Loading...
HomeMy WebLinkAbout14-1012 r a Supreme Court-of Pezinsylvaiiia Cou a Cotnaiiion Pleas For Prothanow , Use ©nlr: civil.cover, Sheet Cuinberlaiid �` Count; Docket No: /,c2 The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace the filing and service of leadin s or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name: M &T BANK WENDY M. CARMINES C BRIAN S. CARMINES T I Dollar Amount Requested within arbitration limits O Are money Damages requested ?: ❑ Yes No (Check one) X outside arbitration limits I Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO A Name of Plaintiff/appellant's Attorney: KML Law Group, P.C. ❑ C heck here if you are a Self-Represented (Pro Se Litigant Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance 1 ❑ Dept. of Transportation S ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) ❑Employment dispute: C ❑ Slander/Libel Defamation Discrimination ❑Employment Dispute: Other ❑ Other T ❑ Other: I 0 MASS TORT ❑ Other ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration $ ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ ' Other Pa.R.C.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. SUITE 5000 -BNY MELLON INDEPENDENCE CENTER j'r J +,� i 701 MARKET STREET 0 TA wr PHILA D ELPHIA, PA 191.06 11 f 4 FE8 2 1 � (866) 413 -2311 IANU �l M &T BANK PENNSYLVANIA E COURT OF COMMON PLEAS One Fountain Plaza Buffalo, NY 14203 OF Cumberland COUNTY Plaintiff vs. CIVIL ACTION - LAW WENDY M. CARMINES BRIAN S. CARMINES ACTION OF MORTGAGE FORECLOSURE Mortgagor(s) and Record Owner(s) � (I-r/.. )f7�E ff// 161.2 Main Street LA VII. ACTjON Mechanicsburg, PA 17055 ]FO, 'j,,Q Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 , 717 - 243 -9400 AVISO Le han demandado a usted en 1a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA G 3 7 AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. awt4 �' d SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 1.7013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE . ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website littp://www.121ifa.org/consumers/liomeowners/real.lWx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /w\ w.pliiIadelph.iafed.org /foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretentionQkmllawaroup.co.m Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and /or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 21.5- 825 -6418. Please reference our Attorney File Number of 1.28268FC. Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. i COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M &T BANK, One Fountain Plaza, Buffalo, NY 14203. 2. The name(s) and address(es) of the Defendant(s) is /are WENDY M. CARMINES, 1612 Main Street, Mechanicsburg, PA 17055 and BRIAN S. CARMINES, 1612 Main Street, Mechanicsburg, PA 17055, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. i 3. On January 26, 2009 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR M &T BANK, which mortgage is recorded in the Office of the Recorder of Deeds j of Cumberland County on February 02, 2009 as Instrument # 200902631. The mortgage has been j assigned to: M &T BANK by assignment of Mortgage recorded on December 02, 2013 as Instrument # 201338214. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( 'Property ") 5. The mortgage is in default because the monthly payments are due and unpaid for September 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: PrincipalBalance ............................... ............................... ....................$227,966.64 Interest from 08/01/2013 through 01/23/2014 at 5.1250°/x . ......................$5,572.25 Per Diem interest rate at $32.01 Late Charges $26728 i Escrow................................................... ............................... ........................ $281.50 ProRata PMI ......................................... ............................... ........................$323.14 PropertyInspection ................................ ............................... .........................$14.00 Reasonable Attorney's Fee .............:.... ............................... ............ ..........$1,650.00 $236,074.81 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. i 8. Plaintiff is not seeking a judgment of personal liability (or an " personam 'judgment) against the i Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. i i i 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B ". The Defendants 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 Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $236,074.81, together with interest at the rate of $32.01, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: KML LAW G OUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 ?0 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION I Jason Sittniewski as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 3 / son ttniewski /Vice President i #128268FC : WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 i �(�i6it � ALL THAT CERTAIN tract of land situate in the Village of Lisburn, Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey dated September 3, 1958 by William E. Sees, Jr., as follows: _ BEGINNING at a point on the southerly line of Legislative Route 21014, said point being 16 -1/2 feet from the center of said Legislative Route at the easterly line of land now or late of Frank S. Yinger, Jr., et ux; thence along the southerly line of said highway South 79 degrees 56 minutes East, 60.34 feet to a point; thence still along same South 86 degrees 30 minutes East, 123.10 feet to a point at lands now or late of James D. Hearn; thence by the westerly line of said Heam land South 06 degrees 59 minutes West, 175.28 feet to a post at land now or late of Paul L. Cressman, Sr.; thence along said Cressman land North 84 degrees 29 minutes West, 201.55 feet to a point at lands now or late of Frank S. Yinger aforesaid; thence by the eastern line of Yinger land North 12 degrees 55 minutes 53 seconds East, 177.16 feet to a point, the place of BEGINNING. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 1612 Main Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Orvest L. Knudsen and Luann E. Knudsen, husband and wife, by deed dated March 5, 2007 and recorded March 8, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 279, Page 280, granted and conveyed unto Brian S. Carmines and Wendy M. Carmines, husband and wife, Mortgages herein. Eys.hibit *Exhibit has been redacted to remove all personally identifiable information or non-public information REPRESENTATION,] €NT 9207 1969 0043 7100 0217 0957 74 M M &T Bank P.O. Box 840 Buffalo, NY 14240 3- 750 - 72526 -0000016-001 -0 1 -000 -000 -000 -000 BRIAN S CARMINES 1612 MAIN ST MECHANICSBURG PA 17055 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 3 -750 -7 2526 -0000016-001 -02 -000.000. 