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HomeMy WebLinkAbout12-4735Fitea-@FFICE OF THC PPOTHONOTARY 2012 JUL 30 AN 10: 35 CUMBERLAND COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank 1100 Wehrle Drive Williamsville, New York 14221 V. Wayne A. Kendel 902 Sadler Court Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 12, 4 7 35 lud COMPLAINT IN MORTGAGE FORECLOSURE 0- %10-9. 7S a?`I ?? ICI ?,?o?l bI y File # 643( Page 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 this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted qui( defenderse de estas demandas ex-puestas en las pagir siguientes, usted tiene veinte (20) dias de plazo al par de la fecha de la demanda y la notifrcacion. Hace fa asentar una comparencia escrita o en persona o con abogado y entregar a la corte en forma escrita s defensas o sus objeciones a las demandas en contra su persona. Sea avisado que si usted no se defiende, corte tomara medidas y puede continuar la demanda contra suya sin previo aviso o notificacion. Ademas, corte puede decidir a favor del demandante y requie que usted cumpla con todas las provisioner de e! demanda. Usted puede perder dinero o sus propiedad u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED N TIENE A UN ABOGADO, VA A O TELEFONEA L OFICINA EXPUSO ABAJO. ESTA OFICINA L PUEDE PROPORCIONAR CON INFORMATIO ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONA PARA EMPLEAR UN ABOGADO, ESTA OFICIN. PUEDE SER CAPAZ DE PROPORCIONARLO CO INFORMACION ACERCA DE LAS AGENCIA QUE PUEDEN OFRECER LOS SERVICIO LEGALES A PERSONAS ELEGIBLES EN U HONORARIO REDUCIDO NI NINGU HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 File # 643E Page This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Unless, within thirty (30) days after your receipt of this communication, you dispute the validity the debt, or any portion of the debt, we will assume that the debt is valid. If you notify us in writing within thirty (30) days of your receipt of this communication that the debt, or a portion of the debt, is disputed, we will obtain verification of the debt or a copy of the judgment against you, and we will mail to you a copy of the verification or judgment that we obtain. Upon your written request to us within thirty (30) days of your receipt of this communication, we will provide to you the name and address of the original creditor, if different from the current creditor. Case Name: M&T Bank v. Wayne A. Kendel Cumberland County File # 643E Page COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T Bank, duly organized and doing business at the above-captioned addres 3. 2. The Defendant is Wayne A. Kendel, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 902 Sadler Court, Carlisle, Pennsylvan a 17013. 3. On November 17, 2006, mortgagor made, executed and delivered a mortgage upon t e premises hereinafter described to Mortgage Electronic Registration Service Inc., acting solely as a nominee for M&T Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberla d County in Mortgage Book 1973, Page 4641, such Mortgage being incorporated herein by reference by virte of Rule 1019(g) Pa. R. C. P. 4. On April 9, 2010, the aforesaid mortgage was thereafter assigned by Mortgage Electron c Registration Service Inc., acting solely as a nominee for M&T Mortgage Corporation to M&T Bank, Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Instrum Number 201014832, such Assignment of Mortgage being incorporated herein by reference by virtue of R 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the legal description attached Exhibit "A" and is known as 902 Sadler Court, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon s mortgage due October 1, 2011 and each month thereafter are due and unpaid, and by the terms of s mortgage, upon default in such payments for a period of one month, the entire principal balance and interest due thereon are collectible forthwith. File # 7. The following amounts are due on the mortgage: Principal Balance $ 153,759.95 Interest through August 23, 2012 $ 8,457.06 (Plus $23.72 per diem thereafter) Late Charges $ 380.00 Attorney's Fee $ 1,450.00 Escrow Advance $ 973.23 Mortgage Insurance Premiums (MIP) $ 113.10 Property Inspection $ 14.00 GRAND TOTAL $ 165,147.34 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will collected in the event of a third party purchaser at Sheriff s sale. If the mortgage is reinstated prior to sale, reasona and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicat 8. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $165,147.3 together with interest at the rate of $23.72per diem and other costs and charges collectible under mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: [ ] Aeu,4-t."- TEM?ENft J. cCABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ EDWARD D. CONWAY, ESQUIRE [ MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff File # VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign t verification at this time, and are true and correct to the best of his/her knowledge, information and beli and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: har [ ] TERRENC J. McCABE, ESQUIRE [ ] MARC S. EISBERG, ESQUIRE [ ) EDWARD D. CONWAY, ESQUIRE [./f MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff M&T Bank v. Wayne A. Kendel File # EXHIBIT "A" ALL THAT CERTAIN tract of land with improvements thereon, situated in the Turd Ward of the Borough Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the west side of Sadler Court, which point is in the line of dividing Lots 22 and 23 shown on the Plan of Section 2 of Forest Park recorded in Cumberland County, Pennsylvania, in Platt Book 1 Page 54; thence along said dividing line, North 70 degrees 15 minutes 40 seconds West, 143.16 feet to a point the line dividing Lots 18 and 23 on said plan of Lots; thence along the lust mentioned dividing line, North degrees 52 minutes 40 seconds West, 146 feet to a point on the right of way of Interstate 31; thence along se right of way line, South 88 degrees 31 minutes 40 seconds Fast, 235.63 feet to a point in the line dividing Lots and 24; thence along said last mentioned dividing line, South 09 degrees 19 minutes 113,79 feet to a point on t north side of Sadler Court; thence by a curve to the left at the northwestern end of the cul-de-sac at the end Sadler Court, a distanc3 of 69.44 feet to the Place of BEGINNING. BEING Lest No. 23 as shown on the Plan of Section 2 of Forest Park, as recorded in the Office of the Recorder Deeds for Cumberland County in Plan Book 16, Page 54. BEING improved with a brick ranch dwelling house send garage known as 902 Sadler Court, Pennsylvania. FORM I M&T Bank IN THE COURT OF COMMON PLEAS OW) a Plaintiff CUMBERI...AND COUNTY, PF,NNSYLV_4§A --? rn r*r vs. ?F r" -LTA -<> ICJ Wayne A. Kendel 73 Civil ?M Defendant 3"e-.) - C::>-n =F s} 5 Q NOTICE OF RESIDENTIAL MORTGAGE FORECLOS?T ;= DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliatil Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer compl a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliar Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully Date [Signaturif of Counsel for Plaintiff] FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possib e options while working with your Please provide the following information to the best of your knowledge: 1AHf4MM?HMN1W&VE --- Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: # of people on household: How long? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: # of people on household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Amount owed: _ Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles. boats, motorcvcles): Year: Amount owed: Monthly Income Name of Employers: 1. 2 3 Year: Year: Model Value: Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obili, to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements V Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) Date 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , ~-- `~' ' `' ~ ~. Sheriff ~ ~= ~; ~ ~ ~'ti~t 1~ r~i ~~ ~"~ t~ y t~ ~ ~~, ~0~ititr et ~: u~Hd~ct~/~ip~ Jody S Smith .~~ ~ ~ ~~~ ~ ~ A~ 9. ~ Chief Deputy ' " t .t, Richard W Stewart ~ ~,'~L~ ~~ L ~~.~.~~~ ~Q~~~~~ Solicitor F,c€a~-~~s,~E~,~a ~~ P~Nt~:S`(l.WA~iIA M&TBank vs. Wayne A. Kendel Case Numb 2012-4735 SHERIFF'S RETURN OF SERVICE 08/06/2012 06:30 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on Aug, 6, 2012 at 1830 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon within named defendant, to wit: Wayne A. Kendel, by making known unto himself personally, at 902 Sadler Court, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. rr TIM B CI ,DEPUTY SHERIFF COST: $34.00 August 09, 2012 SO ANSWERS, L~-~ l;~ R ANDERSON, SHERIFF (c,! C~un:ySuite Sheriff, Teleesoft, I^c. r= !le.r 9-OF ICE THE P?SROTN0N0TfIrj y 2`2 DEC 20 A"11:02 PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank I Cumberland County Plaintiff Court of Common Pleas V. Wayne A. Kendel Defendant Number 12-4735 MOTION 'TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriff s Sale of Real Property upon the Defendant, Wayne A. Kendel, at his/her last-known address of 902 Sadler Court, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant because defendant moved. Process server spoke with Donna Kendel, defendants ex wife, who was cleanig out the property stated that no one is living at property. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A" 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendant, Wayne A. Kendel, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriff s Sale of Real Property upon the Defendant, Wayne A. Kendel, by regular mai I; certified mail, return receipt requested, and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 902 Sadler Court, Carlisle, Pennsylvania 17013. McCABE, WEISBERG AND CONWAY, P.C. BY: N cCabe, Esquire [ ] Terr lo [ ]Marc S. Weisberg, Esquire nway, Esquire [ ] Edward D. j-,-]'Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph 1. Foley, Esquire Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank I Cumberland County Plaintiff Court of Common Pleas V. Number 12-4735 Wayne A. Kendel Defendant MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE, WEISBERG AND CONWAY, P.C. BY:_ [ ] Terrence J. cCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire []'Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ 1 Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&"1'Bank I Cumberland County Plaintiff Court of Common Pleas V. Wayne A. Kendel Defendant Number 12-4735 CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing; Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 17th day of December, 2012, upon the following: Wayne A. Kendel 902 Sadler Court Carlisle, Pennsylvania 170] 3 McCABE, WEISBERG AND CONWAY, P.C. A ak BY:_ [ ] Terr nce J. eCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. onway, Esquire [---]'Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ J Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. MCCA.BE, WEISBERG AND CONWAY, P.C. BY: t [ ] Terrence J. cCabe, Esquire [ ] Marc S. Weisberg, Esquire nway, Esquire ( ] Edward D. .i/rMargaret Gairo, Esquire ( ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire Attorneys for Plaintiff M&T Bank v.Wayne A. Kendel Cumberland County; CCP; Number 12-4735 File Number: 64366 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 12-4735 AFFIDAVIT OF SERVICE M and T Bank vs. Wayne A. Kendel Commonwealth of Pennsylvania. County of Dauphin ss. i , John Shinkowsky, a competent adult, being duly sworn according to law, depose and say that at 2:09 PM on 1107/2612, I non--served Wayne A. Kendel at 902 Sadler Court, Carlisle, PA 17013 in the manner described below: a true and correct copy of Notice of Sheriffs Sale of Real Property issued in the above captioned matter. Comments&rev. Attempts: 11/02/2012 at 8:07 p.m. - No answer. 11/06/2012 at 3:18 p.m. - No answer. A business card was posted to the premises requesting the subject call the process server. 11/07/2012 at 2:09 p.m. - Donna Kendel (white female, 5' 07",170 lbs., brown hair, 48 years of age), the ex-wife of the subject, was cleaning out the property and stated no one is living at the property. wUrn t? ar l Su' ib d before me on this I i'?1111 '_ 2011 - ? - COMMONW6Al;ltt t?1; PENNSYLVANIA Nt71" ARIAL SEAL Kathryn S. Fogle, Notary Public Lower Paxton Twp, Dauphin County M commission expires An ust J3,2016 X , Jahn nkowsky AOSS 1 Huntington Quadr n e, Suic.e 2SO4 Melville, NY 1174 (516) 294-5850 Atty File#: 36627 -- Our File# 22781 AFFIDAVIT OF GOOD FAITH INVESTIGATION I I"III ?I?II *40416* File#:287-0773PA Subject: Wayne A. Kendel Last-known Address: 902 Sadler Court, Carlisle, PA 17013 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Susan Farbizio, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. On l 1/15/2012, I completed a good faith investigation into the whereabouts of the Wayne A. Kendel at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date Investigation Remarks In uiries 11/15/2012 PROPERTY 902 Sadler Court Carlisle, PA 17013 ADDRESS: INQUIRY OF LOCAL Directory Assistance: Search was unable to 11/15/2012 TELEPHONE locate a telephone listing for the subject. COMPANY: Search results show the subject resides at the 11/15/2012 INTERNET SEARCH: above stated last-known address, Social Security Death Index Search was unable 11/15/2012 DEATH RECORDS: to locate a death record for-the subject, - 1 LOCAL TAX Search was unable to confirm a mailing address 11/15/2012 RECORD IN UIR for the above stated property address. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best knowledge, information and belief. Sw rn to and subscribe$ before me on ?r? ?,?zt t _20 i2 Notary Public, LAURA SCICCHITANO NOTARY pUBUIc-STATE OF 0Cl SC6215568 W YORK 9ualitlod In Suttolk County My Commission 69004 000SM09f aa, 20i3 X vye-., - - Susan Farbizio Attorney Outsourcing Support Services, Inc. 1 Huntington Quadrangle, Suite 2SO4 Melville,NY 11747 Free People Search I WhitePages WhitePages • First name Wayne . * Last name Kendel ....... ....... • City, State or ZIP Carlisle PA Submit Query. Wayne A Kendel 902 Sadler Ct Carlisle, PA 17013-4258 Age: 40-44 Associated: Donna 3 Kendel Save to Mailer Claim & Edit ® 2033 Mgt r ?S r4, ?y(1 d Al rn ®•301® NBUYT7!?. ®AN® Loading... . View My Mailer © 2012 WhitePages Inc. - Privacy Policy and Terms of Use Page 1 of 1 http://www.whitepages.com/riame/Wayne-A-Kendel/Carlisle-PA/5kNkjph7 11/15/2012 Page 1 of 3 @ IRBsearch Person Search Results Search Terms Used - SSN- 192649237; All Cnil Nam" AnA/nOR Address Records: 1 to 23 of 23 Dates Phone Information T 1 WAYNE A KENDEL 44 902 SADLER CT Dec 06 - Oct 12 . Gender: Male Aug xx, 1968 CARLISLE PA 17013.4258 192.64-xxxx LexID: 1374853100 We Also D Property Records ? Email Address Found: 2 WAYNE A KENDAL 44 902 SADLER CT 2003.2011 . Gender: Male Aug xx, 1968 CARLISLE PA 17013.4258 192.64-xxxx LexID: 1374853100 . '"' WAYNE CAMPBELL Gender: Male 44 Aug xx, 1968 902 SADLER CT CARLISLE PA 17013.4258 Dec 06 - Dec 10 192.64-xxxx LexID: 1374853100 4. WYANE A KENDEL Gender: Male 44 Aug xx, 1968 902 SADLER CT CARLISLE PA 17013-4258 Dec 06 - Dec 10 i 192.64-xxxx LexIDA374853100 5 WAYNE A KENDEL 329A F ST Nov 12 . Gender: Male CARLISLE PA 17013.1346 192.64-xxxx LexID:1374853100 ?? WAYNE A KENDEL 44 210 S JEFFERSON ST APT 1 Nov 06 Gender: Male Aug xx, 1968 HANOVER PA 17331.4823 192-64-xxxx LexID: 1374853100 7 WAYNE CAMPBELL 44 210 S JEFFERSON ST APT 1 Dec 03 - Oct 06 - Gender: Male Aug xx, 1968 HANOVER PA 17331.4823 192.64-xxxx LexID: 1374853100 WYANE A KENDEL 44 210 S JEFFERSON ST APT 1 Dec 03.Oct 06 Gender: Male Aug xx, 1968 HANOVER PA 17331.4823 192-64-xxxx l_exID:1374853100 9 WAYNE A KENDEL 44 1200 BALTIMORE PIKE Aug 00 - Jul 04 . Gender: Male Aug xx, 1968 GETTYSBURG PA 17325.7003 192.64-xxxx LexID: 1374853100 j 10 WAYNE CAMPBELL 44 38 E HAYNES ST Dec 95 - Mar 02 . Gender: Male Aug xx, 1968 NEWNAN GA 30263.2216 192.64-xxxx LexID: 1374853100 1 WYANE A KENDEL 44 38 E HAYNES ST Dec 95 - Mar 02 Gender: Male Aug xx, 1968 NEWNAN GA 30263.2216 192-64-xxxx https://secure.accurint.com/ar)p/bps/main 11/15/2012 Page 2 of 3 LexID: 1374853100 12. WAYNE A KENDEL 44 38 E HAYNES ST Nov 95 - Mar 02 770.502.8588 - EST Gender: Male Aug xx, 1968 NEWNAN GA 30263-2216 ALLINGTON WALLY 192.64-xxxx LexID: 1374853100 13 WAYNE CAMPBELL 44 1200 BALTIMORE PIKE Sep 00 - Nov 00 . Gender: Male Aug xx, 1968 GETTYSBURG PA 17325.7003 192.64-xxxx LexID: 1374853100 14 WYANE A KENDEL 44 1200 BALTIMORE PIKE Sep 00 - Nov 00 . Gender: Male Aug xx, 1968 GETTYSBURG PA 17325.7003 192-64-xxxx LexID: 1374853100 15 WAYNE CAMPBELL Gender: Male 44 Aug xx, 1968 210 GREISON TRL APT 2D NEWNAN GA 30263.1840 Dec 94 - Feb 96 192.64-xxxx LexID: 1374853100 16 WYANE A KENDEL 44 210 GREISON TRL APT 2D Dec 94 - Feb 96 . Gender: Male Aug xx, 1968 NEWNAN GA 30263.1840 192.64-xxxx LexID: 1374853100 1 WAYNE A KENDEL 44 210 GREISON TRL APT 2D Sep 94 - Feb 96 770-502.8588 - EST Gender: Male Aug xx, 1968 NEWNAN GA 30263.1840 ALLINGTON WALLY 192.64-xxxx LexID: 1374853100 18 WAYNE A KENDEL 44 215 GREISON TRL APT 8A Sep 85.Oct 95 770.502.8588 - EST . Gender: Male Aug xx, 1968 NEWNAN GA 30263.1839 ALLINGTON WALLY 192.64-xxxx LexID: 1374853100 19. WAYNE A KENDEL 44 116 S CHERRY ST 1 Oct 94 Gender: Male Aug xx, 1968 MYERSTOWN PA 17067.1317 192.64-xxxx LexID: 1374853100 20 WAYNE A KENDEL 44 2 ARWIN DR APT 3 Jan 94 . Gender: Male Aug xx, 1968 HUMMELSTOWN PA 17036-9110 192.64-xxxx LexID: 1374853100 mm ^ 21 WAYNE A KENDEL 44 RR 1 BOX 124 Sep 85 - Dec 92 . Gender: Male Aug xx, 1968 NEWMANSTOWN PA 17073 192.64-xxxx ' Hotel or motel. LexID: 1374853100 Elementary or secondary school. 22. WAYNE A KENDEL Gender: Male 44 Aug xx, 1968 1402 E MAIN R ST ANNVILLE PA 17003 Mar 90 192-64-xxxx LexID: 1374853100 23. DONNA KENDEL 1200 BALTIMORE PIKE Nov 00 - Mar 01 Gender: Female GETTYSBURG PA 17325.7003 192.64-xxxx LexID: 33708176731 littps:l/secure.accurint.com/app/bps/main 11/15/2012 Page 3 of 3 Your DPPA Permissible Use. Use in the Normal Course of Business Your GLBA Permissible Use: Authorized by Consumer Records: 1 to 23 of 23 https://secure.accurint.com/app/bps/main 11/15/2012 Scit?l "ecurity Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page I of 3 1. Home> 2. Social Security Death Index > 3. Search Results Death Records in the Social Security Death Index (SSDI) Your search did not match any items in Social Security Death Index. Suggestions • Check your spelling. • Try inserting wildcards in place of any easily misread letters, like "Mo??oy" or "Mo*oy." The question mark wildcard will match any single character, and the asterisk will match up to five characters. Learn More • Try searching for other distinctive information about your ancestor using the "Include keywords" field. Need Help Searching Your Ancestors? Contact Us Now Toll Free 1-866-223-8535 Our family history consultants are here to help. ! i am - 7pm EST Try another search! Last Name ? 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'ti. b ? `? .,W ?`?•, ? _??' r? ?'?? ? ?'? ? .? a ? ? yi ??P ?ptJ?y???r ?i?s???? ..:3 .??.i ft? ??{e .vm4 ? •i ? ?11 ?i?»»a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Y�w�„h, P 0THOti0[A Jody S Smith `d Chief Deputy 2f)1 3 MA Y —6 AM 0: :3 t Richard W Stewart ��` � r^J�MB[] � // ��j�,D^� CO } i'( Solicitor ,)FF4 yrF THE S"ERIFF VU�C.�EfiLla�iFU t+VVINI { PENNSYLMNIA M &T Bank Case Number vs. Wayne A. Kendel 2012-4735 SHERIFF'S RETURN OF SERVICE 12/28/2012 03:14 PM -Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 902 Sadler Court, Carlisle, PA 17013, Cumberland County. 03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Terrance McCabe, on behalf of M &T Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,106.51 SO ANSWERS, April 30, 2013 RONNY R ANDERSON, SHERIFF { r McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D. CONWAY,ESQUIRE -ID#,34687 MARGARET CAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 215 790-1010 M&T Bank CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 12-4735 Wayne A.Kendel Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at: 902 Sadler Court,Carlisle,Pennsylvania 17013,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Wayne A.Kendel 902 Sadler Court Carlisle,Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Wayne A.Kendel 902 Sadler Court Carlisle,Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Value Healthcare Management LLC 152 West 57th Street New York,New York 10019 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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: Name Address Tenants/Occupants 902 Sadler Court Carlisle,Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit-are true and correct to the f my personal knowledge or information and belief. I understand that false statement a e e ubject to the nalties of 18 Pa.C.S. Section 4904 relating to unworn falsification authorities. s' F Joseph F.Ri squire DATE Attorney fo Plaintiff LEGAL DESCRIPTION PROPERTY: 902 Sadler Court, Carlisle,Pennsylvania 17013. ALL THAT CERTAIN tract of land with improvements thereon, situated in the Third Ward of the Borough: of Carlisle,Cumberland County,Pennsylvania,bounded and desen`bed as follows. BEGINNING at a point on the west side of Sadler Court, which point is in the line of dividing Lots 22 and 23 as shown on the Plan of Section 2 of Forest park recorded in Cumberland County, Pennsylvania, in Plan Book 16, Page 54; thence along said dividing line, North 70 degrees 15 minutes 40 seconds West, 143.16 feet to a point in the line dividing Cats 18 and 23 on said plan of Lots; thence along the last mentioned dividing lire, North 14 degrees 52 minutes 40 seconds West, 106 feet to a paint on the right of way of lnterst ato 81; thence along said right of way line, South 88 degrees 31 minutes 40 seconds East, 235.63 feet to a paint in the line dividing Lots 23 and 24T thence along said last mentioned dividing line, South 09 degrees 19 minutes 113,79 feet to a point on the north side of Sadler Court; thence by a curve to the left at the northwestern end of the cul-de-sac at the end of Sadler Court,a distanc3 of 69.44 feet to the Place of BEGINNING. BEING Lot No. 23 as shown on the Plan of Section 2 of Forest Park, as recorded in.the C1fflice of the Recorder of Deeds for Cumberland County in Plan Beak 16, Page 54. BEING improved with a brick ranch dwelling house and garage known as 902 Sadler Court, Pennsylvania. BEING the same premises which HEATH J.WILSON AND CHRISTIAN N.WILSON by deed dated November 17, 2006 and recorded November 22,2006 in the office of the Recorder in and for Cumberland County in Deed Book 277,Page 3497 Instrument#2006-042587,granted and conveyed to Wayne A.Kendel in fee. TAX MAP PARCEL NUMBER:04-22-0481-197 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830, . KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW M&T Bank COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Wayne A.Kendel Number 12-4735 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Wayne A.Kendel 902 Sadler Court Carlisle,Pennsylvania 17013 Your house(real estate)at 902 Sadler Court,Carlisle,Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on March 6,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$166,167.30 obtained by M&T Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T Bank the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe, Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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 the following notice on how to obtain an attorney.) 1 ' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1.010. 