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HomeMy WebLinkAbout10-5170GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF z F?' f q cs °t PN4 r to M&T BANK 1100 Wehrle Drive Williamsville, NY 14221 Plaintiff vs. ZACHARIAH W. SHARAR Mortgagor and Record Owner 335 North Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 10- 5170 C.,V,17&xm Term Defendant I No. CIVIL ACTION: MORTGAGE NOTICE F0RFf'1„0-q(10F 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 Q 8 Irvine Row 4ga.oo AD AT N Carlisle, PA 17013 alp5W I M3 717-243-9400 P'*ay LC1a4 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SJ NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 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 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.hudgo_v 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 httn://www, hp fa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at 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 100547FC. 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, 1100 Wehrle Drive, Williamsville, NY 14221. 2. The names and addresses of the Defendant is ZACHARIAH W. SHARAR, 335 North Hanover Street, Carlisle, PA 17013, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On August 03, 2009 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 BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Instrument # 200927276. 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 March 01, 2010 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 .................................................................................. $167,939.08 Interest from 02/01/2010 through 08/01/2010 at 6.0000% ................... ....$5,038.20 Per Diem interest rate at $27.61 Reasonable Attorney's Fee at 5% of Principal Balance as-more fully explained in the next numbered paragraph ............... ....$8,396.95 Late Charges from 03/01/2010 to 08/01/2010 ...................................... .......$266.55 Costs of suit and Title Search (Estimated) ............................................ .......$900.00 Pro Rata MIP/PMI ................................................................................ Total Fees .......$150.41 .............................................................................................. Undisbursed Rehabilitation Funds ........................................................ .......$110.50 ($30 079.53) Monthly Escrow amount $319.76 , $152,722.16 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the 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 has been sent to Defendant by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $152,722.16, -together with interest at the rate of $27.61, 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: GOLDB FERTY & MCKEEVER Michael McKee r a. ID 56129 Gary McCafferty Pa ID 42386 isa Lee Pa. ID 78020 'stina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION Christopher M. Z e i s , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 7/30/10 Chri o r M. Zeis Vice Pre fi d e n t #100547FC - ZACHARIAH W. SHARAR 335 North Hanover Street 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 GMM File Number: 100547FC Parcel ID#: 02-20-1800-273 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T BANK (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 ZACHARIAH W. SHARAR, Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T BANK. Bearing date of: August 03, 2009; Amount Secured: $168,961.00; Recorded on August 05, 2009; in Instrument #200927276; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 335 North Hanover Street, 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 28 day of July . 2010. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M&T BANK (Affix Corporate Seal) irie sist Nande: Alicia Oliver Title: Banking Off icer ss: STATE OF NEW YORK ) COUNTY OF ERIE } BE IT REMEMBERED, that on this j day of 2010, before me, the subscriber, a Notary Public personally appeared jau?« G??u H.1 dvf fn4 A(c,& a/ut?v alKcC.- } MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC ACTING SOLELY AS A NOMMEE-FOR M&T BANK 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. delivere same as such officers aforesaid, and that the within instrument is the voluntary act and deed o ch rporation made by virtue of a Resolution of its Board of Directors. ?z Notary blic My commission expires: I hereby certify the address of the Assignee is: 7 1100 We a Drive, Williamsville, NY 14221 gor-- ----.. Dawwa NeVo? ;D-.Ac, s ate 2'? 5?6 ?o4 .T* . cd w:. Eui C1 fps eoauxc:rtcon 'muds 9-o . 