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Home My WebLink About10-2518GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 RLEXFFICE SUITE 5000 - MELLON INDEPENDENCE CENTER OF THE MTHMOTAW 701 MARKET STREET PHILADELPHIA, PA 19106 2011 APR 16 AN 11 31 (866) 413-2311 WWW.GOLDBECKLAW.COM CUMffRLx-40 (tm ATTORNEY FOR PLAINTIFF M&T BANK IN THE COURT OF COMMON PLEAS I Fountain Plaza Buffalo, NY 14203 OF Cumberland COUNTY Plaintiff Vs. CIVIL ACTION - LAW WAYNE A. KENDEL Mortgagor and Record Owner ACTION OF MORTGAGE FORECLOSURE 902 Sadler Court C li l PA 1 013 10-9518 C?vt ??}?l ar s e, 7 D f d t CIVIL ACTITerm WMORTGA e en an GE P WMIRUAI= 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 C5) 8 Irvine Row i Q a. oo Po, Rtrq Carlisle, PA 17013 W 5'a les 1$ 717-243-9400 P-4 aq D jay / AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE iNFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.or0consumers/homeowners/real.qMx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention&goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 9672517C. 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 WAYNE A. KENDEL, 902 Sadler Court, Carlisle, PA 17013, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On November 17, 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 1973 Page 4641. 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 October 22, 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 ...................................................................... Interest from 09/22/2009 through 04/01/2010 at 5.6300%....... Per Diem interest rate at $22.40 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ... Late Charges from 10/22/2009 to 04/01/2010 .......................... Monthly late charge amount at $22.21 Costs of suit and Title Search (Estimated) ................................ Pro Rata MIP/PMI ......... $145,194.67 ............. $3,898.79 .............$7,259.73 ................$244.31 Escrow Advance ......................................................................................... Total Fees .................................................................................................... NSF Charges ............................................................................................... Monthly Escrow amount $143.75 $900.00 $113.10 ..$21.62 ..$98.50 ..$20.00 $157,750.72 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 terns judgment in mortgage foreclosure in the sum of $157,750.72, together with interest at the rate of $22.40, 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: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION 1, 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: 4/5/10 Christ her M. Zeis Vice President #96725FC - WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 0011868569 GMM File Number: 96725FC ParcelID#: 04-22-0481-197 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T MORTGAGE CORPORATION (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to M&T BANK. M&T BANK (Assignee), all of its right, title and interest, as holder of in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed WAYNE A. KENDEL, Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T MORTGAGE CORPORATION. Bearing date of. November 17,2006; Amount Secured: $154,230.00; Recorded on November 22, 2006; in Book 1973 Page 4641; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 902 Sadler Court, Carlisle, PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this 9th day of April 2010. ------------ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T MORTGAGE CORPORATION (Affix Corporate Seal) (SEAL) Name: "NfAtopile, I Zeis Titles,, ce Pre dent ' 117 t / r (SEAL) , Name: Alicia fiver Title: Banking Officer ss: STATE OF NEW YORK ) COUNTY OF ERIE ) MORTGAGE CORPORATION officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of n Resnlntinn of its Rnard of Directnrs tary Public cam, My commission expires{ •31,00013 I hereby certify the address of the Assignee is: 1 Fountain Plaza, Buffalo, NY 14203 AkkA -? JOW M. G" MOArtlau Notary Pubk Side d New York Rep. Nm 479935 oualw in Erie County / My Cwwd= on E)tres October 31, 20..L_., 0011868569 Case #: 96725FC BE IT REMEMBERED, that on this 4 day of APN I 2010, before me, the subscriber, a Eys.ki6itA ALL THAT CERTAIN tract of land with improvements thereon, situated in the Third Ward of the Bamugh of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the west side of Sadler Court, which point is in the line of dividing Lou 22 and 23 ss shown on the Plan of Section 2 of Forest Park recorded in Cumberland County, Pennsylvania, in Plan Book 16, Page 54; thence along said dividing line, North 70 degrees 15 minutes 40 seconds West, 143.16 feat to a point in the line dividing Lots 1 R and 23 on said plan of tots; thence