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 on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the 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 schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 A LEGAL DESCRIPTION PROPERTY: 902 Sadler Court,Carlisle,Pennsylvania 17013. ALL THAT CERTAIN tact of land with improvements therew, situated in the "['bird Ward of the Borough 01 Carlisle,Cumberland County, Pennsylvania, bounded and described as follow's, BEGINNJ`NG at a point on the west side of Sadler Court which pol int is in the line of dividing Lots 22 and 23 as shown on the Plan of Section 2 of Forest Park recorded in Cumberland County, Pennsylvania, in Plan Book 16, Page 54; thence along said dividing line, North 70 degrees 15 minutes 40 seconds West, 143.16 feet to a point in the line dividing Lots )8 and 23 on said plan of Lots; thence along the last mentioned dividing line, North 14 degrees 52 minutes 40 seconds West, 106 feet to a point on the right of way of Intermto 81; thence along said right of way line, South 88 degrees 31 minutes 40 seconds East, 235.63 fed to a point in the line dividing Lots 23 and 24; thence along said last mentioned dividing line, South 09 degrees 19 minutes 113,79 feet to a point on the north side of Sadler Court-, thence by a curve to the left at the northwestern end of the cul-de-sac at the end of Sadler Court,a distanc3 of 69.44 feet to the Place of BEGR4"G. BEING Lot No. 23 as shown on the Plan of Section 2 of Forest Park, as recorded in.the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 54. BUNG improved with a brick ranch dwelling house and,prW known as 902 Sadler Court Pennsylvania. BEING the same premises which HEATH J.WILSON AND CHRISTIAN N.WILSON by deed dated November 17, 2006 and recorded November 22,2006 in the office of the Recorder in and for Cumberland County in Deed Book 277,Page 3497 Instrument#2006-042587,granted and conveyed to Wayne A.Kendel in fee. TAX MAP PARCEL NUMBER: 04-22-0481-197 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4735 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due M&T BANK Plaintiff(s) From WAYNE A.KENDEL (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishees)that: (a)an attachment has been issued;(b)the gamishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $166,167.30 L.L.: .50 Interest FROM 10/6/12 TO 3/6/13-$4,140.48 AT$27.24 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $185.25 Other Costs: Plaintiff Paid: Date: 10/9/12 David D.Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name:JOSEPH F. RIGA,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY TRUE COPY FROM RECORD 123 S.BROAD STREET,SUITE 2080 In Testimony whereof,I here unto set my hand PHILADELPHIA,PA 19109 and the seal of said Court at Carlisle,Pa. This 9 day of ,201-0 Attorney for: PLAINTIFF Prothonota Telephone: 215-790-1010 Supreme Court ID No. 16496 On October 25, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough Cumberland County, PA, Known and numbered as, 902 Sadler Court, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 25, 2012 By: Real Estate Coordinator i I 2012.4735 ChH M&T Baal_ { Ve Wayne A.Kenc4a . Agra TWMn"McbWm PROPERTY; 962 Sadler Court, Carlisle, n3'iv4nia 17013. ALL'HO(t�60 of,land with improvements Q�re4A srtuated. in the Cumberland" , County . bounded and as koflows: BEGINNING at a point on the west side Of Sadler Court which point is in the_line of dividing Lots 22 and 23 as shown on the Plan of Section 2 of Forest Park recorded in Cumberland County, Pe=s,, a a, in Plan Book Wage,541 thence along said dividing line;North 70 degrees 15 minutes 40 seconds West,143.16 feet to a point in the line dividing Lots 18 and 23 on said plan Of Lots;thence along the'last mentioned dividing line,North 14 degrees 52 minutes 40 seconds 106 feet to a point on the right of way of laterstak 81;thence along said minutes 46 s way e' �ddkrees 31 point in the line �'235.63 feet to a dig Lou 23 and 24; thence along'said last mentioned