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Home My WebLink About09-6686GOLDBECK 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 MANUFACTURESE & TRADERS TRUST COMPANY 1100 Wehrle Drive Williamsville, NY 14221 Plaintiff vs. NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S EICHELBERGER KIRK A. PERKINS Mortgagors and Record Owners 6030 Creek View Road Mechanicsburg, PA 17050 Defendants Term No. 09 - (p(?$(o CIVt 1 _lem CIVIL ?ACTI ON: M014TG.AGE nllql pop 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htip://www.phfa.orp-/consumers/homeowners/real.aMx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: htip://www.philadelphiafed.orwforeclosure/ 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 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 87073FC. 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 Plaintiff is M&T BANK S/B/M MANUFACTURESE & TRADERS TRUST COMPANY, 1100 Wehrle Drive, Williamsville, NY 14221. 2. The names and addresses of the Defendants are NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER, 6030 Creek View Road, Mechanicsburg, PA 17050 and KIRK A. PERKINS, 6030 Creek View Road, Mechanicsburg, PA 17050, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On May 10, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MANUFACTURERS AND TRADERS TRUST COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1992, Page 4402. 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 March 09, 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 ..................................................................................$111,549.04 Interest from 02/09/2009 through 03/09/2009 at 3.2546% ..........................$308.45 Interest from 03/10/2009 through 04/08/2009 at 2.7615% ..........................$253.20 Interest from 04/09/2009 through 05/08/2009 at 3.0574% ..........................$289.54 Interest from 05/09/2009 through 06/08/2009 at 3.1560% ..........................$589.20 Interest from 06/09/2009 through 07/08/2009 at 2.8602% ..........................$270.94 Interest from 07/09/2009 through 09/30/2009 at 3.0574% ..........................$569.74 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,577.45 Late Charges from 03/09/2009 to 09/30/2009 ...............................................$27.85 Costs of suit and Title Search ......................................................................$900.00 Fees ...... ...........................................................................................................$27.00 $120,362.41 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. 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 $120,362.41, together with interest at the rate of $8.74, 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: "?w r IU\1UVMV l GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I,_C ['k s?b P ty ZQA? , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 10. V • A L I/ Christopher M. Zei Vice president #87073FC - NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER and KIRK A. PERKINS 6030 Creek View Road Mechanicsburg, PA 17050 E..X..hibitA AI ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: , ABEGINMNG at a point marked by a railroad spike in the'center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souder; thence along the center line of said Public Road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a Railroad spike in the center ofsaid road; thence North 21 degrees 15 minutes West, a distance of there hundred (300) feet to an iron pipe, thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the Public Road, aforementioned,` at the place of Beginning. GONTAN NG 691100 acres of land. BEING improved with a dwelling known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. BK I b3?;'G34 16 E.YFidit (B EICHELBERGER-PERKINS, NANCY S. a/k/a NANCY S. EICHELBERGER NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER 6030 Creek View Road Mechanicsburg, PA 17050 File #: 87073FC Sale date: County: Cumberland Property: 6030 Creek View Road Mechanicsburg, PA 