along the last mentioned dividing lute, Notch 14 degrees 52 minutes 40 seoonds West, 106 feet to a point on the right of way of Lrtarsaft 81; thence along said right of way line, South 88 degrees 31 minutes 40 seconds East, 235.63 feet to a point in the line dividing Lots 23 and 24; thence along said law mentioned dividing line, South 09 degrees 19 mitufts 113,79 feet to a point on the north side of Sadler Court; thence by a curve to the left at the nortltw astern and of the cul-de-sac at the end of Sadler Court, a distanc3 of 69.44 feat to the Place of BEGINNING. BB1NG Lot No. 23 as shown on the Plan of Section 2 of Forest Park, as moorded in to Office of the Raoonder of Deeds for Cumberland County in Plan Book 16, Page 54. BEING improved with a brick ranch dwelling house and garage known as 902 Sadler Court, Pennsylvania. Ex,ohibit (B 10 M&T Bank Understanding what's important` February 25, 2010 Wayne A. Kendel 902 Sadler Court Carlisle. PA 17013 RE: Homeowner's Name(s): Property Address: Loan Acct.No.: Original Lender: Current Lender/ Servicer February 25, 2010 Wayne A Kendel 902 Sadler Court Carlisle PA 17013 0011868569 M&T Mortgage Corporation M&T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAW-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 mortga a for thirty (30) days form the date of this Notice (plus three 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 WITHIN THE NEXT 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. February 25, 2010 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a c11ck away. www.mtb.com F M&T Bank Understanding What's Important' APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see followin 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 forwarded to PFHA and received within thirty 130) days of the 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 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 (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 (Brims it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 902 Sadler Court Carlisle PA 17013 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE BI-WEEKLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular bi-weekly payments of $ 587.91 for the months of 10-22-09 through today s date. Other charges: Accrued late charges: 177.68 Accrued other fees: 24.00 TOTAL AMOUNT PAST DUE:' $ 5564.77 February 25, 2010 1 800 724 1633 ' Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a click away. www.mtb.com FM M&T Bank Understanding what's important' NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of possible enforcement of the lien against the collateral property. CL957 1 800 724 1633 • Payment Processing - P.O. Box 62182, BaNimore, MD 21264-2182 Mortgage account Information, just a click away www.mtb.com ur_nc M&T Bank Understanding what's importanN February 25, 2010 HOW TO CURE THE DEFAULT -- BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 5564.77, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier's 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 cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure 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 begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. OTHER LENDER REMEDIES -- 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 prevent the sale at any time up to one hour before the_Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. CURING YOUR DEFAULT IN THE MANNER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. February 25, 2010 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away www.rntb.com LM M&T Bank Understanding what's important' EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be APPROXIMATELY 10 MONTHS FROM THE DATE OF THIS Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M & T Bank P.O Box 840, Buffalo NY, 14240 Fax Number: 716-630-4900 Phone: 1-800-724-1633 Contact Person: Evelyn Wilson E-Mail Address: ewilson(mtb.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale will end your ownership of the mortgaged property and your right to occu?y it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO DEFAULT HAD OCCURED, IF YOU CURE NOT HAVE THIS RIGHT TO CURE YOUR IN ANY CALENDAR-YEAR.) * TO ASSERT THE NONEXISTENCE OF A PROCEEDING OR ANY OTHER LAWSUIT DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE Sincerely, Evelyn Wilson Enc: 41 THE SAME POSITION AS IF NO THE DEFAULT. (HOWEVER, YOU DO DEFAULT MORE THAN THREE TIMES DEFAULT IN ANY FORECLOSURE INSTITUTED UNDER THE MORTGAGE YOU BELIEVE YOU MAY HAVE TO SUCH FEDERAL BANKRUPTCY LAW. February 25, 2010 1 800 724 1633 • Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account Information, just a click away. www.mtb.com M&T Bank understanding whathimportanr NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) M&T