Loading...
HomeMy WebLinkAbout09-8555GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. JONATHAN P. ANDERSON Mortgagor and Record Owner 158 A Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW Plaintiff Defendant ACTION OF MORTGAGE FORECLOSURE Term (R - 8555 V i C i ?? t a.., ,t?, "f P?qO+ I'?N?? O RTGAGNS °-rm pr? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DECISION, DE ESTA DEMANDA. POR RAZON DE ESA DP, ES POSSIBLE QUEUSTED PUEDA PERDER DINRO, PROPIEDAD U OTROS DERECHOS USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME PORT DEOCOMO CONSEUIR UN ABOGADOJO. ESTA OFICINA PUEDE PROVEERE CON INFORMALION SI USTED NO PUEDE PAGARLE A UN ABO SERV C OS LEGAL A PERSONAS INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER 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 http://www.phfa.orv,/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: b - ://www.philadelphiafed.oroforeclosure/ 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 91203FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T BANK, 1 Fountain Plaza, Buffalo, NY 14203. 2. The names and addresses of the Defendant is JONATHAN P. ANDERSON, 158 A Street, Carlisle, PA 17013, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On August 14, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1962 Page 93. The mortgage has been assigned to: M&T BANK by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 16, 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 ..................................................................................$114,315.56 Interest from 06/16/2009 through 11/30/2009 at 5.9400% .......................$3,124.80 Per Diem interest rate at $18.60 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ............... Late Charges from 07/16/2009 to 11/30/2009 ...................................... ...........................................................••• Costs of suit and Title Search • Pro Rata MIP/PMI ................................................................................. Escrow Advance Total- Fees ........................................................................................... NSF Charges ....................................... Recoverable Balance ........................... Monthly Escrow amount $122.70 ....$5,715.78 .......$162.54 ....... $900.00 .......$181.88 0.56944 .........$73.55 ,.........$20.00 ........$100.00 $125,163.85 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 Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $125,163.85, together with interest at the rate of $18.60, 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: . k n l -?A-J GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Christopher M. Zeis , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 11/27/09 a? Chris ?pher M. 'Vice6President #91203FC - JONATHAN P. ANDERSON 158 A Street Carlisle, PA 17013 EytFiiditA ALL THAT CERTAIN lot or piece of ground situate in the Borough of Carlisle. County of Cumberland, Commonwealth of Pennsylvania. ON the North by "A" Street on the East by property now or formerly of Lydia A. Shits, widow, on the South by a private alley, and on the west by a private alley 10 feet wide, oontaming 50 feet m front on "A" Street, and extending in depth 150 feet, more or less, to said private alley on South. i C'cc iii. ('y this to be recorded In Cunn.berland County PA 1, .,.,. .. Recorder of Deeds Eysthibit (B ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Spec information about the nature of the default in provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this- Notice with you when you meet with the Counseling Agency. The name, address and phone number of the 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 an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACWN EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIWN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PIWSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA 7100 0000 0000 0065 0346 FM M&T Bank Understanding what's important' September 15, 2009 Jonathan P. Anderson i 158 A Street Carlisle PA 17013 RE: Homeowner's Name(s): Jonathan P Anderson Property Address: 158 A Street j Carlisle PA 17013 Loan Acct.No.: 0011713807 f Original Lender: M&T Mortgage Corporation I Current Lender/ Servicer: M&T BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM US POSTAL SERVICE RETURN RECEIPT FOR CERTIFIED MAIL SEND TO: JONATHAN PANDERSON 150 A STREET CARLISLE PA 17013 FEES: Po9 fte: 0.44 Certified Fee: 2.80 Return Recei M: %": 2.30 OTAL: M $.54 POSTMARK or DATE PS Fonn 3800, April 1095 It. .7.r•.1Ma-050 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 ELIGIBILE 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 this time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. "THIS MEETING MUST OCCUR WITH THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE." IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenices 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 1 80o 724 1633 ' Payment Processing - P.O. Box 62182, B81111TIore, MD 21264-2182 Mortgage account information, just a ck* away www.mtb.com IM M&T Bank Understanding what's important" must fill Emergency Mortgage Assistance Program. To do so, you 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. Onlythe consumer credit counseling agencies have app program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. apo temp ionrMUST stop the lender from filing a foreclosure action, your be forwarded to PFHA and received within thirty (30) days of your face-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 PREVENTED TEMPORARILY PROPERTY, 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 TOPPEDTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL 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 (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. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 1 Carlisle 58 A Street e 17013 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 483.84 for the months of 01-16-09 through today's date. Other charges: Accrued late charges: 72.24 Accrued other fees: 24.85 TOTAL AMOUNT PAST DUE: $ 2536.29 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MO 21264-2182 Mortgage account information, just a click away. www.rntb.com FM M&T Bank Understanding what's important' NOTE: IF YOU ARE YPROTECTED YTHE FILING FORFINA PETITION FORMATION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) M&T Bank is attellnptig uroselecifayoubareninabankruptcytornreceivedda will be used for that p bankruptcy discharge of this debt, this communication notiis not anpat empt to collect the debt against you personally, enforcement of the lien-against the collateral property. CL950 1 800 724 1633 ' Payment processing - P. 0. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away. www.mtb.com LM M&T-Bank Understanding what's important' HOW TO CURE TDELofrthisunomay ticeuBY PAYINGfTHEtTOTALiAMOUNTTY (30) DAYS of the date 2536.29, PLUS ANY PAST DUE TO THE LENDER, WHICH I5 $ MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUCasURIN THer's THIRTY (30) DAY PERIOD. Payments must be made by check, certified check or money order made payable and sent to: M&T Bank P.O. Box 62182 Attn: Payment Processing Baltimore, MD 21264-2182 IF YOU DO NOT CURE THE DEFAULT -- If you do not cureTtheLdefault within THIRTY (30) DAYS of the date of this Notice, INTENDS TO EXERCISE ITS OUR MORTGAGE PROPERTY. This EmeTHE ansMthatAtheDentireND FORECLOSE UPON PON YOUR outstanding balance of this debt will be consideredmdue imm diatelments. and you may lose the chance to pay the mortgage in If full pa went of the total amount past due is not made within THIRTY (30? legal action lender also mortgaged property. to start 1 g 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 ainstt reasonable delinquency before the lender begins legal proceedingsaagainst s you, youwill still be required to pay to 50,00. Howevex, if legal fees that were actually incurred, up $wil have to pay all proceedings are started against you, you 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 OgE CETHE TO PAY ATTORNEY'S FEES. (30) DAY PERIOD, YOU WILL NOT REQUIRED 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 DALE period and have not cured the default within the THIRTY (30) p foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uptto one hour before the Sheriff's Sale. You may do so by paying amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with theSheriff's Sale as specified in writing by the lender and by performing any other requirements NPOSITIONFASTIFIN under the moWILLBRESTOREIYOUROMORTGAGELTOITHEHSAME THIS NOTICE 1 800 7241633 - Payment processing - P.O. Box 62182, BaHimore, MD 21264-21182 Mortgage account information, just a click away. www.mtb.com F M&T -MIC NONNI" Understanding what's important! YOU HAD NEVER DEFAULTED. LEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the EARL mortgaged property earliest date that such a ROXIMATELYS10eMONTHSeFROM tHffDsTS Or could be held would be APP the amount THIS NOTICE. A notice ttheasale1 dofecourse, heram wait. You YOU will be sent to you before a went or needed cure the dtimelexactlyiwhatathetrequiredrpy may find d out at any the lender. action will be contacting HOW TO CONTACT THE LENDER: Name of Lender: M&T Bank Address: P.O. Box 84014240 Buffalo, Phone Number: 800-724-1633 Contact Person: Evelyn Wilson Email Address: ewilson@mtb.com Fax Number: OF SHERIFF'S SALE You should realize that will end your ownership of the mortgaged property and yourfrightale after the EFFECT s and to occupy it. If you continue to live in theur roferty afturnishing sheriff s Sale, a