A~orney's Fee at0.0100%ofprinc~al balance $1,250.00 Late Charges $198.03 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $0.00 ($0.00) $28,009.86 AND NOW, this /~,~e~4]~lay o f ~ ( BY: Attom FcERTY & k, Jr. McKEEVER ,2004 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, about unknown years of age, that Defendant's last is 1005 Walnut Street, Lemoyne, PA 17043, and is unknown business located at unknown address. RICHARD P. RIDDLE, is known residence engaged in the 2. That Defendant is not in the of the United States or its Allies, provisions of Congress of the Soldiers' and Sailors' Civil 1940 and its Amendments.~ Date: Military or Naval Service or otherwise within the Relief Action of In the Court of Common Pleas of Cumberland County M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100'Wehrle Drive 2nd Floor Williamsville, NY 14221 vs. RICHARD P. RIDDLE (Mortgagor(s) and Record Owner(s)) 1005 Walnut Street Lemoyne, PA 17043 Plaintiff Defendant(s) No. 03-6224 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiffand against RICHARD P. RIDDLE by default for want of an Answer. Assess damages as follows: $28,009.86 Debt Interest- 05/01/2003 to 01/12/2004 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 a,~d a,t 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 ~x~. Joseph A. (~c t~eck, Jr. Attorney fd/ ~io, tiff I.D. #1613 i 1613% ', AND NOW 4RW~ , d~C~ e~ ~O_~.. , J~udgment is entered In favor of M&T BANK SUCCESSOR BY MERG ITH ALLFIRST BANK and against RICHARD P. RIDDLE by default for want of an Answer and damages assessed in the sum °f $28'009'86 as per the ab°{~'~/~/~rtii~'Prothonotary~ ') ~~-'~ THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 26, 2003 TO: RICHARD P. RIDDLE 1005 Walnut Street Lemoyne, PA 17043 M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 VS. RICHARD P. RIDDLE (Mortgagor(s) and Record Owner(s)) 1005 Walnut Street Lemoyne, PA 17043 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 03-6224 Defendant(s) TO: RICHARD P. RIDDLE 1005 Walnut Street Lemoyne, PA 17043 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243~9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK MeCAFPERTY & MeKEEVER BY: Joseph A, Ooldbeck, Jr., Esq. Aitomey for Plaintiff Suite 5000- Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 2154527-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. 'Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Plaintiff VS. 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW RICHARD P. RIDDLE Mortgagor(s) and Record Owner(s) 1005 Walnut Slxeet Lemoyne, PA 17043 ACTION OF MORTGAGE FORECLOSURE No. 03-6224 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/01/2003 to 01/12/2004 at 4.0000% (Costs to be added) $28,009.86 GOLDBECK M ,L~FI-E.~2~Y & McKEEVER BY: $osephA....~. ~ C Jr. Attorney for rlaS~tfff '~ ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF LEMOYNE (FORMERLY EAST PENNSBORO TOWNSHIP), CUMBERLAND COUNTY, PENNSYLVANIA SITUATE 1N A PLAN OF WASHINGTON HEIGHTS, THIS SAID PLAN RECORDED IN THE RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 24, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON WALNUT STREET AT OR OPPOSITE THE DIVISON LINE BETWEEN PROPERTY HEREIN CONVEYEDAND PROPERTY 1003 WALNUT STREET; THENCE SOUTH 77 DEGREES 44 MINUTES WEST 16.75 FEET TO A. POINT; THENCE NORTH 19 DEGREES WEST140.2 FEET TO THE SOUTHERN SIDE OF PENNSYLVANIA AVENUE; THENCE NORTH 71 DEGREES WAST 25 FEET TO A POINT; THENCE SOUTH 18 DEGREES 26 MINUTES EAST 77.7l FEET TO A POINT; THE CENTER PARTITION LINE BETWEEN THE PROPERTY HEREIN CONVEYED AND PROPERTY 1003 WALNUT STREET; THENCE SOUTH 12 DEGREES l 6 MINUTES EAST 64.9 FEET THROUGH THE CENTER OF SAID PARTITION WALL AND BEYOND TO A POINT; SAID POINT BEING THE NORTHERN SIDE OF WALNUT STREET THE PLACE OF BEGINNING. HAVING THEREON ERECTED NOW BEING A 2 ½ STORY FROM FRAME DWELLING KNOWN AND NUMBERED AS 1005 WALNUT STREET. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6224 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK SUCCESSOR BY MERGER WITH ALLFIRST BANK, Plaintiff (s) From RICHARD P. RIDDLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify lhm/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $28,009.86 Interest FROM 5/I/03 TO 1/12/04 AT 4.0000% Atty's Corem % Atty Paid $121.04 Plaintiff Paid Date: JANUARY 15, 2004 (Seal) Prothonot~ Deputy L.L. $.50 Due Prnthy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., EQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER 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 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. l~l 1 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 Williamsville, NY 14221 Plaintiff VS. RICHARD P. RIDDLE (Mortgagor(s) and Record Owner(s)) 1005 Walnut Street Lemoyne, PA 17043 Defendant(s) 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-6224 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SUCCESSOR BY MERGER WITH ALLF1RST BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquke, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1005 Walnut Street Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): RICHARD P. RIDDLE 1005 Walnut SWeet Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: RICHARD P. RIDDLE 1005 Walnut Street Lemoyne, PA 17043 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 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be ~fected 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 1005 Walnut Stxeet Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tree 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: January 12, 2004 GOLDBECK McC~ r~I~TY & McKEEVER BY: Joseph A. Gol:lh~e[:kl Ir. Esq. Attorney for Plaint~ 03~6224 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. A~omey I.D.