000.000 APPENDIX A Date: November 8, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 4397 (Persons with impaired bearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCION 1NMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 3- 750- 72526 -0000016-001 -03 -000 -000 -000 -000 HOMEOWNER'S NAME(S): BRIAN S CARMINES PROPERTY ADDRESS: 1612 MAIN STREET MECHANICSBURG PA 17055 LOAN ACCT. NO.: _7145 ORIGINAL LENDER: M &T Bank CURRENT LENDER/SERVICER: M &T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING t R MORTGAGE TAP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and te numbers of designated consumer credit counseling agencies for the cou n1y in which the property located are set forth at the end o this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON A POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 3- 750 - 72526-0000076 -001 -04 -000 -000 -000 -000 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have riled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTAGAGE debt held by the above lender on your property located at: 1612 MAIN STREET MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September 1, 2013 through November 8, 2013 $5,390.82 Other charges (explain/itemize): $133.64 TOTAL AMOUNT PAST DUE: $5,524.46 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,524.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cash. cashier's_ check . certified check or money order made payable and sent to: M &T Bank P.O. Box 62182 Baltimore, MD 21.264 -2182 Attn: Payment Processing IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lende intends to exercise its rights t9— accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If ygu cure the default within the THIRTY (34)- DAY Period. ou will not he required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 3- 750 - 72526 -0000016 -001 -05 -000 -000 -000 -000 RIGHT TQ I c li THE DEFAULT PRIOR( TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may dQs-Q-by- ng the tota amount then paa$t due. Luu _ gnv ate tlo ier c ar e then due. reasonable attorney's fees and costs connected with the foreclosure sale and any- to her costs connected with the he ' ale as-5 pec� ied in writing b the lend and �y_ performing another requirements under the mo (gage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M &T Bank Address: P.O. Box 840 Buffalo, NY 14240 Phone Number: 1- 800 - 724 -1633 Fax Number: 1- 855- 678 -0866 Contact Person: Evelyn Wilson E -Mail Address: ewilson@mtb.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 3- 750- 72526 -0000016-001 -06 -000 -000 -000 -000 / l v i Foreclosure Mitigation Counseling !Ti - N 1A Hot151NG FINANCE AGENCY Initiative Agencies Agencias Participantes que Aconsejan en Mitigacion contra la Ejecucion de una Hipoteca NOTICE: If you are a resident of Philadelphia, you must choose one of the Save Your Home Philly counseling agencies to be afforded the most punctual access to the Philadelphia Disposition process. Most of PHFA's Foreclosure Mitigation Counseling Initiative network agencies are also in the Save Your Home Philly network. To see a list: http:// www. phila.gov /OHCD /csigagencies.htm Cumberland County Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 - 511 -2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717 - 232 -9757 Housing Alliance of York/Y Housing Resources 290 West Market Street York, PA 17401 717 - 855 -2752 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717 - 762 -3285 PathStone Corporation 1625 North Front St Harrisburg, PA 17102 717 -234 -6616 PathStone Corporation 450 Cleveland Ave Chambersburg, PA 17201 717 -264 -5913 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 PHFA 211 North Front Street Harrisburg, PA 17110 717- 780 -3940 800 - 342 -2397 NOTE: For more information, questions, or concerns regarding this list, contact PHFA at 1.800.822.1174. *Other locations available to serve you; inquire with agency for more information. INTERNET REPRINT REPRESENTATION ljQjp ft"MENT 9207 1969 0043 7100 0217 0957 81 M &T Bank P.O. Box 840 Buffalo, NY 14240 9 -750- 72526 -0000017 -001 -01 -000 -000 -000 -000 WENDY M CARMINES 1612 MAIN ST MECHANICSBURG PA 17055 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 9a 50a 252e- 0000017. 001 -02 -000 -000.000.000 APPENDIX A Date: November 8, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired bearing can call (717) 780 -1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 9.750- 72526 -0000017 -001 -03 -000 -000 -000 -000 HOMEOWNER'S NAME(S): WENDY M CARMINES PROPERTY ADDRESS: 1612 MAIN STREET MECHANICSBURG PA 17055 LOAN ACCT. NO.: _7145 ORIGINAL LENDER: M &T Bank CURRENT LENDER/SERVICER: M &T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE Ili' T4 DATE THE PART OF THIS N T OTICE CALLED "HOW TO CURE OUR MORTGAGE DEFA T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The an mes, addresses and telephone numbers of designated consumer credit counsel agencies �r the county in which the property is Gated are set forth it end -f this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application. MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 9- 750 - 72526- 0000017 -001 -04 -000 -000 -000 -000 YOU HAVE THE RIGHT TO FILE A- HEMAP APPLICATION EVEN BEYOND THESE TIME j PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. I NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTAGAGE debt held by the above lender on your property located at: 1612 MAIN STREET MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September 1, 2013 through November 8, 2013 $5,390.82 Other charges (explain/itemize): $133.64 TOTAL AMOUNT PAST DUE: $5,524.46 I HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,524.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: M &T Bank P.O. Box 62182 Baltimore, MD 21264 -2182 Attn: Payment Processing IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. i IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30 - DAY Period. you will not be required to pay attorney's fees. I OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 9a60a2526-0000017. 001.05 -000 -000 -000-000 RIGHT T O CURE THE DEFAULT PRIOR T O SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do by_ paying the tota amount the past ue }1u _ ay ate -0y other charge then ue reasonable attorney's fees and costs connected with the foreclosure sale and another costs connected with the Sheriffs Sale aLspecified in writing the lender and by- performin an to her requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M &T Bank Address: P.O. Box 840 Buffalo, NY 14240 Phone Number: 1- 800 - 724 -1633 Fax Number: 1- 855- 678 -0866 Contact Person: Evelyn Wilson E -Mail Address: ewilson .mtb.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. INTERNET REPRINT f REPRESENTATION OF PRINTED DOCUMENT 0. 750.72526 -0000017 -001 -06 -000 -000 -000 -000 � °�' � r N P HF Foreclosure Mitigation Counseling PENNSYLVANIA HOUSING FINANCE AGENCY. I nitiative Agencies Agencias Participantes que Aconsejan en Mitigaci6n contra la Ejecuci6n de una Hipoteca NOTICE: If you are a resident of Philadelphia, you must choose one of the Save Your Home Philly counseling agencies to be afforded the most punctual access to the Philadelphia Disposition process. Most of PHFA's Foreclosure Mitigation Counseling Initiative network agencies are also in the Save Your Home Philly network. To see a list: http:// www. phila.gov /OHCD /csigagencies.htm Cumberland County Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 - 511 -2227 Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17104 717 - 232 -9757 Housing Alliance of York/Y Housing Resources 290 West Market Street York, PA 17401 717 - 855 -2752 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717 - 762 -3285 PathStone Corporation 1625 North Front St Harrisburg, PA 17102 , 717 - 234 -6616 PathStone Corporation 450 Cleveland Ave Chambersburg, PA 17201 717 -264 -5913 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 PHFA 211 North Front Street Harrisburg, PA 17110 717 - 780 -3940 800 - 342 -2397 NOTE: For more information, questions, or concerns regarding this list, contact PHFA at 1.800.822.1174. *Other locations available to serve you; inquire with agency for more information. INTERNET REPRINT i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M &T BANK .