lawsuit to remove you and yo time. other belongings could be started by the lender at any You MAY or _XX_ MAY NOT ASSUMPTION OF MORTGAGE - - sell or transfer your home to a buyer or transferee who will assume at the the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to osatisfied. sale and that the other requirements of the mortg YOU MAY ALSO HAVE THE RIGHT: OINSTITUTIONFF THE x TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY DEBT OR TO BORROW MONEY FROM ANOTHER PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR NO BEHALF. SAME HOWEVER, YOU DO ? TO HAVE THE MORTGAGE RSy?vECURE DEFAULT HAD OCCURED, IF THE DEFAULT. SI(ION AS I NOT HAVE THIS RIGHT RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIME OSURE IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY OTHER LAWSUIT INSTITUTED UNDEROTHELMORTGAGE PROCEEDING OR ANY ANY OTHER DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. * TO SEEK Sincerely, Evelyn Wilson ENC: CL 955 1 800 724 1633 ! Payment processing - P.O. Box 62182, Ba{timore, MO 21264-2182 . Mortgage account information, just a click away www. mtb.com CUMBERLAND COUNTY HEMAP Counseling Agency List as of 4/2812003 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (71 T) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1T110 . (71 T) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 C??Ptir' . r.n *9a . co Po ATty C& 5088981sog ai s pT4t a 3q9// SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AnderS~n Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~©~~~~tr ~{ 4iunbcr~d~~ ~• ~ M ~,~~;-`~ 4FFittE QF'HG c~ERIFF ~L`~lJ. ;- . - . 2~ ~ ~ Jam" 3 2 ~~= 4t9 ,`, M & T Bank vs. Case Number Jonathan P. Anderson 2009-8555 SHERIFF'S RETURN OF SERVICE 03/30/2010 06:15 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 3/30/10 at 1815 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 Jonathan P. Anderson, located at, 158 A. Street, Carlisle, Cumberland County, Pennsylvania according to law. 04/21/2010 09:39 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/21/10 at 2137 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: Jonathan P. Anderson, by making known unto,Jonathan P. Anderson, personally, at, 219 Marion Avenue, Carlisle, 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, 1 Fountain Plaza, Buffalo, NY 14203, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 757.38 SHERIFF COST: $757.38 June 30, 2010 SO ANSWERS, .~ RON R ANDERSON, SHERIFF ~~•OD P~ • fie.,, a.o~ ~ - ~. . SZ~ ~ pd , ~.~ ~~95a ~~S3o/ {c! CountySuite Sheriff, TeleosoYT, Inc. r• 09-8555 CIVIL TERM GOLIjBECK McCAF>F'ER ~ Y & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. JONATHAN P. ANDERSON Mortgagor(s) and Record Owner(s) 158 A Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8555 CIVIL TERM Defendants 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: ANDERSON, JONATHAN P. JONATHAN P. ANDERSON 158 A Su-eet Carlisle. PA 17013 Your house at 158 A Street. Carlisle, PA 17013 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 $125,235.25 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's tees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. 2. You may be able to stop the sale by tiling a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 09-8555 CIVIL TERM 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httn://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 09-8555 CIVIL TERM Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe 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 nay 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 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 cr,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 2l 5-825-6318 or Fax: 21.5-825-6418. Please reference our Attorney File Number of 91203FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot or piece of ground situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania On the North by "A" Street; on the East by property now or formerly of Lydia A. Shite, widow; on the South by a private alley; and on the West by a private alley 10 feet wide, containing 50 feet in front on "A" Street, and extending in depth l 50 feet, more or less, to said private alley on South. TAX PARCEL #06-20-] 798-290 BEING KNOWN AS: 158 A St., Carlisle, PA 17013 Vested by Special Warranty Deed, dated 8/12/2006, given by Robert A. Marshall and Kasi L. Krenzer Marshall, husband and wife to Jonathon P. Anderson and recorded 8/17/2006 in Book 276 Page 1022 Instrument #2006-02982 VS. Goldbeck McCafferty & McKeever BS': Michael T. i~lchee~er , Attorney ~.