17050 i PERKINS, KIRK A. KIRK A. PERKINS 6030 Creek View Road Mechanicsburg, PA 17050 File #: 87073FC Sale date: County. Cumberland Property: 6030 Creek View Road Mechanicsburg, PA 17050 ACT 91 NOTICE DATE OF NOTICE: 09/02/2009 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 intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vow home This Notice explains how the program works. To see if HEMAP can help, 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 AgencL The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacon en adjunto es de suma importancia, pues afeeta 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: 09/02/2009 Homeowners Name: NANCY S. EICHELBERGER-PERKINS &Wa NANCY S. EICHELBERGER and KIRK A. PERKINS Property Address: 6030 Creek View Road, Mechanicsburg, PA 17050 Loan Account No.: 44449983834998 Original Lender: MANUFACTURERS AND TRADERS TRUST COMPANY Current Lender/Servicer: M&T BANK HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (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 (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF 'HIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property 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. YOU SHOULD FILE A HEMAP APPLICATION AS SOON 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 (b0) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF.A; PETITION IN BANKRUPTCY, THE FOLLOWING PAsRT OF THIS-NOTICE IS FOR INFOPU4,ATION PURPOSES.ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLEC'>l' THE DEBT. (If you have_Bled bankrmptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 6030 Creek View Road, Mechanicsburg, PA 17050 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 03/09/2009 thru 09/02/2009 3/1/09- $256.71 4/1/09- $302.55 5/1/09- $256.47 6/1/09- $284.22 7/1/09- $293.38 8/1/09- $265.88 9/1/09- $284.22 Sub-total $ 1,943.43 (b) Late charges (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $1,943.43 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS 1 43 3 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY {30} DAY PERIOD. Payments must be made either by cashier's check. certified check or money order made payable and sent to: M&T BANK PO Box 840 Buffalo, NY 14240 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mode debt. This means that the entire outstadding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. 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 erio you will not be re uured to a attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and cnevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then]2ast due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as gRecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four 4) to six (6) months from the date of this Notice. A notice of the actual date of the 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: PO Box 840 Buffalo, NY 14240 Phone Number: 800-724-1633 Fax Number: 716-630-4900 Email Address: ewilson@mtb.com Contact Person: Evelyn Wilson 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: Evelyn Wilson Phone Number: 800-724-1633 6 HEMP Consumer Credit Counseling Agencies Report lot updabd_ 1?129120081:52Al PM Lyoam.0min Ca Comm to Comm Action 2138 Unodh Stook P.O. BoK 3588 WMormspoM PA 17703 570.326M87 CCCS OfWoolerrt PA 2000 Linglodown Rood Hartbburg, PA 17102 888.511.2227 888.511.2227 COLUMBIA CowMy American Credit Counseling I OMM 212 Berwkk-Haxaibrt Hwy Naacapa*, PA 18835 OBASOM47 CCCS of Northesstnrn PA 401 Laurel Sheet Pktaton. PA 15840 570.8022227 600.972.9537 CRAWFORD County 6ooksrT. Weshinpot Cemiwr 1720 Holland Sheet Erie, PA 18503 S14A53.5744 CCCB of Western PA 4402 Peach Sheet Erie, PA 18509 688.5112227 std 106 668.5112227 e0d 108 Cunt r for Funk Sarvices, inc. 213 Center Sheet Meadvie, PA 18935 814337.8450 Grader Erie Community AsOon Commklse 18 West OTH Stoat Erie, PA 16501 614A59A581 8hsmamgoValley Unman I.woue, Inc- 001 trtdana Avenue Farrok PA 16121 724.987.5310 St. 0 s1 " Cotter 1701 Parade Sbeet Erb, PA 16503 814A52AM CUMBERLAND Coutety AdrrM Count krbrkM Housing A gm t 40 E High 8f M Oe"W% PA 17325 717.334.1518 Conmunky Aaiun Commission of CsptM RvOw 1514 Derry 3trost Hamhburg, PA 17104 717232.9757 Lovsehip, Inc. 2320 North 5th Street Hambburg. PA 17110 717.232.2207 Marar"Ma 43 Philadelphia Avenue Waynesboro, PA 17288 717.782.3285 PNFA 211 Nash Front Shoat Harrbburg, PA 17110 717.780.3940 800.3422397 DAUPHIN County CCC;S of Western PA 2000 Dorm Road HambWm PA 17102 688.5112227 888.5112227 CommuNty Aaiun Commission of CopM fiagtort 1514 Deny Street Ito, h M PA 17104 717.232.8757 LovMhlp. W- 2320 North 51h Sheet Harrbbur& PA 17110 717.2322207 Opportunity Ara, 301 Eoet Morkot Street: Yak, PA 17403 717.424.3845 PNFA 211 North Float Shoat Harrisburg, PA 17110 717.780.3940 800.3422397 DELAWARE County Amm Howk@ Capwdlon 848 North Brad SVW PhYodWohkk PA 19130 215.783.1221 Pape 7 of 1g HEMAP Consumer Credit Counseling Agencies Report trot updated 12/2,1120061:52A1 PM Advocates for Financial i dependence Chester Community Ynprow resat Project 202 Eat HMkey Avenue 412 Avenue of the State Ridley Park, PA 19078 PO Banc 541 215.369281D Owdw, PA 19018 610.8788683 American Cradle Counsob* Institute 175 8tndfard Avenue OkwsMad Comrrnnnky Services Subs 1 Obw House Wayne, PA 19DB7 1920 South 20th Steel 610.9712210 Phiedelphia, PA 19145 886212.8741 215.336.3511 Ameriow Credit Counseling krst8ute FOB CDC 528-62B Dskeb Street 1201 West Olney Avemre Norristown, PA 19401 Phioktelphte, PA 19141 610.9712210 215.549.8755 868212.6741 tiarmantowrt 9eRtitrrtant Amman Financial Counseling Services 5698 Wayne Avenue 175 Trafford Avenue Bldg C Suite One Phleletphis, PA 19144 Wayne. PA 19087 215.849.3104 287278.7903 MACE 800,490.3039 187 W. Alepharry Avsrata American Red Crop of Chaser 2nd Fl 1729 Edgwont Avenue Phil; dsiphin, PA 19140 Chaser, PA 19013 215.428.8025 610.874.1484 Ftaus$g Partnership of Chester t.otttlly APM 41 Witt Lancaster Ave 2147 North Sbdh Street Downingtown, PA 19335 Phkd*hk, PA 19122 810.518.1522 215235.6780 llede Feliortatdp House Carroll Parts Community Comal, inc. 902 South ,katwan Street 5218 Mater Street Wdl% PA 19083 Phlsds"Im. PA 19131 610.5 .0434 215.877.1157 Normwest Cou"OW4 Somas CCCS of Delaware Willey 5001 North Broad Street 260 North Providence Road Phhdatplda, PA 19141 Msdls, PA 19063 215.324.7500 215.663.5685 OpparGrrtity Inc. CCCS of Drtisarae VaMy Two Bak Plaza ME. Market St. Suite 300 Sulle 170, Marshal BWMq Pideddo la, PA 19004 Wet Cheer. PA 19982 610.680.8687 215.383.6665 Phib Counab For C omrauniq? Advrant CCCS of bokwwo Veby 100 North 17th Scat 1008 Walnut Steal sub 600 10th Floor Pfiddphk, PA 19103 Pidedd{>fte, PA 19107 215.567.7603 215.583.5885 800.930.4869 Paps a of 19 HEMAP Consumer Credit Counseling Agencies Report led updolot 12/23120081:52:41 PM Urban Lwow of Philadelphia 1818 Marks) Sheet 20th Floor Phibfthis, PA 19103 215.985.3220 ELK Nooff mri Tier Commwdly Action Corp. P.O. Boot 308 135 Wert 4111h Street Emporium, PA 15834 814.488.1181 ERIE County Boohoo T. W ShInyton Center 1720 HdkM Street Erb, PA 18506 814A53.5744 CCCS of Wastorn PA 4402 Peach Street Erie, PA 16809 888.511.2227 eat 106 888.511.2227 cad 108 tinrdw W* Community Action Committee 16 West 9TH Sbvet Erie, PA 18601 814A59A561 8t. Martin Cantor 1701 Parade Street Erb, PA 18503 814.052.8113 Voioam for b ubpardonce 1107 Payne Avenue Erb, PA 18503 814,874.0064 800.838.9890 FAYME Cou Action Hone g, kac 425 8th Avmrars Sulu 960 Plb WO. PA 15219 412.281.2192 800.7922601 CommurMly Acton Bouttwrest 58 Fast Groans Sheet Vwrynastx M PA 15370 724.8522893 Fayette Co, Community Action Agenop, WA. 108 Note Seem Avenue UrdonUOam, PA 15401 724.437.8050 8WA27.IWO Tsweland Services Inc. 535 East Main Stoat Somersek PA 15501 814.445.8828 800.452.0748 FOREST Cou VVerrmn -Foreet Countbs r-r - - sic OppcrkmRY Courms 1209 Pennsylvania Ave, Wad P.O. Box 547 Vt4nwk PA 18985 614.7162400 FRANIaJN County Actrna Courny Into (01111 Housing AWaft 40 E High Streit GetlysWM PA 17325 717334.1518 American Red Crass - tiiwwm Chapter 5n Caftb Stoat Hanover, PA 17331 717.837.3708 CCCB of Wastrrn PA 2000 Un*atown Road Harrbbu% PA 17102 888.511.2227 8BB 511.2227 CCCS of Western PA 55 Clover NO Road DakstDwn, PA 17313 888.5112227 888.511.2227 Community Aogon CwrimTgbn Of CaptMM Region 1514 Cory $beet Henbburg, PA 17104 717232.9757 CCC$ of V$4wMrn PA 1 North Gat Square 02 Gordon Carder Drive Oroonab Xg, PA 15801 888.511.2227 888.5112227 ttttarindhe 43 Phiactiphie Avwus Waynesboro, PA 17288 717.762.32 Pace $ of 19 0 BLED-,DFrlu!7 OF THE F'f=: ? :?";NARY 1009 OCT -7 PH 2: 09 CL fY? fi T f f ?I VI V?1 I VN, ;t ..