is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. CL958 1 600 7241633 • Payment Processing - P.O. Box 62162, Baltimore, MD 21264-2162 Mortgage account information, just a click away. www rntb.oom In the Court of Common Pleas of Cumberland County M&T BANK o ' 1 Fountain Plaza is i ~ Buffalo, NY 14203 Plaintiff No.10-25 ~ vs. ~ t WAYNE A. KENDEL (Mortgagor(s) and Record Owner(s)) "xt ~ 902 Sadler Court Carlisle, PA 17013 = ' Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against WAYNE A. KENDEL by default for want of an Answer. Assess damages as follows: Debt Interest from 05/28/2010 to Date of Sale per diem at $22.40 Total (Assessment of Damages attached) $159,171.08 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default d and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: GOLDBECK MCCAFFERTY & MCKEEVER Mi hael McKeever Pa. ID 56129 McCafferty Pa. ID 42386 isa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW r J un ~ 020 w ,Judgment is entered in favor of M&T BANK and against WAYNE A. KENDEL by default for want of an Answer and damages assessed in the sum of $159,171.08 as per the above certification. 0 onotary i~.oo Pa pm/ e~ ~°`~`~ ~,~ a~ a.9yy t~o~lee ~t~~ Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. WAYNE A. KENDEL (Mortgagors and Record Owner(s)) 902 Sadler Court Carlisle, PA 17013 Defendant(s) No. 10-2518 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Do~vid 7~.8~ell Protho B• Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 96725FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 13, 2010 TO: WAYNE A. KENDEL KENDEL, WAYNE A. 902 Sadler Court Carlisle, PA 17013 M&T BANK 1 Fountain Plaza. Buffalo, NY 14203 vs. WAI'NE A. KENDEL (Mortgagor(s) and Record Owner(s)) 902 Sadler Court Carlisle, PA 17013 TO: WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 10-2518 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZING 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 COiJNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, WAYNE A. KENDEL, is about unknown years of age, that Defendant's last known residence is 902 Sadler Court Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ~ ~~r~~ TINAMARIE BOSCHETTI VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, WAYNE A. KENDEL, is about unknown years of age, that Defendant's last known residence is 902 Sadler Court Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: TINAMARI BOSC TI GQLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County WAYNE A. KENDEL (Mortgagor(s) and Record owner(s)) 902 Sadler Court Carlisle, PA 17013 CIVIL ACTION LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 10-2518 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK, and against WAYNE A. KENDEL for failure to file an Answer in the above action within (20) days (or sixty (60) days if de the United States of America) from the date of service of the Complaint, in the sum of $159,171.08. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 \Ga~ McCafferty Pa. ID 42386 ~a Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T BANK 1 Fountain Plaza Buffalo, NY 14203 and that th a s) and last known address(es) of the Defendant(s) is/are WAYNE A. KENDEL, 902 Sadler Court Carlisle, PA 17013 By: GOLDBE K M CAFFERTY & MCKEEVER Mi hael McKeever Pa. ID 56129 McCafferty Pa. ID 42386 isa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $145,194.67 Interest from 09/22/2009 through $5,153.19 05/27/2010 Reasonable Attorney's Fee $7,259.73 Late Charges $266.52 Costs of Suit and Title Search $900.00 Escrow Payments Due 1 X $143.75 $143.75 Pro Rata MIP/PMI $113.10 Escrow Advance $21.62 Total Fees $98.50 NSF Charges $20.00 $159,171.08 By: GOLDB~CK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 G~ly McCafferty Pa. ID 42386 sa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this 's~ day of ~UI'k° , 2010 damages are assessed as above. thy PRAECIl'E FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. WAYNE A. KENDEL Mortgagor(s) and Record Owner(s) 902 Sadler Court Carlisle, PA 17013 P.R.C.P 3180-3183 ~;~:~~~ t~F T1-~ PIIC~ft)t~RY 2010 .?UN - I PM 3~ 07 ~~f~,. +~`ti1 I'~~.y1 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 10-2518 TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: O ~d~ .op P (~ A'TT'Y ~.4o e6F' Qa •DD " i~.oo " a•so ., lo5.Q0 - PD FIT'N ~a.oo ~~ •SO t-L C~ 53alou~ ~~ a'~aguy l~ ~~~~ Amount Due Interest from 05/28/2010 to Date of Sale per diem at $22.40 (Costs to be added) $159,171.08 By: GOLDBECK MCCAFFERTY & MCKEEVER Mi hael McKeever Pa. ID 56129 V~jary McCafferty Pa. ID 42386 isa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff z o Q "" F a N z ~- ~ U wL O p K w , w ~ .~ O o O W ° ~ L ~Nv Q ~ x~=a - a ~" o ~. H-'o H o > d b w~v,~ 3~ o Z a ~ ~ % c ~U a ~ , Q ~ 3 ` 0 ~ ~ x ~ w F z a ~, H U ~. ~. ~ ~, ~U x ~ ,~ 0 ~b ~ ~ LAN ~~~Q~ 'O .