- . Plaintiff (� ) �y ; c `` ! vs.. Case No. ! a'/ lJ�p� , ct7 %, WENDY M. CARMINES BRIAN S. CARMINES Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 Conciliation Conference with the Court, which I must be filed with the Court within sixty (60) days of the service upon you of 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 complete a financial worksheet in the ! format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of 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. i I Respect lly submitted: ! I (Signature cTf Counsel for Plaintiff) i 2/19/2014 Date f I Cumberland County Residential Mortgage Foreclosure Diversion Program Financial 'Worksheet Bate Cumberland County Court of Common Pleas Docket #f BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: C1J'ST0MbVP'l11,iN'1A' 11'1' APP L CANT Borrower name(s): Property Address: City: State: Zits: Is the property for sale? Yes EJ — No Q Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No ❑ ,Mailing Address (if different): City: State: Zip: Phone Numbers: Rome: Office; Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in 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 Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No f l'f yes, provide riames, location of court, case numbe & attorney: Assets A mQuot Owed Value: Home: $ $ Other heal Estate: $ $ Retirement Funds: S S Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile 91: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation automobiles boats motoro cles • Model: Year: Amount owed: Value Monthly Income Name of Employers: I. 2. 3. .Additional Income Description (not wages): I . . - - -. monthly amount; 2. monthly amount: Borrower Pay Days: —_- Co- Borrower Pay Days: Monthly Ext! oses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgam Food 2n Mort a o Utilities Car Pa ent s Condo/Nei . Fees Auto Insurance Med. not covered_ Auto fuel/repairs 1 Other proe. a meet Install: Loan Payment Cable TV Child Su rt/Alim. ._ _ S endin Mone Day /Child Care/Tuet. Other Expenses Amount Available for Monthly Mortgage Payments Based on Irfcorne & Expenses: Have you been working with a Housing Counseling Agency? Yes (l No ❑ If yes, please provide the following information: Counseling Agency: Coudselor. Phone.(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program . (l-IEMAP) assistance? Yes•(] No[] If yes, please indicate the status of the application. Have you had any prior negotiations with your lender or Ienderas loan servicing company to resolve your delinquency? Yes E] No Q If yes, please indicate the states of those negotiations: Please provide the foJlo %Abg information, if know, regarding your Iender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 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. Me understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the .following information to lender and lender's counsel: Y Proof of income Past 2 bank statements Proof of any expected income for the last 45 clays Y Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation . (hardship ;letter) Y Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff �: E F r �5 o i),",xo i H 0 + 1101 Ul i f Jody S Smith Chief Deputy . Z1 14 MAR -7 AM 10: 29 Richard W Stewart U. MBEINLA �) Solicitor PENNSYLVANIA M&T Bank Case Number vs. 2014-1012 Wendy Carmines (et al.) SHERIFF'S RETURN OF SERVICE 02/26/2014 07:38 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wendy Carmines at 1612 Main Street, Lower Allen, Mechanicsburg, PA 17055. DAWN KELL, DEPUTY 02/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brian S Carmines, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1612 Main Street, Lower Allen, Mechanicsburg, PA 17055. Per Wendy Carmines the defendant moved out nine months ago but still receives mail at the address provided, but she has no contact with the defendant and did not provide a good address for service. SHERIFF COST: $60.30 SO ANSWERS, February 28, 2014 RONY R ANDERSON, SHERIFF laIL Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff C. 11/1 Y- Atli OUHSERLAI!D COUNTYPENNSYLVANIA M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 14-1012 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a mortgage upon the premises 1612 Main Street, Mechanicsburg, PA, 17055, hereinafter, the "mortgaged premises". 2. Defendants, WENDY M. CARMINES and BRIAN S. CARMINES, are the mortgagors and real owners of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I Alyk Oflazian, Esquire hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant, Brian S. Carmines has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant, Brian S. Carmines to request his concurrence. 4. The last known address of Defendant, Brian S. Carmines, is 1612 Main Street, Mechanicsburg, PA 17055 from our investigative search. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, Brian S. Carmines. Service was attempted on Defendant, Brian S. Carmines at the mortgaged premises 1612 Main Street, Mechanicsburg, PA 17055. The return of service indicates per co-defendant, Wendy M. Carmines Defendant, Brian S. Carmines moved from said address nine months ago and does not have any contact with him, however mail still comes to said address for Defendant, Brian S. Carmines. No further information was provided. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Brian S. Carmines. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Brian S. Carmines, by posting the premises and certified and regular mail to the property address. GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 2Alyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff Affidavit of Good Faith Investigation At the request of the law firm identified below I initiated an investigation into the whereabouts of the defendant identified as the subject below. The following is true and accurate representation of my investigation. Client provided information: File Number: 128268FC Attorney/Law Firm: KML LAW GROUP, P.0 Subject Name: BRIAN S. CARMINES Property Address: Street: 1612 Main Street City: Mechanicsburg State: PA Zip: 17055 Skip Results: Date of Birth: Last Known Address (as of 3/12/2014) Street: 1612 Main St City: Mechanicsburg State: PA ProVest File Number: 3917084 Zip: 17055 5943 Death Record Search As of 03/12/2014, the Social Security Administration has no death record on file for Brian S Carmines. Social Security Number [X] Verifed [ ] Not Verified SSN Employment Search During a search for employment of our defendant no employment information was provided prior to the investigation or found during the Investigation. Business Records Search No business records found. Creditor Header Inquiry The latest address from the credit header info is: Address: 1612 MAIN ST, MECHANICSBURG, PA 17055 5943 Department of Motor Vehicle Records Search* Unable to obtain Motor Vehicle Records in the State of Pennsylvania. Drivers License Information Search 11 Govemmental'"'+ [X] Non-governmental No verifiable information. Professional Licenses Search No records found. Freedom Of Information Act Inquiry Made to U.S. Postal Service The following addresses were sent to the United States