•?... $'18.50 p a • rr-( ems- soo?a? Sheriffs Office of Cumberland County R Thomas Kline FILED-('YFF:CF Sheriff OF THE PPS i F,,0N,,)TAN Ronny R Anderson to Chief 2009 Oi T 28 Ate Deputy 9:42 Jody S Smith Cl1P,? < : d C U?.ITY Civil Process Sergeant OFF ICE R ?L- ha°? JYLV1i"v(H Edward L Schorpp Solicitor M & T Bank vs. Kirk A. Perkins Case Number 2009-6686 SHERIFF'S RETURN OF SERVICE 10/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nancy S. Eichelberger-Perkins a/k/a Nancy S. Eichelberger, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/14/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nancy S. Eichelberger-Perkins a/k/a Nancy S. Eichelberger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Nancy S. Eichelberger. Request for service at 6030 Creekview Road Mechanicsburg, PA 17055 is vacant. Defendant is believed to be residing at 6804 Clubhouse Drive Apt. J Harrisburg, PA 17111. 10/23/2009 10:07 AM - Dauphin County Return: And now October 23, 2009 at 1007 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy S. Eichelberger-Perkins by making known unto herself personally, at 6804 Clubhouse Drive Apt. J Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/28/2009 06:34 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 1553 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kirk A. Perkins, by making known unto Natalie Watkin, adult in charge at 529 Fairway Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 6030 Creek View Road Mechanicsburg, PA 17050 is vacant. SHERIFF COST: $80.50 SO ANSWERS, October 27, 2009 R THOMAS KLINE, SHERIFF Depu y Sheri f S~~R~FF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~aarltp et ~"um6rr~it~~ ~~~ t~E n,F ; KE S'sERiP1= Fly rD ~ ~ , ~: F (~C ~'~' G,~JTta ,'V~~~R~ Z~~~ .;~,;,t~ ~ ~ F;-f 2: L v CC/rP~~ r ,, '~' ~~ ~f` t ~: r R~~~1 M&TBank vs. Case Number Nancy S. Eichelberger-Perkins (et al.) 2009-6686 SHERIFF'S RETURN OF SERVICE 04/06/2010 02:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1445 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 Kirk A. Perkins and Nancy S. Eichelberger-Perkins, located at, 6030 Creek View Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/08/2010 01:30 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 1324 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: Kirk A. Perkins, by making known unto, Kirk A. Perkins, personally, at, 6322 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 7/7/2010. 06/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael McKeever on 6/9/10 SHERIFF COST: $870.74 June 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a -~ Po(~ Co, .,sz~ u~, ~` ~ ~~y~~ (ej CouniySuite Sheriff, Teleosoft. Inc. N t. Goldbeck McCaffer!y` & i Jc~ieever 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 IN THE COURT OF COMMON PLEAS M&T BANK SB/M MANUFACTURESE & TRADERS TRUST COMPANY 1100 Wehrle Drive Williamsville, NY 14221 Plaintiff of Cumberland County vs. CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER KIRK A. PERKINS (Mortgagor(s) and Record Owner(s)) 6030 Creek View Road Mechanicsburg, PA 17050 Defendant(s) No. 09-6686 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SB/M MANUFACTURESE & TRADERS TRUST COMPANY, 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 copcerning the real property located at: 6030 Creek View Road Mechanicsburg, PA 17050 I .Name and address of Owner(s) or Reputed Owner(s): NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER 6804 Clubhouse Drive Apartment J Harrisburg, PA 17111 KIRK A. PERKINS 529 Fariway Drive Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER 6804 Clubhouse Drive Apartment J Harrisburg, PA 17111 KIRK A. PERKINS 529 Fariway Drive Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: = DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 MANUFACTURERS AND TRADERS TRUST COMPANY C/O Eugene E. Pepinsky, Jr. 