~ C. , y~ ~ .~ ~ N U~~~~ ~.~n _ a~ ~~O c~CN ~ ~ ~ ~ oo a, ^~a ° o~ ~~ ALL THAT CERTAIN tract of land with improvements thereon, situated in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING al a point on the west side of Sadler Court, which point is in the line of dividing Lots 22 and 23 as shown on the Plan of Section 2 of Forest Park recorded in Cumberland County, Pennsylvania, in Plan Book 16, Page 54; thence along said dividing line, North 70 degrees 15 minutes 40 seconds West, 143.16 feet to a point in the line dividing Lots 18 and 23 on said plan of Lots; thence along the last mentioned dividing line, North 14 degrees 52 minutes 40 seconds West, 106 feet to a point on the right of way of Interstate 81; thence along said right of way line, South 88 degrees 31 minutes 40 seconds East, 235.63 feet 10 a point in the line dividing Lots 23 and 24; thence along said last mentioned dividing line, South 09 degrees 19 minutes 113,79 feet 10 a point on the north side of Sadler Court; thence by a curve to the left at the northwestern end of the cul-de-sac at the end of Sadler Court, a distance of 69.44 feet 10 the Place of BEGINNING. BEING Lot No. 23 as shown on the Plan of Section 2 of Forest Park, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 54. BEING KNOWN AS 902 SADLER COURT, CARLISLE PA 17013 BEING KNOWN AS O4-22-0481-197 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY LD. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF F~i.Et3-{3t'~lC,~ {~ 2010 JUw - i PM 3= 0~ ~~N1~5YL11J41~A M&T BANK 1 Fountain Plaza. Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff vs. CIVIL ACTION -LAW WAYNE A. KENDEL Mortgagor(s) and Record Owner(s) 902 Sadler Court Carlisle, PA 17013 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Term No. 10-2518 CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: GOLD ECK McCAFFERTY & McKEEVER Mi hael McKeever Pa. ID 56129 G McCafferty Pa. ID 42386 isa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ~ . .~;. , , "~~ '3F T}-~ PF~~~~3~'/1~Y 1818 JUN - I PM 3= 0 Attorney for Plaintiff (r~ll~~di~ r~}A M&T BANK 1 Fountain Plaza IN THE COURT OF COMMON PLEAS Buffalo, NY 14203 Plaintiff vs. WAYNE A. KENDEL (Mortgagor(s) and Record Owner(s)) 902 Sadler Court Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 10-2518 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 902 Sadler Court Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: WAYNE A. KENDEL 902 Sadler Court 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 CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 902 Sadler Court Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Mav 27, 2010 - GOLDBECK cCAFFER Y & McKEEVER BY: TINAMARIE BOSCHETTI 10-2518 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff ~#L~f}-t~~~ ~~~' ThiE f'~ :,~ TAR1l Z~ ~ ~ ~~~ -1 ~ ~t Q ~~ M&T BANK 1 Fountain Plaza. Buffalo, NY 14203 vs. WAYNE A. KENDEL Mortgagor(s) and Record Owner(s) 902 Sadler Court Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2518 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: KENDEL, WAYNE A. WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 Your house at 902 Sadler Court, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $159,171.08 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To 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. 10-2518 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:/lwww.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 10-2518 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.phfa.org/consumers/homeowners/real. aspx. 5). Call the Plaintiff (your lender} at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout 1 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 96725FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2518 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From WAYNE A. KENDEL (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 $159,171.08 L.L.$.50 Interest from 5/28/10 to Date of Sale per diem at $22.40 Atty's Comm % Due Prothy $2.00 Atty Paid $165.90 Other Costs Plaintiff Paid Date: 611/10 avid D. Bu 11, Prothonotary (Seal) By: REQUESTING PARTY: Name: LISA LEE, ESEQUIRE 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. 56129 GOLDBECK McCAFFERTY & McKEEVER 96725FC BY: Michael T. McKeever CF: 04/16/2010 Attorney LD.#56129 ?? , SD: 09/08/2010 Suite 5000 - Mellon Independence Center 3; 43 $159,171.08 701 Market Street Philadelphia, PA 19106-1532 ?U 215-627-1322 ' Attorney for Plaintiff M&T BANK IN THE COUIRT OF COMMON PLEAS 1 Fountain Plaza Buffalo, NY 14203 of Cumberland County Plaintiff vs. CIVIL ACTION - LAW WAYNE A. KENDEL ACTION OF MORTGAGE FORECLOSURE Mortgagor(s) and Record Owner(s) Term No. 10-2518 902 Sadler Court Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: } Personal Service by the Sheriffs Office(copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( } Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached), ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Keith C. Halili Legal Secretary Name and Address of Sender ;OLDBECK ;UITE 5000 Check type of mail or service Affix Stamp Here (If issuea as a ? Certified ? Recorded Delivery (International) certificate of mailing, ? COD ? Registered or for aoditional copies ?