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HomeMy WebLinkAbout08-5890GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN a/1-/a GINA M. WISKEMANN Mortgagor and Record Owner 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant (A - 5840 t %ivil l rr, OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL ACTT kW- MC,-,RTQACE FORECLONORf 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 or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES . DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www.nhfa.or-/consumers/homeowners/realasnx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homereteation(agoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71680FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T BANK, 1 Fountain Plaza, Buffalo, NY 14203 and M&T BANK, 1 Fountain Plaza, Buffalo, NY 14203. 2. The names and addresses of the Defendant is GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN, 150 Lancaster Boulevard, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On February 24, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1855, Page 4947. The mortgage has been assigned to: M&T BANK by assignment of Mortgage September 9, 2008 recorded on September 24, 2008 as Instrument #200832388. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................................................................. Interest from 04/01/2008 through 09/30/2008 at 5.0000%... Per Diem interest rate at $15.64 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 05/01/2008 to 09/30/2008 .. _ _ _ _ _ _ _ Monthly late charge amount at $32.75 Costs of suit and Title Search ................................. Fees ...................................................... Recoverable Balance ............................ Monthly Escrow amount $198.50 ................$114,188.78 .................... $29862.12 $5,709.44 ...$163.75 ........... $900.00 ..........................................................$51.00 ........................................................$100.00 $123,975.09 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nersonam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $123,975.09, together with interest at the rate of $15.64, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. GOLD BECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Laurie Abramo 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: 4'! S-O? Laurie Abramo Assistant Vice President 0010185247 GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN E?chifiitA EXHIBIT "A" ALL THAT CERTAIN lot of land situated in County, Pennsylvania, more Lower Allen Township, particularly bounded and described as follows, to wait berland BEGINNING at a point on the westerly side of Boulev feet in a southerly direction from the southwest cornereof Oxford which Boulevard at the dividing line betty Point is 392 mentioned p Ian o f Lots; t hence b eten Lots Nos. 3 and 4, Block Neon the hereinafter degrees 38 minutes East 75 feet to the owesterly eline of Lancaster Boulevard south 44 thence in the southerly line of Lots Nos. 2 and 3, Block No Platt 10 oath 45 degrees 22 Y Lot No. 3, Block N, Plan 10. minutes west 110 feet to a point at the westerly line of Lower Allen To said line north 44 degrees 38 minutes west 75 feet to a Lots Nos. 3 ? Township; thence by and 4, Block N Plan 10; thence b point at the dividing line between minutes east 110 feet to a point on thew y said dividing line north 45 de BEGINNING, westerly side of Lancaster Boulevard, the Place of BEING Lot No. 3, Block N, Plan 10, orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lancaster Boulevard Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, conditions reservations, and rights of way of record, restrictions, BEING the same premises which Ronald Mark Wiskem his wife, by deed dated February 24, 2004 ann and Gina Marie Wisoded n, the Office of the Recorder of Deeds in 'and intended to be immediately granted and conve and for Cumberland Count Y recorded in Yed unto Gina Marie Wiskemann. Y, Pennsylvania, I Certify this to be rtWyded III Cumberland Nulity pA lip . ?e???F efiHee?is ON 1855PG49-63 Exhibit (B M&T Bank P.O. Box 840 Buffalo, NY 14240-0840 07/15/2008 Gina M Wiskemann 150 Lancaster Blvd Mechanicsburg, PA 17055 HOMEOWNERS NAME(S): Gina M Wiskemann PROPERTY ADDRESS: 150 Lancaster Boulevard Mechanicsburg, PA 17055 LOAN ACCT NO: 0010185247 CURRENT LENDER/SERVICER: M&T Bank ? M&T Bank Certified No.: 71826389306012757092 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICu CAN SAVE Vnrrn 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's YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-fed'meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE= THE PAIN 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the en of this Notice. It is only necessary to schedule one face-b-fae meeting. Advise your lender immediately of your intentions. 1 800 724 1633 Payment Processing -P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away. www.mtb.com 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 of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-fae 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 OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT --'lie MORTGAGE debt held by the above lender on your property located at: 150 Lancaster Boulevard Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular payments of $853.42 for the months of 05/01/2008 through today's date: $ 2560.26 Other charges: Accrued Late Charges: t 65.50 Accrued Other Charges $ 112,00 TOTAL AMOUNT PAST DUE: $ 2737.70 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 $2737.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified check or money order made payable and sent to: M&T Bank One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY 14203 You can cure any other default by taking the following action within THIRTY (30) DAY of the date of this letter: IF YOU DO NOT CURE THE DEFAULT-Kyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the 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 upon your mortgaged property. 1 800 724 1633 Payment Processing -P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away. www.mth.com IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney'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 period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES --Tbe lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE HE 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements 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 --4t is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the 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 be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Bank Address: P.O. Box 840 Buffalo, NY 14240 Phone Number: (800) 724-1633 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 or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY 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 THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT 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. Sincerely, Russell M. Alessi Jr. Collections Manager Eric: Act 91 Notice Consumer Credit Counseling Agencies Serving Your County 1 800 724 1633 Payment Processing -P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away. www.mtb.com ACT 91 NOTICE 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 page. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save Your home. This Notice explains how the proeram 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 Counseline Agencies serving your County are listed at the end of this Notice If you have any auestionQ you may call the Pennsylvania Housiue Finance Aeencv toll free at 1-800342-23P7 (Persons with impaired hearine can call (717) 780-180)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 an 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 NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO 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. M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an'attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. 1 800 724 1633 Payment Processing -P.O. Box 62182, BalBmore, MD 21264-2182 Mortgage account information, just a click away. www.mth.com Homeowner's Emergency Assistance Program Cumberland County Adman County Interiitt Hogg Aattorky 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Weotorn PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commtaton of CatFMal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Lovoddii, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatta 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 AP 1M Pa- b EMION IWIM 7 `x' 00 ZA- } 6` ,. t-n SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05890 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T BANK VS WISKEMANN GINA MARIE AKA GINA R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WISEEMANN GINA MARIE AKA GINA M WISKEMANN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT FOUND , as to WISEEMANN GINA MARIE AKA GINA M WISKEMANN 150 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 DESPITE MULTIPLE ATTEMPTS AT SERVICE, THE PAPER EXPIRED PRIOR TO BEING SERVED. Sheriff's Costs: So answers- Docketing 18.00 Service 64.00 Affidavit .00 TTibTa-g Kline Surcharge 10.00 Sheriff of Zumberland County Not Found 5.00 97.00 GOLDBECK MCCAFFERTY & MCKEEVER 11/06/2008 Sworn and Subscribed to before me this day of A. D. GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5890 By: GOLDBECK McCAFFERTY & MCKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. t--; C_'? r "`? c? ? 53 ? ?i '' , ??? V ?. ? :.?_ r7 ) _ V J J .?„??, ?`• ? i ' r ? `, h _ `?" fir? ? `\?Y` ` ?? ? C? \? SHERIFF'S RETURN - OUT OF COUNTY ' s CASE NO: 2008-05890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS WISKEMANN GINA MARIE AKA GINA R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WISKEMANN GINA MARIE AKA GINA M WISKEMANN but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On December 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 R,; T omas Kline Dep Dauphin Cc 47.25 Sheriff of Cumb rland County Postage 1.68 85.93 /?/I4Jo8, 12/15/2008 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania M&T Bank vs. Gina Marie Wiskemann aka Gina M. Wiskemann No. 08-5890 civil Now, November 19, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. :?? M4?1 Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to Sheriff of copy of the original the contents thereof. So answers, COSTS SERVICE $ MILEAGE AFFIDAVIT Sworn and subscribed before me this day of , 20 County, PA (pttitip, of Mary Jane Snyder Real Estate Dep. William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy M&T BANK VS GINA MARIE WISKEMANN Sheriffs Return No. 2008-T-2418 OTHER COUNTY NO. 085890 And now: DECEMBER 1, 2008 at 12:29:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon GINA MARIE WISKEMANN by personally handing to GINA MARIE WISKEMANN 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101 Sworn and subscribed to before me this 1 ST day of December, 2008 'L? N0 ARIAL SEAL LMm? RY JANE SNYDER, Notary Puuli Highspire, Dauphin County Commission E' ires Set 1 2010 So Answers, y, ?. Sheriff of au 4MAN By Depu SherifDeputy: KARSheriffs Costs: $47.25 11/21/2008 e t ` In the Court of Common Pleas of Cumberland County M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard No. 