# 16132 Suite 5000- Mellon Independence Center 701 Market Slxeet 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 Plaintiff vs. RICHARD P. RIDDLE Mortgagor(s) and Record Owner(s) 1005 Walnut Street Lemoyne, PA 17043 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-6224 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: RIDDLE, RICHARD P. RICHARD P. RIDDLE 1005 Walnut Street Lemoyne, PA 17043 Your house at 1005 Walnut Street, Lemoyne, PA 17043 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 $28,009.86 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: 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 out how much you must pay call: 215-627-1322 03-6224 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 flghts. 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 TIlE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may £md out the price bid price by calling the Sheriffof 717-240-6390. 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 amotmt due in the sale. To £md out if this has happened, you may call the Sheriffof 717-240-6390, 4. If the mount due from the Buyer is not paid to the Sherift~ 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 Sheriffgives 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 recei'Nmg that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) axe filed with the Sheriff within ten (10) days after the schedule of disWlbution is filed. 7. You may also have other fights 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 W~rlERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liben~y Avenue Carlisle, PA 17013 M&T Bank, successor by merger with, Allfirst Bank VS Richard P. Riddle In The Court of Common Pleas of Ctnnberland County, Pennsylvania Writ No. 2003-6224 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is rettmaed STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 164.79 Posting Handbills 15.00 Advertising 15.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Law Journal 218.90 Patriot News 53.03 Share of Bills 29.26 Law Library .50 Prothonotary 1.00 $584.56 paid by attorney 06/07/04 Sworn and subscribed to before me This _/~ & day of~..~ 2004, A.D. ~'). )9,xzZo-, Prothonotary Thomas Kline, Sheriff Real Estate Deputy Real Estate Sale #14 On February 25, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 1005 Walnut Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 25, 2004 By: Real Estat6;Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Made Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. RF.,AL F~TATE ~LE NO. 14 Writ No, 2003-6224 Civil M & T Bank, successor by merger with Allflrst Bank VS. Richard P. Riddle Atty.: Joseph Galdbeck ALL THAT CERTAIN lot of ground situate in the Borough of Lemoyne (formerly East pennsboro Township), Cumberland County, Pennsylvania situate in a Plan of Washington Heights, this said Plan recorded in the Recorder's Office in Plan Book 1, Page 24, more particularly bounded and described as follows, to wit: BEGINNING at a point on Wal- nut Street at or opposite the dim- sion line between property herein conveyed and property 1003 Wal- nut Street; thence South 77 degrees 44 minutes West 16.75 feet to a point: thence North 19 degrees West 140.2 feet to the southern side of Pennsylvania Avenue; thence North 71 degrees Wast 25 feet to a point; thence South 18 degrees 26 min- utes East 77.71 feet to a point; the center partition line between the property herein conveyed and prop- erty 1003 Walnut Street; thence South 12 degrees 16 minutes East 64.9 feet through the center of said partition wall and beyond to a point; said point being the northern side of Walnut Street the place of Begin- ntog. HAVING thereon erected now be- ing a 2 1/2 story from frame dwell- ing known and numbered aa 1005 Walnut Street. SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 No~T°TA~t~i L SEAL ~015 E. SNYDEE, Nota~ Carlisle Boro, Cumbedand County My Commission Expires March 5, 2005 Atty.: Joseph ALL THAT CBRTA~N lot of ground situate in the Borough of Lemoyne (forraerly Bast Pennsboro Township), Cumberland County. Pennsylvania situate in a Plan of Washington Height~. this said Plan recorded in the Recorder's Office in Plan Book 1, Page 24, more particularly bounded and described as follow~, to w~t: BEGINNING at a point on W~I- nut Street at or opposite the divi- sion line between property herein conveyed and property 1003 Wal- nut Street; thence South 77 degrees 44 minutes West 16.75 feet to a point; thence North 19 degrees West 140.2 feet to the southern side of Pennsylvar~a Avenue; thence North 71 degrees Wast 25 feet to a point thence South 18 degrees 26 min- utes East 77.71 feet to a point; the center partition line between the property herein conveyed and prop- erty I003 Walnut Street; thence South 12 degrees 16 minutes Bast 64.9 feet through the center of said partition wall and beyond to a point; said point being the northern side of Walnut Street the place of Begin- ning. HAVING thereon erected now be- ing a 2 I/2 story from frame dwell- lng known and numbered as 1005 Walnut Street. NOTARY LOIS E, SNYDE Carlisle Boro, Gu My Commission Ex THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County ~ Dauphir~ in Miscellaneous Book "M", Volume 14, Page 317. ~ ~~i PUBLICATION COPY sworn to an h day of M.~2004/~. ~ MyC~m~ ~r~ ~ 6.20~ ~embJr, PenflsylvlnJl~soclat~olN°tlri~Y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 53.03 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and ce~ifies that the same have