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108 CENTRIC BANK 4320 Linglestown Road Harrisburg, PA 17112 CENTRIC BANK C/O Stephen J. Feinour 200 North 3rd Street, P.O. Box 840 Harrisburg, PA 17108 MANUFACTURERS AND TRADERS TRUST COMPANY 213 MARKET STREET HARRISBURG, PA 17105 4. Name and address of the last recorded holder of every mortgage of record: VARTAN NATIONAL BANK 3601 Vartan Way Harrisburg, PA 17110 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 6030 Creek View Road Mechanicsburg, PA 17050 Nauman, Smith, Shissler & Hall, L.L.P. 200 N 3RD ST PO BOX 840 HARRISBURG, PA 17108 (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 l 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: December 3, 2009 GOL CK Mc AFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff ,~,~ , *' ' ~ 09-6686 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 SB/M MANUFACTURESE & TRADERS TRUST COMPANY 1100 Wehrle Drive Williamsville, NY 14221 Plaintiff vs. NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER KIlZK A. PERKINS Mortgagor(s) and Record Owner(s) 6030 Creek View Road Mechanicsburg, PA 17050 Defendant(s) Term No. 09-6686 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: EICHELBERGER-PERKINS, NANCY S. a/k/a NANCY S. EICHELBERGER NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER 6804 Clubhouse Drive Apartment J Harrisburg, PA 17111 Your house at 6030 Creek View Road, Mechanicsburg, PA 17050 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 $120,940.97 obtained by M&T BANK SB/M MANUFACTURESE & TRADERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: ..~; '~ ~ t 09-6686 1. The sale will be cancelled if you pay to M&T BANK SB/M MANUFACTURESE & 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. l . if the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 WI~ERE 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 ,~ 09-6686 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.~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.nhfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 87073FC. Para information en espanol puede communicarse con Loretta a1215-825-6344. All that certain parcel or tract of land situate in the township of Hampden, County of Cumberland and, commonwealth of Pennsylvania and being the same real property conveyed to Kirk A. Perkins and Nancy S Eichelberger by deed on 9/03/2003 as document no. 2003-048015 Book 259 Page 217 among the officiall records of Cumberland County, Commonwealth of Pennsylvania. said deed reference made herein for a more full description. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point marked by a railroad spike in the'center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souders thence along the center line of said Public Road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a Railroad spike in the center of said road; thence North 21 degrees 15 minutes West, a distance of there hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the Public Road, aforementioned,' at the place of Beginning. CONTAINING 69/100 acres of land. BEING improved with a dwelling known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. TAX PARCEL #: 10-17-1031-003 BEING the same premises which Robert Thornton and Linda M. Thornton, husband and wife, by Deed dated 8/27/2003 and recorded 9/3/2003 in Book 259 Page 217 Instrument #2003-048015 granted and conveyed unto Kirk A. Perkins and Nancy S. Eichelberger a/k/a Nancy S. Eichelberger-Perkins SUBJECT TO MORTGAGE 1 09-6686 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 SB/M MANUFACTURESE & TRADERS TRUST COMPANY 1100 Wehrle Drive Williamsville, NY 14221 Plaintiff vs. NANCY