08-5890 Mechanicsburg, PA 17055 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 GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN by default for want of an Answer. Assess damages as follows: $126,385.89 Debt Interest from 01/06/2009 to Date of Sale per diem at $15.64 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 and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Wm 0 -? - \ Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW ?Jp , b c2oo I , Judgment is entered in favor of M&T BANK and against GINA MARIE WISKEMANN a/kJa GINA M. WISKEMANN by default for want of an Answer and damages assessed in the sum of $126,385.89 as per the above certification. P onotary 71680FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DATE OF THIS NOTICE: December 23, 2008 GINA MARIE WISKEMANN &Wa GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN alk/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) TO: GINA MARIE WISKEMANN aWa GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-5890 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LibmV Avaw Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 71680FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DATE OF THIS NOTICE: December 23, 2008 GINA MARIE WISKEMANN aWa GINA M. WISKEMANN 150 Lancaster Boulevard Mechanicsburg, PA 17055 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) TO: GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 150 Lancaster Boulevard Mechanicsburg, PA 17055 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-5890 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever_ GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN, is about unknown years of age, that Defendant's last known residence is 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. UA Date ?l?l04 ,aio 7.?r??W GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5890 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK, and against GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 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 $126,385.89. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T BANK 1 Fountain Plaza Buffalo, NY 14203 and that the name(s) and last known address(es) of the Defendant(s) is/are GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN, 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110; ? U= I -",\- - U-il G L' BECK Mc AFFERTY & McKEEVE BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 04/01/2008 through 01/03/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 4 X $198.50 Fees Recoverable Balance AND NOW, this Uk day of .Joan $114,188.78 $4,347.92 $5,709.44 $294.75 $900.00 $794.00 $51.00 $100.00 $126,385.89 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff , 2009 damages are assessed as above. q41 .-.& ro Prothy .O, l a Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagors and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) No. 08-5890 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/06/2009 to Date of Sale per diem at $15.64 (Costs to be added) IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5890 $126,385.89 GOLDBECK MCCAFF RTY & MCKEEVER BY: Michael T. McKeever Attorney for Plaintiff 0 H r1 cC ?t W ? o o per', C w °Or, U W y ??? v? O o N z W3o o ?' o a r-n I V m °o d F'' W1 b A-> p 7 WO 040 w U ? N d a3 N C. N dl ,,. 4 o a 3 • E ?'3 ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest corner of Oxford Drive and Lancaster Boulevard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by the westerly side of Lancaster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10; thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 110 feet to a point at the westerly line of Lower Allen Township; thence by said line north 44 degrees 38 minutes west 75 feet to a point at the dividing line between Lots Nos. 3 and 4, Block N, Plan 10; thence by said dividing line north 45 degrees 22 minutes east 110 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lancaster Boulevard Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemann and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL #: 13-24-0793-155 PROPERTY ADDRESS; 150 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 MUNICIPALITY: LOWER ALLEN TOWNSHIP Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) No. 08-5890 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 150 Lancaster Boulevard Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 2. Name and address of Defendant(s) in the judgment: GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 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: .00 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 ALLFIRST BANK 25 South Charles Street Baltimore, MD 21201 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 150 Lancaster Boulevard Mechanicsburg, PA 17055 (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: January 3. 2009 r I f M n h 1 u„ ,`i GOLDBECK McCAFFERTY & MMc(KEEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff f i c_._. ? ? -? ? 7 ' ^.,t_+ Z ". ?. ? _ Y Jr .? ''r. M Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 08-5890 I, Michael T. McKeever, 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. U?A.D -k- UW-1JC4 Michael T. McKeever Attorney for plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Y' .. ?? ? ?..^? ?, ..1 ?? \... - ? ' ?? $„-, ?? w ! ?. «? A 08-5890 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s Term No. 08-5890 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: WISKEMANN, GINA MARIE a/k/a GINA M. WISKEMANN a/k/a GINA WISKEMANN GINA MARIE WISKEMANN alk/a GINA M. WISKCMANN 150 Lancaster Boulevard . Mechanicsburg, PA 17055 Your house at 150 Lancaster Boulevard, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $126,385.89 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866- 413-2311. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-5890 You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 A- 08-5890 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: http://www.phfa.orp/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71680FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 08-5890 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s Term No. 08-5890 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: WISKEMANN, GINA MARIE a/k/a GINA M. WISKEMANN aWa GINA WISKEMANN GINA MARIE WISKlMANN aWa GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 Your house at 150 Lancaster Boulevard, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $126,385.89 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. IN THE COURT OF COMMON PLEAS of Cumberland County CIVEL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the We by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. V - 4W 08-5890 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hM://www.philadelRhiafed.ora/fiamlosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 I 08-5890 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http•//www phfa org/consumers/homeowners/real.gvx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretentiona,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71680FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5890 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,385.89 L.L. $.50 Interest from 1/06/09 to Date of Sale per diem at $15.64 Atty's Comm % Due Prothy $2.00 Atty Paid $311.93 Other Costs to be added Plaintiff Paid Date: 1/06/09 AngPr CurtisR notary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy , In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5890 Civil Term M&TBank VS Gina Marie Wiskemann, a/k/a Gina M. Wiskemann Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 10 13 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gina Marie Wiskemann, a/k/a Gina M. Wiskemann, located at, 150 Lancaster Boulevard, Mechanicsburg, Cumberland County Pennsylvania, according to law. 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: Gina Marie Wiskemann, a/k/a Gina M. Wiskemann, by regular mail to her last known address of 150 Lancaster Boulevard, Mechanicsburg, PA 17055. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing 30.00 Poundage 17.61 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 9.90 Levy 15.00 Surcharge 20.00 Law Journal 413.00 , Patriot News Share of Bills So Answ s, R. Thomas Kline, Sheriff 344.42 15.43 897.86 ? 4/v??o? -)?? f / By _CjAtj jj,-, I Real Estate Coordinator a- V , sl ?`. aS'CO r?? 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, 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: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lk- ,?isa M e Coyne, y"raditor SWORN TO AND SUBSCRIBED before me this 15 day of May. 2009 Notary EAL [=:M=A LLINS lic RLAND COUNTYApr 28, 2010 vs" ntm itdrj,i xO. 12 Writ No. 2008-5890 Civil M & T Bank VS. Gina Marie Wiskemann a/k/a Gina M. Wiskemann Atty.: Michael T. McKeever ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest corner of Oxford Drive and Lancaster Boul- evard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by the westerly side of Lan- caster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10; thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 110 feet to a point at the westerly line of Lower Allen Township; thence by s W Mae nor* 41 gees 38 rahmtea awsst 75 JIM to a priest at the line 1Momm Lats Nos. 3 and 4, B 06k N, fta 10; thence by said &WOM kne 45 dwgl em 22 minutese" 110 Im to a print on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lan- caster Boulevard, Mechanicsburg, Pennsylvania. UNDER AND SUB.IECT, never- theless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemann and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and in- tended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL #: 13-24-0793- 155. PROPERTY ADDRESS; 150 LAN- CASTER BOULEVARD, MECHAN- ICSBURG, PA 17055. MUNICIPALITY: LOWER ALLEN TOWNSHIP. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot•News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 4( 05/01/09 05/08/09 1 :? hb dC ........... Sworn to n bscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA lcta ri ai S¢a! Sherrie L Kisw, Itotary Public City Of warnaburg, Dauphin Courtly My Convniamr, Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 12 Writ No. 2006.6890 Civil Term M &T Bank VS Gina Marie Wiskemann, a/k!a Gins M. Wlskemann Attorney Michael T. McKeever LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situ*d in Lower Allot Township, Cumberland County, Pennsylvania, more puubcularly bounded and described as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest corner of Oxford Drive and Lancaster Boulevard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by the westerly side of Lancaster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10; thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 110 feet to a point at the westerly line of Lower Allen Township; thence by said line north 44 degrees 38 minutes west 75 feet to a point at the dividing line between Lots Nos. 3 and 4, Block N, Plan 10; thence by said dividing line north 45 degrees 22 minutes east 110 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lancaster Boulevard Mechanicsburg, Pennsylvania, UNDER AND SUBJECT, nevertheless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemamu and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL. #: 13-24-0793-155 i*OPERTY ADDRESS; 150 LANCASTER