20-w- President Case #: 100547FC ExhibitA Generated by PDFKit.NET Evaluation ALL THAT CERTAIN house and lot of ground with the improvements thereon erected situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the Northwest by North Hanover Street; ON the Northeast by Lot now or formerly of John Vance, on the Southeast by a 16 foot alley; and on the Southwest by Lot now or formerly of Lester Milligan. CONTAINING in front on North Hanover Street, 26 feet, more or less, and in depth to said alley, 170 feet, more or less. BEING known as No. 335 North Hanover Street, Carlisle. BEING Parcel No. 02-20-1800-273 Click here to unlock PDFKit.NET E..x.hibit (B M&T Bank - P.O. Box 840 Buffalo, NY 14240-0840 05/10/2010 Zachariah W Sharar 335 N Hanover Street Carlisle PA 17013-1928 boll,u?i.I???iIm?14?ilPllill4nh?hill•g4?ni??illli? RE: Mortgage No.:? Mortgaged Premisses: 335n Hanover Street Carlisle, PA 17013 ACT 6 NOTICE ? M&T Bank Certified No.: 71826389306016044426 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): The mortgage held or serviced by M&T Bank (hereinafter we, us or ours) on your property located at: 335n Hanover Street Carlisle PA 17013 is in serious default because you have not made the payment since 03/01/2010 through today, as noted below under (A), and unpaid late charges under (B) and other charges, if any, under (C) noted below, have also accured to this date. The total amount now required to cure this default, or in, other words, get caught up in your payments, as of the date of this letter, is calculated below under (D): (A) Payments of $1332.77 due from 03/01/2010 to the date of this letter and each payment thereafter. $ 3998.31 (B) Late Charges $ 159.93 (C) Other Charges $ 45.00 (D) Total Mount Required as of this Date. $ 4203.24 You may cure the default within 30 days of the date of this letter by paying to us the above amount of $4203.24, plus any additional monthly payments and late charges which may fall due during this period. Any additional monthly payments and late charges will accrue at the amounts set forth above. Such payments must be made either by Cash, Cashier's Check, Certified Check or Money Order and made payable to: M&T Bank One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY 14203 Telephone: 1-800-724-1633 Facsimile: 1-716-630-4900 If you do not cure the default within 30 days, your entire mortgage debt may be accelerated. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to pay off the original mortgage in monthly installments. 1 800 724 1633 Payment Processing - P.O. Box 62182, Battimore, MD 21264-2182 Mortgage account information, just a click away. www.mth.com If full payments of the amount of default is not made within 30 days, legal counsel may start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before the legal proceedings begin against you, you will still have to pay the reasonable attomey'sfees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attomey'sfees even if they are over $50.00. Any attomey'sfees will be added to the amount you owe the lender, which may include our reasonable costs. If you cure the default within the 30 day period, you will not be required to pay attomey's fees. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff sor other similar official's foreclosure sale. You may do so by paying the Total Amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attomey'sfees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs or other similar official's sale could be held would be approximately seven (7) months from today. A notice of the date of the Sheriff's or similar official's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by calling us at the following number: 1-800-724-1633. This payment must be Cash, Cashier's Check, Certified Check, or Money Order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs or other similar official's sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or 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. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times (3) in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633 Sincerely, Russell M. Alessi Jr. Homeowner Assistance Center 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 a possible enforcement of the lien against the collateral property. M&T Bank --- P.O. Box 840 Buffalo, NY 14240-0840 05/10/2010 Zachariah W Sharar 256 McAllister Church Rd Carlisle PA 17015-9504 Ii1?111??i?1??1???1'?II11111'llll??'