Postal inspector at the zip code listed with no return information to date: 1612 MAIN STREET 1 MECHANICSBURG I PAI 170551 CUMBERLAND COUNTY Military Search Not on Active Duty; Did not leave Active Duty within the past 367 days; Has not been notified of a future call up to Active Duty Inquiry of Relatives, Neighbors, & Friends 717-635-9804: Called possible relative, David Carmines, answering machine answered, no message left. 717-697-9118: Called possible neighbor, Marietta Egervary, number has been disconnected. Comments: 717-731-1042: Called number listed to defendant, Brian Carmines, number has been disconnected. * Data not available in AL, AR, CA, HI, NH, OR, PA, VA, WA. ** Historical data in CO, DE, ID, , IL, KY, LAMD, MA, MS, MO, NH, ND, SC, WV. + Data available in CO, CT, DE, FL, ID, IL, KY, LA, ME, MD, MA, MI, MN, MS, MO, NH, ND, OH, SC, TN, TX, WV, WI, WY. The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true. STATE OF FLORIDA COUNTY OF HILLSBOROUGH — MAR 13 2014 ianna Hemandez ProVest File Number: 39 _4 Sworn to or affirmed and signed before me on this day of Provest Services LLC JJ Date: 03 I 312 V 4 ) _ (Seal) .JOSHUA N. PIMENTEL Notary Public. State of Florida 4 2015 My Comm.No. EE 9 050 Personally Known ( ) Produced as identification Signature of 1 blic Printed Name of Notary Public Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor • SHERIFF'S OFFICE OF CUMBERLAND COUNTY c alti�l�, di CeI11.0tri 44 OFFICE QF THE FKERIPI M&T Bank vs. Wendy Carmines (et al.) Case Number 2014-1012 SHERIFF'S RETURN OF SERVICE 02/26/2014 07:38 PM.- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wendy Carmines at 1612 Main Street, Lower Allen, Mechanicsburg, PA 17055. DAWN KEEL-TD-EP-0TV 02/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brian S Carmines, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1612 Main Street, Lower Allen, Mechanicsburg, PA 17055. Per Wendy Carmines the defendant moved out nine months ago but still receives mail at the address provided, but she has no contact with the defendant and did not provide a good address for service. SHERIFF COST: $60.30 SO ANSWERS, February 28, 2014 • RONNY R ANDERSON, SHERIFF (c) CountySuite Shenlf, Teleosolt. In . KM1L Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203" vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 14-1012 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 Defendant, Brian S. Carmines, which the Sheriff has been unable to personally serve upon Defendant, Brian S. Carmines. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's 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 Defendant, Brian S. Carmines, by posting the premises and certified mail and regular mail to the property address. By: KML LAW G OUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 QAlyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 14-1012 CERTIFICATE OF SERVICE Marlene Powers, an employee of KML Law Group, P.C., counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendants, Wendy M. Carmines and Brian S. Carmines this 9� day of May 2014, by first class mail, postage prepaid. WENDY M. CARMINES 1612 Main Street Mechanicsburg, PA 17055 BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 By: KML Law Group, P.C. Marlene Powers, Legal Secretary Direct Phone: 215-825-6340 M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 AND NOW, this e. ORDER IN THE COURT OF COMMON PLEAS c-7 OF Cumberland COLT f =-' ' ...x- -r- -< .,._ 14-1012 .rc _ r-, rraCO day of /".4'1 2014, 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 Defendant, Brian S. Carmines, have 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 Defendant, Brian S. Carmines, by posting a copy of the Complaint upon the premises 1612 Main Street, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 1612 Main Street, Mechanicsburg, PA, 17055, 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 Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Brian S. Carmines, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: i::: Djostribution list: ...../Michael T. McKeever, Esquire, Suite 5000 — : NY Independence Center, 701 Market Street, rgadelphia, PA 19106-1532 AN S. CARMINES, 1612 Main Street Mechanicsburg, PA 17055 C4 t'CR Pal 1 KML Law Group, P.C. SUITE 5000 — BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-1012 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: KML LA GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Joshua I. Goldman Pa. 205047 Jennifer Lynn Frechie Pa. ID 316160 b' Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff 29 pN 17 I, .11 L Nit) r nri tt N,t1 f •j. M&T BANK One Fountain Plaza Buffalo, NY 14203 VS. WENDY M. CARMINES and BRIAN S. CARMINES Mortgagor(s) 1612 Main Street Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CERTIFICATE OF SERVICE The undersigned, on behalf of Plaintiff, hereby certifies that on CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-1012 ly he did serve upon Defendant BRIAN S. CARMINES a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated May 8th 2014. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. By: Respectfully submitted, KML Law Group, P.C. Nick Barone, Legal Assistant NBarone@kmllawgroup.com 215-825-6365 (Direct Phone) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,440(tbet/4/14, "7) OF THE r :'.glEt MAY 28 PH 2:55 OUME3ERLAND COUNTY PENNSYLVANIA M&T Bank vs. Wendy Carmines (et al.) Case Number 2014-1012 SHERIFF'S RETURN OF SERVICE 05/20/2014 11:54 AM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Brian S Carmines, pursuant to Order of Court by "Posting" the premises located at 1612 Main Street, Lower Allen, Mechanicsburg, PA 17055 with a true and correct copy according to law. SHERIFF COST: $45.30 SO ANSWERS, May 21, 2014 Sher,ff, Tok.,:;soit Fnc. RONNY R ANDERSON, SHERIFF In the Court of Common Pleas of Cumberland County M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES (Mortgagor(s) and Record Owner(s)) 1612 Main Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) No. 14-1012 G _ Cn c-vvo—: l C PRAECIPE FOR JUDGMENT t d 75. "X-0 C=0, THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECTBTS`# �s OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THEVPQ.4E OF COLLECTING THE DEBT. -y= Enter the Judgment in favor of Plaintiff and against WENDY M. CARMINES and BRIAN S. CARMINES by default for want of an Answer. Assess damages as follows: Debt Interest from 6/27/2014 to Date of Sale per diem at $32.01. Total (Assessment of Damages attached) $241,004.35 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default 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. 2371 , By: �J. KML LAW GROUP, P. Michael McKeever Pa. ID 9 _Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 rL. 1 -the Attorne s for Plaintit . l0 313 1 AND NOW jIJ -au VJ , Judgment is entered in favor o BANK and against WENDY M. CARMINES and BRIAN S. CARMINES by de It for of a twer and da assessed in the sum of $241,004.35 as per the above certification. cum{ skko.S Q4 301 Pa Rule of Civil Procedure No. 236 — Revised M&T BANK One Fountain Plaza Buffalo, NY 14203 WENDY M. CARMINES BRIAN S. CARMINES (Mortgagors and Record Owner(s)) 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. Defendant(s) No. 14-1012 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. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Prothonotary By: If you have any questions concerning the above, please contact: KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 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. TO: WENDY M. CARMINES CARMINES, WENDY M. 1612 Main Street Mechanicsburg, PA 17055 M&T BANK One Fountain Plaza Buffalo, NY 14203 Plaintiff vs. WENDY M. CARMINES BRIAN S. CARMINES (Mortgagors and Record Owners) 1612 Main Street Mechanicsburg, PA 17055 Defendants TO: WENDY M. CARMINES 1612 Main Street Mechanicsburg, PA 17055 DATE OF THIS NOTICE: June 13, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14-1012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE LLE T• P' •VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL, SERVICESTO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LAW GROL3P, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 — /Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff 128268 FC 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. TO: BRIAN S. CARMINES CARMINES, BRIAN S. 1612 Main Street Mechanicsburg, PA 17055 M&T BANK One Fountain Plaza Buffalo, NY 14203 Plaintiff vs. WENDY M. CARMINES BRIAN S. CARMINES (Mortgagors and Record Owners) 1612 Main Street Mechanicsburg, PA 17055 Defendants TO: BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 DATE OF THIS NOTICE: June 13, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure. No. 14-1012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABS TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFEFR_LEGAL_SERVICESSO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LA%ROUP, P.C. Michae McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK Plaintiff vs. WENDY M. CARMINES BRIAN S. CARMINES Defendant(s) NO. 14-1012 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): WENDY M. CARMINES, has a last known residence of 1612 Main Street, Mechanicsburg, PA 17055. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date By: .../et / • // KML LAW GROUP, P.C. Michael McKeever Pa. ID 561 9 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff • Department of Defense Manpower Data Center Results as of : Jun -26-2014 06:22:12 AM SCRA 3.0 Status Report Pursuant to Servieemembers Civil Relief Act Last Name: CARMINES First Name: WENDY Middle Name: M. Active Duty Status As Of: Jun -26-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA • No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA . No NA This response reflects whether the individual or higher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. v�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ' The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members mustbe assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: KAI IZEBDE080510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK Plaintiff vs. WENDY M. CARMINES BRIAN S. CARMINES Defendant(s) NO. 14-1012 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): BRIAN S. CARMINES, has a last known residence of 1612 Main Street, Mechanicsburg, PA 17055. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date �'1 By: h KML LAW GROUP, P.C. Michael McKeever Pa. ID 5 2 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Jun -26-2014 06:20:17 AM SCRA 3.0 Status Report Pursuant to ,Servicernernbers Civil Relief Act Last Name: CARMINES First Name: BRIAN Middle Name: S. Active Duty Status As Of: Jun -26-2014 On Active Duty On Active Duty Status Date- Active Duty Start Date Active Duty End Date Status Service Component NA NA - - - No _ NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA x • No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. vz. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 41*N-, The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: EAQEBEBDRO7FBBO KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES (Mortgagor(s) and Record owner(s)) 1612 Main Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 14-1012 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK, and against WENDY M. CARMINES and BRIAN S. CARMINES for failure to file an Answer in the above action within (20) days from the date of service of the Complaint, in the sum of $241,004.35. By:��,/• e147 KML LAW GROUP, P.C. Michael McKeever Pa. ID ''.1 9 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382AttoSr x SrVA,t.s for �nFitiff 1 1103iS (7 I hereby certify that the above names are correct and that the precise residence fildress of the judgment creditor is M&T BANK One Fountain Plaza Buffalo, NY 14203 and that the name(s) and last known address(es) of the Defendant(s) is/are WENDY M. CARMINES, 1612 Main Street Mechanicsburg, PA 17055 and BRIAN S. CARMINES, 1612 Main Street Mechanicsburg, PA 17055; By: KML LAW GROUP, P.C. Michael McKeever Pa. ID Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff � � �� �. r71a 7 P ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $227,966.64 Interest from 08/01/2013 through $10,501.79 06/26/2014 Reasonable Attorney's Fee $1,650.00 Late Charges $267.28 Escrow $281.50 Pro Rata PMI $323.14 Property Inspection $14.00 AND NOW, this 14-1012/128268FC By: $241,004.35 KML LAW GROUP, P.C. Michael McKeever Pa. ID ''.1 9 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff x S 8‘ 11/1) {" Ort: Ft`ll l0 313117 day of Vitt , 2014 dgnages are assessed ft above. Pro,Proth f PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES Mortgagor(s) and Record Owner(s) 1612 Main Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) i IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 14-1012 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 6/27/2014 to Date of Sale per diem at $32.01 (Costs to be added) sDd a Lfioco Cra LIS v < < �1 1D.3,7S`� [ l� �sr /(5t;9f' has By: $241,004.35 --4 C- rL CD W KML LAW GROUP, P.C. Michael McKeever Pa. ID 561 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Dye. dm Attorneys for Plaintiff (r, 31388 LL K Saa�.t ivare. "R l '7 Eg ?ova qi pa -suec - 04- 7 &ei o 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1612 Main Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: co'a(fl c q KML LAW GROUP, P.C. Michael McKeever Pa. ID 56 ► 9 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff X ScamxJ-orL, C' -- P 313&17 KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES Mortgagor(s) and Record Owner(s) 1612 Main Street Mechanicsburg, PA 17055 Plaintiff Defendant(s 204 JUN 30 ANIS C!� BERL AND CO 14-1012 I IA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 14-1012 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: CARMINES, WENDY M. WENDY M. CARMINES 1612 Main Street Mechanicsburg, PA 17055 Your house at 1612 Main Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 03, 2014, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $241,004.35 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. 2. You may be able to stop the sale by 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. 14-1012 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 14-1012 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package., Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 128268FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES Mortgagor(s) and Record Owner(s) 1612 Main Street Mechanicsburg, PA 17055 Plaintiff Defendant(s OF 7�E`t f"© /1r e?014JUN JU �Q��-lft'}' �� lir 1 6 CUMBERLAND CO t, •,cl 1.4 14-1012 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE _. FORECLOSURE Docket No. 14-1012 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: CARMINES, BRIAN S. BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 Your house at 1612 Main Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 03, 2014, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $241,004.35 obtained by M&T BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311. 