BOULEVARD, MECHANICSBURG, PA 7055 MUNICIPALITY: LOWER ALLEN TOWNSHIP ?f-t Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attbmey I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5890 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 150 Lancaster Boulevard Mechanicsburg, PA 17055 I.Name and address of Owner(s) or Reputed Owner(s): GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 2. Name and address of Defendant(s) in the judgment: GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 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: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 ALLFIRST BANK 25 South Charles Street Baltimore, MD 21201 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 150 Lancaster Boulevard Mechanicsburg, PA 17055 (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: January 3, 2009 k I? m ? A J 1( If ^ trA GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-5890 G&DRECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5890 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: WISKEMANN, GINA MARIE Wa GINA M. WISKEMANN a/k/a GINA WISKEMANN OINA MARIE WISKEMANN a/k/a MINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 Your house at 150 Lancaster Boulevard, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in. Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $126,385.89 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. IN THE COURT OF COMMON PLEAS 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. 08-5890 You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httu://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-5890 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htip://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna jzoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71680FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest corner of Oxford Drive and Lancaster Boulevard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by the westerly side of Lancaster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10; thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 110 feet to a point at the westerly line of Lower Allen Township; thence by said line north 44 degrees 38 minutes west 75 feet to a point at the dividing line between Lots Nos. 3 and 4, Block N, Plan 10; thence by said dividing line north 45 degrees 22 minutes east 110 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lancaster Boulevard Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemann and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL #: 13-24-0793-155 PROPERTY ADDRESS; 150 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 MUNICIPALITY: LOWER ALLEN TOWNSHIP WRIT OF EXECUTION and/or ATTACHMENT CQN4MONWEALTH OF PENNSYLVANIA) NO 08-5890 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,385.89 L.L. $.50 Interest from 1/06/09 to Date of Sale per diem at $15.64 Atty's Comm % Due Prothy $2.00 Atty Paid $311.93 Other Costs to be added Plaintiff Paid Date: 1/06/09 Curtis Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # 12 On January 16, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 150 Lancaster Boulevard, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 16, 2009 By: jatj I -Cl- Z7uLj? 01?-? ?- Ndr ?aaz ????: ss z ci ?V e ? ' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK I Fountain Plaza Buffalo, NY 14203 vs. Plaintiff GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5890 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 07/25/2009 to Date of Sale per diem at $15.64 (Costs to be added) $126,385.89 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff z H FA f ? a a U , cc c? ? ? O W zZ o od O °O W C4 " > ? W p ? .n C H°O ? V 0 _ U Con za o o tb w w z ? a 7 a? N U EH U dv N U Y N u ^" ? N 4 Cd o? ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest corner of Oxford Drive and Lancaster Boulevard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by tlfe westerly side of Lancaster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10; thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 110 feet to a point at the westerly line of Lower Allen Township; thence by said line north 44 degrees 38 minutes west 75 feet to a point at the dividing line between Lots Nos. 3 and 4, Block N, Plan 10; thence by said dividing line north 45 degrees 22 minutes east 110 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lancaster Boulevard Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemann and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL #: 13-24-0793-155 PROPERTY ADDRESS: 150 LANCASTER BOULEVARD. MECHANICSBURG, PA 17055 MUNICIPALITY: LOWER ALLEN TOWNSHIP '- FILEry-iGE {}F TNc F" TV:?r?l?Tt\RY 2009 JUL 21 PM 4'- 01 i?ltli k ,a''gfy rq if b Iq - 00 09 i ter 101, t 6r . P?- 4?-0 4 -S Wytl0 0-0 uo 'owd IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Gina M. Wiskemann Debtor(s) M&T BANK VS. Gina M. Wiskemann Charles J. DeHart, III Esq. Moving Party Debtor(s) Trustee ORDER CHAPTER 13 NO. 09-03817 MDF 11 U.S.C. Section 362 and 1301 Upon consideration of Movant's Motion for Relief from the Automatic Stay, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under 11 U.S.C. Sections 362 and 1301 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. 11 U.S.C. Sections 362 and 1301 (if applicable), are modified to allow M&T BANK and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 150 Lancaster Boulevard Mechanicsburg, PA 17055 and a possessory action if necessary. The stay provided by Bankruptcy Rule 4001(a)(3) has been waived. Movant may, at its option, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/ loss mitigation agreement. The moving party may contact the debtor(s) via telephone or written correspondence to offer such an agreement. By the Court, p ' Jude (JDK) Dated: July 20, 2009 This document is electronically signed and filed on the same date. Case 1:09-bk-03817-MDF Doc 17 Filed 07/20/09 Entered 07/20/09 10:36:32 Desc Main Document Page 1 of 1 CF TH ? f u TfiRY 2009 JUL 2 7 PM 4? 