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Home My WebLink About04-4385GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER Mortgagor(s) and Real Owner(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. ~~( -1f3~ 1 Scrafford Street Shippensburg, PA 17257 C~lVlL AG71pN: Mf~R7GAGE Defendant(s) THIS FHtM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. ~~~~C 1Frt~ 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 Complain[ and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objectiore m the claims sel forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment maybe entered against you by the Court without Porther notice for any money claim in the Complaint offor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIB PAPER TO YOUR LA WYER AT ONCE. IF Y"OU 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 HIRMG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH MFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 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 A VISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOCADO, REGISTRE CON LA CORTE BN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIBR OHJECCION CONTRA LAS QUEIAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SM NOTIFICARIQ, DECIDIA A FAVOR DEL DEMANDANTE Y REQUEItIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DEYERQ PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELt;.FONO LA OFICMA FDADA AQUI ABAJO. ESTA OFICMA PUEDE PROVEERC CON INFORMACION DE COMO CONSEUTA UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOOADO, (STA OFICMA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ l1N HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES WC S Irvina Row Carisle. PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 IAberry Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK, PO Box 840, Buffalo, NY 14240-0$40. 2. The name(s) and address(es) of the Defendant(s) is/are JESSE E. ETTER, 1 Scrafford Street, Shippensburg, PA 17257 and APRIL M. ETTER, 1 Scrafford Street, Shippensburg, PA 17257, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On March 27, 2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to M&T MORTGAGE CORPORATION S{B/M WITH ALLFIRST BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1608 Page 794. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due Apri101, 2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $60,723.84 Interest from 03/01/2004 $2,447.20 through 08/3 U2004 at 8.0000% Per Diem interest rate at $13.31 Attorney's Fee at 5.0°l° of Principal Balance $3,03b.19 Late Charges from 04/01/2004 to 08/31/2004 $149.39 Monthly late charge amount at $29.88 Costs of suit and Title Search $900.00 $67,256.62 Corporate Advance +$100.00 Escrow +$700.52 Monthly Escrow amount $135.14 $68,057.14 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 "A". The Defendant(s) has/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(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of $68,057.14, together with interest at the rate of $13.31, per day and other expenses incurred by the Plaintiff which aze properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: OL~McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Diana M. Robinson, Assistant Vice President, 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 aze 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: ~- ~ 7 -D~ 7 ~(. E Diana M. Robinson, Assistant Vice President M&T MORTGAGE COMPANY Exhibit A ALL THAT CERTAIN tract of land with the dwelling house and other improvements thereon erected known as 1 Strafford Street, Shippensbtug, situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northerly side of a 35 feet wide street and the intersection therewith of a 40 feet wide street; thence along the Northwesterly side of said 40 feet wide street North b7 degrees 30 minutes East, b0 feet to a stake; thence by Lot No. 2 now or formerly of Ralph A. Strafford and now or formerly of John A. Sheaffer and Helen Sheaffer, his wife, North 22 degrees 30 minutes West, 118.43 feet to a stake at line of land now or formerly of H. W. Geesaman heirs; thence by said Geesaman land, South 67 degrees 30 minutes West, 70.88 feet to a stake on the Northeasterly side of said 35 feet wide street; thence along the Northeasterly side of said 35 feet wide street, South 27 degrees 45 minutes East, 118.93 feet to the place of BEGINNING; and known as Lot No. 1 in the Plan of Lots of Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Strafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228 and lot layout of John H. Atherton, R.P.E. Pa. 2602 recorded in Plan Book No. 5, at Page 18. BEING the same real estate that Chris E. Etter, joined by his wife, Rebecca S. Etter, by their deed dated March 27, 2000, and intending to be recorded prior hereto in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, gruited attd conveyed to 7esse E. Etter and Aptitj C .,~ ~.. Etter, the Mortgagors herein. .. y~ K,-,,,, .F ` 1W1`~.. ~'t~~, 1 ~ tt• ~, °,.['; 4artie 1j •~ lx oihce for the J"~ - i i a w br umeerland Count , !~ 4~pkl~Vol. Page ~" .ruin my hand an qot otiice of Cadisls, PA ihic dey of ~,~..4P. BOdN16~4pACE 149 M&T Mortgage Corp. Mme, - P.O. Box 1288 """'d„b `^°F^"°""" Buffelo,NY 14240-1268 sa'~tlaa~ ON07/2004 ~~ Certified No.: 71826389306003993629 April M Etter r ~~~~ I ScratTord St /I! 5hippensburg, PA 17257 "/M.~^ YDREOMNERS W1R[(9): ApMI M Etbr Jests F EttM PROPERTY ADDRESS: 1 Seraafertl Strwt SnlppaMbury, PA 1TfET LOAN At7:T w: 0001sgax QIRRENT LEND[R/SERVIO[R: wT Nertpapa Cerperatlon ROMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE.YQUR HOME FROM FpRECLOSURE AND RELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOll COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 19$1 CFHE "ACT'Jr YOll 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 ELIGIBD.ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSBVG FUVANCE AGENCY. TEMPORARY SFAY pF FORECLpSURE -Under the Att, you are entitled to a temporary stay offoreclosurc an your mortgage for thirty (30) days from Me date of this Notice. During that time you must arrange end attend a "fau-ro-foe"meeting with errc ofthe consumer credit coum<ling ageneiea listed at the erd of this Notice. ~ MEETTNC MUST OCCUR WfI'AIN THE NEXT (30) DAYS. IF YOU DO NQ7 APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MyST BRING YOUR MORTGAGE UP TO DATE. THE PART OF 7H1S NOTICE QALLEU"HOW 7p CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCTES -lfyou mat with one of the comumer aedit counaelmg agency listed at the end ofNis notice, A¢ lender may NOT take action against you for thirty (30) Rays after dte date Pf this meeting. The names, addressee anA telephone numbers ofdeaio.,ared consumer credit couruclinf eaeneiea for the c9mtN in which the orooertv is located are set forts at the end of thin Notice. It is onty necessary ro schedule one Lace-to-face meeting. Advise your Imd<r immedia[ety ofyour intentions. 1 800124 183 Carnraponr/once - P.0. Rm ado, euReb, NY 10240-06a0 Peymente - P.O. Sox 1]64, RuReb, NV 1424P1364 aranDePa account InExmwfbn,/ual a click away wvnr.manamorege9e.com M&T Mortgage Co1p. ~.~,..~rt~ -~- P.O. Hax 1288 ~~~r.,..s~~~.~a4~~.... HufJelo,NY 14240-1288 ""s"ue s`M~~'uQ"- obo7naoa Jesse E Env 1 Swalfwd St Shippensburg, PA 17257 wReolRreRS t+A41E(s): ,leaf. E ett.r April M Etter PROPERTY AOIRiege: 1 Seraf}ertl Strart BMlppenfWrg, PA fY2lrl LOAN AC4T RB: oooaeaals QlRRENY LCNOeR/SERVlCER: WT Mertgaga cgrporatf on Certified No.: 7 1 82 63 8 9306003 993 81 2 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY HE ELIGH4LE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MARE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF 7HE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT's YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAC ASSISTANCE: IF VOUR 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 REQURtEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY~TAY OF FORECLOSURE - Uttdc the Act You are entitled to a temporary stay of foreclosure on yow mortgage for thirty (30) days from the date of this No[ice. During that time you must artange and artend a "face-to-foe'"meeting with ane of the consumes credit cotmseling agencies listed e[ the rnd oftRis Notice. ~]~ MEETING MUST OCCUR WFFHIN THE NEXT f301 DAYS. O YOU DO NOT APPLY FOR EMERGENCY MORTGAGE AS57STANCE. YOU MUSTBIUNO YOUR MORTGAGE UP TO pgTE, THE PART OF THIS NO71CE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TOURING YOUR MORTG9CE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with ane of the consumer credit counseling agency listed at the end ofthis noticq the lender may NOT take ectlon against you for thery (30) days after the date of this meeting. The names, addresses and xlephone numbers ofdesianated consumer credit eounaelina a¢eneies fw the county in wldch ffio pmturtv ie IocatedAre set forth at the eM ofthis Notice. It is only necessary m schedule one Face4o-faa meeting. Advise your Imder immediately ofyour intentions. 1 BDD l24 1833 Correspondence - P.p. Buy 840, Buflab, NY 14240-0940 Payments - P.O. Bm 1364, BWlab, NY 14240-1364 Mortgage account M/wniefbn,/uat o cad eweY. wvw.marMtmongaga.cwn ~PPLICATIDN FOR MORTGAGE ASSISTANCE - Yow mortgage is m default for the reasons set forth Inter in this Notice (see following pages for specific information above the mmre ofyow detaBlt.) Ifyou have tried arW arc unable to rcsoWe this problem with the lendu, you have the right m apply for lhunciai esaistance from the Homeowner aEmergency Mortgage Auiatance Progrem. To do ao, you moat fill out. sign and file a completed Homeowner'aEmttgenty Aaaiafance Progam Applicahon with one ofthe designated rnnaluntt credit cotmaelhrg agencies listed et the end ofthis Notice. Only consumer credit coumeling agencies have applications for the progrem rind Nay will assist you in submitting a complem eppliaalion m the Pennsylvania Housing Finance Agetlcy Yow application MUST be filed rn postmarked witlrin thirty (30) Jaya of yow face-to-face meeting. YOU ~~ PII.E YOUR APPLICATION PROMPTLY. IF YOU FAII. TO DO SO OR iF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTR IN TATS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME NfMEDIATELV AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage a8ai9tance ere very limited. They will be disbwsed by the Agency undtt the ehgibiliry criteria earablished by the AcL The Pennsylvania Housing Finance Agency has sizry (60) days ro make a decision after it receives yow application. During that time, no foreclosure proceedings will be pursued against you Ifyou have met Ne time requirements set foM shove. You will be notified directly by Ne Pennsylvania Housing Finance Agency of its decision on your application. NOTE; IP YOU ARE CURRENTLY PROTECTED BY TAE FILING OP A PETTTTON IN BANKRUPTCY, THE FOLLOWING PART OF TATS NOTTCE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDHRED AS AN ATTEMPT TO COLLECT 7HE DEBT. (If you have Rled bankruptey you nn atllLpply for Emegmcy Mortgage AabtarrceJ (IOW TO CURE YOUR MORTGAGE DEFAULT /Brlae it uD to delek )NATURE OF TflE DEFAULT -•The MORTGAGE deM held by Ne above lendu an yow property located at t Berafferd Btreet Bhlppanabury, PA 17767 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following momhs and Ne following amounts are now past due: Rayular laaywnts et f687.78 far SM apnMa of 04/01/700e threu8lr toaay'a Cato: S 1783.87 OtMr ehar8aa: aeervaC Uta Charpaa: f 68.78 AeorWd Othar Chargaa S 8.00 TOTAL AMmBff PAST Oue: f 1882.16 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice DY PAYING TIIE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S 1662.15, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURMG THE THIRTY (30) DAY PERIOD. Paytann moat be mado eithtt by cash, cashiers check wnified check or tlrottev odtt made oavable and sent to: M&T Mortgoge Corpentto6 One FOUnNin Plaza / 7th Floor Alm: Payment Processing eufida, NY 1420] You can cuts anv other default by taking Ne followin¢ action within THIRTY (301 DAYS of rho date offhis letter IP YOU DO NOT C[1RE 7REDEFAUIaT-Ifyou do not cure the default within THIRTY (30) DAYS efihe date ofthia Notice, Ne lender ICCeeda M exerelse Its rlghb ro accelerate Ne mortgage debt. 7hia manna Na[ Ne entire ountanding balmce ofmis debt will be considered due immediately and you may lose Ne chance m pay Ne mortgage in monNly installments. If full payment of the total amount past due is not made within THE2TY (30) DAYS, Ne lender elan intends to insnuct its attorneys ro start legal action to foreclose upon your mortgaged property. 1 800 721 1833 Coneapondente - P.O. Bra 840, BuOab, NY 14260-0840 Payments - p.0, lloa 1986, Bunab, NY td2dP136/ Monpape account Mbrmelbn,/uC a tllca away waw.ma,Mlmodgetle.cam IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold by ma Sheriff to pay off me mortgage debt Itthe lender rcfen your case ro its attorneys, bu[ you cme the delinquency before the Irnda begins legal proceedings against you, you will still be required ro pay the reasonable attomey'e fees tha[ were actually incurred, up ro 550.00. However, if legal procadings are stetted against you, you will have ro pay all reasonable atromey'efees actually incurred by the lender even ifthey exceed 550.00. Any attomey'sfees will he added ro the amount you owe the lender, which may also include other reasonable costa if you cure the defaalt Wltdia the THIRTY (JO) DAY peHod, you wIR not be required m pay attorney's fees OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance arM all other sums due undo the mortgage. jttGAT TO CORE TFlE DEFAIH.T PRHIR TO SAERD'F'S SALE -- IFyou have not cured the defult within the 7HIRTY (30) DAY period and toreClmurc proceedings have begun, yw stilt Rave the right to cute the defult and prevent dre sak at any time up ro one hour before the Sheriffs Sale. You may ~ an by paying the rota) amount then past due, plus a9ry late a Omer charges men due, reasonable anomey's Ease and coats comrectad with the foreclosure sal<and any other Msla connected wim me Sheriffs5ele ore specified in writing 6y drc Irnder and by performing aay omen requircmrnh under the mottgage. Caring yonr default is the manner set forth in tb6 aotlce vdll rntorc your motgage to the same poYtian o it you bad never defaulkd. EARLIEST FOSS®LE SHERIFF'S SALE DATE -- It is esfilnated mat me earliest date that such a ShedlPs Sele of the mortgaged property could be held would be approximately 10 months from the risk of thla Notlce. A notice of me actual date of the Sherit£aSale will be sent ro you before me sale. Of course, me amount needed ro cum the default will increase me longer you wait. You may find om et any time exactly what the requ'vcd paymem or ac0on will be by contacting me lender. HOW TO CONTACT THE LBNDER: Name of Lender: M6,T Mortgage Corpontlon Addreu: P.O. Bo:840 BuHab, NY 14240 Phone Number: (800) 724.163) EFFECT OF SRERIFF'S SALE -You should realize [hat a Sheriff sSale will end your ownership ofine mortgaged property and your right to occupy it. IFyou continue to live in the property after me Sheriti-sSale, a lawsuit ro remove you and ywr fwnishings and Omer belongings could be started by me lender et any times ASSUMPTION AF MORTGAG$ -You, mayor X may sot sell or transfer your home to a buyer or trsnsferee who will assume me mortgage debt, provided that all rite outstanding payments, charges and alt0rney's fees and cosu ere paid prior ro or at me sale and mpt me omer requiremalts ofthe mortgage are satisfied. YOU MAY ALSO RAVE TAE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF 7HE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDMG INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TH15I)EFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS >F NO DEFAULT HAD OCCURRED, IF YOU CURE 7HE DEFAULT. (HOWEVER, YOU DO NOi HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TAAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT iNS71TUTED UNDER THE MORTGAGE DOCUMENTS, 70 ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Russell M. Alessi lr Collections Manager Enc: Act 91 NoKCe Consumer Credit Ceimaeling Agencies Saving Yom Cowry 1 800 ]21 1833 CareapwMence - P.O. Bca 840, Buflab, NY 1429 0-08 4 0 Payments - P.O. Bmr 1384, Bullab, NY 14210.1369 Monpaye eeweM lnformadon,lun a dka aaay vmw.men4hnptpepe.eom ACT 41 NOTICE TAKE ACTION TO SAVE YOUR FIOME FROM FORECLOSURE Thixk ea ndklal notla that the mort¢aee on voar home Ia to defanll. and the louder inhn& [o foredoa. Snesiflc informatbn about the wmrc of the deflult is vrovlded In the attached w¢er. Tbo HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM MlMAPI mavbc abk to heln to srve voar home. Thla Noflse exnhins how the vro¢ram works, To aee HHRMAP sev hdv, vas moat MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OP THE DATE OF TAIS JYOTICE. Take Ihh Natlce with vo¢ when wu meet with the COemdlo¢Aeencv. The wma addreaa_aud nhane number of Coeaumsr Credit CouWeliv¢ AaeMla scrvla¢ roar County ar7 Uated a! the and of tbla Nothv. Ifvou harc am aundona. you may aU the PenervNanla Hwelne Fiwvse Aeenev toll free at ]-0g~342-7397.fPegonr vAthlmvdred hnrlp¢ raa tall t71fl 780.1969). Thh Notlce cwniaa impornpt legal hformatlw. If you have any quatlow, repreaevhtivea at the Conaomer Credit Cauaselieg Ageaey may he able h hdp expldn It Yoa nay alw wont to e0nhtt an attorney in your area. The lord Aar auoeladon may be able to hdp you fled a lawyer. LA NOTIhTCACION EN AD3UNT0 ES DE SUMA UHPORTANCIA, PUES AFECTA SU DERECHO A CONTU9UAR YNIENDO EN SU CASA. SI NO COMPAENDE EL CONTENHlO DE ESTA NOTIFICACION OB76NCA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVAMA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARR~A. PUEDES SER ELECIBLE PARA UN PRESTAMO POR EL PRIXiRAMA LLAMADO •'HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PRIN;RAM"EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 1 800 r24 1833 Cprnxpwitlance -0.O. tba 840. [LMab, NY 9/2408840 Paymenfa - D.O. Boa 1389, nuaab, NY 142441J64 Morlpa¢e azoun9 mfwmetM,ju# a dke ewaY. YMw.aian8lnbnpepe.cwn Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA ] 7268 (717) 762-3285 Urban League of MetmpoGtan Harrisburg N. 6th Street Hazrisburg, PA 17101 (717) 234.5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisk, PA 17013 (717)243-3818 FAX (717) 731A589 Commrmity Action Cotrun of the Capital Region Adams County Housing Authority 1514 Derry Street 139-143 Carlisle S[ Harrisburg, PA 17f04 Gettysburg, PA 17325 (717)232-9757 (717)334-1518 FAX (717) 234-2227 FAX (717) 334-8326 (J '6Gi p~,, ~ 1 N N p d ~' ~'' N ~ r_ ~ o S ~. ,: C% _ rv ]Jy C I1 -< (S'l L ,~., ~, 1~~1 -; r? ~~ ~'l , SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04:385 P COMMONTWEALTH OF :PENNSYLVANIA COUNTY OF CUMBERL;!~ND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER JESSE E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ETTER JESSE E 1 SCRAFFORD STREET SHIPPENSBURG, PA 17257 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING. 1 SCRAFFORD STREET SHIPPENSBURG IS VACANT. ~~ Sheriff's Costs: So an s: / Docketing 18.00 - Service 14.80 ~ ~~_ Not Found 5.00 R. Thomas Kline Surcharge 10.00 h i f of Cumberland County .00 47.80 LDBECK MCCAFFERTY MCKEEVER 09/13/2004 Sworn and subsc7-ibed to before me this 2 /,,a,f- day of ,~~s„, a.or~ w A . D . Q. 7~e~.~, ,~,,., Prot on tart' SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER APRIL M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT 1 SCRAFFORD STREET ETTER APRIL M SHIPPENSBURG, PA 17257 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING. 1 SCRAFFORD STREET SHIPPENSBURG IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .OQ ! R. Thomas Kline iff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 09/13/2004 21.00 Sworn and subscribed to before me this o2/,a.~- day of ~/...~,,,~~, ~2ut~ `i A . D . _`7 (,l. 7n.~e~ ~ ~ y Prot o otary C,pLDBECK McCAFFERTY & McKEEVER $Y: JOSEPH A. GDLDBECIC, JR. ATTORNEY I.D. #16132 $U1TE 5000 - MELIAN INDEPENDENCE CENTER 701 MAILKET STREET PH[LADELPHIA,PA 19106-1532 (215)627-1322 ATTORNEY FOR pLpn9TIFF MBcT MORTGAGE CORPORATION S/B/M WITH AI,LFIRST BANK PO Box 840 Buffalo, NY 14240-0840 plaintiff vs. JESSE E. ETTER APRIL M. ETTER 1 Scrafford Street Shippensburg, PA 17257 Defendant(s) Term No. 04-4385 pR.aFCIPE TO REINSTATE COMPLAIN Kindly reinstate the Complaint in the above captioned matter. IN ~pFOCu~mberhmd CO OTy LEAS CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK:, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Plaintiff Attorney for ..., ~, ,-,~;; ~; _ I-r,~_ L ~, r -i...' ~ la ~} ~ _ AJ y iri '+' ' _:~ ~. ~ ~ -.. F `a7 GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: Kristina G. Murtha, Esq. Attorney I.D.#61858 Attorney for Plaintiff M&T MORTGAGE CORPORATION SB/M WITH ALLFIIZST BANK PO Box 840 Buffalo, NY 14240-0840 vs. JESSE E. ETTER and APRIL M. ETTER 1 Strafford Street Shippensburg, PA 17257 No. 04-4385 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 THI; DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, Kristina G. Murtha, Esq., in support of its Motion for Substituted Service, represents as follows: Plaintiff is the holder of a first mortgage upon the premises 1 Strafford Street, Shippensburg, PA, 17257, hereinafter, the "mortgaged premises". 2. Defendants, JESSE E. ETTER and APRIL M. ETTER, are the mortgagors and real owners of the mortgaged premises. 3. The last known address of Defendants is 106 Middle Spring Road, Shippensburg, PA 17257. 4. The Sheriff has been unable to effect service of the Complaint upon Defendants at their last known address. According to the certification provided by the process server the IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Defendants were not found at 106 Middle Spring Road, Shippensburg, PA 17257. Service was also attempted at the Defendants property address, 1 Scrafford Street, Shippensburg, PA, 17257. According to the certification provided by the process server the Defendants have moved and left no forwarding address. The property is also vacant. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendants. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendants by posting the premises and,~ertifiyd,~nd regular mail to the Defendants' last known address. BY: Kristina G. ~3 ~~ ER ~~,L ~i> _., , ~~ SEf~~fi~E~ - _ ~ ~~ Affidavit of Good Faith Investigation Client provided information: File Number: MT-0402 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Etter Subject Name: Jesse E. Etter Property Address: Street: 1 Strafford City: Shippensburg State: PA Zip: 17257 Sktp Results: Date of Birth: 11/22/1977 Universal File Number: 9670 Verified Dates: As of 09/22/2a~4 Street: 106 Middle Spring Road Phone: 717-5~~2-9402 City: Shippensburg State: PA Zip: 17257 Death Records: As of 09/22/2004, the Social Security Administration has no death record on file for Jesse E. Etter Social Securtiy Number search completed. Employment Search: Unabie to verify current employer. Creditor information: Creditors indicated the last reported address for Jesse E. Etter as 106 Middle Spring Road, Shippensburg, PA 17257 Deparhnent of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Jesse E. Etter from 106 Middle Spring Road, Shippensburg, PA 17257 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration OfFice has no listing for Jesse E. Etter. National Postal Address Search: Has no change for Jesse E. Etter from 106 Middle Spring Road, Shippensburg, PA 17257 Comments: 717-532-9402: Spoke with Jesse Etter, verified current address as 10E~ Middle Spring Road. Shippensburg, PA 17257. On 09/22/2004, I, Patti G nett being duly sworn according to the law, deposes and says: 1 m emp o d by Unive efault Service. I have conducted an investigation into the whereabouts of the abo named"su le Above are the resutts of my investigation. /~ Su s ribed and om 't before me, Aff nt Name: Patti Garrett No ary Public r Date: 09/22/2004 ""~"'"`~`+` .,~~,RT PLe ~. ~'"'°°""'~ TERESA S. YATES ~'•• ~ ~ NotaryPubRC,StateotTexas ;r,;.~•..3 My Commissbn E~Ires 329 oaKS 7RAt1. W.A7J- • StlI7E zoz • GARLMD, 7~tA5 75(K3 : ,~'~'" ~°ua~`g~ November 13, 2005 OFFICE : (972) 226-8883 • FAX : (972) 226-8887 ~~ ~ ~ - } y ER~AL SER'~ICES -- ~ Affidavit of Good Faith Ilnvestigatian Client provided information: File Number: MT-0402 Attorney Firm: Goldbeck, McCafferty 8~ McKeever Fite Name: Etter Subject Name: April M. Etter Property Address: Street: 1 Scrafford City: Shippensburg State: PA Zip: 17257 Skip Resuffs: Date of Birth: None Found Universal File Number: 9670 Verified Dates: As of 09/22/2004 Street: 106 Middle Spring Road Phone: 717-532-9402 City: Shippensburg State: PA Zip: 17257 Death Records: As of 09/22/2004, the Social Security Administratic>n has no death record on file for April M. Etter Social Security Number search completed. Employment Search: Unable to verify current employer. Credffor lnforrnaflon: Creditors indicated the last reported address for April M. Etter as 106 Middle Spring Road, Shippensburg, PA 17257 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for April M. Etter from 106 Middle Spring Road, Shippensburg, PA 17257 Public Licenses (Pilot, Reat Estate, etc): Search performed provided no information. Voter Registration Information The County Voters Registration Office has no listing for April M. Etter. National Postal Address Search: Has no change for April M. Etter from 106 Middle Spring Road, Shippensburg, PA 17257 Comments: 717-532-9402: Spoke with Jesse Etter, verified current address as l Ob Middle Spring Road, Shippensburg, PA 17257. On _4F/2~f 1, Patti G ett being duly sworn according to the Ic~nr, deposes and says: fcam employed y Unive fault Service. l have conducted an investigation into the whereabouts of the above "su ec . ve are the resu of my investigation. Sub c ed and sw t bef e , Affian ame: Patti G nett Notary Public Date: 09/22/2004 '" RESA S. YATES ,~,r r~;`~ - Notary PubBc State of Texas : . = mtssbn Expkes ` •..: MY Corn 9~y,~EOFIt `~ November 13, 2005 ry,NN~~ ~ 329 (aAKS 'IRA1L PLAZA • SUrrE 202 • GARI/ND, TDfAS . _..._ _ _ _ _ _ .. ._... OFFICE : (972) 226-8883 • FAX : (972) 22fi-8887 SHERIFF' S RETT7RN - NO7' FOUND i CASE N0: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER APRIL M but was unable to locate Her in his bailiwick. /"~l1MDT.T TTTT _ M/'1DT L~lIDII - He 1~herefore returns the the within named .DEFENDANT ETTER APRII~ M 106 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 DEFENDANT WAS NOT FOUND AT 106 MIDDLE SPRING RD. NOT FOUND as to NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff ' s Costs : So answers • ~" ~ ~ ~ ~"" Docketing 6.00 ''~'~ ~~T -~~-•~''~ Service .00 _ •• _¢~~ Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumb~=rtland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 10/28/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SH~;K1 r'N' ' S KF'1'UtZN - NO`C FOUND ~~ASE NO: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER JESSE E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT ETTER JESSF's E NOT FOUND as to 106 MIDDLESPRING ROAD SHIPPENSBURG, PA 17257 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. NO FORWARDING ON FILE AT POST OFFICE. Sheriff ' s Costs : So answers : ~.-~' yam''. -_~.:/-=-°'" Docketing 18.00 'J---~''~~ ,.. '~ Service 14.80 ~'`~'~ `%~~ ,~ Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumbe land County .00 47.80 GOLDBECK MCCAFFERTY MCKEEVER 10/28/2004 Sworn and subscribed to before me this day of A.D. Prothonotary + SHERIFF'S .RETURN - NOT' FOUND CASE NO: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER APRIL M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND as to ETTER APRIL M 1 SCRAFFORD STREET SHIPPENSBURG, PA 17257 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO :FORWARDING. 1 SCRAFFORD STREET SHIPPENSBURG IS VACANT. Sheriff's Costs: So ers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 S riff of Cumberland County .0 21.0 GOLDBECK MCCAFFE~RTY MCKEEVER 09f13/2004 Sworn and subscribed to before me this day of A.D. Prothonotary ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER JESSE E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT ETTER JE5SE E 1 SCRAFFORD STREET NOT FOUND as to SHIPPENSBURG, PA 17257 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING. 1 SCRAFFORD STREET SHIPPENSBURG IS VACANT. ~ Sheriff's Costs: So an s: Docketing 18.00 Service 14.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 h i f of Cumberland County .00 ~ . 47.80 LDBECK MCCAFFERTY MCKEEVER 09/13/2004 Sworn and subscribed to before me this day of A.D. Prothonotary GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: Kristina G. Murtha, Esq. Attorney I.D.#61858 Attorney for Plaintiff M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 vs. JESSE E. ETTER and APRIL M. ETTER 1 Strafford Street Shippensburg, PA 17257 VERIFICATION IN T]HE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 04-4385 I, Kristina G. Murtha, Esq., Attorney for Petitioner do hereb}~ verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the pe~halties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. BY: Kristina G. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: Kristina G. Murtha, Esq. Attorney I.D.#61858 Attorney for Plaintiff M&T MORTGAGE CORPORATION SfB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840" IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JESSE E. ETTER and APRIL M. ETTER 1 Scrafford Street Shippensburg, PA 17257 No. 04-4385 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendants, which the Sheriff has been unable to personally serve upon Defendants. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendants' whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendants by posting the premises and certified mail and regular mail to the Defendants' last lrnown address. Respectfully Kristina G. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: Kristine G. Murtha, Esq. Attorney I.D.#61858 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M WITH ALLFIlZST BANK PO Box 840 Buffalo, NY 14240-0840 vs. JESSE E. ETTER APRIL M. ETTER 1 Scrafford Street Shippensburg, PA 17257 CERTIFICATE OF SERVICI: of Cumberland County No. 04-4385 Kristine G. Murtha, Esq., does hereby certify that true and a~rrect copies of the foregoing Motion for Substituted Service have been served upon the Defendants this 4~` day,~f Novem r 20 , by first class mail, postage prepaid. IN THE COURT OF COMMON PLEAS BY: Kristine G r~ ~~ .d`: ' w,~ ~ 1~" ~ ~'~ ~7~ ~.d ~^~, ~ ~ =~ i- , ' ~. ~C D w f ~ 'i f.~J i7 ti 6~ NOV091004~ GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: Kristina G. Murtha, Esq. Attorney I.D.#61858 Attorney for Plaintiff M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JESSE E. ETTER and APRIL M. ETTER 1 Scrafford Street Shippensburg, PA 17257 04-4385 ORDER AND NOW, this ~Z ~ day of ~~ 2004, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendants by posting a copy of the Complaint upon the premises 1 Scrafford Street, Shippensburg, PA, 17257, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendants' last known address at 106 Middle Spring Road, Shippensburg, PA, 17257, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants by sending copies of same to Defendants' last known address by certified and regular mail and by posting the premises. r ~,.:, ,./, rr~ 4t L t;,,,; G `__.t-~~.~~ : E ~~~~ BY THE COURT: .~ J. ri- i~', o ~....,~ GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER 1 Strafford Street Shippensburg, PA 17257 Defendant(s) Term No. 04-43 85 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ~~ ~ C` ~ ~ ~ `r tY . ~ ~ t" ~ '~~ ~ " ~~ ~ ~ ~ ~ `n. ~~r G- ~~ . C..? =C GOLDBECK McCAFFERT~ & McKEEVER BY: JOSEPH A. GOLDBECK, dR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B!M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 vs. JESSE E. ETTER and APRIL M. ETTER Mortgagor(s) 1 Strafford Street Shippensburg, PA 17257 Defendant(s) CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on he did serve upon Defendant(s) JESSE E. ETTER and APRIL M. ETT'ER a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated November 12, 2004. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, ~ 4" r~. s~ . GOLDBECK McCAFFER & McKEEVER BY: JOSEPH A. GOL,DBECK, JR. ESQUIRE C J ~.a (" ~ ~.y ., . 1,'~~ ~ ~~y ~ .r f i^'aJ f~ °--~ c a - ~'.. , ' ~r ~ r~.a `~i c.,.a :xi ~,.,, -~; GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER (Mortgagor(s) and Record owner(s)) 1 Strafford Street Shippensburg, PA 17257 Defendant(s) ORDER FOR JUDGMENT No. 04-4385 Please enter Judgment in favor of M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK, and against JESSE E. ETTER and APRIL M. ETTER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $70,679.09. \ ' '\I\ IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Joseph A. Gi Attorney for I hereby ccriify that the above names are currect and that the precise'~si~euce address of thejudgaent creditor is M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last known address(es) of the Defendant(s) is/are JESSE E. ETTER, 1 Strafford Street Shippensburg, PA 17257 and APRIL M. ETTER, 1 Serafford Street Shippensburg PA 17257; GOLDBECKI BY: Joseph A. Attorney for P & McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $60,723.84 Interest from 03/01/2004 through $4,244.05 01/13/2005 Attorney's Fee at 5.0000% of principal $3,036.19 balance Late Charges $298.79 Costs of Suit and Title Search $900.00 Escrow $1,376.22 CORPORATE ADVANCE $100.00 $70,679.09 GOLDBECKI BY: Joseph A. Attorney for P] & McKEEVER AND NOW, this I-I~day of ~ , 2005 damages are assessed as above. Pro Pro[hy 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, JESSE E. ETTER, is about unknown years of age, that Defendant's last known residence is 1 Scrafford Street, Shippensburg, PA 17257, 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. 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, APRIL M. ETTER, is about unknown years of age, that Defendant's last known residence is 1 Strafford Street, Shippensburg, PA 17257, 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. In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M.ETTER (Mortgagor(s) and Record Owner(s)) 1 Scrafford Street Shippensburg, PA 17257 Defendant(s) PRAECIPE FOR JUDGMENT No. 04-4385 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 JESSE E. ETTER and APRIL M. ETTER by default for want of an Answer. Assess damages as follows: Debt Interest - 03/01/2004 to 01/13/2005 Total (Assessment of Damages attached) $70,679.09 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. 1 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 occurred 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 ~~ t Joseph A. Go be Attorney for Plait ff I.D.#16132 AND NOW 6 (~~ ,Judgment is entered in favor of M&T MORTGAGE CORPO TION S/B/M WITH ALLFIRST B~NK and against JESSE E. ETTER and APR M. ETTER by default for want of an Answer and damages assessed in the sum of $70,679.0 as per the above certificati Prothonotary MT-0402 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: December 23, 2004 TO: JESSE E. ETTER 106 Middle Spring Road Shippensburg, PA 17257 M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M.ETTER (Mortgagor(s) and Record Owner(s)) 1 Strafford Street Shippensburg, PA 17257 Defendant(s) TO: JESSE E. ETTER 106 Midd]e Spring Road Shippensburg, PA 17257 In the Court of Common Pleas of Cumberland County CNII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 IMPnRTANT NnTiCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO ENTER A WRTTTEN 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 ARnLtT HnLfiIG ,: LA:v i nR. Ir rOU CANNOT AFFORD TO riucE A LAW YER, 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. LEGAL SERVICES INC 6 Irvine Row Carlisle, PA 17013 717-243A400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: ]oseph A. Goldbxk, dr., Esq. Attorney for Plaintiff Suite 5000-Mellon Independence Center 701 Market Strcet Philadelpbia,PA 19106 215fi27-1322 MT-0402 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: December 23, 2004 TO: APRIL M. ETTER ] 06 Middle Spring Road Shippensburg, PA 17257 M&T MORTGAGE CORPORATION SB/M WITH ALLFIItST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER (Mortgagor(s) and Record Owner(s)) 1 Strafford Street Shippensburg, PA 17257 Defendant(s) TO: APRIL M. ETTER 106 Middle Spring Rnad Shippensburg, PA 17257 In the Court of Common Pleas of Cumberland County CIVII, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 iMPIIRTANT NnTirF 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 OBJECTTONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (IO) 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 HIRING A LAWYFTL IF' YOU CAivivvT AFFOitu 'tG I,'II.E A LA'rL'YiiR, TII15 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. LEGAL SERVICES INC 8 Wine Row Carlisle, PA 17013 717-243.9400 CUMBfiRL4ND COUNTY BAR ASSOCL4TION 21,iberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: 3oseph A. Goldbeck, Jr., Esq. Attorney for Plaindff Suite 5000- Melloo Indepeadence Center 701 Market Street Philadelphia, PA !9106 215b27-1322 MT-0402 'HIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WH,L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 23, 2004 TO: APRIL M. ETTER 1 Strafford Street Shippensburg, PA 17257 M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRTL M. ETTER (Mortgagor(s) and Record Owner(s)) 1 Strafford Street Shippensburg, PA 17257 Defendant(s) TO: APRTL M. ETTER 1 Strafford Street Shippensburg,PA 17257 In the Court of Common Pleas of Cumberland County CNII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 iMP(1RTANT NiTTTC'T. YOU ARE IN DEFAULT BECAUSE YOU HAVE FATLED 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 HIRING A LAWYER. 1F YOU CANNOT AFFORD TO IrmF o r elaryEv m~rr,_rS OFFICE :~,,;`.' B~ ABL;: TO PROvwE'r'Gu wiiri uvrGRtViAiluN A13U11'1' ACiENC1ES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 bvine Row Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY& McKEEVER BYE Joseph A. Goldbeck, Jr, Esq. Attorney Tor Plaintill Suiu 5000- Mellon Independence Center 701 Market Stree[ Philadelphia, PA 19106 215fi27-1322 MT-0402 'j'HIS 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: December 23, 2004 TO: JESSE E. ETTER 1 Scrafford Street Shippettsburg, PA 17257 M&T MORTGAGE CORPORATION S/B/M WITH ALLFIltST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff Ys. JESSE E. ETTER APRII. M. ETTER (Mortgagor(s) and Record Owner(s)) 1 Scrafford Street Shippensburg, PA 17257 Defendant(s) TO: JESSE E. ETTER 1 Scrafford Street Shippensburg, PA 17257 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE TetYrl No. 04-4385 TMP(1RTANT NnTT['F, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII,ED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FII.E 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 HIl2ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYF,R, THTS OFFTCF, MAY RF ARLE TO PROVIDE ynTr Wl'ru I?.IpnurRA~rrnnr nWnLrr „r`cr,rr•~S THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LecAL sERV1CES >rlc 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUN'I7 BAR ASSOCIATION 2 Liberty Avenue Callisle, PA 17013 ~~~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney For Plaintifr Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 1910b 21 5627-1 3 22 Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY. PENNSYLVANIA CIVIL ACTION -LAW M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER (Mortgagors and Record Owner(sp 1 Scrafford Street Shippensburg,PA 17257 No. 04-4385 Defendant(s) 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. Curt Long Prothonotary ~ ~ ~ ~ // By: L!2i~1 Deputy If you have any questions concerning the above, please contact Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ~ ~, O ~_ a ~ ~ ~ ~ ~ ~ --C ~.~ ~: ~ ~.~ ,~ _~' ,, (tires _ ~ .) ^ J I ~1 f Jl ]) ~_1 -~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) - P.R.C.P 3180-3183 Joseph A. Goldheck, Jr Attorney LD.#16132 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 5/B/M WITH ALLFIRST BANK PO Box 840 IN THE COURT OF COMMON PLEAS Buffalo, NY 14240-0840 Plaintiff of Cumberland County vs. JESSE E. ETTER CML ACTION -LAW APRIL M. ETTER ACTION OF MORTGAGE FORECLOSURE Mortgagor(s) and Record Owner(s) 1 Scrafford Street Shippensburg,PA 17257 No. 04-4385 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/01/2004 to 0 1 /1 31200 5 at 8.0000% (Costs to be added) $70 679.09 GOLDBECK McCA~ BY: Joseph A. Goldb Attorney for Plaintiff (- ~-,M--- l V ~, h^~ VI (~ti f~~ V w O ~_ 0 R, -c~ vz R' ~~, C ~°o ~ °Cb d -k3 -'~ ,~ ~t O ~ C c C ~ ~ ~~ t,~ p ~ C C C ~ i+ ~ C ~ 1 ~ ' M _ _ "' ~-- ~c - ~ _ _ - ~ ~', r ~, ~. < a n~, :. ,s: -~ .^ ~: .:-: ,', ~ n -- 4~~ N m ~ d ~ F 0 ~ ~, ~ ~~ °"° pU O ~ ~aw ~~', ~, o O o ~ z~ ~~ o d U ~ H C1 O F '~ N ~ ^ N iJ W 'd N ~ W ~ '4 an W~'O~ p W ~ ~ H A ~ ~ ~~ ~.- w w x d w~ d~ dv x ~ o ~~ ~~ M ~' ~ ~ °Q' v C- ara~~ ~N O ~ ~P~ ~n .' ~_ ~ ~ ~ A N O I r xo w + ~o ALL THAT CERTAIN tract of land with the dwelling house and other improvements thereon erected known as 1 Scrafford Street, Shippensburg, situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northerly side of a 35 feet wide street and the intersection therewith of a 40 feet wide street; thence along the Northwesterly side of said 40 feet wide street North 67 degrees 30 minutes East, 60 feet to a stake; thence by Lot No. 2 now or formerly of Ralph A. Scrafford and now or formerly of John A. Sheaffer and Helen Sheaffer, his wife, North 22 degrees 30 minutes West, 118.43 feet to a stake at line of land now or formerly of H. W. Geesaman heirs; thence by said Geesaman land, South 67 degrees 30 minutes West, 70.88 feet to a stake on the Northeasterly side of said 35 feet wide street; thence along the Northeasterly side of said 35 feet wide street, South 27 degrees 45 minutes East, 118.93 feet to the place of BEGINNING; and known as Lot No. 1 in the Plan of Lots of Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228 and lot layout of John H, Atherton, R.P.E. Pa. 2602 recorded in Plan Book No. 5, at Page 18. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4385 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK Plaintiff (s) From JESSE E. ETTER AND APRIL M. ETTER (1) You are duetted 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 gamishee(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 aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,679.09 L.L. $.50 Interest FROM 3/1/04 TO 1/13/05 AT 8.0000% Atty's Comm % Due Prothy $1.00 Atty Paid $290.40 Other Costs Plaintiff Paid Date: JANUARY 19, 2005 CURTIS R. LONG Prothonota (Seal) ~~~~~ ~~ ~_~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY:.Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 14106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S!B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW JESSE E. ETTER APRIL M. ETTER (Mortgagor(s) and Record Owner(s)) 1 Strafford Street Shippensburg, PA 17257 Defendants} ACTION OF MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 No. 04-4385 M&T MORTGAGE CORPORATION S/BIM WITH ALLFIRST BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 7 Strafford Street Shippensburg, PA 17257 LName and address of Owner(s) or Reputed Owners}: JESSE E. ETTER 1 Strafford Street Shippensburg, PA 17257 APRIL M. ETTER 1 Strafford Street Shippensburg, PA 17257 2. Nance and address of Defendant(s) in the judgment: JESSE E. ETTER 1 Strafford Street Shippensburg, PA 17257 APRIL M. ETTER I Strafford Street Shippensburg, PA 1725? 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 Cazlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfaze Bldg. -Room 432 P.O. Box 2675 Hamsburg, 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 maybe 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 maybe affected by the sale. TENANTS/OCCUPANTS 1 Strafford Street Shippensburg,PA 17257 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tme and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 13, 2005 GOLDBECKi BY: Joseph A. Attorney for P 8c McKEEVER Esq. ~~' > ~ > ~_ . -;, .~ ~-- -~, (~ ~r -i: '- __ - ' i ~ r n ~J __, ~~ 04-4385 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia,PA 19106-1532 215-627-1322 Attomey for Plaintiff M&T MORTGAGE CORPORATION S/B/M ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW vs. JESSE E. ETTER APRIL M. ETTER Mortgagor(s) and Record Owner(s) 1 Scrafford Street Shippensburg,PA 17257 ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 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: ETTER, JESSE E. JESSE E. ETTER 106 MIDDLE SPRING ROAD Shippensburg,PA 17257 Yow house at 1 Scrafford Street, Shippensburg, PA 17257 is scheduled [o be sold at Sheriffs Sale on Wednesday, June OS, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $70,679.09 obtained by M&T MORTGAGE CORPORATION S/B/M W ITH ALLFIRST BANK against you. 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 ifyou pay to M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 04-4385 2. You maybe able to stop the sale by filing a petition asking the Court to strike of 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. A[ that time, the buyer may bring legal proceedings to evict you. 6. You maybe 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 N (-~ r7 [~7 li [~_. cl~ L^ ~ -Tt :.,_ till ~= _ "r _r.~ ~ ~' ~1 -_ - ' .-~y i'i <. !1 3 `. tj'; 04-4385 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER Mortgagor(s) and Record Owner(s) 1 Strafford Street Shippensburg,PA 17257 of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 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: ETTER, APRIL M. APRIL M. ETTER 106 MIDDLE SPRING ROAD Shippensburg,PA 17257 Your house at 1 Strafford Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, a[ 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $70,679.09 obtained by M&T MORTGAGE CORPORATION SiBiM WITH ALLFIRST BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: IN THE COURT OF COMMON PLEAS I. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 04-4385 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 soid 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 maybe 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 thirty (30) days from the daee of the Sheriffs Sale. This schedule will state who will be reoeiving 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 (IO) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the. sale. YOU 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ra ("~ ~~ ~ --i T_ -1- .c. tiles -- ~~~'= i . AL3 ~ ~! tii iT} .. ~~ G f r1 -. 04-4385 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attotey I.D.#16132 Suite 5000- Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW vs. JESSE E. ETTER APRIL M. ETTER Mortgagor(s) and Record Owner(s) 1 Strafford Street Shippensburg, PA 17257 ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 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: ETTER,JESSH E. JESSE E. ETTER 1 Strafford Street Shippensburg, PA 17257 Yow house at 1 Strafford Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriff s Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $70,679.09 obtained by M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST 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 MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 04-4385 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 STH.L 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 maybe 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 maybe 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU 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. LEGAL SERVICESINC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 n~ L7 C i ;"' - t C 2 ._~ c._. -?