?'ll?l??llllll?lll?l?llll?l?' RE: Mortgage No? Mortgaged Premisses: 335n Hanover Street Carlisle, PA 17013 ACT 6 NOTICE ? M&T Bank Certified No.: 71826389306016044419 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): The mortgage held or serviced by M&T Bank (hereinafter we, us or ours) on your property located at: 335n Hanover Street Carlisle PA 17015 is in serious default because you have not made the payment since 03/01/2010 through today, as noted below under (A), and unpaid late charges under (B) and other charges, if any, under (C) noted below, have also accured to this date. The total amount now required to cure this default, or in, other words, get caught up in your payments, as of the date of this letter, is calculated below under (D): (A) Payments of $1332.77 due from 03/01/2010 to the date of this letter and each payment thereafter. $ 3998.31 (B) Late Charges t 159.93 (C) Other Charges $ 45.00 (D) Total Mount Required as of this Date. $ 4203.24 You may cure the default within 30 days of the date of this letter by paying to us the above amount of $4203.24, plus any additional monthly payments and late charges which may fall due during this period. Any additional monthly payments and late charges will accrue at the amounts set forth above. Such payments must be made either by Cash, Cashier's Check, Certified Check or Money Order and made payable to: M&T Bank One Fountain Plaza / 7th Floor Attn: Payment Processing Buffalo, NY 14203 Telephone: 1-800-724-1633 Facsimile: 1-716-630-4900 If you do not cure the default within 30 days, your entire mortgage debt may be accelerated. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to pay off the original mortgage in monthly installments. 1 800 724 1633 Payment Processing - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgage account information, just a click away. www.mth.com If full payments of the amount of default is not made within 30 days, legal counsel may start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before the legal proceedings begin against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings-are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may include our reasonable costs If you cure the default within the 30 day period, you will not be required to pay attorney's fees. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's or other similar official's foreclosure sale. You may do so by paying the Total Amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff s or other similar official's sale could be held would be approximately seven (7) months from today. A notice of the date of the Sheriff sor similar official's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by calling us at the following number: 1-800-724-1633. This payment must be Cash, Cashier's Check, Certified Check, or Money Order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff sor other similar official'ssale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or 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. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times (3) in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633 Sincerely, Russell M. Alessi Jr. Homeowner Assistance Center 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 a possible enforcement of the lien against the collateral property. ?m_ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith '~ Chief Deputy ~' -~~ ~: Richard W Stewart ~'r ~'°° Solicitor c~F3c€' `''~E~hEfzlF~ r~u-~~ , ,,,_ tJF ?H~ pr~~ I ,,,~ OTC i 0 ~~`;~ 3~ A~1 t i~ t 9 CUM~~ w~~,~..i~ Gn~1M'~ p~.VAt~A M & T Bank Case Number vs. 2010-5170 Zachariah William Sharar SHERIFF'S RETURN OF SERVICE 08/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 23, 2010 at 1613 hours this Complaint in Mortgage Foreclosure upon defendant Zachariah William Sharar is returned not served per request from Attorney Michale T. McKeever. SHERIFF COST: $38.80 SO ANSWERS, August 26, 2010 RON R ANDERSON, SHERIFF (cj CountySuile Sheriff, Teleosoft, Inc. i KML LAW GROUP, P.C. ., Suite 5000—BNY Mellon Independence Center F' 701 Market 0 Philadelphia, PA 19106-1532 , 0l4« 215-627-1322 ` +0 CLIt � . e M&T BANK E APNO CL? 1100 Wehrle Drive IN THEM 1VIMON PLEAS Williamsville,NY 14221 Plaintiff OF CUMBERLAND COUNTY vs. ZACHARIAH W. SHARAR (Mortgagor(s) and Record owner(s)) No. 10-5170 CIVIL Term 335 North Hanover Street Carlisle, PA 17013 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP,P.C. F/K/A GOLDBECK McCAFFERTY&McKEEVER B Y: "W Michael McKeever P 56129 Jay E.Kivitz Pa.ID 6 69 Lisa Lee Pa.ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa.ID 82628 Jill P.Jenkins Pa.ID 306588 Alyk L.Oflazian Pa.ID 312912 Salvatore Filippello,Attorney ID 313897 Attorneys for Plaintiff KML LAW GROUP, P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff M&T BANK Plaintiff IN THE COURT OF COMMON vs. PLEAS OF CUMBERLAND COUNTY ZACHARIAH W. SHARAR CIVIL ACTION - LAW (Mortgagor(s) and Record Owner(s)) Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 10-5170 CIVIL Term CERTIFICATE OF SERVICE Angela M. Smith ,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 ZACHARIAH W. SHARAR ZACHARIAH W. SHARAR 256 Mcallister Church Street 335 North Hanover Street Carlisle, PA 17015 Carlisle,PA 17013 KML LAW GROUP,P.C. F/K/A GOLDBECK McCAFFE & cKEEVER By: A ela M. Smith ,Legal Assistant asmith @kmllawgroup.com 215-825-6325 (Direct Phone)