2. You may be able to stop the sale by 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. 14-1012 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. S. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 14-1012 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 128268FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net M&T BANK Vs. WENDY M. CARMINES BRIAN S. CARMINES WRIT OF EXECUTION NO 14-1012 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal 4nd real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $241,004.35 •L.L.: $.50 Interest FROM 6/27/2014 TO DATE OF SALE PER DIEM AT $32.01 Atty's Comm: Atty Paid: $266.10 Plaintiff Paid: Date: 6/30/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, P othonotary By: Deputy REQUESTING PARTY: Name: SALVATORE FILLIPPELLO, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 - Supreme Court ID No. 313897 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff OF THE PR©THONO 1014 JUL 25 U TARYE CUMBERLAND PENNS YLVA,ANr Y M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 14-1012 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a mortgage upon the premises 1612 Main Street, Mechanicsburg, PA, 17055, hereinafter, the "mortgaged premises". 2. Defendants, WENDY M. CARMINES and BRIAN S. CARMINES, are the mortgagors and real owners of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, Alyk Oflazian, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request her concurrence. 4. The last known address of Defendant, Wendy M. Carmines, is 1612 Main Street, Mechanicsburg, PA 17055 from our investigative search. 5. The Sheriff has been unable to effect service of the Notice of Sale upon Defendant, Wendy M. Carmines. Service was attempted on Defendant, Wendy M. Carmines at the mortgaged premises 1612 Main Street, Mechanicsburg, PA 17055. The property is vacant. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Wendy M. Carmines. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Notice of Sale upon Defendant, Wendy M. Carmines, by posting the premises and certified and regular mail to the property address. By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 ,4lyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff Affidavit of Good Faith Investigation At the request of the law firm identified below I initiated an investigation into the whereabouts of the defendant identified as the subject below. The following is true and accurate representation of my investigation. Client provided information: File Number: 128268FC Attorney/Law Firm: KML LAW GROUP, P.C. Subject Name: WENDY M. CARMINES Property Address: Street: 1612 Main Street City: Mechanicsburg State: PA Zip: 17055 Skip Results: Date of Birth: Last Known Address (as of 7/17/2014) Street: 1612 Main St City: Mechanicsburg State: PA ProVest File Number: 4038626 Zip: 17055 5943 Death Record Search As of 07/17/2014, the Social Security Administration has no death record on file for Wendy M Carmines. Social Security Number [X] Verifed [ ] Not Verified SSN# XXX -XX-.. Employment Search During a search for employment of our defendant no employment information was provided prior to the investigation or found during the Investigation. Business Records Search No business records found. Creditor Header Inquiry The latest address from the credit header info is: Address: 1612 MAIN ST, MECHANICSBURG, PA 17055 5943 Department of Motor Vehicle Records Search* Unable to obtain Motor Vehicle Records in the State of Pennsylvania. Drivers License Information Search ElGovernmental"+ Non-govemmental No records found. Professional Licenses Search No records found. Freedom Of Information Act Inquiry Made to U.S. Postal Service The following addresses were sent to the United States Postal inspector at the zip code listed with no return information to date: 1612 MAIN STREET I MECHANICSBURG I PA 1 170551 CUMBERLAND COUNTY Military Search Not on Active Duty; Did not leave Active Duty within the past 367 days; Has not been notified of a future call up to Active Duty Inquiry of Relatives, Neighbors, & Friends 717-731-1042: Called possible relative, Sandra McDade, number has been disconnected. 717-695-3966: Called possible relative, Sarita Carmines, answering machine answered, no message left. Comments: 717-731-1042: Called number listed to defendant, Wendy Carmines, number has been disconnected. A search of Federal Bureau of Prisons resulted in no records for our defendant. A search of Pennsylvania Department of Corrections resulted in no records for our defendant. Our defendant was not found to be currently incarcerated searching Pennsylvania County Jails. A search of Philadelphia Prison Systems resulted in no records for our defendant. • Data not available in AL, AR, CA, HI, NH, OR, PA, VA, WA. " Historical data in CO, DE, ID, IL, KY, LA, MD, MA, MS, MO, NH, ND, SC, WV. + Data available in CO, CT, DE, FL, ID, IL, KY, LA, ME, MD, MA, MI, MN, MS, MO, NH, ND, OH, SC, TN, TX, WV, WI, WY. The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true. yCf;k4.1i1.4. ��1� R �n �� CTATEOON OF FLORIDA JUL 7 2014 / ANCI , ` COUNTY OF HILLSBOROUGH Gonna Hemandez ProVest File Number: 626 Sworn to or affirmed and signed before me on this _ day of Provest Services LLC(Seal) Date: in \� JOSHUA N. PIME Notary Public, StaWires te F42015 My No. EE 97050 Personally Known ( ) Produced as identification Printed Name of Notary Public IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA M&T BANK; et seq. Plaintiff (Petitioner) V. WENDY M. CARMINES; et al. Defendant (Respondent) CASE and/or DOCKET No.: 14-1012 Sheriffs Sale Date: 12/3/2014 AFFIDAVIT OF NON -SERVICE ❑ Complaint ❑ Summons Q Other: NOTICE OF SALE I, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve WENDY M. CARMINES the above process on the 9 day of July, 2014, at 5:40 o'clock, PM, at 1612 Main Street Mechanicsburg, PA 17055 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: ❑ Moved ❑ Unknown ❑ No Answer ['Vacant D Other: PROPERTY IS VACANT, ELECTRIC OFF, PROPERTY IS OVERGROWN. Service was attempted on the following dates/times: 1) Commonwealth/State of. f" 2) 3) ) SS: County Of 191:141 Before me, the undersigned notary public, this day, personally, appeared duly sworn according to law, deposes the following: c.,,« c 14:4 to me known, who being I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Non -Service are true and correct. /4. -1" c4* --- Subscribed and sworn to before (Signature of Affiant) this /o day of File Number:128268FC Case ID #:4028388 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Eric M. Afflerbach, Notary Public Washington Township, Berks County My Commission Expires November 18, 201 7 XML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203" vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 14-1012 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Notice of Sheriff s Sale against Defendant, Wendy M. Carmines, which the Sheriff has been unable to personally serve upon Defendant, Wendy M. Carmines. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's 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 Notice of Sheriffs Sale upon Defendant, Wendy M. Carmines, by posting the premises and certified mail and regular mail to the property address. By: KML LAW GI UP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 ,CA lyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff XML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 14-1012 CERTIFICATE OF SERVICE Marlene Powers, an employee of KML Law Group, P.C., counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendants, Wendy M. Carmines and Brian S. Carmines this L1 day of July 2014, by first class mail, postage prepaid. WENDY M. CARMINES 1612 Main Street Mechanicsburg, PA 17055 BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 By: KML Law Group, P.C. Marlene Powers, Legal Secretary Direct Phone: 215-825-6340 t• 1 M&T BANK One Fountain Plaza Buffalo, NY 14203 VS. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNY--' rn •A"."' CA) 14-1012 r 2 ... A co AND NOW, this 30 ' day of 2014, 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 Defendant, Wendy M. Carmines, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff's Sale upon Defendant, Wendy M. Carmines, by posting a -copy of the Notice upon the premises 1612 Main Street, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 1612 Main Street, Mechanicsburg, PA, 17055, 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 Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Wendy M. Carmines, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: Distribution list: ‘/Michael T. McKeever, Esquire, Suite 5000 — B ► Y Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 WENDY M. CARMINES, 1612 Main Street Mechanicsburg, PA 17055 ntat ig H KML LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff , f £: t -t 128268FC CF: 02/21/2014 SD: 12/03/2014 $241,004.35 M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES Mortgagor(s) and Record Owner(s) 1612 Main Street Mechanicsburg, PA 17055 ..) Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 14-1012 Andrew Hauck, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (X) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ) Certified mail by KML Law Group, P.C. (copy of green Postal return receipt attached). ) Certified mail by Sheriffs Office. ) Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ) Certified Mail & ordinary mail by KML Law Group, P.C. (copy of receipt(s) for Certified Mail attached). ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respectfully submitted, BY: Andrew Hauck Legal Assistant I •I M&T BANK One Fountain Plaza. Buffalo, NY 14203 vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON lni,EA :: C —I OF Cumberland CiirY r L ^� '� f-1 cnr I �C::' rz 03 --+.p S -z'1 14-1012 y�.� r) pr- . -( r- --1 — ?; , CI ORDER AND NOW, this day of 2014, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430( and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Brian S. Carmines, have 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 Defendant, Brian S. Carmines, by posting a copy of the Complaint upon the premises 1612 Main Street, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 1612 Main Street, Mechanicsburg, PA, 17055, 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 Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Brian S. Carmines, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: Distribution list: Michael T. McKeever, Esquire, Suite 5000 — BNY Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 BRIAN S. CARMINES, 1612 Main Street Mechanicsburg, PA 17055 M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES and BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY c7 ry o -a rrC c m 14-1012 �� vim; a. Ps) "4: CFI AND NOW, this 3G'��L Jilt of 2014, 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 Defendant, Wendy M. Carmines, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriffs Sale upon Defendant, Wendy M. Carmines, by posting a.copy of the Notice upon the premises 1612 Main Street, Mechanicsburg, PA, 17055, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 1612 Main Street, Mechanicsburg, PA, 17055, 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 Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Wendy M. Carmines, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: Distribution list: Michael T. McKeever, Esquire, Suite 5000 — BNY Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 WENDY M. CARMINES, 1612 Main Street Mechanicsburg, PA 17055 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA M&T BANK; et seq. Plaintiff (Petitioner) V. WENDY M. CARMINES; et al. Defendant (Respondent) CASE and/or DOCKET No.: 14-1012 Sheriffs Sale Datc: 12/3/2014 AFFIDAVIT OF SERVICE ❑ Complaint 11 Summons 0 Other: NOTICE OF SALE 1, KEVEN CHASE, certify that I am eighteen years of age or older and that 1 am not a party to the action nor an employee nor relative of a party , and that I served WENDY M. CARMINES the above process on the 9 day of September, 2014, at 1:30 o'clock, PM, at 1612 Main Street Mechanicsburg, PA 17055 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: ❑d By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/tunes: 1) 2) 3) Commonwealth/State of t a ) ) SS: County of Beele! ) Before me, the undersigned notary public, this day, personally, appeared duly sworn according to law, deposes the following: 1 hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) File Number:128268FC Subscribed and sworn this 11 day of to me known, who being Casc 1D 4:4089618 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Eric M. Afflorbach, Notary Public VVashindton Township, Berks County My Cumr1ilssl1n Expires November /8, 20 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA M&T BANK; et seq. Plaintiff (Petitioner) V. WENDY M. CARMINES; et al. Defendant (Respondent) CASE and/or DOCKET No.: 14-1012 Sheriff's Sale Date: 12/3/2014 AFFIDAVIT OF SERVICE ❑ Complaint ❑ Summons 0 Other: NOTICE OF SALE I, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I served BRIAN S. CARMINES the above process on the 9 day of duly, 2014, at 5:40 o'clock, PM, at 1612 Main Street Mechanicsburg, PA 17055 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: 2) 3) Commonwealth/State of 174 ) ) SS: County of 12.0,10/ ) Before me, the undersigned notary public, this day, personally, appeared duly sworn according to law, deposes the following: �LCv4. oh<f� I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. /4.- ref -- to me known, who being Subscribed and sworn to before me (Signature of Affiant) this AV day of File Nurriber:128268FC Case ID#:4028388 ary Public COMMONWEALTH OF PENNSYLVANIANot NOTARIAL SEAL Eric M. Afflerbach, Notary Public Washington Township, Berks County My Comrnirsion Expires November 7 S, 2017 Name and Address of Sender :ML LAW GROUP, P.C. iLlITE 5000 '01 MARKET STREET 'HILADELPHIA, PA 9106-1532 Check type of mail or service; El Certified 0 Recorded Delivery (International) 0 COD El Registered El Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and .. Date of Receipt ' Article Number Addressee (Nam, Street, City, State, & ZIP Code) Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee SC Fee SH Fee RD Fee RR Fee 1. CARMINES, BRIAN S. 1612 Main Street Mechanicsburg, PA 17055 TENANTS/OCCUPANTS 161? Main Street.3t4i , ' , .:01.1 - . ., ,1 U.S. . .1, 7 . - ZIP r.: 02 0001391829JUL I POSTAGE>> ronTIMOVAMIONSIANIIIINSIMIllY 19106 11AI •,,==wwfm. PITNEY 60WES $ 2. DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 Mechanicsburg, PA 17055 „dommir 001.88° 07. 