_ -r~. "s n r"= •. r tip.', -:i;; .. i' "_ ~~i~ ~~ U= .. ALL THAT CERTAIN tract of land with the dwelling house and other improvements thereon erected known as 1 Strafford Street, Shippensburg, situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northerly side of a 3S feet wide street and the intersection therewith of a 40 feet wide street; thence along the Northwesterly side of said 40 feet wide street North b7 degrees 30 minutes East, 60 feet to a stake; thence by Lot No. 2 now or formerly of Ralph A. Strafford and now or formerly of John A. Sheaffer and Helen Sheaffec, his wife, North 22 degrees 30 minutes West, 118.43 feet to a stake at line of land now or formerly of H. W. Geesaman heirs; thence by said Geesaman land, South 67 degrees 30 minutes West, 70.88 feet to a stake on the Northeasterly side of said 35 feet wide street; thence along the Northeasterly side of said 35 feet wide street, South 27 degrees 45 minutes East, 118.43 feet to the place of BEGINNING; and known as Lot No. 1 in the Plan of Lots of Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Strafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228 and lot layout of John H. Atherton, R.P.E. Pa. 2602 recorded in Plan Book No. 5, at Page 18. i Nov o s Zoos ~ GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: Kristine G. Murtha, Esq. Attorney LD.#61858 Attomey for Plaintiff M&T MORTGAGE CORPORATION SB/M WITH ALLFIItST BANK PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JESSE E. ETTER and APR1I, M. ETTER 1 Scrafford Street Shippensburg, PA 17257 04-4385 ORDER w AND NOW, this %~ " day of 004, upon considerafion of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendants by posting a copy of the Complaint upon the premises 1 Scrafford Street, Shippensburg, PA, 17257, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendants' last known address at 106 Middle Spring Road, Shippensburg, PA, 17257, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 maybe made upon Defendants by sending copies of same to Defendants' last known address by certified and regular mail and by posting the premises. BY THE COURT: -~~,,,~. l' /~.~ In 7+trEtfr~rr,~!y t'anf, 8 'ruin rmto set ~ 1~a11d aird the seal of °.~ut Ccurt at CariisFe, Pa. ~.rrP.~ ®o, f~,r~, pfOthOnt)tdN SHERIFF'S RETURN - REGULAR CASE N0: 2004-04385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ETTER JESSE E was served upon DEFENDANT the at 1910:00 HOURS, on the 2nd day of December 2004 at 1 SCRAFFORD STREET SHIPPENSBURG. PA 17257 POSTED PROPERTY AT by handing to 1 SCRAFFORD ST SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.80 Posting 6.00 Surcharge 10.00 So Answers: ~,..~"'"-`gym.=P-r«~ ~¢`? R. Thomas Kline 12/06/2004 GOLDBECK MCCAFFERTY Sworn and Subscribed to before me this !~ ~ d/ay of ,Zvv t5 A . D . P/ ~othonotar~~n~ ,.' By: ty ~her~iff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon L M the DEFENDANT at 1910:00 HOURS, on the 2nd day of December 2004 at 1 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 1 SCRAFFORD ST SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 6.00 ,,~ ., ,,~' ,,~~,//~ . 0 0 .yam F r .:°.-, ~ x'', .w'.:t..re'.? 6.00 ~ ^~ 10.00 R. Thomas Kline ~~ 12/06/2004 GOLDBECK Sworn and Subscribed to before By: me this r ~ day of 010~~ A.D. -~ ~ i r thonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER JESSE E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ETTER JESSE E 106 MIDDLESPRING ROAD SHIPPENSBURG, PA 17257 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 14.80 Not Found 5.00 Surcharge 10.00 .00 47.80 5o answers : ~ -~~ ='J R. Thomas ine Sheriff of Cumbe land County GOLDBECK MCCAFFERTY MCKEEVER 10/28/2004 Sworn and subscribed to before me r this /G~ " day of ~'JG-,,cmA~-~-~ ,~2UU ~{ A . D . Pmt onota y ~@~ '~~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04385 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS ETTER JESSE E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ETTER APRIL M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ETTER APRIL M 106 MIDDLE SPRING SHIPPENSBURG, PA 17257 DEFENDANT WAS NOT FOUND AT 106 MIDDLE SPRING RD. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers -" ~ .- Docketing 6.00 - Service .00 Not Found 5.00 R. Thomas K13ne Surcharge 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 10/28f2004 Sworn and subscribed to before me this /b ~ day of '~Zc-vrc~,.O.~. oZUL''f A.D. P~t~ionotary GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attomey for Plaintiff M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER (Mortgagor(s) and Record owner(s)) 1 Strafford Street Shippensburg, PA 17257 PRAECIPB TO SATISF7[ J[JDr3~II+a1T TO THE PROTHONOTARY: No. 044385 Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. JOSEPH A. GOLDfiECK, JR., ESQUIRE IN THE COURT OF COMMON PLEAS of Cumberland County f'3 t~ O p cr+ ~ ~~ ~.~. ~ W ~. > --v - -n . R: ry C' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Phitadeiphia, PA 13106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION SlB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 1424D-0840 Plaintiff vs. JESSE E. ETTER APRIL M, ETTER (Mortgagor(s) and Record ownerys)) 1 Strafford Street Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS of Cumberland County No. 04-4385 PRAECZPE TO SETTLE, DISCONTZNUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. __!~' JOSEPH A. GOLDBECK, JR., ESQUIRE n c~ -~ ~ ~_ 2~, - ~ rn~:. ~~ W }l~? '-r. ~, t^ ~, . r,i r. ) ', . ~;.. Cti »< M&T Mortgage Corporation s1b/m With Allfirst Bank VS Jesse E. Etter and April M. Etter In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4385 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 15, 2005 at 7:50 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Jesse E. Etter and April M. Etter, pursuant to order of court by posting the premises located at 1 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania, according to law. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Apri107, 2005 at 7:40 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jesse E. Etter and April M. Etter located at 1 Scrafford Street, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jesse E. Etter and April M. Etter, by regular mail to their last known address of 1 Scrafford Street, Shippensburg, PA 17257. These letters were mailed under the date of Apri18, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 1,214.48 Advertising 15.00 Posting Handbills 15.00 Law Library .SO Prothonotary 1.00 Levy 15.00 Surcharge 30.00 Mileage 31.08 Posting 6.00 Postage .74 Law Journal 242.15 Patriot News 297.40 Shaze of BIlIs 16.47 $1,914.82 Sworn and subscribed to before me Thisd3nklayof ~~,c~ 2005, A.D. ~' Prot on tart' R. Thomas Kline, Sheriff BY ~ Real Estat Deputy r b 15 s~ ~ ~~ ~, j~ss93 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attomey I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attomey for Plaintiff M&T MORTGAGE CORPORATION SIBJM WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW JESSE E. ETTER APRIL M. ETTER (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 1 Scrafford Street Shippensburg, PA 17257 Defendant(s) No. 04-4385 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION SBfM WITH ALLFIRST BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located ar 1 Scrafford Street Shippensburg,PA 17257 LName and address of Owner(s) or Reputed Owner(s): JESSE E. ETTER 1 Scrafford Street Shippensburg, PA 17257 APRIL M. ETTER 1 Scrafford Street Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: JESSE E. ETTER I Scrafford Street Shippensburg PA 17257 APRIL M. ETTER 1 Scrafford Street Shippensburg PA 17257 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 COONTY 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 maybe 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 7 Strafford Street Shippensburg, PA 17257 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 13, 2005 GOLDBECKI BY: Joseph A. Attorney fox P: '& McKEEVER Esq. 04-4385 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Mazket Saeet Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JESSE E. ETTER APRIL M. ETTER Mortgagor(s) and Record Owner(s) 1 Strafford Street Shippensburg, PA 17257 of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 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 WH.L BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ETTER, APRIL M. APRIL M. ETTER 1 Strafford Street Shippensburg, PA 17257 Your house at 1 Strafford Saeet, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, June 08, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $7Q679.09 obtained by M&T MORTGAGE CORPORATION S/B/M WITH ALLFIRST 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: IN THE COURT OF COMMON PLEAS 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK, the back payments, late chargea, costs and reasonable attorney's fees due. To Snd out how much you must pay call: 215-627-1322 04-4385 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 atoorney). YOIJ MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. 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 [o 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 shaze 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 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) aze filed with the Sheriff within ten (]0) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 170]3 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 04-4385 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Cetrter 701 Mazket Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVII, ACTION -LAW vs. JESSE E. ETTER APRIL M. ETTER Mortgagor(s) and Record Owner(s) 1 Strafford Street Shippensburg, PA 17257 ACTION OF MORTGAGE FORECLOSURE Term No. 04-4385 THIS LAW FIItM 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: E1TER, TESSE E. cease e. epee 106 MIDDLE SPRING ROAD Shippensburg,PA 17257 Your house at 1 Strafford Street, 5hippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on W ednesday, June O8, 2005, at 10:00 AM, in Commissioners Heazing Rm 2nd FL Courthouse to enforce the court judgment of $70,679.09 obtained by M&T MORTGAGE CORPORATION SB/M WITH ALLFIRST BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 MORTGAGE CORPORATION S/BIM WITH ALLFIRST BANK, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 04-4385 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert yow 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, yow 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 maybe 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 maybe entitled to a shaze of the money which was paid for yow house. A schedule of distribution of the money bid for your house will be filed by the Sheriff 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 yow house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. )F 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 f ALL THAT CERTAIN tract of land with the dwelling house and other improvements thereon. erected known as I Scrafford Street, Shippensburg, situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northerly side of a 35 feet wide street and the intersection therewith of a 40 feet wide street; thence along the Northwesterly side of said 40 feet wide street North b? degrees 30 minutes East, 60 feet to a stake; thence by Lot No. 2 now or formerly of Ralph A. Scrafford and now or formerly of John A. Sheaffer and Helen Sheaffer, his wife, North 22 degrees 30 minutes West, 118.43 feet to a stake at line of land now or formerly of H. W. Geesaman heirs; thence by said Geesaman land, South 67 degrees 30 minutes West, 70.88 feet to a stake on the Northeasterly side of said 35 feet wide street; thence along the Northeasterly side of said 35 feet wide street, South 27 degrees 45 minutes East, 118.93 feet to the place of BEGINNING; and known as Lot No. 1 in the Plan of Lots of Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228 and lot layout of John H. Atherton, R.P.E. Pa. 2602 recorded in Plan Book No. 5, at Page 18. r WRIT OF EXECUTION andlor ATTACHMENT CQMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4385 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION 5BlM WITH ALLFIRST BANK Plaintiff (s) From JESSE E. ETTER AND APRIL M. ETTER (1) You are directed to levy upon the property of the defendant (s)and to sell 5EE 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. Amoun[ Due $70,679.09 L.L. $.50 Interest FROM 3/1/04 TO 1(13105 AT 8.0000% Atty's Comm % Due Prothy $1.00 Atty Paid $290.40 Other Costs Plaintiff Paid Date: JANUARY 19, 2005 CURTIS R. LONG Prothonotary ~ (Seal) ~ ~yJ _ ~/I Q-, o ~ . / %~ R Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #13 On February 14, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 1 Scrafford Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2005 By:~6 ~vvt.c.~ Real Estat~Deputy 8Z ~Z d I Z NVf 5002 d e~i G'd "A1WitU:1 U~'d 1~~3d'~QfiJ ~,~12i3HS 3N! ~0 ~'~I ~ ~q --~,. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 Mazket 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 of publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th day(s) of May 2005. That neither he 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 aze tme, and That he 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 Miscell~eaus Book "M", Volume 14, Page 317, ~ \\ PUBLICATION •.•••••••••••••••••••~• COPY Sworn to and subscrib l~ffore zr3e-this 25th day SALE #13 f~rJ~~Y~ N01'ARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 297.40 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ~ew~~t~~.,a a~sa w~i°"~e.wa'a ,~.. ~. ra.r anti nESCwrrdc»~ AILT$AT (BMW trxa d Imd wi0 de anrllmg t~ aoa. aha heptoveasmm ihtamn erected lvosvn ae 1 $cre6atd Strcet, S ~ eitoue mq~ the Toavahgr of Cammouwrak6 , hovndcd and deemTW as6oll2ssa: B~R~1G rt a &ste m the Nutherly side of a 35 feet wide Wed and the ioOdaeNm drto- whh of a 40fed weds anal: ttience almg the NMhweWaly aide o[ wid4t1 fee wide eorcet Nott6 67 depxs 30 mmab fiaet, 60 feet to a eWce, th®abr is rm. 2 now a eaemr~y of Riloh A. Saa6`ad aodmw a fumedv d Cohn mia oed Wet, IlBA3 fed to a amts as lam row a tamady of H. W. hehe; theme 6y said (ieesam® lam, ti lam PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law 7oumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established Januazy 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, April 15, 22, 29, 2005 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 ^tntements as to time, place and character of publication are true. t,.• ~ ~~~ sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 29 day of Apri] tVdt'ARIRL SEAL ~ L01S E. SNYDER, hbtery Public Carlisle Boro, Cumberland County My Commission Exp'ues March 5, 2009 54tt~.~... _.:.... REAL ESTATE BALE NO. 13 Writ No. 2004-4385 Clvil MNfI' Mortgage Corporation, s/b/m with Allftrst Bank vs. Jesse E. Etter and April M. Etter Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land with the dwelling house and other improvements thereon erected known as 1 Scrafford Street, Shippensburg, situate in the Township of South- ampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northerly side of a 35 feet wide street and the intersection therewith of a 40 feet wide street; thence along the Northwesterly side of said 40 feet wide street North 67 de- grees 30 minutes East, 60 feet to a stake: thence by Lot No. 2 now or formerly of Ralph A. Scrafford and now or formerly of John A. Sheaffer and Helen Sheaffer, his wife. North 22 degrees 30 minutes West, 118- .43 feet to a stake at line of land now or formerly of H. W. Geesaman heirs; thence by said Geesaman land, Scuth 67 degrees 30 minutes West, 70.88 feet to a stake on the Northeasterly side of said 35 feet wide street; thence along the North- easterly side of said 35 feet wide street, South 27 degrees 45 min- utes East, 118.93 feet to the place of BEGINNING; and known as Lot No. 1 in the Plan of Lots of Southamp- ton Township, Cumberland Coun- ty, Pennsylvama, laid out for Ralph A. Scrafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228 and lot layout of John H. Atherton, R.P.E. Pa. 2602 recorded In Plan Book No. 5, at Page 18.