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HomeMy WebLinkAbout09-5294GOLDBECK 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 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. KRISTI JEAN CLARK PHYLLIS JEAN SMITH HAROLD RONALD SMITH Mortgagors and Record Owners 53 Brian Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Oq- 5aqy 3"i( CIVIL ACTION: MORMACE Term POW"IP nc"I In - 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 FERM 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 http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). 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,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 85057FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 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. 2. The names and addresses of the Defendants are KRISTI JEAN CLARK, 53 Brian Drive, Carlisle, PA 17015, PHYLLIS JEAN SMITH, 53 Brian Drive, Carlisle, PA 17015 and HAROLD RONALD SMITH, 53 Brian Drive, Carlisle, PA 17015, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On October 27, 2003 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 1845 Page 2931. The mortgage has been assigned to: M&T BANK by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. 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 April 01, 2009 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 ....................................................................................$93,511.05 Interest from 03/01/2009 through 07/31/2009 at 6.5000% .......................$2,547.44 Per Diem interest rate at $16.65 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,675.55 Late Charges from 04/01/2009 to 07/31/2009 ..........................................$1,156.05 Monthly late charge amount at $33.47 Costs of suit and Title Search ......................................................................$900.00 Pro Rata MIP/PMI .........................................................................................$76.62 Fees ..............................................................................................................$182.00 Monthly Escrow amount $202.04 $103,048.71 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 person am" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such r right exists. If Defendants have 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 has been sent to Defendants by certified mail, as required by Act 6 of 1974 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". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $103,048.71, together with interest at the rate of $16.65, 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. By: Ub UU A- uaiJ C i GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF .! VERIFICATION Christopher M. Zeis , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 7/14/09 Christo er M. Zeis Vice President #85057FC - KRISTI JEAN CLARK, PHYLLIS JEAN SMITH and HAROLD RONALD SMITH 53 Brian Drive Carlisle, PA 17013 Prepared By and Return To: Beth Gradel GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 0010047314 GMM File Number: 85057FC Parcel ID#: 40-23-0592-134A ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T MORTGAGE CORPORATION (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to M&T BANK. M&T BANK (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed KRISTI JEAN CLARK, PHYLLIS JEAN SMITH and HAROLD RONALD SMITH , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T MORTGAGE CORPORATION. Bearing date of October 27,2003; Amount Secured: $100,434.00; Recorded on November 19,2003; in Book 1845 Page 2931; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 53 Brian Drive, Carlisle, PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall bold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this 2 0 day of July , 2009. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T MORTGAGE CORPORATION (Affix Corporate Seal) Title: Alicia Oliver Banking Officer ss: STATE OF NEW YORK COUNTY OF ERIE BE IT REMEMBERED, that on this day of %IUJQ 2009, before me, the subscriber, a Notary Public My commission expires: 11 f ?? as O I hereby certify the address of the Assignee is: 1 Fountain Plaza, Buffalo,NY 14203 KATHERINE KRAUS Notary Publir, State New York ??/' n, , No. 01 KR6168154 Oualffied in Erie County Commission Expires June 11, 2011 0010047314 Case #: 85057FC CORPORATION officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. ExhibitA ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to a certain Plan showing the redivision of lot numbers 35, 36, 37, 40 and 41 of Jonathan Park prepared by Stephen G. Fisher, P.L.S. dated March 29, 1989 and recorded in Cumberland County Plan Book 58, page 16, as follows, to wit: BEGINNING at a point on the dedicated right of way of Brain Drive at the northeastern corner of Lot NO.38 as set forth in Cumberland County Book 56 page 115; thence along said Lot No. 38, South 85 degrees 50 minutes 55 seconds West 78 feet to an iron pin set; thence along lot no. 69 as set forth in Cumberland County Plan Book 56 page 115 North 4 degrees 9 minutes 5 seconds West 35 feet to an iron pin set; thence along lot no. 37B as set forth in Cumberland County Plan Book 58 page 16 North 85 degrees 50 minutes 55 seconds East 78 feet to an iron pin set-, thence along said Brian Drive south 4 degrees 9 minutes 5 seconds East 35 feet to an iron pin set, the point and place of beginning. BEING CPN 40-23-0592-134A I Certify this to be recorded In Cumberland County PA a Recorder of Deeds OK 1845PG294 I E.r,kidit B M&T Bank Understanding what's important' 7100 0000 0000 