0 t c tv l ' Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5890 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 150 Lancaster Boulevard Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): GINA MARIE WISKEMANN a./k/a GINA M. WISKEMANN 1515 High Pointe Drive. Apartment C Harrisburg, PA 17110 2. Name and address of Defendant(s) in the judgment: GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 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: ALLFIRST BANK 25 South Charles Street Baltimore, MD 21201 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OC:ALA, FL 34474 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 150 Lancaster Boulevard Mechanicsburg, PA 17055 (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: July 24, 2009 GOLDBECK McC ERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff FLED -t,FPLE OF THE P. fil'ir=C'NOTARY 2009 JUL 27 PM 4: 01 08-5890 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK I Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s' , of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5890 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: WISKEMANN. GINA MARIE a%k a GINA M. WISKEMANN a'k'ii GINA WISKEMANN GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 Your house at 150 Lancaster Boulevard, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of S 126,385.89 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. IN THE COURT OF COMMON PLEAS 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. 08-5890 You may also be able to stop the sale through other legal proceedings. 4. 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.pliiladelphiafed.or2/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-5890 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71680FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. RLED-t` FICE OF THE PRC `CINC)TARY 2009 JUL 27 PM 4: 0 { 'cNNSYL1CANJ Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff IN THE COURT OF COMMON PLEAS vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-5890 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, 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. A?ch?el T. McKeever Attorney for plaintiff ALED--0F-ECM OF THEE PPO7r2r NOTARY 2009 JUL 21 PH 4: 01 CUPS ''LINTY SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 150 Lancaster Boulevard Mechanicsburg, PA 17055 SOLD as the property of GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN TAX PARCEL #13-24-0793-155 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-5890 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK Plaintiff (s) From GINA MARIE WISKEMANN A/K/A GINA M. WISKEMANN (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 garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,385.89 L.L. Interest FROM 7/25/2009 TO DATE OF SALE PER DIEM AT $15.64 Atty's Comm % Due Prothy $2.00 Atty Paid $1,231.29 Other Costs TO BE ADDED Plaintiff Paid Date: 7/27/09 41A. Curtis R. L t not (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQ. Address: MELLON INDEPENDENCE CENTER SUITE 5000 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 M&T BANK 1 Fountain Plaza. Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) 71680FC CF: 10/02/2008 SD: 01/06/2010 $126,385.89 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) E-2 Term C - - .- . No. 08-5890 - - R ?-? - G lily-_ 1 C IU m try' ?? Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sherift Offi ekompetent adult (copy of return attached). Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, 1i_ BY: Michael T. McKeever, Esquire Attorney for Plaintiff p r o CD oQ I N ? AD A r 0 4 ro19 C4 CD (30 r 40* N W oO C { O p a o 'Z 4 O ? O ? z a ? - d a' U OC r o0 v O 7 al ~' ci a a Z 'U Q r z B yy r 1 c ri'g` z"` Ucm Zr z?N N $ C. ul Z ?^ tt s °+a is A PA x Z Z' CA QNCD u-?a ro o'c m E CD E .a ? vEE o 0 L C,, pC7C1U d w a LL. a CO 7 CD U3 i O ! O Cz'- a $ U N4 ?? o Yom w? a z :tg U U C9 o ?o 0000 p do o n¢ m'r i a+ o CL o io a' Cz pppy N ? 'Q ? q m 6 E N u. 11.1 ? Q .5v U. 0 o Q o a.0. z Y. o?Q-- m O ?lii tD `6 Q W [V C-i v Z??OQ? ProVest - Affidavit Page 15 of 27 11111111111111 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA, M&T BANK; et seq. Plaintiff (Petitioaer) CASE and/or DOCKET No.: 08-5890 Sheriffs Sale Date: 011102010 V. GINA MARIE WISKEMANN A/K/A GINA M. WISKEMANN; et al Defendant (Respondent) AFFIDAVIT OF SERVICE Complaint Sammons J Other. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY I, RYAN MARKS, certify that I am eighteen yeas of age or older and that 1 am not a party to the action nor an employee nor relative of a party , and that I saved and made known to the person saved, GINA MARIE WISKEMANN AWA GINA M WISKEMANN; et al. the above process on the 8 day of Decanber, 2009, at 11:05 o'clock, AM, al 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110, County of Cumberland, Commonwealth of Pennsylvania: Maaaer of Service: By banding a copy at the residence of the Defendant(s) to an adult member of the family with wham he/she resides or to the adult person in charge of the residence because no adult family member was found' By banding a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other phut of lodging at which he/she resides « By ban ing a copy at the office or usual place of business of the Defendant(s) to the Defendaurs(s') agent or to the person for the time being in charge • Name: ALISHA-W-MMANN ReladonshiptTitle/Position. EMUOAu Remarks: Description: APProximate Age JL-20 Height l" Weight 13Q Race WHITE Sex EW-ALE Hair BROWN Military Status: J No Yes Branch: Commonwealth of Pennsylvania ) County of Cumberland ) Before me, the undersigned unary public, this day, personally, appeared r' k s according to law, deposes the following: to me known, who being day sworn I hereby swear or a" fiat the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Atrwrt) Subscribed and sworn to?bef,o,r?e me this X dsy of L? 20Q-!?