2014 3, 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. - -, . - • , \ • , • , , . ...,...r, . ' 6. .-,.:.• -‹' , ..fr ,,,,.' , 7. 8. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post ffi e Postmaster, Per (Name of receiving employee) See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, lnk, or Ball Point Pen 128268FC Cumberland County Sale Date: 12/03/2014 WENDY M. CARMINES & BRIAN S. CARMINES Name and Address of Sender CML LAW GROUP, P.C. >UITE 5000 '01 MARKET STREET HILADELPHIA, PA 9106-1532 Check type of mail or service; ❑ Certified ❑ Recorded Delivery (International) ❑ COD ❑ Registered ❑ Delivery Confirmation ❑ Return Receipt for Merchandise E Express Mail ❑ Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt g' v, i• • *: •G'1 .` F }� JFy''� _ U.S. T.. ( it:ti ZIP 19106 t+ . 0001391829 POSTAGE .�� ii PITNEY BOWES 2014. ���•� 'ice Article Number Addressee (Name, Street, City, State, & ZIP Code) Postage Fee • Handliner Charge $ SEP. 001.30° 10. 1.CARMINES, WENDY M. 1612 Main Street Mechanicsburg, PA 17055 2. 3. 4. 5. u .8)\\ 6. /I. ........ 0% �ZoO %. A161 8. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post O9ce Postmaster, Per (Name of rec ' ng ployee) ^ See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen 128268FC Cumberland County te: 12/03/2014 WENDY M. CARMINES & BRIAN S. CARMINES Print Your Documents 0 s USPS Manifest Mailing System Page 1 of 3 Page 1 • Mailer's Name & Address KML Law Group 701 Markel Street Suite 5000 Philadelphia. PA 19106 Permit Number 123 MAC Ver. Number ConnectShip Progistics 6.5 Sequence Number 2507-2 Class of Mail Mixed Article #/ Piece ID Addressee Name Delivery Address ES Type Postage ES Fee Insurance Amount Due/ Sender Total Charge 9171999991703513217261 9171999991703513217278 9171999991703513217285 9171999991703513217292 9171999991703513217308 9171989991703513217315 8171999991703513217322 9171999991703513217339 9171999991703513217346 9171999991703513217353 9171999991703513217360 9171999991703513217377 HINCKLEY, JESSE E. 1918 Crest Dr. 'Coatesville. PA 19320 0.480 ERR 1.35 3.30 BOHOROUEZ, JORGE 0.480 8919 84th St. ERR 1,35 Woodhaven. NY 11421 C 3.30 SEIBER. CHAD D. 0.480 63 Crooked Drive ERR 1.35 Enola, PA 17025 c 3.30 CARMINES. WENDY M. 0.480 1812 Main Street ERR 1.35 Mechanicsburg, PA 17055 C 3.30 /. re'• (:11 KELLER, DONALD R. 0480 Y f 1 t 326 Locust Street ERR 1.35 Wrightsville, PA 17368 C 3.30 . i . i ! '., KELLER, DONALD R. 0.480 ,. 78 Lancaster Est. ERR 1.35 Mount Joy, PA 17552 0 3.30 .. ''...,•.: ..1-:•,^ SHUE. PATRICK A. 0,480 405 South Second Street ERR 1.35 Wrightsville. PA 17368 C 3.30 SHUE, PATRICK A. 0.480 50 5 516 St. ERR 1.35 Wrightsville, PA 17368 C 3.30 KELLERMAN, ROBERT 0.480 132 Sycamore Lane Ma 889 Sycamore Court ERR 1.35 Long Pond. PA 18334 0 3.30 KELLERMAN, ROBERT 0.480 PO Box 3395 ERR 1.35 Long Pond. PA 18334 0 3.30 KELLERMAN. ROBERT 0,480 PO Box 771 ERR 1,35 Pocono Summit. PA 18346 0 3.30 VASSER, CHERYL 0.480 306 Kennedy Avenue ERR 1.35 Pittsburgh. PA 15214 C 3.30 5.13 5.13 5.13 5.13 5.13 5.13 5.13 5.13 5.13 5.13 5.13 5.13 Page Totals Cumulative Totals 12 12 http://pbpdsendsuite%2Olive/projects/image.aspx?pd=1 5.76 5.76 55.80 55.80 61.56 61.56 9/10/2014 Print Your Documents Wo3 USPS Manifest Mailing System Page 1 of 3 Page 1 Mailer's Name & Address KML Law Group 701 Market Street Suite 5000 Philadelphia, PA 19106 Permit Number 123 MAC Ver. Number ConnectShip Progistics 6.5 Sequence Number 2297-2 Class of Mail Mixed Article #/ Piece ID Addressee Name. Delivery Address ES Type Postage ES Fee Insurance Amount Due/ Total Sender Charge 9171999991703431177005 9171999991703431196518 9171999991703431196525 9171999991703431196532 9171999991703431196549. 9171999991703431196556 9171999991703431196563 9171999991703431195570 9171999991703431196587 9171999991703431196594 9171999991703431196600 9171999991703431196617 AIS ATTORNEY GENERAL'S OFFICE (US DOJ) 950 Pennsylvania Avenue; NW ERR Washington, OC 20530 C LAWSON AKA SUSAN FLINCHBAUGH, SUSAN 128 Windsor Road aka 979 Windsor Road ERR Warminster, PA 18974 C HARKLESS, JAMES F. 900 Mauri Avenue Croydon. PA 19021 FIGUEREO, JUSTO 9331 Edmund Street Philadelphia, PA 19114 ALVERIO, DAVID 104 Emily Drive Sumter, SC 29150 'LAWSON, CHRISTOPHER T. 128 Windsor Road.aka 979 Windsor Road Warminster. PA 18974 CARMINES, BRIAN S. 1612 Main Street Mechanicsburg, PA 17055 DEL VALLE. LARITZA 9331 Edmund Street Philadelphia, PA 19114 DEANS, JONEL 946 Kenwyn St. Philadelphia, PA 19124 HARKLESS, JOAN H. 900 Mauri Avenue Croydon. PA 19021 CARMINES. WENDY`M. 1612 Main Street Mechanicsburg, PA 17055 SEGARRA, CIELO .2084 28th Street Astoria, NY 11105 0.480' 0.460. 1.35 3.30 1.35 3.30 0.480 ERR 1.35 C 3.30 0.480 ERR 1,35 C 3.30 5.13 5.13 5.13 5.13 0.480 ' "' ar.w �� , 5.13 ERR 1.35 C 3.30 0.480 r� ' % 's _1 5.13 ERR 1.35 C 3.30 0.480 5.13 ERR 1.35 C 3.30. 0.480 5.13 ERR 1.35 C 3.30 0.480 5.13 ERR 1.35 C 3.30 0.480 5.13 ERR 1.35 C 3.30 0.480 5.13 ERR 1.35 C 3.30 0.480 5.13 ERR 1.35 G' 3.30 Page Totals Cumulative Totals 12 5.76 55.80 61.56 12 5.76 55.80 61,56 http://pbpc/sendsuite%%201ive/projects/image.aspx?pd=1 7/7/2014 • • S. Print Your Documents USPS Manifest Mailing System Page 3 of 4 Page 3 Mailer's Name & Address KML Law Group 701 Markel Street Suite 5000 Philadelphia. PA 19106 Permit.Number 123 MAC Ver. Number ConnectShip Progistics 6.5 Sequence Number 2494-2 Article ill Piece ID Addressee Name Delivery Address ES ES Type .Postage Fee Class of Mail Mixed Insurance Amount Duel Sender Total Charge JONES, AIKIA OEIDRE RUTH JONES. DEIDRE R. 0.480 9171999991703513168402 C/O CHRISTOPHER BOKAS, ESQUIRE ERR 1.35 133-135 Long Lane'(VIA ECF) c 3.30 Upper Darby, PA 19082 natetN.rbIWtn+seerlHr.:.Vm.,4 4..vva ,Mawa,r, 0.480 9171999991703513168419 703 Springde8 Rd ERR 1.35 :King of Prussia. PA 19406 C 330 CROFT. AIM CROFT. JR., DAVID R., DAVID R. 0.480 9171999991703513168426 17521 York Road ERR 1,35 Hagerstown, MD 21740 C 3,30 PAULL. KATRINA E 0.480 9171999991703513168933 269 Chalfant Road ERR 1.35 Perryoplis, PA 15473 C 3.30 CARMINES, WENDYM. 0.480 9171999991703513168440 1612 Main Street ERR 1.35 Mechanicsburg. PA 17055 C 3.30 9171999991703 Norman Williams 0.480 7326 Kinglet Place ERR 1.35 Philadelphia. PA 19153 C 3.30 POTTER. RAHEEM S. 0,480 9171999991703513168464 1640 Lakeside Dr. ERR 1,35 Middletown, PA 17057 C 3.30 LEWIS. VALARIE 0.480 9171999991703513168471 6017 Roosevelt Boulevard ERR 1.35 Philadelphia. PA 19149 C 3.30 LEWIS, VALARIE 0.480 9171999991703513168488, 2349 Nicholas Street ERR 1,35 Philadelphia, PA 19121 C 3.30 5.13 5;13 5.13 5.13 5.13 5.13 5.13 5.13 5.13 Page Totals 9 4.32 41.85 46.17 Cumulative Totals 33 15.84 153.45 169.29 http://pbpc/sendsuite%2Olive/projects/image.aspx?pd=1 9/8/2014 KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. WENDY M. CARMINES BRIAN S. CARMINES Mortgagor(s) and Record Owner(s) 1612 Main Street Mechanicsburg, PA 17055 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn No. 14-1012 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1612 Main Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): WENDY M. CARMINES 1612 Main Street Mechanicsburg, PA 17055 BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: WENDY M. CARMINES 1612 Main Street Mechanicsburg, PA 17055 BRIAN S. CARMINES 1612 Main Street Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1612 Main Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 12, 2014 KML Law Group, P.C. BY: Andrew Hauck Legal Assistant