0050 3067 US POSTAL SERVICE RETURN RECEIPT FOR CERTIFIED MAIL May 12 , 2009 { SEND TO: PHYLLIS SMITH l 53 BRIAN ORIVE 4 CARLISLE PA 17013 FEES: Postage: 0.44 PHYLLI S J . SMITH Certified Fee: 2.60 Relem Reoaiot: 2 53 BRIAN DRIVE TOTAL: ! CARLISLE, PA 17013 POSTMARK or GATE RE: Mortgage No.: 0010047314 Mortgaged Premises: 53 Brian Drive Carlisle PA 17013 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): *** PLEASE NOTE *** This notice does not constitute an effort to collect on a duly and legally discharged bankruptcy filing. We are complying with the requirements of your particular loan and the investor reporting guidelines thereby. We are affording you this courtesy in order that you may avoid the foreclosure of your property. The mortgage held or serviced by M&T Bank (hereinafter we, us or ours) on your property located at 53 Brian Drive Carlisle PA 17013, is in serious default because you have not made the payments since 04-01-09 through today, as noted below under (A), and un aid late charges under (B) and other charges, if any, under (C) noted below, have also accrued to this date. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is calculated below under (D): (A) Payments of $ 836.85 from 04-01-09 to the date of this letter and each payment thereafter. $ 1673.70 (B) Late Charges $ 1089.11 (C) Other Charges $ 115.00 (D) Total Amount Required as of this Date. $ 2877.81 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a• click away. www.nnftoom FM M&T Manic Understanding what% important, You may cure this default within 30 days of the date of this letter, by paying to us the above amount of: $ 2877.81 plus any additional payments and late charges which may fall due during this period. Any additional payments and late charges will accrue at the amounts set forth above. Such payments must be made either by Cash, Cashier's Check, Certified Check or Money Order, and made payable to: M&T Bank 1 Fountain Plaza\7th Floor Attn: Payment Processing Buffalo, NY 14203 Telephone: 1-800-724-1633 Facsimile: (716) 848-3501 If you do not cure the default within 30 days, your entire mortgage debt may be accelerated. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to pay off the original mortgage in monthly installments. If full payments of the amount of default is not made within 30 days, legal counsel may start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff or other similar official to pay off the-mortgage debt. If you cure the default before legal proceedings. begin against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe the lender, which may include our reasonable costs. If you cure the default within the 30 day period you will not be required to pay attorney's fees. The Lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uV to one (1) hour before the Sheriff's or other similar official s foreclosure sale.. You may do so by paying the Total Amount of the unpaid monthly payments plus any late or other charges.then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's or other similar official's sale could be held would be approximately seven (7) months from today. A notice of the date of the Sheriff's or similar official'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. LCL940 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away. www,mth.com M&T Manic Understanding what's important' Mortgage No.: 0010047314 You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-724-1633 This payment must be Cash, Cashier's Check,.Certified Check or Money Order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will end'your ownership of the mortgaged property and your right to remain in it. If you continue to live in the pro ert after the Sheriff's or other similar official's sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. You 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. You may have.the right to sell or transfer the property subject to the mortgage to a.buyer or trnasferee 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 under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633. Sincerely, CL912 1 800 724 1633 ' Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a dick away. www.mth.com 22 M&T Bank Understanding what's important s 7100 0000 0000 0060 5050 US POSTAL SERVICE RETURN RECEIPT May 12 , 2009 } FOR CERTIFIED MAIL j SEND TO: J HAROLD SMITH 53 BRIAN DRNE 1 CARLISLE PA 17013 FEES: HAROLD R. SMITH Poslape 44 =Fee: 280 53 BRIAN DRIVE Return Receipt 230 ' CARLISLE, PA 17 013 TOTAL: us4 POSTMARK or DATE RE : Mortgage No. :. 0010047314 ' °? ?t•m, ?.c,..Zoq Mortgaged Premises: 53 Brian Drive Carlisle PA 17013 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): *** PLEASE NOTE *** This notice does not constitute an effort to collect on a duly and legally discharged bankruptcy filing. We are complying with the requirements of your particular loan and the investor reporting guidelines thereby. We are affording you this courtesy in order that you may avoid the foreclosure of your property. The mortgage held or serviced.by M&T Bank (hereinafter we, us or ours) on your property located at 53 Brian Drive Carlisle PA 17013, is in serious default because you have not made the payments since 04-01-09 through today, as noted below under (A), and unpaid late charges.under (B) and other charges, if any, under (C) noted below, have also accrued to this date. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is calculated below under (D): (A) Payments of $ 836.85 from 04-01-09 tb the date of this letter and each payment thereafter. $ 1673.70 (B) Late Charges $ 1089.11 (C) Other Charges $ 115.00 (D) Total Amount Required as of this Date. $ 2877.81 1 800 7241633 • Payment ProceSSIng - P.O. Box 62182, BaRimore, MD 21264-2182 Mortgage account information, just a crick away. www.mtb.oom M&T Bank Understanding what's important' You may cure this default within 30 days of the date of this letter, by paying to us the above amount of: $ 2877.81 plus any additional payments and late charges which may fall due during this period. Any additional payments and late charges will accrue at the amounts set forth above. Such payments must be made either by Cash, Cashier's Check, Certified Check or Money Order, and made payable to: M&T Bank 1 Fountain Plaza\7th Floor Attn: Payment Processing Buffalo, NY 14203 Telephone: 1-800-724-1633 Facsimile: (716) 848-3501 If you do not cure the default within 30 days, your entire mortgage debt may be accelerated. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to pay off the original mortgage in monthly installments. If full payments of the amount of default is not made within 30 days, legal counsel may start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortga ed property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before legal proceedings. begin against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe the lender, which may include our reasonable costs. If you cure the default within the 30 day period you will not be required to pay attorney's fees. The Lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you still have the right to cure-the default and prevent the sale at any time u? to one (1) hour before the Sheriff's or other similar official s foreclosure sale. You may do so by paying the Total Amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's or other similar official's sale could be held would be approximately seven (7) months from today. A notice of the date of the Sheriff's or similar official'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. LCL940 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a click away. www.mth.com M&T Bank Understanding what's importane Mortgage No.: 0010047314 You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-724-1633 This payment must be Cash, Cashier's Check, Certified Check or Money Order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official's sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a.default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. You 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. You may have the right to sell or transfer the property subject to the mortgage to a buyer or trnasferee 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 under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633. Sincerely, CL912 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a click away. www.mlb.com M&d Bank ? 7100 0900 0000 0060 5043 Understanding what's important' US POSTAL SERVICE RETURN RECEIPT FOR CERTIFIED MAIL SEND TO: KRISTI CLARK 53 BRIAN DRIVE May 12, 2009 CARLISLE PA 17013 I FEES: Postege: 0.44 Certified Fee: 2110 RS um Receipt: 2.30 TOTAL: $5.54 POSTMARK or DATE Kristi J. Clark 53 Brian Drive Carlisle, PA 17013 PS Form 3800, AWH 199.5 RE: Mortgage No.: 0010047314 Mortgaged Premises: 53 Brian Drive Carlisle PA 17013 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): *** PLEASE NOTE *** This notice does not 'constitute an effort to collect on a duly and legally discharged bankruptcy filing. We are complying with the requirements of your particular loan and the investor reporting guidelines thereby. We are affording you this courtesy in order that you may avoid the foreclosure of your property. The mortgage held or serviced by M&T Bank (hereinafter we, us or ours) on your property located at 53 Brian.Drive Carlisle PA 17013, is in serious default because you have not made the payments since 04-01-09 through today, as noted below under (A), and unpaid late charges under (B) and other charges, if any, under (C) noted below, have also accrued to this date. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is calculated below under (D): (A) Payments of $ 836.85 from 04-01-09 to the date of this letter and each payment thereafter. $ 1673.70 (B) Late Charges $ 1089.11 (C) Other Charges $ 115.00 (D) Total Amount Required as pf this Date. $ 2877.81 1 800 724 1633 - Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a c#ck away. www.mtb.com P?1 M&'T Dank Understanding what'. important' You may cure this default within 30 days of the date of this letter, by paying to us the above amount of: $ 2877.81 plus any additional payments and late charges which may fall due during this period. Any additional payments and late charges will accrue at the amounts set forth above. Such payments must be made either by Cash, Cashier's Check, Certified Check or Money Order, and made payable to: M&T Bank 1 Fountain Plaza\7th Floor Attn: Payment Processing Buffalo, NY 14203 Telephone: 1-800-724-1633 Facsimile: (716) 848-3501 If you do not cure the default within 30 days, your entire mortgage debt maybe accelerated. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to pay off the original mortgage in monthly installments. If full payments of the amount of default is not made within 30 days, legal counsel may start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before legal proceedings. begin against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney s fees will be added to whatever you owe the lender, which may include our reasonable costs. If you cure the default within the 30 day period you will not be required to pay attorney's fees. The Lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uV to one (1) hour before the Sheriff's or other similar official s foreclosure sale. You may do so by paying the Total Amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's or other similar official's sale. could be held would be approximately seven (7) months from today. A notice of the date of the Sheriff's or similar official'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. LCL940 1 800 724 1833 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a click away. www.mib.com M&'T Bank Understanding what's important' Mortgage No.: 0010047314 You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-724-1633 This payment must be Cash, Cashier's Check, Certified Check or Money Order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will and your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official's sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. You 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. You may have the right to sell or transfer the property subject to the mortgage to a buyer or trnasferee 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 under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. If ou have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633. Sincerely, CL912 1 800 7241633 • Payment Processing - P.O. Box 82182, Baltimore, MD-21264-2182 Mortgage account information, just a click away. www.mtb.com 0 n4 _ i? *78.50 Pb -ATN ?8(o4d Sheriffs Office of Cumberland County R Thomas Kline Sheriff ti?titn et CYiulb,rrf Ronny R Anderson ?4t th? Chief Deputy ' ?'Y Jody S Smith Civil Process Sergeant OFFICE OP rHG S-EP.IrR Edward L Schorpp Solicitor s 2Cigq AUG -G 9: 29 rhp r M & T Bank vs. Phyllis Jean Smith SHERIFF'S RETURN OF SERVICE Case Number 2009-5294 08/01/2009 12:49 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2009 at 1249 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Harold Ronald Smith, by making known unto Phyllis Smith, wife of defendant at 401 Garland Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/01/2009 12:49 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2009 at 1249 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Phyllis Jean Smith, by making known unto herself personally, defendant ai 401 Garland Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/01/2009 08:13 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2009 at 0813 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kristi Jean Clark, by making known unto Kristi Jean Clark, adult in charge at 53 Brian Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $70.80 SO ANSWERS, August 03, 2009 R THOMAS KLINE, SHERIFF /'//n eputy Sheriff In the Court of Common Pleas of Cumberland County M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle. PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 09-5294 Civil term 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 KRISTI JEAN CLARK, PHYLLIS SMITH and HAROLD RONALD SMITH by default for want of an Answer. Assess damages as follows: Debt Interest from 09/19/2009 to Date of Sale per diem at $16.65 Total (Assessment of Damages attached) $103,111.36 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 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW ARDO? Judgment is entered in favor of M&T BANK and against KRIS TI J N CLARK, HYLLIS SMITH and HAROLD RONALD SMITH by default for want of an Answer and damages assessed in the sum of $103,111.36 as per the above certif 'on. Pr onotary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T BANK I Fountain Plaza Buffalo, NY 14203 Plaintiff vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagors and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 Defendant(s) No. 09-5294 Civil term 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-captione tier h er d against you. u ong Prothonotary By: Deputy 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 85057FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 25, 2009 TO: PHYLLIS SMITH SMITH, PHYLLIS 53 Brian Drive Carlisle, PA 17013 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 TO: PHYLLIS SMITH 53 Brian Drive Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-5294 Civil term 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 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 85057FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 25, 2009 TO: HAROLD RONALD SMITH SMITH, HAROLD RONALD 53 Brian Drive Carlisle, PA 17013 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 TO: HAROLD RONALD SMITH 53 Brian Drive Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-5294 Civil term 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 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 85057FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 25, 2009 TO: KRISTI JEAN CLARK CLARK, KRISTI JEAN 53 Brian Drive Carlisle, PA 17015 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 TO: KRISTI JEAN CLARK 53 Brian Drive Carlisle, PA 17015 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-5294 Civil term 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' b 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 85057FC THIS LAW FIRM IS A DEBTCOLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 25, 2009 TO: PHYLLIS SMITH SMITH, PHYLLIS 401 Garland Drive Carlisle, PA 17013 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 VS. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 TO: PHYLLIS SMITH 401 Garland Drive Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-5294 Civil term 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 L FGAL SERVICI{S INC' Y 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 85057FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 25, 2009 TO: HAROLD RONALD SMITH SMITH, HAROLD RONALD 401 Garland Drive Carlisle, PA 17013 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 TO: HAROLD RONALD SMITH 401 Garland Drive Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Tenn No. 09-5294 Civil term 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 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 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, KRISTI JEAN CLARK, is about unknown' years of age, that Defendant's last known residence is 53 Brian Drive Carlisle, PA 17015, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 711-2107 -- 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, HAROLD RONALD SMITH, is about unknown years of age, that Defendant's last known residence is 401 Garland Drive Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. ?--- Date: 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 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record owner(s)) 53 Brian Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-5294 Civil term ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK, and against KRISTI JEAN CLARK, PHYLLIS SMITH and HAROLD RONALD SMITH 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 $103,111.36. 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 KRISTI JEAN CLARK, 53 Brian Drive Carlisle, PA 17015, PHYLLIS SMITH, 401 Garland Drive Carlisle, PA 17013 and HAROLD RONALD SMITH, 401 Garland Drive Carlisle, PA 17013; GOLDBECK McCAFFERTY & McKEEVER 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 03/01/2009 through 09/18/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 1 X $202.04 Pro Rata MIP/PMI Fees $93,511.05 $3,363.29 $4,675.55 $200.81 $900.00 $202.04 $76.62 $182.00 $103,111.36 G DBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this cZIS+ day of J>f??`F+ 2009 damages are assessed as above. o Prothy FILED ?, 3 CF THE P " I F ' 'w ,I TARP 1609 SEP 21 Pty 2: 5 4 0U J: V/q. ad ?CK-X4 3?8a4s 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. Plaintiff KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH Mortgagor(s) and Record Owner(s) 53 Brian Drive Carlisle, PA 17013 TO THE PROTHONOTARY: Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-5294 Civil term PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount Due Interest from 09/19/2009 to Date of Sale per diem at $16.65 (Costs to be added) $103,111.36 GOLDBECK MCCAFFERTY & McKEEVER BY: Michael 1'. McKeever Attorney for Plaintiff Q c° O ? a C) ' CA J .Z?Qa, ?w 4o w? ?N ?F Q ??' x R 25 a) v? o? "awl ?`? o i o'o N 0o z°x° wd U Z Q?o a nW, l 1 C- ! ?..? r y J 1, in ?? N T w LL" IQ 0 I M rv -- Q Q O cA of ?,:Y ?. I cY . w% I LL TMs" CE5.1'MN tract of land with the irrprovements thereon erected situ ste in South Midcll.eton Township, Cumberland County, Pennsylvania, bounded and deacribed according to a certain Plen showing the redi.vision of lot numbers 35. 36, 37, 40 and 41 of Jcna.than Park prepared by Stephen G. Fisher, P.L.S., dated March 29, 1959 and recorded in Cumberland County Plan Book 58, Page 16, as follows, to wit: BSCIINKING at a point on the dedicated right of way of Brian drive at. the ncertheastorn coxnex of Lot No. 38 as Heat forth J.a Cusabexland County Rook 55, Pare 115; thence along eAid Lot No. 38, South 85 degrees 50 Minutee SS eel West 78 , 00 feet to an iron pin set j thence along Lot No. 69 as set forth in Cumberland County Plan -Sock 56, Page 116, North 09 degrees 09 minutiae fly seconds Waigt 35.00 feet to an iron pin seta thane along TjOt NO. 37B ae act forth in Cu, rland County Plaza Dook 59, Page 16, worth 85 degrees SO tninutea 55 secoddsss East 76-00 feet to an iron pica set; thence along said Brian Drive, soutl%. 04 degrees 09 minutes 05 seconds East 35.OG feet to an iron pin act,, the point and place of sZGxiWxNG, REim 14t No. 372k on the radivisi,on of lot nursers 35, 36, 37, 40 and 41 cif Jonathan Park and containing 2,730 square feet. UNM SVBJ7C'T to a. Decl,azation of cavena nts and Restrictions for Jonatba'! Park r or4ed in the Office aforesaid in Miscellaneous hook 321, Pane 292, TAX PARCEL #40-23-0592-134A BEING KNOWN AS: 53 Brian Drive, Carlisle, PA 17013 i 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. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH (Mortgagor(s) and Record Owner(s)) 53 Brian Drive Carlisle, PA 17013 Defendant(s) AVFIDAVIT PURSUANT TO RULE 3129 No. 09-5294 Civil term 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: 53 Brian Drive Carlisle, PA 17013 LName and address of Owner(s) or Reputed Owner(s): KRISTI JEAN CLARK 53 Brian Drive Carlisle, PA 17015 PHYLLIS SMITH 401 Garland Drive Carlisle, PA 17013 HAROLD RONALD SMITH 401 Garland Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: KRISTI JEAN CLARK 53 Brian Drive Carlisle, PA 17015 PHYLLIS SMITH 401 Garland Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE HAROLD RONALD SMITH 401 Garland Drive Carlisle, PA 17013 f Or- 3. M me and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be 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 53 Brian Drive Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: September 18, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff FILED-O FICI OF THE_ Pi9,"[-`CNQTARY 2009 SEP 2 ! PAM 2: 5 4 k re=f i i'; L ,I/ 09-5294 Civil teen 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 Plaintiff VS. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH Mortgagor(s) and Record Owner(s) 53 Brian Drive Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-5294 Civil term 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: SMITH, PHYLLIS PHYLLIS SMITH 53 Brian Drive Carlisle, PA 17013 Your house at 53 Brian Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $103,111.36 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: IN THE COURT OF COMMON PLEAS 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. 09-5294 Civil term 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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. 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 09-5294 Civil term 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 homeretentionngoldbecklaw.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 85057FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ()r' VE Fir 2a5g SEP 21 Hit 2: Cu v ?'„? a.1?k.ur C'1: V 09-5294 Civil teen 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 vs. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH Mortgagor(s) and Record Owner(s) 53 Brian Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-5294 Civil term Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, HAROLD RONALD HAROLD RONALD SMITH 53 Brian Drive Carlisle, PA 17013 Your house at 53 Brian Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $103,111.36 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: I . 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. ti 09-5294 Civil term 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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. 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 W4 09-5294 Civil teen 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. asspx. 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 homeretentionggoldbecklaw.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 85057FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. r- FILEC J 1? Y OF THE 2009 SP 21 X111 2.5=-r r? l1 !? Lei'-?41 v. r/ >> 09-5294 Civil term 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. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH Mortgagor(s) and Record Owner(s) 53 Brian Drive Carlisle, PA 17013 Defendant(s', IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-5294 Civil term 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: CLARK, KRISTI JEAN KRISTI JEAN CLARK 53 Brian Drive Carlisle, PA 17015 Your house at 53 Brian Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $103,111.36 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. .0- 09-5294 Civil term 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 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.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 AW 09-5294 Civil term 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 homeretentionggoldbecklaw.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 85057FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Fil OF THE PR U '""'NOTARY 2009 SEP 21 PH 2: 5 4 09-5294 Civil tenn 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. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH Mortgagor(s) and Record Owner(s) 53 Brian Drive Carlisle, PA 17013 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-5294 Civil term 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: SMITH, PHYLLIS PHYLLIS SMITH 401 Garland Drive Carlisle, PA 17013 Your house at 53 Brian Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $103,111.36 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 I - 866-413-2311. 2. You may be able to stop the sale by tiling 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. P 09-5294 Civil term 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. 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: htip://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 09-5294 Civil term 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.g_ov_ 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 8505717C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ABED-OFFICE OF THE R?C` H,,"s JOTARY 2009 SEP 21 Psl 2: 5 4 09-5294 Civil term 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. KRISTI JEAN CLARK PHYLLIS SMITH HAROLD RONALD SMITH Mortgagor(s) and Record Owner(s) 53 Brian Drive Carlisle, PA 17013 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tetra No. 09-5294 Civil term 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: SMITH, HAROLD RONALD HAROLD RONALD SMITH 401 Garland Drive Carlisle, PA 17013 Your house at 53 Brian Drive, Carlisle. PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $103,111.36 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. 09-5294 Civil term 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: http://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 09-5294 Civil term 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.g_ov_ 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 homeretentionggoldbecklaw.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 85057FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. FILED-uF SCE OF THEE' 2009 SEP 2 ! P?l 2: 5 ? G!M t E 1`r I Y VA'`w ,'; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5294 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From KRISTI JEAN CLARK, PHYLLIS SMITH AND HAROLD RONALD SMITH (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 $103,111.36 L.L. $.50 Interest FROM 9/19/2009 TO DATE OF SALE PER DIEM AT $16.65 Atty's Comm % Atty Paid $189.80 Plaintiff Paid Date: SEPTEMBER 21, 2009 (Seal) Due Prothy $2.00 Other Costs 14 1 , 1J 1'. C s R. Long, o By: REQUESTING PARTY: Name MICHAEL T. M`CKEEVER, ESQ. Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Deputy Telephone: 215-627-1322 Supreme Court ID No. 56129