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&"I' BANK l Fountain Plaza Buffalo. NY" 14203 JONATHAN P. ANDERSON (Mortgagor(s) and Record Owner(s)) 158 A Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURI~ O1= COMMON PLEAS of Cumhcrland County CIVIL ,1C"17ON - LA~~' ACTION OF MO]ZTGAGE FORECLOSURE No. 09-8~» CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by its attorney. Michael -I~. McKeever. I~.quire. sets lorth as of the date the praecipe for the writ of execution was tiled the following information concerning the real properu~ located at 158 A Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): .IONATHAN P. ANDERSON 158 A Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: JONATHAN P. ANDERSON 158 A Street Carlisle. PA 17013 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 CUMBL-RL:~ND C(.)t_INII' PO Box 320 Carlisle. PA 17013 PA DEPARTMENT OF PUBLIC WFLFAKE -Bureau of Child Support E:ntorcement Health and Welfare Bld~~. -Room 432 P.O. Box 2675 Han-isbur~. PA 17105-2675 4. Name and address of the last recorded holder of every mort~~aee of record: r PENNSl'L~':~NIA }iOUS[NG FINANCE- AGENCI' ~'l l North 1=runt Street P.O. Box~l ~Oi7 13an-isbur~,_ PA 17101 ~. Name and address of erery other person ~~ho has any record interest in or record lien on the property and whose interest may be aflected by the sale: 6. Name and address of eery odler person of ~~~hrn» the plaintiff has kno~~~led~~e who has any record interest in the property which ma~~ be affected by the sale. 7. Name and address of e~~ery ether person of ~~~hom the plaintiff has kno~~~ledge who has any interest in the property ~~~hich may be affected b~ the sale. ~fFNANTS OCCUPANTS 1 i8 A Street Carlisle. PA 1 %013 (attach separate sheet if more space is needed) I ~~erify that the statements made in this affida~ it are tnie and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to die penalties of 18 Pa. C.S. Section 4904 relating to unswoi7~ falsification ro authorities. DATED: January 19. ?010 G _ 13FCK [v1cCAFFERTY & McKEEVER Y: 1~9ichael T. McKeever. Eaq. Attorne~~ lin Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYF VANIA) CCIUNTY OF CUMBERLAND) NO 09-8555 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From JONATHAN P. ANDERSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $125,235.25 L.L. $.50 Interest from 1/20/10 to Date of Sale per diem at $18.60 - To be Determined Atty's Comm % Due Prothy $Z.00 Atty Paid $165.90 Other Costs Plaintiff Paid Date: 1/':1; lfr / David D. Buell, Proth notary (Seal) By. Deputy R1/QliESTING PARTY: Name: MIChiAEL T. McKEEVER, ESQUIRE Address: GULDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 ,..~ On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, Known and numbered, 158 A Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~---t Real Estate oordinator ~.. -~ . ~>-- ~.~ ~_- z ~~, v~ :.- ~~, ~_ ~~_ ,_ . ,_; ;~_'. C_ „_.. M Q. N N Z Q 0 0 N !~~~~~~ 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 Cazlisle 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz 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. ~v:ic xa. zoo9-sass cf.it M L~ T Bank vs. Jonathan P. Anderson Atty: Michael McKeever ALL THAT CERTAIN lot or piece of ground situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania On the North by °A" Street; on the East by property now or formerly of Lydia A. Shite, widow; on the South by a private alley; and on the West by a private alley 10 feet wide, contain- ing 50 feet in front on "A° Street, and extending in depth 150 feet, more or less, to said private alley on South. TAX PARCEL #06-20-1798-290. BEING KNOWN AS: 158 A St., Carlisle, PA 17013. Vested by Special Warranty Deed, dated 8 J 12 / 2006, given by Robert A. Marshall and Kaai L. Kremer Marshall, husband and wife to Jonathon P. Anderson and recorded 8/17/2006 in Book 276 Page 1022 Instrument #2006-02982.. ,-~, ____ r-- sa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this da of Aril 2010 , 1 Notary NOtARIAL SEAL DEBORAH A COLUNS Nary Banc CARLISLE BOROU4H, CUMBERlANO COUNTY Mkt ConMnlss,ton Expina Apr 23, 201 ,s~~~.'~ {;~5~~11 y ~ r'ti~ .' E3N ,+t'?'!`,Ez~' .N.~+.!(1ftC~,3 ~~~t.1~1A? AtL ,$~ t~,}.~ _e~ qxa r.~7f~a3mrnv'~ ~~.W...Jt -. The Patriot-News Co. 2020 Technology Pkwy Suite 30A Mechanicsaurg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~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 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 dates) shown below: 04/16/10 - 04/23/10 04/30!10 Sworn to nd cribed before me t~iis 18 ¢~ij of May, 2010 A. D. Notary Public COMMONWE~ILTH OF PENNSYLVANIA Notarlel Seel Sherrie t» K19r1er, Notary WubNc Loaner PaxOOn 'Tlap., Deuphkr County ComnM~lan 6~kee Nov. 26, 2011 '' Penr~slMenle Assodetlon of Notaries ~Y ~lll~~~,l~i.... 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 21ST day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8555, at the suit of M & T BANK against JONATHAN P ANDERSON is duly recorded as Instrument Number 201018169. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this ~~ day of 1MtJ~4,~db~nb+o~a-~ !~ ~ M ip6~i!le~i 1~I+weu~,