dividing line;South 09 depies"19 nvn- 113;79 feet to a point on the north side of Sadler Comt thence by a Awe to the Leff at the northwestern end of the culsac at.the end of Sadler Court,a distance of 69.44 feet to the Place of BEGINNING. BEING.Lot No.23 as'shown on the Plan Of Section 2 of£meat Park,as recorded in the � Of the Rboorder of Deeds for BEING CoUn�m�°Bbok 16,Page 54, �ptoved with'a brick ranch dwelling house and garage IMMn as 902 Sadler Court,Pennsylvania, BEING the same premises thkh FIF jH J WHSON AND CHRISTIAN N.WJ SON "by deed dated November 11,2006 and recorded November 22 2A06 in the office C the Recorder in and for Cumberland County in Deed Book.277; Page-3497 Instrument # 2006-042587, granted and wnveyed to Wayne A Kendel in fee. . lax Map Parcel Numbe.04-22-0481-197 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXews Suite 300, Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co:aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. I. PUBLICATION COPY This ad ran on the date(s)shown below: 01/22113 01/29/13 02/05/13 Sworn o a d ubscribed before me th 4,cLVofFebrua , 2013 A.D. Pu lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin county My commission Expires Dec.12,2016 PENNSYLVANIA ASSOCIATION OF NOTARIES CUMBERLAND LAW JOURNAL Writ No.2012-4735 Civil N.WILSON by deed dated November 17, 2006 and recorded November M&T Bank 22,2006 in the office of the Recorder VS. in and for Cumberland County in Deed Book 277, Page 3497 Instru- Wayne A.Kendel ment # 2006-042587, granted and Atty.:Terrance McCabe conveyed to Wayne A.Kendel in fee. PROPERTY: 902 Sadler Court, TAX MAP PARCEL NUMBER:04- Carlisle,Pennsylvania 1701.3. 22-0481-197. ALL THAT CERTAIN tract of land with improvements thereon,situated in the Third Ward of the Borough of Carlisle,Cumberland County,Penn- sylvania,bounded and described as follows: BEGINNING at a point on the west side of Sadler Court which point is in the line of dividing Lots 22 and 23 as shown on the Plan of Section 2 of Forest Park recorded in Cumberland County,Pennsylvania,in Plan Book 16,Page 54;thence along said divid- ing line,North 70 degrees 15 minutes 40 seconds West, 143.16 feet to a point in the line dividing Lots 18 and 23 on said plan of Lots; thence along the last mentioned dividing line, North 14 degrees 52 minutes 40 seconds West, 106 feet to a point on the right of way of Interstate 81; thence along said right of way line,South 88 degrees 31 minutes 40 seconds East,235.63 feet to a point in the line dividing Lots 23 and 24; thence along said last mentioned dividing line; South 09 degrees 19 minutes 113,79 feet to a point on the north side of Sadler Court; thence by a curve to the left at the northwestern end of the cul- de-sac at the end of Sadler Court, a distance of 69.44 feet to the Place of BEGINNING. BEING Lot No.23 as shown on the Plan of Section 2 of Forest Park, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16,Page 54. BEING improved with a brick ranch dwelling house and garage known as 902 Sadler Court, Penn- sylvania. BEING the same premises thich HEATH J WILSON AND CHRISTIAN 72 r � PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8,2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal,a legal periodical of general circulation,and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. sa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this da of Februar , 2013 t Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which M& T is the grantee the same having been sold to said grantee on the 6th day of March A.D.,2013,under and by virtue of a writ Execution issued on the 9th day of October, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4735, at the suit of M& T Bank against Wayne A. Kendal is duly recorded as Instrument Number 201314717. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. c�7-a Recorder of Deeds t er of d C unity,Caft1%PA My commissi ices the Fist Monday of Jan.2014