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HomeMy WebLinkAbout09-6568GOLDBECK 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 SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 VS. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS Plaintiff OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Terns No. OQ -(o5WO' ivy t Tem Defendants CIVIL AC77ON MORTGAGS F0R1F(,'I_0'0tJ : Rl= 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, 0 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 PROVEER.E 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 hilp://www.phfa.orp-/consumers/homeowners/real.gMx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: hLtp://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 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 81177FC. 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 S/B/M MANUFACTURERS & TRADERS TRUST COMPANY, 1100 Wehrle Drive, 2nd Floor Williamsville, NY 14221. 2. The names and addresses of the Defendants are SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased, 1101 Drexel Hills Boulevard, New Cumberland, PA 17070 and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, 1101 Drexel Hills Boulevard, New Cumberland, PA 17070. LOUISE J. BURKE died on July 13, 2008 Intestate and is survived by Her Heir-At-Law, SHAWN D. BURKE. On August 23, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MANUFACTURERS & TRADERS TRUST COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1922 Page 2752. 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 November 14, 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 .................................................................................... $98,980.41 Interest from 10/14/2009 through 11/14/2009 at 4.5200% ..................... .....$380.06 Interest from 11/15/2009 through 12/14/2009 at 3.8100% ..................... .....$309.90 Interest from 12/15/2009through 01/14/2009 at 3.8200% ...................... .....$321.16 Interest from 01/15/2009 through 02/14/2009 at 2.7600% ..................... .....$231.88 Interest from 02/15/2009 through 03/14/2009 at 3.0600% ..................... .....$232.40 Interest from 03/15/2009 through 04/14/2009 at 3.1561% ..................... .....$265.36 Interest from 04/15/2009 through 05/14/2009 at 2.8602% ..................... .....$233.10 Interest from 05/15/2009 through 06/14/2009 at 2.9588% ..................... .....$248.62 Interest from 06/15/2009 through 07/14/2009 at 3.1561% ..................... .....$256.80 Interest from 07/15/2009 through 08/14/2009 at 2.9588% ..................... .....$248.62 Interest from 08/15/2009 through 09/30/2009 at 2.9588% ..................... .....$280.70 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ................. ..$4,949.02 Costs of suit and Title Search ...... ........................................................... .....$900.00 Fees .............................................. ........................................................... .......$46.47 $107,884.50 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 personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such 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 and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants 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 Defendants 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 Defendants 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 $107,884.50, together with interest at the rate of $8.02, 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: v v wV lUUX U V GOLDBECK McCAFFE TY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Christopher M. Z e i s 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:-9 / 2 4 / 0 9 Y1,015- AR 1,411, Christ other M. Zei Vice President #81177FC - SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Ey?hifiitA Schedule "A" All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the eastern side of Drexel Hills Boulevard, formerly 151, Street, which point is 120 feet measured southwardly from the southeast corner of Drexel Hills Boulevard and Simpson Ferry Road; thence eastwardly and at right angles to Drexel Hills Boulevard and along the line of lands now or late of William R. Simons and lands now or late of Margaret I Vanhorn 100 feet to a point on the northern line of Lot No. 13, Block C on the Plan of Lots hereinafter mentioned; thence along the same southwardly and parallel with Drexel Hills Boulevard 70 feet to a point; thence in a westwardly direction and at right angles to Drexel Hills Boulevard 100 feet to a point on the southern line of Drexel Hills Boulevard; thence along the same in a northwardly direction 70 feet to the point of beginning. ,o hibit (B Eys ACT 91 NOTICE DATE OF NOTICE: April 10, 2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. This is an official notice that the mortgage on your home is in default, and the - -lender iirtends to fowdose ?pecific- irif+rmnation Abort the nature ofthe defaapt is-provdded tti - the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can helg, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and RhQne number of Consumer Credit Counseling Agencies 6ervW9 ym County are listed at the end of this Notice If you have any questions you may can the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with inmaired hearing, can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacon en adjunto es de suma importancia, pues afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programs llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: April 10, 2009 Homeowners Name: LOUISE J. BURKE Property Address: 1101 Drexel Hills Boulevard, New Cumberland, PA 17070 Loan Account No.: 44446589794998 Original Lender: M&T BANK Current Lender/Servicer: M&T BANK HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE Eft FINANCIAL ASSISTANCE VaUCIII C M -a A X= ELONE jMjK&9k-. YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FOREPLOSURE - 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 (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (331 DAYS, IF YOU DO NOT APPLY FOR EMERG_ ENCY MORTGAGE SQiST NCL YOU MUST BRING YOUR DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. jhe Mes. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the pmpertX is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. ULD F LE A EW2A" APPLICATION AS SOOT AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 PROTXCTED 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 Mod bankruptcy you can still apply for Eme Mo a Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to datel NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1101 Drexel Hllls Boulevard, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 10/14/2008 thru 4/10/2009 10/14/08-$30.26 11/14/08-$411.06 12/14/08-$372.52 1/14/09-$314.38 2/14/09-$315.07 - - - - - - -3/I4/09-$227.79 _ - _- _ 4/14/08-$252.19 (b) Late charges from 10/14/2008 thru 4/10/2009 $31.68 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $1,954.95 HOW TO CURET E DEFT - 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 $1,954,95, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made able ands t to: M&T BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to Acederate die MREU= 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 uuon vonr molUleed Q onerty, 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 brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIMU TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time ug to one hour before the Sheriffs Sale You may do so by raving the total amount then past due plus aay We or other charges then due reasonable attomev's fees and costs connected with the foreclosure sale and any other costs ggMected withhtl the Sheriffs Sale as §pecified in writing by the lender and byrerforming any offer _,. ents under the mortgage. Curing your default in the manner set forth in this notice will restore your - --itio>it?ge to" a same position as ?ff you baanever defiulted: -- - ? - EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six 60 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T BANK Address: 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Phone Number: 716-630-4912 Fax Number: 716-630-4900 Contact Person: Lindsay Pohl EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * 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. Contact Person: Lindsay Pohl Phone Number: 716-630-4912 6 HEMAP Consumer Credit Counseling Agencies Report bW Wdebsd: l$r28P10081:52:41 PM Lyeom.C RM C8 Comm tb Cantu Action 2188 t ncoh Street P.O.9M 3688 riimspcK PA 17703 570.328.0587 CCM olVMealarn PA 2000 Un sslown Road Harrisburg, PA 17102 858.5112227 888.5112227 COLYIM Cowtty M orkm a"ut Counwe" Imo/kulr 212 SanNdtainamon Hwy 11 ODPack, PA 18036 ONAGGA647 COGS of NalheeeI M PA 401 La" skeet PVldon. PA 18840 800.922.9597 CRAWFORD Cowtfy BockwT. WmhbrrgWn Center 1720 Hobnd street Eris, PA 18603 814.453.6744 CCCS Ot Vihslern PA 4402 Poach Street Erie, PA 16508 886.511.2227 and 108 855.511.7127 erd 108 Cenlerfor FwnVy Sov1¢es, Inc, 213 Canter sleet MssdvRe, PA 18335 814.337.6450 Grader Erie Community Action Committee 18 west 9TH sbaet Eris, PA 18501 814A59.4581 9homW Ydfyr Urban League, Inc. 801 hNne Avenue Fare1, PA 18121 724.M.5310 St. rerthr Ceata 1701 Parade stow Erie. PA 16500 814.452.8113 CUMERLMO Couniv Alone Cowley brim m btorrdng Auvw ft 40 E High Street Oetlysb M PA 17325 717.334.1518 Comatunky Action Commsson of Captid Room 1514 Dory sbeat Harr", PA 17104 717292.9757 2320 North 51h street Han um PA 17110 717.2922207 -- 43 PhNeaisWA Avenue Mrayrrssbo% PA 17288 717.782.3286 PHFA 211 North Fiord Street Harrislsteg, PA 17110 717.780.9940 800.9422387 DAUPHIN Counter CCCS of Vwatorn PA 2000LkjMdOwn Road Harrisburg, PA 17102 886.8112227 888.5112227 Conumuniy Action Commission of Capltd Room 1514 Dory Sttwt Hwrkk , PA 17104 717232 9787 LO MIMP. hue. 2320 North Mh Sheet Hwd8burg, PA 17110 717232.2207 Opportunity trm 301 End Mohot Street York, PA 17403 717.424.9848 PWA 211 North Front Skeet He"Murg. PA 17110 717.780.3W0 800.842.2397 DELAWARE C Acorn Hous ft Corporation 848 North Broad street PhNe 1 411e, PA 19130 215186.1221 Pegs 7 of 19 O OF THE PMTHKOTARY 2009 OCT - I PM 04 CU,V8LRL,3,;-,;D cam PENNsyLvANIA 18.5o Po Al r4 ?-IF ?qq 351 513y I kT* 0 Sheriffs Office of Cumberland County R Thomas Kline FILE t-C)'-F10E Sheriff JF TF it ?'' i n'I "T 1r t Ronny R Anderson Chief Deputy - 2000 9 0E,; l 1. pill, 3:09 Jody S Smith Civil Process Sergeant "GF.?Fr ?i}` Edward L Schorpp Solicitor M & T Bank Case Number vs. 2009-6568 Shawn D. Burke SHERIFF'S RETURN OF SERVICE 10/12/2009 12:36 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on Octobei 12, 2009 at 1236 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shawn D. Burke, by making known unto himself personally, at 461 S. Front Street Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.70 SO ANSWERS, ?AC!?? 49enr-0 October 13, 2009 R THOMAS KLINE, SHERIFF Sherif f GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Term No. 09-6568 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1) Plaintiff is the holder of a first mortgage upon the premises 1101 Drexel Hills Boulevard, New Cumberland, PA, 17070, hereinafter, the "mortgaged premises". 