_ File Number. Notary Public UYIIN[A WROMMS 0161" ad Tang A. 1 1 a A ttMY P k ftd*gba Top., @8ft?r ft" am L =13, 1 https://www.provest.uslpsofficelUnderProcess.aspx?RequestID--db8fSdcf-4533-4c71-8x23-e98f9... 12/8/2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T BANK 1 Fountain Plaza. Buffalo, NY 14203 vs. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Term No. 08-5890 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 150 Lancaster Boulevard Mechanicsburg, PA 17055 I.Name and address of Owner(s) or Reputed Owner(s): GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 2. Name and address of Defendant(s) in the judgment: GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 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: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. P.O. Box 2026 Flint, MI 48501 ALLFIRST BANK 25 South Charles Street Baltimore, MD 21201 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 150 Lancaster Boulevard Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: December 17, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ody S Smith Chief Deputy Edward L Schorpp Solicitor 2010I+,llR I I `i i 3. 17 M & T Bank vs. Gina Marie Wiskemann SHERIFF'S RETURN OF SERVICE Case Number 2008-5890 09/28/2009 07:57 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9/28/09 at 1957 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gina Marie Wiskeman, located at, 150 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Gina Marie Wiskemann a/k/a Gina M. Wiskemann, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/20/2009 Dauphin County Return and now the, 2nd day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon Gina Marie Wiskemann, a/k/a Gina M. Wiskemann, the defendant, by making known unto Mistee Lee, Authorized Agent at Defendants Attorney's office of Purcel, Krug and Haller, at 1719 North Front Street, Harrisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: B. Hunter, Deputy Sheriff of Dauphin County, Pennsylvania. 12/01/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property sale postponed to 2/3/2010. 02/03/2010 Ronny R. Anderson, 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 February 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael T. McKeever, on behalf of, M & T Bank, 1 Fountain Plaza, Buffalo, NY, 14203, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1042.80 SHERIFF COST: $1,042.80 SO ANSWERS, 7 w r?. February 17, 2010 RN R W ANDERSON, SHERIFF /y 713 4 ? . ta.q .? ... ,eft. Inc. I 4- Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN (Mortgagor(s) and Record Owner(s)) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5890 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 150 Lancaster Boulevard Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): GINA MARIE WISKEMANN a/k/'a GINA M. WISKEMANN 1515 High Pointe Drive.. Apartment C Harrisburg. PA 17110 2. Name and address of Defendant(s) in the judgment: GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C Harrisburg, PA 17110 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: e l ALLFIRST BANK 25 South Charles Street Baltimore. MD 21201 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC 3300 SW 34TH AVENUE SUITE 101 OCALA. FL 34474 MERS AS NOMINEE FOR WILMINGTON FINANCE INC. P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 150 Lancaster Boulevard Mechanicsburg, PA 17055 (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. DA "I FD: July 24, 2009 GOLDBECK McC ERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff a 08-5890 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN Mortgagor(s) and Record Owner(s) 150 Lancaster Boulevard Mechanicsburg, PA 17055 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5890 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: \VISKEMANN. GINA MARIE aka GINA M. WISKEMANN a ka GINA WISKEMANN GINA MARIE WISKEMANN a/k/a GINA M. WISKEMANN 1515 High Pointe Drive, Apartment C HarrisbUro, PA 17110 Your house at 150 Lancaster Boulevard, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $126,385.89 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. 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. IN THE COURT OF COMMON PLEAS 08-5890 You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: http:%%w\vw.philadelphiafed.ore/foreclosure/ YOU SHOULD "FAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 717-243-9400 08-5890 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or-717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention a,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 71680FC. Para informacion en espanol puede communicarse con Loretta a] 215-825-6344. ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest corner of Oxford Drive and Lancaster Boulevard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by tIfe westerly side of Lancaster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10: thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 1 10 feet to a point at the westerly line of Lower Allen Township; thence by said line north 44 degrees 38 minutes west 75 feet to a point at the dividing line between Lots Nos. 3 and 4, Block N, Plan 10; thence by said dividing line north 45 degrees 22 minutes east 1 10 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lancaster Boulevard Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemann and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL #: 13-24-0793-155 PROP ERTT :ADDRESS: 150 LANCASTER BOULEVARD. MECHANICSBURG_ PA 17055 MUNICIPALITY: LOWER ALLEN TOWNSHIP WRIT OF EXECUTION and/or ATTACHMENT . Z COMMONWEALTH OF PENNSYLVANIA) N008-5890 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK Plaintiff (s) From GINA MARIE WISKEMANN A/K/A GINA M. WISKEMANN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,385.89 L.L. Interest FROM 7/25/2009 TO DATE OF SALE PER DIEM AT $15.64 Atty's Comm % Due Prothy $2.00 Atty Paid $1,231.29 Plaintiff Paid Date: 7/27/09 (Seal) Other Costs TO BE ADDED Curtis R. , Prothonot By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQ. Address: MELLON INDEPENDENCE CENTER SUITE 5000 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 150 Lancaster Boulevard Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2009 B• Rea Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, October 23, 2009, October 30, 2009 and Viz November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 6 day of November, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2006-5890 Civil M &T Bank vs. Gina Marie Wiskemann, a/k/a Gina M. Wiskemann Atty: Michael T. McKeever ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the westerly side of Lancaster Boulevard which point is 392 feet in a southerly direction from the southwest comer of Oxford Drive and Lancaster Bou- levard at the dividing line between Lots Nos. 3 and 4, Block N, on the hereinafter mentioned plan of Lots; thence by the westerly side of Lan- caster Boulevard south 44 degrees 38 minutes East 75 feet to the southerly line of Lot No. 3, Block N, Plan 10: thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 45 degrees 22 minutes west 110 feet to a point at the westerly line of Lower Allen Township; thence by said line north 44 degrees 38 minutes west 75 feet to a point at the dividing line between Lots Nos. 3 and 4. Block N. Plan 10; thence by said dividing line north 45 degrees 22 minutes east 11 0 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, page 76. HAVING THEREON ERECTED a dwelling house known as 150 Lan- caster Boulevard Mechanicsburg. Pennsylvania. UNDER AND SUBJECT, never- theless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Ronald Mark Wiskemann and Gina Marie Wiskemann, his wife, by deed dated February 24, 2004, and in- tended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberl and County, Penn- sylvania, granted and conveyed unto Gina Marie Wiskemann. TAX PARCEL #: I 3-24-0793- 155. PROPERTY ADDRESS: 150 LANCASTER BOULEVARD, LIECHANICSBURG. PA 17055. MUNICIPALITY: LOWER ALLEN TOWNSHIP. The Patriot=News Co. ' '812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*0t'WX(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a. resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11/06/09 morn to an ubscribed beforme is 1 d of November, 2009 A.D. Notary Pu Ic COMMONWEALTH OF PENNSYLVANIA Notarial Seel Sherrie L. Kisner, Notary Public City Of Hamsburq; Dauphin County MY C=rrftsrr inxpiree Nov, 26, 2011 Member, Pennsylvania Assoclatlon of Notaries wrft No. 200641"0 CWH Term M & T tank VAR Pina Mario Wisksmann, *Wa Gkta M. W4skemann Atty: Nichoot . Kower ALL THAT CERTAIN lot of land situated in Lower Allen Township, Cmberland County, Pennsylvania, more particularly bounded and described as {plows, to wit: BEGINNING at a point on the westerly side of Lancaster Bmkvard which point is 392 feet in a sourly direction 'from the southwest corner of Oxford Drive and Lancaster Boulevard at 'the dividing line between Pats Nns. 3 and 4, Block N, on the hgvehutfter mentioned plan of Lots; thence by the westerly side of Lancaster Boulevard south 44 degnms 38 minutes East 75 feet to dw southerly fine of Lot No.3, Block N, Plan 10: thence in the southerly line of Lots Nos. 2 and 3, Block N, Plan 10 south 455 degrees 22 minutes west.110 feet to a point at the westerly line of Lower Allen mwnsbip, thence by said lime north 44 degrees 38 minutes west 75 fed to a,point at the dividing line between, Lots Nos. 3 -and 4. Block N. Plan i0; thence by said dividing line north 45 degrees 22 minutes east 11 0 feet to a point on the westerly side of Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 3, Block N, Plan 10, Orchard Crest Manor, which plan is recorded • in the Cumberland Cotmty:Recorder's Office in Plan BMk 16, page 76. HAVING THEREON ERECTED a dwelling house known as "150 Lancaster Boulm*d Mechanicsburg. Pennsylvania. UNDER AND SUBJECT, nevertheless to easements, conditions, restrictions, reservations, and rights of way of record. BEING the same premises which Rogow Mark Wiskemann and Gina Mane -Wiskomarm; his wife, by deed dated February 24, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Comberl and,County, Pennsylvania; granted and conveyed unto Gina Marie Wiiskegumn. TAX PARCEL #;I 3-24-0793-155 PROPERTY ADDRESS: 150 LANCASTER BOULEVARD, MECHANICSBURG. PA 17055 MUNICIPALITY: LOWER ALLEN TOWNSHIP COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M & T BANK is the grantee the same having been sold to said grantee on the 3RD day of FEB A.D., _ 2010, under and by virtue of a writ Execution issued on the 27TH day of JULY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5890, at the suit of M & T BANK against GINA MARIE WISKEMANN AKA GINA M WISKEMANN is duly recorded as Instrument Number 201006168. Cn `"' O ' N IN TESTIMONY WHEREOF, I have he eunto set my hand and seal of said office this day of N? ? ena