S. EICHELBERGER-PERKINS a/k/a NANCY S. EICHELBERGER KIRK A. PERKINS Mortgagor(s) and Record Owner(s) 6030 Creek View Road Mechanicsburg, PA 17050 Defendants; Term No. 09-6686 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: PERKINS, KIRK A. KIRK A. PERKINS 529 Fariway Drive Camp Hill, PA 17011 Your house at 6030 Creek View Road, Mechanicsburg, PA 17050 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 $120,940.97 obtained by M&T BANK SB/M MANUFACTURESE & TRADERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 1 ' 09-6686 1. The sale will be cancelled if you pay to M&T BANK S/B/M MANUFACTURESE & 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. 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 compazed 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. You may contact the Foreclosure Resource Center: http://www.philade~hiafed.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 $ Irvine Row Carlisle, PA 17013 717-243-9400 09-6686 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:l/www.phfa. org/consumers/homeowners/real.as~x. 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 1-866-413-231 l 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 87073FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. All that certain parcel or tract of land situate in the township of Hampden, County of Cumberland and, commonwealth of Pennsylvania and being the same real property conveyed to Kirk A. Perkins and Nancy S Eichelberger by deed on 9/03/2003 as document no. 2003-048015 Book 259 Page 217 among the official) records of Cumberland County, Commonwealth of Pennsylvania. said deed reference made herein for a more full description. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point marked by a railroad spike in the'center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souders thence along the center line of said Public Road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a Railroad spike in the center of said road; thence North 21 degrees 15 minutes West, a distance of there hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the Public Road, aforementioned,' at the place of Beginning. CONTAINING 69/100 acres of land. BEING improved with a dwelling known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. TAX PARCEL #: 10-17-1031-003 BEING the same premises which Robert Thornton and Linda M. Thornton, husband and wife, by Deed dated 8/27/2003 and recorded 9!312003 in Book 259 Page 217 Instrument #2003-04$015 granted and conveyed unto Kirk A. Perkins and Nancy S. Eichelberger a/k/a Nancy S. Eichelberger-Perkins SUBJECT TO MORTGAGE " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6686 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, s/b/m MANUFACTURESE & TRADERS TRUST COMPANY, Plaintiff (s) From NANCY S. EICHELBERGER-PERKINS a/Wa NANCY S. EICHELBERGER, KIRK A. PERKINS (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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $120,940.97 L.L. $.50 Interest from 12/4/09 to Date of Sale per diem at $8.74 -- To be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $199.50 Other Costs Plaintiff Paid Date: 12/4/09 (Seal) REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Deputy Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 92069 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered, 6030 Creekview Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~... Real Estate Coordinator L I =~ d l i 030 b001 11d ?~1Nfi0~ t~'4°~ __,c~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 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. ~- isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 30 da of A ril2010 u` Notary NOTARIAL SEAL ~B~iAN A COLLINS Noun! Public LISLE SOROUGFi, CUAMERLANO COUNTY iS)r Con~:fon Expk~rt Apr 28, 2014 wait 110. ~-iSK CM1 M 8a T Bank vs. Nancy S. Eichelberger-Perkins a/k/a Nancy S. Eichelberger Kirk A Perkins Atty: Michael McKeever All that certain parcel or tract of land situate in the township of Hampden, County of Cumberland and, commonwealth of Pennsylvania and being the same real property con- veyed to Kirk A. Perkins and Nancy S Eichelberger by deed on 9/03/2003 as document no. 2003-048015 Book 259 Page 217 among the officiall records of Cumberland County, Commonwealth of Pennsylvania. said deed reference made herein for a more full description. ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumber- landand Commonwealth of Pennsyl- vania, more particularly described as follows: BEGINNING at a point marked by a railroad spike in the'center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souders thence along the center line of said Public Road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a Railroad spike in the center of said road; thence North 21 degrees 15 minutes West, a distance of there hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the Public Road, aforementioned,' at the place of Beginning. CONTAINING 69/ 100 acres of land. BEING improved with a dwell- ing known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. TAX PARCEL #: 10-17-1031-003 BEING the same premises which Robert Thornton and Linda M. Thornton, husband and wife, by Deed dated 8/ 27/ 2003 and recorded 9/3/2003 in Book 259 Page 217 In- strument #2003-048015 granted and conveyed unto Kirk A. Perkins and Nancy S. Eichelberger a/k/a Nancy S. Eichelberger-Perkins. SUBJECT TO MORTGAGE. ~.~..,..w..:,,.>.sw~...~.-,.a...~...,i~.~~:.,,, eye.,,..:. ;~~t;.b tip 3 ,~ °+~t..~ft~$:fC1 is 1. ~k yraa sVS 'Y iNS?, uir`4 ;y ~MNkc;i nrl,tuf~''.ii ~3l~•,lf1A.? ~i "-; h~ .~cl ~.~t, t:•,~tii litiil~ttmti'+i0~ YM~,{ ..: M.:.e".MaA '' The Paxriot-News Co. 2020 Technology Pkv-~y Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~l1e ~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 all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04116/10 04/23/10 04/30/10 ~. ~ T Sworn to an~~b'~ ribed before me this 18 day of ay, 2010 A.D. ~/' ~- ~/ Notary Public COMMONWEgLTH OF R~IVNSYI.VMIIA Notar'lal Seal Sherrie L Klsner, Notary Publk Lower Paxton Twp,, Dauphin County My Commission Expires Nov, 26, 2011 Member, Pennsylvania Association of Notaries YIttIC iwlo. SO®i~Ntli irlvN Term M dtT yank V$., fancy S: Elchslberger-Perkins aAc/a Natn~r S. Eerger , ~I~fdt A Herldna . Airy: 11Ak:hael McKeever AI,L THAW CERTAIN parcel, or tract of land situate inthe to~ttship of Hamden, County of Clmabaland antJ, cpmmonwe8hh of Penasylvama wd being the s teal property conveyed to IGrk'A..Peilona and Nancy S Pachelbeigetby deed on 9/03I2<J03aa docaanent no. 2003-048015 Book 259 Page 217 ata~mg the of6ciall recede of Cumberland .GpuntX<,Comtnonwealth of Pennsylvania, said deed reference made herein fora more full desaiptign. , , ALI.THATCERTAIN fractotParcel of land and premises, situate, lyiagat-d being in the Township of Hampden, in the County of Cumberland and CotnmoAtvealth of Peanaylvania, more pastcularly descaibed asdollows: " BEGINNING at a point marked by a ;~ailroa$ spike in tbe'center of a public road known as Creek YieAy Road at cornet of;lwd aow or formafly of Ray M. "Bonder; thence along the centek line of said Public Road, South 83 degrees 53 iniwutes a distance of one hundred (100) feet to a Railroadaplke in thecentetnt saidroad;,thears North 21 degrpos 1S mis-rtea Weat, a distance of there hundred (300) fed to w iron pipe; thence co~inuing along the linn',~-)apd3 of the saute, North $3 dygrees S3 nunutes East, a distance of one. hund<Cd (I00) feet to sn iron pipe, "Booth 21. degrees 15 minutes Ea, trt, a distaiace of ttiree hundred(300) feet to a taih~oad spike a theranter of the:Publie Rgad, aforemenlsooed,' at the phra of " CONfAfNING 64/104 saes of fwd. BEING improved with a dwelling known an numbesEd`~~-s.4030 Geek.wew Road, Mechanicsburg, Pcaptylvanis. TAR PARCEL #;1D-~~-103I-003 BEING .the same pa€mises which Robert Thornton and Idttda M. ~OrntoQ,,husband and wife, by Deed dated 8/2'7f2003 and recorded 9/372003 m $ook 259 Page 217 Instrument ik2003-t)480151,granted and conveyed unto Kitk A. Perkim andN~y S.1~}tel6ageralklaNancy S. Eic P~ Sillil8('1~A~OR'IC3NGE