2) Defendants, SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, are the real owners of the mortgaged premises. 3) Defendant, LOUISE J. BURKE, DECEASED is deceased. Upon information and belief, no estate has been raised by UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED. Accordingly, the identity and whereabouts of the heirs of SHAWN D. BURKE, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, if any, cannot be ascertained by Plaintiff. 4) Pursuant to Pa.R.C.P. 1144(a)(2)-(3) and (b), the heirs of Defendant are necessary parties to the instant action. 5) Plaintiff will be unable to effect service of the Complaint in Mortgage Foreclosure upon the unknown heirs of BURKE, SHAWN D., Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED unless Plaintiff is permitted to do so pursuant to Pa.R.C.P. 430(a) and (b)(1) and (2). 6) The following investigation was conducted in a good faith attempt to ascertain the whereabouts of UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED: See attached Affidavit. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, by publication, posting and mailing. Respectfully submitted, 0"-"W Z- -10 V? , - David B. Fein, Esq. ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 81177FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Louise J. Burke Property Address: Street: 1101 Drexel Hills Boulevard City: New Cumberland State: PA Zip 17070 Skip Results: Date of Birth: 01/05/1922 ProVest File Number: 1'581886 Date of Death: 07/13/2008 VERIFIED Dates: As of 4/13/2009 Death Records: As of 4/13/2009, the Social Security Administration has a death record on file for Louise J. Burke. Social Security Number search completed. HEIR SEARCH RESULTS: Heir #1: Shawn D. Burke Street: N/A City: Harrisburg State: PA Date of Birth: N/A Phone: N/A Zip: 00000 Comments: As per obituary, the heir to the deceased, Louise J. Burke, is son, Shawn D. Burke. 717-774-3548: Number listed to Louise J Burke at 1101 Drexel Hills Blvd, New Cumberland, PA 17070, disconnected. 717-774-2215: Called possible neighbor, Albert R Zamboni, there was no answer. 717-774-0417: Number listed to Ellen A Johnston, there was no answer. No other heirs found. On 4/13/2009, I, Kimberly Sumner being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. K;W, lwu Af'Crant Name: tGm Sumner Date: 4/13/2009 Subscribed A d Sworn to tore me, 81149FC Lourdes Gerena cmato By Cif time 4t 1 SMOS 11:01:21 AAA From: Kimberly Sumner [Kimberly.Sumner@ProVest.us] Sent: Monday, April 13, 2009 11:49 AM To: Kelly Kulpa Subject: FW: 81149FC http://skip.provest.us/SKIPTRACE/PulDetail,aspx?id=1021486uid=i&pulid-4295874 Ele Qdit View Favorites Iods Help x Pine... x ( Bank Skip... Bark Skip... Tracker - ... 4` SociaF Se... '3360 Ch. ,. Conwnwd obit I SaV d V=`ed Note& i obit Page 1 of 2 «? »> ? Address Not Appk *e Clear Adc Ll Save this PAW60-News, The (Harrisburg, PA) - July 14, 2008 Deceased Nam: Louise I Budre Louise J. Burke, 86, of New Cumberland died Sunday July 13, 2008 in Golden Li Center, East Pennsboro Twp- Mrs. Burke was a member of St. Theresa Catholic Church, New Cumberland a lifelong Republican Committee member. She was bony in l Curnbed d to the late Jack and Bessie Jens. She to su hyed by a son Shmm D_ ice and w Patricia of Harrisburg; grandc dren, James and Sharman; a great gr dsonl Lam; and a nephew K Steele. Graveside sees will be held on Wednesday July 16.218 at 10: 45 am in Gat Heavnen Cemetery. Upper Allen Twp. VwAdng will be d tam 3-10 Wedne€ in Parthemore Funeral Home & Creation Services, Now Cumberland. Memorial contributions may be made to Abzheir ersr r r !Assay., 3544 lath Pronto Suite 205, Harrisburg, PA 17110. For driving directions or to send messages of cor>adoleh+ce to the Burke family ply visit www.parthemore.com 10/19/2009 Liberty Bell Agency, Inc. 701 Market Street, Mellon Independence Center - Suite 6001, Philadelphia, PA 19106 (215) 625-3660 • Fax: (215) 625-9285 • www.LibertyBellAgency.com Monday, October 19, 2009 Order* LBA-0904564 ESTATE RECORDS SEARCH PREMISES: 1101 Drexel Hills Boulevard DECEDENT: Louise J. Burke COUNTY SEARCHED: Cumberland A search of the estate records, to discover any filings for the Estate of Louise J. Burke, who purportedly died on or about 07/13/2008, was completed in the Office of the Register of Wills for Cumberland. The results of the search disclosed: No filings. GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 09-6568 Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service 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. - ;P,& BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 for Plaintiff M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF CumberlandCOUNTY vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 No. 09-6568 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) After the filing of the complaint, Plaintiff discovered that Defendant is deceased and no estate has been raised by his/her heirs, if any. Pursuant to Pa.R.C.P. 1144(a)(3) and (b), the heirs of Defendant are necessary parties to the instant action. As the heirs of Defendant are unknown, Plaintiff seeks a special order of court, as provided in Pa.R.C.P. 430(a), which provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. The affidavit accompanying this motion sets forth the attempts by Plaintiff to locate the heirs of the deceased Defendant, which affidavit fully complies with Pa.R.C.P. 430. See, Note to Rule 430. As stated above, the heirs of Defendant are unknown, as no estate has been raised. In this instance, the Court may permit publication against the heirs or assigns generally. Pa.R.C.P. 430(b)(2) specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. In summary, Plaintiff must join the unknown heirs of the deceased Defendant, in order to properly prosecute its foreclosure action. Pa.R.C.P. 1144(a)(3) and (b). As defendant's heirs are unknown, the rules of court provide for this honorable Court to issue a special order approving alternative service by publication. Pa.R.C.P. 430(a) and (b)(2). Plaintiff respectfully requests such an order be granted, to permit it to properly prosecute the instant foreclosure action. CONCLUSION This case involves unknown heirs, which are necessary parties to the instant mortgage foreclosure action. Pa.R.C.P. 1144(a)(2)-(3) and (b). Plaintiff seeks leave of court to serve said unknown heirs by alternate service. The Rules of Court specifically empower this honorable Court to grant the requested relief. See, Pa.R.C.P. 430(a) and (b)(2). For these and the foregoing reasons, Plaintiff respectfully requests this honorable Court enter the attached order permitting service upon the unknown heirs by publication. Respectfully submitted, (2 David B. Fein, Esq. Y GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 CERTIFICATE OF SERVICE Term No. 09-65'68 , does hereby certify that true and correct copies of the day of foregoing Motion for Substituted Service have been served upon the Defendants this , 2009, by first class mail, postage prepaid. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased 461 S. Front Street Wormleysburg, PA 17043 UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased 2167 Canterbury Drive Mechanicsburg, PA 17055 SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased 1101 Drexel Hills Boulevard New Cumberland, PA 17070 ??IN THE COURT OF COMMON PLEAS tj-(its-. BY: David . Fein, Esq. of Cumberland County 2009OCT 22 Pli 2: 49 cut %. M&T BANK S BfM MANUFACTURERS & TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise). Burke. Deceased UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED Team No. 09-6568 C,'v.'L /9 n`on/ 4)A ORDER ,,yy?? AND NOW, this X day of !?t/"2009, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, has been unsuccessful, it is hereby ORDERED and DECREED that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, by (i) publication as provided in Pa.R.C.P. 430(b)(2), (ii) posting a copy of the Complaint upon the subject property, located at 1101 Drexel Hills Boulevard, New Cumberland, PA, 17070 (the "Property"), and (iii) sending a copy of same by certified and regular mail to the Property; and, it is further ORDERED and DECREED that Plaintiff shall serve the Notice of Sheriff's sale upon Defendant, UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, by (i) posting a copy of the Complaint upon the Property, and (ii) sending a copy of same by certified and regular mail to the Property; and, it is further ORDERED and DECREED that all other legal papers shall be served upon Defendant, UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, by sending a copy of same by regular mail to the Property BY TH T: J. D'stribution list: ichael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 /SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased, 461 S. Front Street Wormleysburg, PA 17043 ---CINKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, 1101 Drexel Hills Boulevard New Cumberland, PA 17070 C.0 F& rn& [ CL !U? (e?Urj i -- l RiD-OFFICE OF THE PROTHONOTARY 2009 OC T Zb FM t : 2 3 CUMB&wA .. I Z COUNTY PENNSYLVANIA 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 SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Plaintiff VS. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Defendant(s) Term No. 09-6568 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK, McCAFFERTY & McKEEVER By Michael T. McKeever, Esq. Attorney for Plaintiff OF THEP,667? ,' AAY 2009OCT29 Allil:51 cumb, :r PEN ?.VAA"71,4UPIY .$10. oo Po ATYY a0 503tva(o 0 o23&733 Sheriffs Office of Cumberland County i r'r ?'? - r r• R Thomas Kline (,c 'n ?'^ • ??;'1T'?( Sheriff . 4;?rtit`• ?1 t?„r.?,rr{ Ronny RAnderson 1110 2009 ta0V -3 Gil 131 03 Chief Deputy Jody S Smith Ci Gw. _' t t Civil Process Sergeant ° 'A Edward L Schorpp Solicitor M & T Bank Case Number vs. 2009-6568 Shawn D. Burke SHERIFF'S RETURN OF SERVICE 10/30/2009 11:03 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1103 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Order, upon the within named defendant, to wit: Shawn D. Burke, pursuant to order of court by posting the premises located at 1101 Drexel Hills Blvd. New Cumberland, Cumberland County, Pennsylvania 17070 with a true and correct copy according to law. SHERIFF COST: $49.30 November 02, 2009 SO ANSWER rola'e"b4c ?0&41 If R THOMAS KLINE, SHERIFF ByZ' Deputy Sheriff 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 SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED Mortgagor(s) 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6568 CERTIFICATE OF SERVICE MICHAEL T. MCKEEVER ESQUIRE hereby certifies that on he did serve upon Defendant UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated October 26, 2009. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, ???ec? 71- At& GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ESQUIRE FtLED-0 "f "FE OF THIS lPj"0 ','--NOTARY 2004 NOV -5 PH 1: 59 P 7 < YLII, ` ' X-og/s PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland lames IQeinklaus, Advertising Operations Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): November 6, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. A 4 Sworn to and subscribed before me this Notary Public My commission expires: ALTH OSYLYANIA NOTARIAL SEAL ECKENDORN; Notary Punic LaH Btv Qmbedand County n Expires January27, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No. 04-6568 NOTICE OF ACTION IN MORTGAGE FORECLOSURE M&T BANK S/B/M MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased & UNKNOWN HEIRS OF THE ESTATE OF LOUIE J. BURKE, DECEASED, Mortgagors and Real Owners, Defendant(s) TO: UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, MORTGAGOR AND REAL OWNER, DEFENDANT(S), whose last known address is 1101 Drexel Hills Boulevard, New Cumberland, PA 17070. 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. You are hereby notified that Plaintiff, M&T BANK S/B/M MANUFACTURERS & TRADERS TRUST COMPANY, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 09-6568, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 1101 Drexel Hills Boulevard, New Cumberland, PA 17070, whereupon your property will be sold by the Sheriff of Cumberland County. 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 persow; llv or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. YoL. are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you bV 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 CANNO-, 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 32 S. Bedford Street, Carlisle, PA 17013 MidPenn Legal Services 401 E. Loather Street, Suite 103, Carlisle, PA 17013 717-243-9400 Michael T. McKeever, Atty. for Plaintiff Goldbeck McCafferty & McKeever, P.C. Suite 5000, Mellon Independence Center 701 Market Street Philadelphia. PA 19106-1532 215-627-1322 r 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, Viz November 13, 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. ------------ Editor WORN TO AND SUBSCRIBED before me this 13 day of November, 2009 Notary NQVr RIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNT`! My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas Cumberland County Civil Action-Law No. 09-6568 M&T BANK S/B/M MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff VS. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased & UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, Mortgagors and Real Owners, Defendant(s) TO: UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, MORTGAGOR AND REAL OWNER, DEFENDANT(S), whose last known address is 1101 Drexel Hills Boulevard, New Cum- berland, PA 17070. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OB- TAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECT- ING THE DEBT. You are hereby notified that Plaintiff, M&T BANK S/B/M MANU- FACTURERS & TRADERS TRUST COMPANY, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumber- land County, Pennsylvania, docketed to No. 09-6568, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 1101 Drexel Hills Boulevard, New Cumberland, PA 17070, whereupon your property will be sold by the Sheriff of Cumberland County. 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 ap- pearance 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 or 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 PA- PER 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 or MidPenn Legal Services 401 E. Louther Street Ste. 103 Carlisle, PA 17013 (717) 243-9400 MICHAEL T. McKEEVER, ESQUIRE GOLDBECK McCAFFERTY & McKEEVER, P.C. 1 CUMBERLAND LAW JOURNAL Attorneys for Plaintiff' Suite 5000 Mellon Independence Center 701 Market St. Philadelphia, PA 19106-1532 (215) 627-1322 Nov. 13 ! r nc THE 2004 NOV 24 ? r I I: I lilr_ J,?fE PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MANUFACTURERS & TRADERS TRUST COMPANY 1 M&T Plaza Buffalo, NY 14240 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 1101 Drexel Hills Boulevard New Cumberland, PA 17070 INTERNAL REVENUE SERVICE -SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 (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 21, 2010 GOLDBECK Mc F cKEEVER BY: Barbara Hand SM,ERIFF'S OFFICE OF CUMBERLAND COUNTY ,4 Ronny R Anderson Sheriff ~gupcp of ~ urr~bcr~~ ~ ~ ~ .. z~j~. r..: QFFICE e^ F ' HE ~µ6RIFF '`~ ?'~ ~~ ~ ~... ,!2`r Jody S Smith Chief Deputy Richard W Stewart SOIlCItO~ 2JfCu~~. rb r,=ri.r~ 3j ~D10 dut- tb I'~Ati ,10:3~ M & T Bank Case Number vs. Shawn D. Burke (et al.) 2009-6568 SHERIFF'S RETURN OF SERVICE 04/12/2010 03:45 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1545 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Unknown Heris of the Estate of Louise J. Burke ,located at, 1101 Drexel Hills Blvd, New Cumberland, Cumberland County, Pennsylvania accordinc to law 04/22/2010 06:17 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4!22/10 at 1814 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 Shawn D. Burke, located at, 1101 Drexel Hills Boulevard, New Cumberlans, Cumberland County, Pennsylvania according to law. 04/23/2010 01:00 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/23/10 at 1257 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shawn D. Burke, by making known unto, Shawn D. Burke, personally, at, 461 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/03/2010 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 June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of M & T Bank, S/B/M Manufacturers & Traders Trust Company, 1100 Wehrle Drive, 2nd Floor, Williamsville, NY 14221, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 974.98 07/09/2010 Deed recorded 07-09-10. SHERIFF COST: $976.98 July 09, 2010 ~d ~ DD pal. ~ `~'~ ~vV P~r C© ~ ~ a ~s ~~~ SO ANSWERS, RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. Teleosoff. Inc. ~J Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Goldbeck McCafferty ~ McKeever BY: Michael T. McKeever' ~ ' AttorneyLD. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive IN THE COURT OF COMMON PLEAS 2nd Floor Williamsville, NY 14221 vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased UNKNOWN HEIIZS OF THE ESTATE OF LOUISE J. BURKE, DECEASED Plaintiff (Mortgagor(s) and Record Owner(s)) 1101 Drexel Hills Boulevard New Cumberland, PA 17070 No. 09-6568 M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1101 Drexel Hills Boulevard New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Bwke, Deceased 461 South Front Street Wormleysburg, PA 17043 UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED l 101 Drexel Hills Boulevard New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Bwke, Deceased 461 South Front Street Wormleysbwg, PA 17043 UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: P.q. DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health attd Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MANUFACTURERS & TRADERS TRUST COMPANY 1 M&T Plaza Buffalo, NY 14240 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 1101 Drexel Hills Boulevard New Cumberland, PA 17070 INTERNAL REVENUE SERVICE -SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 (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 21, 2010 GOLDBECK Mc F cKEEVER BY: Barbara Hand .;'t y ~ ~. 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 09-6568 M&T BANK S/B/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Plaintiff vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED Mortgagor(s) and Record Owner(s) 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6568 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: BURKE, SHAWN D., Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased 461 South Front Street Wormleysburg, PA 17043 Your house at 1101 Drexel Hills Boulevard, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, June 02, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $108,814.15 obtained by M&T BANK S/B/M MANUFACTURERS & TRADERS TRUST COMPANY 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: Jf 09-6568 1. The sale will be cancelled if you pay to M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd 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. 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 properly 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 fmd 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 09-6568 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. hp fa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 716-630-4912 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 81177FC. Para informacon en espanol puede communicarse con Loretta al 215-825-6344. s ALL THAT CERTAIN PARCEL OR TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND WARD 2, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA AND BEING THE SAME REAL PROPERTY CONVEYED TO LOUISE J, BURKE BY DEED ON 5/1/1997 BOOK 156 PAGE 956 AMONG THE OFFICIAL RECORDS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA. SAID DEED REFERENCE MADE HEREIN FOR A MORE FULL DESCRIPTION rAx MAP#: !6-24-0809-205 X11 that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: teginning at a point on the eastern side of Drexel Hills Boulevard, formerly 15th Street, which point is 120 feet measured outhwardly from the southeast comer of Drexel Hills Boulevard and Simpson Ferry Road; thence eastwardly and at right angles to >rexel Hills Boulevard and along the line of lands now or late of William R. Simons and lands now or late of Margaret J. Vanhorn 100 yet to a point on the northern line of Lot No. 13, Block C on the Plan of Lots hereinafter mentioned; thence along the same outhwardly and parallel with Drexel Hills Boulevard 70 feet to a point; thence in a westwardly direction and at right angles to Drexel [ills Boulevard 100 feet to a point on the southern line of Drexel Hills Boulevard; thence along the same in a northwardly direction 0 feet to the point of beginning. MPROVEMENTS consist of a residential dwelling. tENG PREMISES: 1101 Drexel Hills Boulevard New Cumberland, PA 17070 OLD as the property of SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF T1tIE ESTATE OF LOUISE J. BURKE, DECEASED 4X PARCEL #26-24-0809-205 ;ING the same premises which John E. Burke by Shawn D. Burke, his attorney in fact, by Deed dated 4/28/97 i recorded 511/97 in Book 156 Page95b granted and conveyed unto Louise J. Burke, deceased. 1 09-6568 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attomey I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK S/B/M MANUFACTURERS & TRADERS TRUST COMPANY 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Plaintiff vs. SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J: Burke, Deceased UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED Mortgagor(s) and Record Owner(s) 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CNII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6568 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: UNKNOWN HEIItS OF THE ESTATE OF LOUISE 1. BURKE, DECEASED UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED 1101 Drexel Hills Boulevard New Cumberland, PA 17070 Your house at 1101 Drexel Hills Boulevard, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, June 02, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $108,814.15 obtained by M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY 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 09-6568 ' 1. The sale will be cancelled if you pay to M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd 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. 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). 1. If the Sheriffs Sal¢ 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 tp 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 fmd 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 tp 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.orgJforeclosure/ 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 1.7013 717-243-9400 09-6568 Respurces available for Homeowners in Foreclosure ACT NOW! Even though yqur lender (and our client) has filed an Action of Mortgage Foreclosure against yo1u, 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: oar 717-243-9400. 2). Call the Cgnsumer 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~hfa or_g/cpnsumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 716-630-4912 and ask to speak to someone about Loss Mitigation'or Home Retention options. 6). Call or co~tact 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 1-8166-413-2311 or via email at homeretention(a~goldbecklaw.com. Call Seth at 215-825-0329 or fax 215-825-6429. The figure and/or package you requested will be mail~d 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 lyein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 81177FC. Para informacuon en espanol puede communicarse con Loretta a1215-825-6344. .' ALL THAT CERTAIN PARCEL OR TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND WARD 2, COUNTY OF CUMBERLAND, COMI~IIONWEALTH OF PENNSYLVANIA AND BEING THE SAME REAL PROPERTY CONVEYED TO LOUISE J, BURKE BIY DEED ON 5/1/1997 BOOK 156 PAGE 956 AMONG THE OFFICIAL RECORDS OF CUMBERLAND COUNTY, COMMOI~tWEALTH OF PENNSYLVANIA. SAID DEED REFERENCE MADE HEREIN FOR A MORE FULL DESCRIPTION TAX MAP#: 26-24-0809-205 All that certain piece or parcel of land si~uate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as fo lows, to wit: Beginning at a point on the eastern side f Drexel Hills Boulevard, formerly 15th Street, which point is 120 feet measured southwardly from the southeast comer o Drexel Hills Boulevard and Simpson Ferry Road; thence eastwardly and at right angles to Drexel Hills Boulevard and along the I' of lands now or late of William R. Simons and lands now or late of Margaret J. Vanhorn 100 feet to a point on the northern line of Lo No. 13, Block C on the Plan of Lots hereinafter mentioned; thence along the same southwardly and parallel with Drexel Hi is Boulevard 70 feet to a point; thence in a westwardly direction and at right angles to Drexel Hills Boulevard 100 feet to a point on the southern line of Drexel Hills Boulevard; thence along the same in a northwardly direction 70 feet to the point of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1101 DrQxel Hills Boulevard New Cumberland, PA 17070 SOLD as the property of SHAWNt D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased and UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED TAX PARCEL #26-24-0809-205' BEING the same premises which John E. Burke by Shawn D. Burke, his attorney in fact, by Deed dated 4/28/97 and recorded 5/1/97 in Book 156 ~age956 granted and conveyed unto Louise J. Burke, deceased. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) 'COUNTY OF CUMBERLAND) NO 09-6568 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK s/b/m MANUFACTURERS & TRADERS TRUST COMPANY, Pl~intiff (s) From SHAWN D. BU~tKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased UNKNOWN HEIRS O THE ESTATE OF LOUISE J. BURKE, Deceased (1) You are directe to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directe~ to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishe (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 disposin thereof; (3) If property of the de endant(s) not levied upon an subject to attachment is found in the possession of anyone other than a na ed 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 $108,814.1 L.L. $.50 Interest from 1/22/10 toDate of Sale per diem at $8.02 -- To be Determined Atty's Comm Atty Paid .~a.3lo.00 Plaintiff Paid Date: 1/?5l2010 (Seal) Due Prothy $2.00 Other Costs r David D. Buel , otho otary By: Deputy REQUESTING PARTY; Name: GARY McCAFI~'ERTY, ESQUIRE Address: GOLDBECK ~VIcCAFFERTY & McKEEVER SUITE 5000 =~, MELLON INDEPENDENCE CENTER 701 MARKET STREET PA 19106 Attorney for: PLAINT Telephone: 215-627-1: Supreme Court ID No. .~ On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered, 1101 Drexel Hills Boulevard, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: G~,~-c~--`~ Real Estate Coordinator i 0 ~b ~/ 9Z Nbf OfOZ SO ~1 d 8Z Nat' 0102 ~l'~a~l~lU tad '~ !. ~ a1~.: , ~~1~31~ ~ ' ~ ~~ riJ ~~~~ tJd '% s 1~ I l ~~ 'U ~ ~. ~ ~ 1213 H S ?'r', I _:: _.., _ :' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH ~F PENNSYLVANIA ss. COUNTY OF Lisa Marie Coy e, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being d y sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodic 1 published in the Borough of Carlisle in the County and State aforesaid, was established January , 1952, and designated by the local courts as the official legal periodical for the public tion of all legal notices, and has, since January 2, 1952, been regulazly issued weekly in the sal County, and that the printed notice or publication attached hereto is exactly the same as was rinted in the regular editions and issues of the said Cumberland Law Journal on the following dates, April 16` Apri123, and April 30, 2010 Affiant further d poses that he is authorized to verify this statement by the Cumberland Law Journal, a legal peri dical of general circulation, and that he is not interested in the subject matter of the aforesaid n tice or advertisement, and that all allegations in the foregoing statements as to time, pl ce and chazacter of publication aze true. v ~- sa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 0 da of Aril 2010 Notary NOTARMt SEAL DEBORAH A COLLIN8 Notary PubNc CARLISLE BOROUt~H, Ct)AABERLANO COtl11T11 My Conunb:ion Expina Apr 28, 201 wit lF~. ~9N-NN C~s+r M 8s T Bank vs. Shawn D. Burke Atty: Michael McKeever ALL THAT CERTAIN parcel or tract of land situate in the Borough of New Cumberland Ward 2, County of Cumberland, Commonwealth of Pennsylvania end being the same real property conveyed to Louise J. Burke by deed on 5/1/1997 Book 156 Page 956 among the official records of Cumberland County, Common- wealth of Pennsylvania. Said deed reference made herein for a more full description. TAX MAP#: 26-24-0809-205. All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the east- ern side of Drexel Hills Boulevard, formerly 15th Street, which point is 120 feet measured southwardly from the southeast comer of Drexel Hills Boulevard and Simpson Ferry Road; thence eastwardly and at right angles to Drexel Hills Boulevard and along the line of lands now or late of William R. Simons and lands now or late of Margaret J. Vanhorn 100 feet to a point on the northern line of Lot No. 13, Block C on the Plan of Lots hereinafter mentioned; thence along the same southwardly and parallel with Drexel Hills Boulevard 70 feet to a point; thence in a westwardly direction and at right angles to Drexel Hills Boulevard 100 feet to a point on the southern line of Drexel Hills Boulevard; thence along the same in a northwardly drection 70 feet to the point of beginning. ;A 32 iA~l~i~T'~it }: 11~U~?.; !JIRT1 ~'~'~:1J!Y'i..~..~' :l'S/4iA~t~~J97.4~fJ(i~~~ ~ .. '~ 'The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~lahiot 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 Marianne Miller, 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 alf 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: 04/16/10 __ 04/23/10 C 04/30!10 ~`} ' G,'.G.~~~''~ .. .. ~ .... .. Sworn to a su/ .gibed before met is 1 d of May, 2010 A.D. i ~ c- (.-~~ ~ (.~ .- - ~ ~c ~ C~~--,--._.__ __ __ Notary Public COMMONWEALTH OF PENNSYLVANIA Notar1a15eal Sherrie L Klsner, Notary Publk Lower Paxton Twp., Dauphin County My Commissbn Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Writ No. 200Y~6666 CMI'Term M d~T Bank Vs. Shawn D. Burke Arty: Michael McKeever ALL THAT CERTAIN parcel or tract of land situate in the borough of new cumberland ward 2, county of Cumberland, commonwealth of pennsylvania and being the same real property conveyed to Louise J, Burke by deed on 5/1lI997 book ISti page 956 among the official Records Of Cumberland County, Commonwealth Of Pennsylvania. Said deed reference made herein for a mare full desctiQ6on TAX MAP#:2624-0809-205 ALL. THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland. County, Pennsylvania, more paRicularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Drexel Hills Boulevard, formerly 15th Strcet, which point is IZO feet measured southwardly from the .southeast comer of Drexel Hills Boulevard and Simpson Ferry.Road; thence eastwardly and at right angles to Drexel Hills Boulevard and along the line of lands gow or late of William R. Simons and lands now or late of Margaret J. Vanhorn 100 feet to a point on the northe~a line of Lot No. 13, Block C on the Plan of Lots hereinafter menfloned;~ thence along the same southwardly and parallel with Drexel hills Boulevard 70 feet to a point; thence in a westwardly direction and at right angles to Drexel Hills Boulevard 100 feet to a paint on the southern line of Drexel Hills Boulevard; thence along the same,in a mAhwmdiy direction 70 feet to the point of beginning. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which M & T BANK is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6568, at the suit of M & T BANK against LOUISE J BURKE ESTATE is duly recorded as Instrument Number 201018171. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this day of A.D. ~ ~~}} ~ ~ ~ ~ ~I - 1~~order of Deeds Fboader debeA~ndOant~CeiAei~,}yl X11 F.xpinslh~flpRYauigrdJ~n.~