•??? ?, u uenvery connrmarion u Kerum Kecerpc Tor mercnanoise 'HILADELPHIA, PA ? Express Mail ? Signature Confirmation Postmark and 9106-1532 ? Insured Date of Receipt _ Handling u alValue Act IT Number Addressee (Nacre, Street, City, Stake, & DP Cade) Postage Fee Chae re R istered if I _ 1. DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 TENAN S/OCCUP NTS Carlisle, PA 17013 902 Sad er Court - 2 -- ar Is e, PA 1 U 13 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.0- Box 2675 3. Harrisburg, PA 17105-2675 i i ? ?_} U aNtr?? 4 - 9? 6. I o ?? s u -n cn O y aY 7. o :?O -,tks-rte, ? ? ? Z ? r Total Number of Total Number of Pieces Postmaster, Per (Name of receiving employee) wOt' ' s Listed by Send r Z Received at Post Office - See Privacy Act Stall PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen 96725FC Cumberland County Sale Date: 09/0812010 WAYNE A. KENDEL SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith f Chief Deputy € Richard W Stewart Solicitor QF!FZCE. OF TIE VI EPIFF M & T Bank VS. Wayne A. Kendel SHERIFF'S RETURN OF SERVICE Case Number 2010-2518 06126/2010 08:30 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0830 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 Wayne A. Kendel, located at, 902 Sadler Court, Carlisle, Cumberland County, Pennsylvania according to law. 06130/2010 04:24 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/3011( at 1620 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: Wayne A. Kendel, by making known unto, Wayne A. Kendel, personally, at, 902 Sadler Court, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $899.92 SO ANSWERS, July 02, 2010 RON W R ANDERSON, SHERIFF {c) Ccuary6o4le She ;ft. Teiaysof[, Inc. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.456129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. WAYNE A. KEN DEL Mortgagor(s) and Record O 902 Sadler Court Carlisle, PA 1701 3 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-2518 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 902 Sadler Court Carlisle, PA 17013 LName and address of Owner(s) or Reputed Owner(s): WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: WAYNE A. KENDEL 902 Sadler Court 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 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. Boa 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 902 Sadler Court Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 25, 2010 (1.. GOLDBECK McCAFFERTY & McKEEVER BY: Keith C. Halili Legal Secretary GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff i t r? t 100 AOki" M&T BANK 1 Fountain Plaza Buffalo, NY 14203 vs. WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 TO THE PROTHONOTARY: Plaintiff Defendant(s) PRAECIPE TO VACATE JUDGMENT Kindly vacate the judgment upon payment of your costs only. No. 10-2518 B. GO K M AFFERT & MCKEEVER Michael McKeever 129 Gary McCafferty Pa. ID 42386./ Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff aw? Rem Pd ot'b-? axksbo%ov ? ?6-7S37 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GOLDBECK McCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T BANK 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW WAYNE A. KENDEL 902 Sadler Court ACTION OF MORTGAGE Carlisle, PA 17013 FORECLOSURE Defendant(s) Term No. 10-2518 CERTIFICATE OF SERVICE Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 B,Jl aTp" o, ,0 ? ,, Goldbeck McCafferty & McKeever Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone) GOLDBECK McCAFFERTY & MCKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 M&T BANK 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 Defendant(s) No. 10-2518 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. G BECK MC RTY & CKEEVER Michae er Pa. ID 9 Gary McCafferty a. 42386 ---?--? Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff ! d 6;s,OWONOTAR ??1 i APR -6 A 11 i 1 it7l.?tVr...? - PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T BANK 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW WAYNE A. KENDEL 902 Sadler Court ACTION OF MORTGAGE Carlisle, PA 17013 FORECLOSURE Defendant(s) Term No. 10-2518 CERTIFICATE OF SERVICE Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on q11 //I WAYNE A. KENDEL 902 Sadler Court Carlisle, PA 17013 BY' ? ?iIJX? Goldbeck McCafferty & McKee Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone)