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Home My WebLink About05-3210 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTO.RNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF {JS--- .3.:2.10 ~ J~ IN THE COURT OF COMMON PLEAS M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW vs. ROBERT L. KULICK Mortgagor and Real Owner 4 Walnut Circle Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE CIVIL ACTIONrJM\OfllTGAGE FO~I:!CL~UF!f1i. Defiendant 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 tiling 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 Y oumay 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SD PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. . USTED DEBE LLEVAR ESTE PAPELA SU ABOGADO ENSEGUlDA. SI USTEDNO TIENE UN ABOOADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA PUEDE PROVE ERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 ORA TIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE A TTEMPTINGTO 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 tiled an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOS URE. I). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov(otD~e:VjJ-,'ill!2.l11/ecQn/e.fQ!lrrin for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender and ask to speak to someone about Loss Mitigation or Home Retention options. 5). 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 Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. 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 Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number ofMT-0774. Para informacion en espanol puede communi carse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORP., PO Box 840, Butlalo, NY 14240-0840. 2. The name and address of the Defendant is ROBERT L. KULICK, 9 West Main Street, Shiremanstown, PA 17011, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On July 27, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to M&T MORTGAGE CORP., which mortgage is recorded in the Office ofthe Recorder of Deeds of Cumberland County as Book 1875, Page 0999.. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure I 019(g) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings ifthose 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", 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due February 01,2005, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 0110112005 through 06/30/2005 at 5.8000% Per Diem interest rate at $15.95 Reasonable Attorney's Fee If the Mortgage is reinstated prior to a Sheriff s Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($5,017.66) in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Late Charges from 02/01/2005 to 06/30/2005 Monthly late charge amount at $42.44 Costs of suit and Title Search $100,353.27 $2,885.13 $1,250.00 $212.19 Corporate Advance Escrow Monthly Escrow amount $257.01 $900.00 $105,600.59 +$100.00 +$52.97 $105,753.56 7. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $105,753.56, together with interest at the rate of $15.95, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: VERIFICATION I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: h - 22--(/; Il/~ ~ Diana M. Robinson M&T MORTGAGE COMPANY Lawyers Title Insurance Corporation SCHEDULE C PROPERTY DESCRIPTION The land referred to in this POlicy is described as follows: ALL THAT CERTAIN tract of parcel of land wilh the buildings and improvements thereon erected, SITUATE in Lower Allen Townshfp, Cumberland County, Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of Walnut Circle, which point is 148.15 feet northwardly of the northeasterly corner of Walnut Lane and Wa!nut Circle, and at dividing line between Lot Nos. 44 and 45, Tract No.2, on the hereinafter mentioned Plan of Lots; thence along the easterfy line of Walnut Circle in an arc having a radius of 50 feet In a northwesterly direction, 37.52 feet to a point at dividing line between Lot Nos. 45 and 46, Tract No.2, on the said plan; thence along said dividing line in a northerly direction 149.91 feet to a point at a point at the southerly line of Lot No. 38 on said plan; thence along the southerly line of Lot Nos. 38 and 39 of said Plan in an easterly direction, 49.52 feet to a point al the westerly line of Lot No. 14 on said plan; thence along the westerly line of Lei Nos. 41,42 and 43 on said Plan in an southerly direction 125 feet to a point at dividing line between Lot Nos, 44 and 45 on said Plan; thence along said dividing fine in a southwesterly direction 124.83 feet to a point, the place of begin BEtNG LOT NO. 45, Tract No.2, on Plan of Lots known a.s Cumberland Park, which Plan \s recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6, Page 3. HAVING THEREON. erected a dwelling commonly known as 4 Wa\nul Circle. ALTAPoIicy SGlteduleC (KULlCKROB .PFDlKULICt<.ROBf30\ - - M&T M0I1gage Corp PO, 13ux 1288 Bltffalo, NY 14240-I:'S1-; mlM.lUMortgage Corporation ~So_......"'r.w~ 04/lli2005 Certified No.. 7] 82fiJ,,}306005973201 Rohert L Kulick 4 \V',llnUlCircle Camp Hill. PA 17Ull HOMEOWNERS NAME(S): Robert L Kul lck PROPERTY ADDRESS: 4 ~~lnut CIrcle C211lp HilT, PA 17011 LOAN AOCT NO: 0010412047 CURRENT LENOER/SERVICER: M&T Mortgage Corporation IIO;\lEOWNER'S EI\IERGE~CY MORTGAGE ASSISTANCE PROGR..\\1 ",ot: :VIA\" BE ELIGIBLE FOR FfJ'\A~C[AL ASSISTANCE WHICH CA~ SAVio: YOUR HOME FROM FORECLOSlIRE A\D HELP YOU I\.JAKE FUTURE MORTGAGE PA. YMENTS IF YOU CO:\IPLY 'VITH THE PROVISIONS OF THE HOMEOWNER'S EMF.RGENCY MORTGAGE '\SSIST ANCE ACT OF 1983 (Tilt<.: "ACT"), YOU MAYBE ELlGIBI"E FOR E:\'IERGl'.:i\CY MORTGAGE ASSIST,,!\,TE: IF YOUR DEFACLT liAS BEEN CAUSED BY CIHClJ:\1ST!\NCES BEYOND YOUR COI\'TROL, IF VOlll-IAVE A REASONABLE PROSPECT Ot" BEING ABLE TO PA. Y \'OUR MORTGAGE PAYMENTS, AND IF YOU :\1EET OTHER I<:LIGJBILlTY REQUIREME.VfS ESTABLISHED BY THE' PFN"lSYLVAKI.4. HOUSING H:\ANCF. AGENCY. IE\1PORARY S1 A Y OF rORIo:CLOSlIRE -- Under the Act. you ~re entitled to a temporary stay of tl)reCIOSllfc Oil yuur mortgage for thirty (3D) dOlYS from the date ofthi~ I\'oti<,;c OUTing: that Tlme you must arrange and ,mend a '.face-lO-tae"mceting with om: of the consumerel'edit eoutl:.c1ing OJgcncies listed at the end ofthi~ l\otice.I!:!..lli ."rEETlNG MLST OCCt:R WITH I !'\.. THE :\IF-XI (0) DA )is. rF YOU DO ]'\01 ,\PPLY FOR EMERGENCY MORTGAGE ASS1ST.<\NCF. VOU 1\-1fJST BRING YOUR MORTGACE UPTO DATE. THE PART OF THIS NOTICF CALLFD"HOWTO CURE YOUR MORTGAGE DEFAL'LT". EXPLMNS HOW TO BRING YOUR MORTGAGE UP TO DATE CO:"SLJ\IER CREDIT COUNSELING AGENCrF.S--lfyou meet with one of the eon~umer aedi[ counseling agency listed at the cnll of this nNice, [he lender lllay NOT take artian against YOll for thirty (30) days aflt:r tht: dalt: (lflhi~ meeting. The names addrcssl;:s and telenhlme numbers of dcsil!:nated ctlnsumt:r Gredit counseJinl! a['eneie~ for the count\! in whi<,;h tlle Dro[)crtv is loc:llcd arc set forth at the end of this Notice. Jt is only ne<,;essJry 10 :.chedule one face-lo-face meeting;. Advise your lender immediately of yout' intentions 1800724 l!iJJ Corre:>pondence . PO. Box 840. Buffalo, NY 14240-0840 Payment,;. PO. Box 62182, Baltimore, MD 21264-2182 MortgfJge aCC<Junl information, just a click awey. wwwmandlmortgagccorTI ... - APPLlCA nON FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the rc:asons SCI forth later in this Notice (see ["lllowing pages for specific infonmtion about the ]mtun; of your default.) If YJU hav~' tried and an~ unable 10 rcsolw this problem with the kntkr, YOll haY"': the right to apply for financial assi~Llncc from lhe UOllll;owm:-r's[ml.'lgcncy Mor1gagc Assistance Program. To do so, you must lill out, sign and [il,;:l completed Homcowner'sEmergency Assi.~tancc Program Application wilh one ofllle designated consumer credit counseling agencies listed at IlK cno oflhi:. J\oticc. Only conSUITIl:r credit counsding ~lgel1des hi.l\e Jpplici.lliolls r'H the pmgram and they will assist YOll in submitting a comple!,; application to the Pcnnsylvaniil Housing Finance Agelley Your ~rplic~rion \lUST be filed or postmllrkcd within fhirty (30) days of yom face-to~face meeting. YOl' 'lUST FILE YOUR !\PPLICATIO\" PROI\1PTL Y. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOI.I:<5"W'THE ()THF.ll. TIME PERIODS SET FORTH IN THIS U:rl'ER, ....On...:CLOSURE MAY PROCEED ,\GAI\lST YOUR HOME IM~IEDIA TELY AND YOUR APPLICATlON FOR ."IORTGAGE ASSISTAI"iCE \"ILl BE DENIED. ,\GENC\' ACTIO,"Il-- Available funds foremergeney Illurtgage ;lssistance are very limited They Will he dlsbllr~ed by the Agency under the eligibility eriteriil established by the ,\..:1. The Pennsylvania Housing finance A!,et\cy h.ls si.\ty (GO) days tu nuke:L Jl:cisiun ,Ifler it receives \'l.ollr ;Jpplicj(ion. [hiring rhat time, no fUfl:"c!'''II!~ jlluceedings will be pur,ued agJillst YllU if you have met the time requirements set fOlth above You w1l1 be lwtified directly b~ the PCIlnsyl...ania Il"using financt: Agency "fils llt."cisi,.n ,In Y"llr<.lrplieati'ln NOTE: IF YOU AHE CURRii:NTl\' PROTECnW BY Hm FlUNG OF A PETITION IN BANKRL1PTCY, THE FOLLOWING PART OF THIS NOTICE IS fOR INFOR.VJATION PLRPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you haw tiled bankruptcy )'OU can still apply for Emergency Mortgage Assistance.) HOW TO CL"RE YOUR MORTGAGE DEF AL1L T (Brill!? it un to datt'l. NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your prope;ny Ivented at: 4. Willnut Circle CiU'lp Hili, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU IrA V[ NOT MADE r.IORTlIl\GI; PA YMF.l\TS for the following month~ and the fol10wing amounts ilr.;: l\VW p..!~t due Regular payments Of $848. through tOOay's date: Other charges 93 for the months of 02/0t/2005 Accrued Late Charges' Accrued ather Charges $ $ $ $ :<546.79 59.20 29.00 2634.99 TOTAL AMOUNT PAST OUE: HOW TO ceRE TilE DEFAULT --You l11uy cure the dctllult within THIRTY (30) DA YS of the dale of this notice BY PAYI:"iG THE TOTAL Al\IOUNT Pi\ST OUE TO THB LENDER, WHICH IS S2634.1J9, I'lL'S ANY \10RTGAGE f'AY\1EKTS AND LATE CHARGES WHICH BECO:\1E DUE DURIKG THE THIRTY (30) DA Y PERIOD, Pavrnents must be made ci[her bv cash cashiel',chcek certified check ormonev order made pavable and sent 10 :vf&T :\1ortgage Corpora lion Olle Foulltain Plaza 17th Floor Altn: Payment Processing Buffalo, NY 14203 You can cure any other default bv takinll the rollowin~' action within THIRTY 130\ DA YS of the dale urlhls letter IF YOU DO :\OT CURE THE DEFAULT..lfyou donot cure the default WIthin THIRTY (30) DAYS Mlhe date l)f .hi, Nottee, the lender intends to exercise lis rights to ac\'e1el.ate the mo~tgage debt. This metillS rhat fhe entire uUlst<lnding h<llancc of this tlebt wilt be wnsidcrcd due immeuiately and you may lose the chance 10 pay the mortgage in monthly installments. IffuIl payment oFthe total amount past due is not made within THIRTY (0) DAYS. the lender also intcnds fO instruct its attorneys TO start kg..1 acrion to Foreclose upon \'QUI" mortgagt'd proper')' 18007241633 GorrespondellCB -P,O. Bo)( 840, Buffalo, NY 14240-0640 Payments - PO Box 62182. Bat1imore. MD 21264-2t82 MOftgage account informalion,jl..lst a click away. wwwm~md(mortgage.eom ""'" - IF THE MORTGAGE IS FORECLOSED UPON.. The mortgaged pruperty will be i>Old by the SherifTlO payoff the J11ol1gagc debt. If the lender refers your ca~c to its anome)'s, but you clIre the delinquency before the lender b..:~ins le!!:3.1 prol.:l:edin!,;s agJinSI :,lll. Y(ju will ~llll be required to pay lhe reasonable Jltorney'sfel:s that were aClu;:dly incurred, up to 55000. H,lwcvcr, iflcgal proceedings are sIafled against }"nu, you will have to pay all rcasonllbh: atlom(,:y'~ I"<.:;;s lu.:tually incurred by till; Icmkr even if they exceed 550.00. Any attorney's fees will be ..lIJd...d III the JITIOllnt YOll owe the lender, which m:lY also include other reasonable costs.rryan cure the default withIn Ihe THIRTY (30) DAY period, )'ou will not be required to pay Bttorney's fees. OTHER LENDER REMEDIES -. The lender may also sue you personally for the unpaid principal balanc\: and uH other StllllS due under th<.: mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- !fyou have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the right to cure the default <lntl pn:\'ent the sale al any time up 10 one hour before the Sherirr~Sale. You may do so by paying lhe total amount thell pasl due, plus :lIlY laIC 01 other charges then dllt:, re<l$onable attnrney's fees and cost::; connected with lhe forcclosure sale and any other costs connected \\'ith Ihe Shcriff'sSale as specified in writing by the lender ilnd by p<':110rnung any <.'thl" rey\lir....lllcnts ,lnder the mOl1gagc Curing your default in the manner set forth In this notice will restore your mortgage to thc samc position as if you had never defaulted. EARLIEST POSSrBLE SHERIFF'S SALE DATE -.!t is estimated that Ihe earliest dale that such a Sheriff'sSak ~fflhc morlgaged Jlfl)p~rry cnuld be held would he approximatcl:r 10 months from the date of lhls Notice. A notice ofrhe acnwl date of tile Sh..:riff'sSalc will be sent loyou before tile sale. Of course, the amount needed to cur, (he detJul! will increase tbe longer you ""'at!. You may tind out ar any tulle exactly \1,-'hat the required paylnent 01 OJClion ",.ill he hycontacting the lender UD,"\' TO CONTACT TilE LE:\lll<~R; ,"ame of Lender: M&T Mortgage Corporation ~l",O.BoxS40 Buffalo, NY 14240 Phone Number: (800) 724.1633 EFFECT OF SHERIFF'S SALE -- You should realize that a ShcriffsSalc will end your ownership of the 11l011gugl:0 property ;1111.1 your righllo uccupy it. Tfyou conlinue!o live in the properly aner the Sheriffs Sale, a la"suil (0 rcmovc you and your lilrnishings and other belongings could be started by the lender at any time ASSUMPTlON OF MORTGAGE -- You _ ma) or ~ may not sell or transfer your home to a buyer or transferee who will assumc the mortgage debt, provided lhill all the outstanding payment~, chargr;;~ anu attorney's fee\ ~nd cn~ts are paid prior to (\f 3t t!a' ~:lle and that the other reqUirements offhe mongage are satisfied ...'ov 1\1" \' ALSO HA VE THE RIGHT: TU 'iLLL TIlE PROPEKry TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE DEBT OR TO RORROW ~1ONEY FROM ANOTHER LeNDING INSTITUTION TO PAY OFF THIS DEBT. TO HA Vf< TIllS DEF,\LLT CURED BY ANY HIIRD PARTY ACTII\G 0"1\' YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITIOl'\ AS IF NO DEFAULT HAD OCCCRRED, IF YOU CURE THE DEF AUL T. (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 DEFALLT rN ANY FORECLOSURE PROCEEDIl\'G OR ANY OTHER L'I WSU1T INSTITUTED Ul',"OER THE l\IORTGAGE DOCUMENTS, TO !\SSCRT ,\NY UTIIER DEFEI\SE YOU BELIEVE YOL' MAY HAVE TO SCCHACTIOJ\ B'{ THE L[NDER ru SEEK PROW(:TION li/,\'DI::R THE I't.DERAL IlANKRUPTCY LAW Sint:l:re]y, ~"IY'"e...;'t. Russell M AlessiJr Collections :'v1anag.;r Ene Act 91 Notice Cunsumer Credit Cuunsding Agcncies Serving Your County 1 800 724 1633 Corresr>ondence - P.O. Box 840, Buffalo, NY 14240.0&40 Paymenrs, PO. Box 621B2, Baltimore. MD 21264.2182 Mortgage aceovnt information. just a c:Iir;k ~way. W'Nw.rnandlmortgagecom - - ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offici;!1 notic", th~t Th... mortl!:llet' on ,,'our home i~ In default and the lender intends to foreclose. SDeciflc information about the nature "(the default is "..added in the attafhed Dalles. The HOJ\.lEOWr'\,"ER'S MORTGAGE ASSIS.TANCE PROGRAM mEMAP) ma" be able to helD to save your home. This NolieI;' t'xDl3ins how the DrOl!ram ,,'orks. To set' if "['\-IAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAVS or THE nATE or THIS NOTICE. Take this Notice 'o\ilh you when \OU met" with the Counselint! Allene\', The nante. address and ohone number of Consumer Credit CounselintZ A2encies sen-in!! lOur Counn-' are listed at the end of this NOllce. Ifvou ha"e an,' oueUions. \'UU mal' call the PennS\'h'3nia Houslnl! Finance Apencv tllll [rLOe at ).80o-342.2397lPersons with imnaired hearinl1 C;lft c21117]7) 780.1869). This Notice contains important legal information. If you have any questions, reprelientatlvcs at the Consumer Credit Cuuns~ling Agenc)' nHI)' be able to help cxplain it. Vou ma)' also ","'ant to contact an attorney in your area. Thc 10c:1I bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE' SUMA IMPORT ANeJA, PUES AFEeT A SU DERECHO A CONTINUAR VJVIEl\'DO KN SU CASA. 81 NO COMPRENDE EL CONTENIDO DE EST A :\"OTlFICAClON ORTENGA UNA TRADUCCJOSINMEDlTAMENTE U.A\tANDO ESTA .4.GE.NCIA (PEN.'SVLV ANI A HOUSING FINA:\"CE AGENCY) SIN CARGOS AL i\'UMERO J\1ENCIONADO ARRmA. PUEDES St:R ELEGIBLE PAR.4- U;'I; PRESTAMO POR EI. PROf;RAMA LLAMAI>O "IIOMr.OWNER'S EMERGENCY J\lORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR Sll CASA DE LA PERDlO" DEL DF:RECHO A REDIJ\.1IR Sll HIPOT[CA. 1 800724 1633 C()rre~pond{!nce - p,O, BOlt 840, Buffalo, NY 1424Q.0840 Payments - P.O, Box 62182, Ballimore. MD 21264.2182 Mortgage aCGOUnl Infonnation.just a c1i(;/o; "way. W1Nwmanrjlmortgage com - ...." Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E Hig:') Street Gcttysbllrg, PA 17325 (717)334-151~ CCCS ot Weslern PA 2000 lingleslown Road I farrisburg, r A 17102 1-888-511-2227 COtnl1l1111l1y Action COInrnissionofC::lptial Region 1514 DetTY Street HalTisburg,PA ]7104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street H'lJTisburg, PI\ 17110 (717) 232-2207 :Vlaranatha 43 Philadelphia A venue Wilynesboro, PA 17268 (7]7) 762-3285 PHFA "2 I I \lort h he.nt Street Harrisburg, PA 17] 10 1-800-342-239) 1: ~ .J\ ~ --- ~ V-.~ -c;- 0 L.I V' v,\ Cl . \ \ V\ .,j ~ .J) \:::. "- ~ '" C~ c> ~ -n l- :::;:! (;':-: r';l~ ~:~ ":,";':"',-1, 8f^ ~j\/ V\ '0 ";1 ~-:: ~'-) ::;fn ;:;::"~.; ~:~l ~D 0') .< SHERIFF'S RETURN - REGULAR CASE NO: 2005-03210 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORP VS KULICK ROBERT L DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KULICK ROBERT L the DEFENDANT , at 1940:00 HOURS, on the 27th day of June , 2005 at 9 WEST MAIN STREET SHIREMANSTOWN, PA 17011 by handing to ROBERT KULICK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8.14 .00 10.00 .00 24.14 r~~/<~ R. Thomas Kline Sworn and Subscribed to before me this ::""- day of (f-p'J- cJ.U1J~ A.D. l ~,~,. . Q h" dO, ,,-' . ;.:;;:- P 0 honotary (7'7 06/28/2005 GOLDBECK MCCAFFERTY MCKEEVER By: fJ, ~~. Deputy She~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03210 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T MORTGAGE CORP VS KULICK ROBERT L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KULICK ROBERT L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KULICK ROBERT L 4 WALNUT CIRCLE CAMP HILL, PA 17011 4 WALNUT CIRCLE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.10 5.00 10.00 .00 44.10 County DBECK MCCAFFERTY MCKEEVER 06/28/2005 Sworn and subscribed to before day of (17 me this ji:5' .:lAmS A.D. (dJ:t~ . 0 lv"P/~JJ ~ Pro h notary . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County VS. ROBERT L. KULICK (Mortgagor(s) and Record owner(s)) 4 Walnut Circle Camp Hill, PA 17011 CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s) No.05-3210-CIVIL ORDER FOR JUDGMENT Please enter Judgment in favor ofM&T MORTGAGE CORP., and against ROBERT L. KULICK for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in t e urn of $1 06,51 .56. 1 hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last kuown address(es) of the Defendant(s) is/are ROBERT L. KULI 9 West Main S eet Shire nstown, PA 17011; KEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $100,353.27 Interest from 0 t/O 112005 through 07129/2005 $3,347.68 Reasonable Attorney's Fee $1,250.00 Late Charges $254.63 Costs of Suit and Title Search $900.00 Corporate Advance Escrow Monthly Escrow amount $ tOO.OO $52.97 $257.01 $106,515.56 AND NOW, this day of , 2005 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ROBERT L. about unknown years of age, that Defendant's KULICK, is last known residence is 9 West Main Street, Shiremanstown, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: r)L~1 V\ In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ROBERT L. KULICK (Mortgagor(s) and Record Owner(s)) 4 Walnut Circle Camp Hill, PA 17011 No.05-3210-CIVIL Defendant( s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against ROBERT L. KULICK by default for want of an Answer. Assess damages as follows: Debt $106,515.56 Interest - 01/01/2005 to 07/29/2005 Total (Assessment of Damages attached) 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 oc ed and at least te days p . or to e date of the filing of this praecipe. A copy of the notice is attached. RC.P. 237.1 ~ AND NOW , Judgment is entered in favor ofM&T MORTGAGE CORP. and against ROBERT L. KULICK by default for want of an Answer and damages assessed in the sum of $106,515.56 as per the above certification. Prothonotary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 Plaintiff No. 05- 321O-CIVIL vs. ROBERT L. KULICK (Mortgagors and Record Owner(s)) 4 Walnut Circle Camp Hill, P A 17011 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above~captioned matter has been entered against you. Curt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jf. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-0774 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 18, 2005 TO: ROBERT L. KULICK 9 West Main Street Shiremanstown, P A 17011 M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 In the Court of Cornmon Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW YS. ROBERT 1. KULICK (Mortgagor(s) and Record Owner(s)) 4 Walnut Circle Camp Hill,PA 17011 ACTION OF MORTGAGE FORECLOSURE Term No.05-3210-CIVIL Defendant(s) TO: ROBERT L. KULICK 9 West Main Street Shiremanstown, PA 1701 t lMPORT A NT NOTlCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH TIlE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WlTIIIN TEN (10) DAYS FROM TIIE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE TIIE OFFICE SET FORTIl BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIlIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES lNC 8 JrvmeRow Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOClA nON 2 Liberty Avenue Carlisle, PA 17013 ;fJIt~ GOLDBECK McCAFFERTY & M,KEEVER BY: Joseph A Goldbeck, k. Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 t MT-0774 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 18, 2005 TO: ROBERT L. KULICK 4 Walnut CircIe Camp Hill, PA 17011 M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cwnberland COIll1ty Plaintiff CIVIL ACTION - LAW vs. ROBERT L. KULICK (Mortgagor(s) and Record Owner(s)) 4 Walnut Circle Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Defendant{s} Term No.OS-3210-CIVIL TO: ROBERT L. KULICK 4 Walnut Circle Camp Hill,PA t7011 IMPORT ANT NOTICR 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 WSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABour AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 G B oseph A. Goldbed; Jr., &q. AttOlney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, FA 19106 215-627-1322 " ~ \. \ ~ ,-, C',~-:) LFl -0 1 '>:-= (..J .-,-, 0\\ .~,,+ - o' f'':' .....:.: (.J\ :r:>f\, - ~ ~ ~ ..j ~ \ \) w ,C o.l - "'" b Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jf. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. ROBERT L. KULICK (Mortgagor(s) and Record Owner(s)) 4 Walnut Circle Camp Hill, PA 17011 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No.05-3210-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORP., Plaintiff in the above action, by its attorney, Joseph A Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4 Walnut Circle Camp Hill, P A 170 II I.Name and address ofOwner(s) or Reputed Owner(s): ROBERT L. KULJCK 9 West Main Street Shiremanstown, P A 17011 2. Name and address of Defendant(s) in the judgment: ROBERT L. KULICK 9 West Main Street Shiremanstown, P A 170 I t 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. PAl 7013 P A 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/OCCUP ANTS 4 Walnut Cir. Camp Hill, PA 1701 t 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: Julv 29,2005 EC McCAFFERTY & McKE BY: eph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 05-32 1 O-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jf. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-t322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW ROBERT L. KULICK Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Walnut Circle Camp Hill, PA 17011 Term No.05-3210-CIVIL Defendant(s 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: KULICK. ROBERT L. ROBERT L. KULICK 9 West Main Street Shiremanstown, PAt 70 II Your house at 4 Walnut Circle, Camp Hill, P A 170 II is scheduled to be sold at Sheriffs Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $1 06,5 t 5.56 obtained by M&T MORTGAGE CORP. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The sale will be cancelled if you pay to M&T MORTGAGE CORP., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-t322 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. 05-3210-CIVIL 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. t. 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 of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of717-240-6390. 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 Joseph A. Goldbeck, Jr. Attorney 1.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Bnffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS vs. ROBERT 1.. KULICK Mortgagor(s) and Record Owner(s) 4 Walnut Circle Camp Hill, PA 17011 of Cumberland County CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO.05-321O-CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions ofthe Act. 1-_::1 '-:, ::'';-1 , , -"il --J -c" i', I (.0 r--.) cr'. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P .R.C.P 3180-3183 Joseph A. Goldbeck, Jf. AttorneyI.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff vs. of Cumberland County ROBERT L. KULICK Mortgagor(s) and Record Owner(s) 4 Wa!nut Circle Camp Hill, PA 17011 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 05-3210-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/01/2005 to 07/29/2005 at 5.8000% $106,515.56 (Costs to be added) GO McCAFFERTY & McK B : Josep A. Goldbeck. Jr. Attorney for Plaintiff ~ ~ 1'00 5 ~ ~~ u ~~ \.'-l '-10 S e;:? u "-< "",1><0 " \-'" ~ B.~ ~ 0;;> :zo ~ u '$ ~ ".. ~ ,;, ;> ~ 'if; ~ ~ to :: ::i"O,2F: 00- ~~8< .~ ....~ ..J~a..--r ~~ta~ \.'-l'if;7 ~ CQ~~ 00 ~ 'il' u ~ o b :z S ".. ;;> ~" ~a " 1><';; o " "..'0 r: ~" 1><" .... e: u 1 ~ \l ...;; " " tv ~g ~c. 'g ~~....- _~ u ~ ~ c:-~ l'.lQ p..i:i....M l::~ (/1"-< ~ .. ~ ...... t;:&-< I ~ ~ ~ J<- ~ P. I-<.~M ~oQ,.s;;l..o u~'%.Bt~ y~.......g- ~'$o",,,, ~\r-~ yo f "0 ~o ,..,on 8,~ J, - LONG DESCRIPTION ALL THAT CERTAIN tract ofparce1 ofland with the buildings and improvements thereon erected, SITUATE in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of Walnut Circle, which point is 148.15 feet northwardly of the northeasterly corner of Walnut Lane and Walnut Circle, and at dividing line between Lot Nos. 44 and 45, Tract No.2 on the hereinafter mentioned Plan of Lots; thence along the easterly line of walnut Circle in an arc having a radius of 50 feet in a northwesterly direction, 37.52 feet to a point at dividing line between Lot No. 45 and 46, Tract No.2, on the said plan; thence along said dividing line in a northerly direction 149.91 feet to a point at a point at the southerly line of Lot No. 38 on said plan; thence along the southerly line of Lot Nos. 38 and 39 of said Plan in an easterly direction, 49.52 feet to a point at the westerly line of Lot No. 14 on said plan; thence along the westerly line of Lot Nos. 41, 42, 43 on said Plan in an southerly direction 125 feet to a point at dividing line between Lot Nos. 44 and 45 on said Plan; thence along said dividing line in a southwesterly direction 124.83 feet to a point, the place of begin. BEING LOT NO. 45, Tract No.2 on Plan of Lots known as Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6, Page 3. HAVING THEREON erected a dwelling commonly known as 4 Walnut Circle. BEING THE SAME PREMISES which Lillian G. Lutz, widow, by deed dated 7/27/2004 and recorded 7/29/2004 in the Office of the Recorder of Deeds, in and for the County of Cumberland, in Deed Book 264, at Page 1986, granted and conveyed unto Robert L. Kulick, married. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4 Walnut Circle Camp Hill, PA 17011 SOLD as the property of ROBERT L. KULICK TAX PARCEL #13-24-0797-046 I) ~ l t? r c (; 1ft -'e:> S:.- '.;.fl ,.......,) c.::,;) n -rl =;:} iii? r"- r~~ C;'I ^(\~ "- II! - ~ '-..'-, I W t J r ...... ~ '-1 9.J-.l::: ~)<.,..t.-c. ~ i>, :..... - "O..LQ \ l' r- t;:N --J W Cl ... ~ ~. Dq (' , R., '" ~ ", <<:.r~ , WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-32IO Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due M&T BANK SI8IM FARMERS TRUST COMPANY Plaintiff (s) From ROBERT L. KULICK, 4 WALNUT CIRCLE, CAMP HIL, P A 170Il (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$106,515.56 LL50 Interest FROM 01/01/2005 TO 07/29/2005 @ 5.8000% Atty's Comm % Atty Paid $150.24 Plaintiff Paid Date: 8/3/05 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR - ESQUIRE Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 M&T Mortgage Corp. VS Robert L. Kulick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3210 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Poundage Levy Share of Bills Advertising Mileage Certified Mail 30.00 20.00 .50 1.00 2,007.07 15.00 20.89 15.00 10.40 3.83 $2,123.69 Sworn and subscribed to before me Th;" ",~",yo~ 2005, A.D. ~_ Prothonotary ~~rs: . /~ r ~1o/- ~ R. Thomas Kline, Sheriff o I,' ch. ,s;;tJ..1D f2.u, 17:<336 . Goldbeck McCafferty & McKeever BY: Joseph A Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. ROBERT L. KULICK (Mortgagor(s) and Record Owner(s)) 4 Walnut Circle Camp Hill, PA 17011 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No.05-3210-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORP., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe faT the writ of execution was filed the following information concerning the real property located at: 4 Walnut Circle Camp Hill, PA 17011 I.N ame and address of Owner( s) or Reputed Owner( s): ROBERT L. KULICK 9 West Main Street Shiremanstown, P A 170 II 2. Name and address of Defendant(s) in tlle judgment: ROBERT L. KULICK 9 West Main Street Shiremanstown, P A 170 I t 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, P A 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: 4 , 5. Name and address of every other person who has any record interest in or record \ien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of wbom the plaintiff bas knowledge wbo has any record interest in the property which may be affected by the sale. 7. Name and address of every otber person ofwborn the plaintiff bas knowledge who has any interest in the property which may be affected by Ule sale. TENANTS/OCCUPANTS 4 Walnut CiT. Camp Hill, PA 1701 t I veritY that (he statements made in tbis affidavit are true and correct to the best of my personal knowledge or infonnation and belief 1 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: Julv 29. 2005 EC McCAFFERTY & McKE BY: eph A. Goldbeck, JT., Esq. Attorney for Plaintiff 05-3210-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Ys. CIVIL ACTION - LAW ROBERT L. KULICK Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Walnut Circle Camp Hill, P A 17011 Term No.05-3210-CIVIL Defendant(s 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: KULICK. ROBERT L. ROBERT L. KULICK 9 West Main Street Shiremanstown, PAt 70 II Your house at4 Walnut Circle, Camp Hill, PA 17011 is scheduled to be sold at Sherifl's Sale on Wednesday, December 7, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$106,5t5.56 obtained by M&T MORTGAGE CORP. 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: I. The sale will be cancelled if you pay to M&T MORTGAGE CORP., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-t322 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. --"'- . . 05-32 I O-CIVIL 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. I. If the Sheriff's 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 of717-240-6390. 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 SherifTthe full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717 -240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 - .. J If 05-3210-CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 2t5-627-1322 Attorney for Plaintiff M&T MORTGAGE CORP. PO Box 840 Butfalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintitf Ys. CIVIL ACTION - LAW ROBERT L. KULICK Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Walnut Circle Camp Hill, PA 17011 Term No.05-321O-CIVIL Defendant( s 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 IN.'ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KULlCK. ROBERT L ROBERT L. KULICK 4 Walnut Cir. Camp Hill, PA 17011 Your house at 4 Walnut Circle, Camp Hill, PA t 7011 is scheduled to be sold at Sheritl's Sale on Wednesday, December 7,2005, at 10:00 AM. in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment 01'$106,515.56 obtained by M&T MORTGAGE CORP. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIF."S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORP., the back payments, late charges, costs and reasonable attorney's fees due. To tind out how much you must pay call: 215-627-1322 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. , 05-3210-CIVIL 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact onc, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU !VIA Y 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 Sherin's 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 of717-240-6390. 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 Sheritl the full amount due in the sale. To tind out if this has happened. you may call the Sheritlof717-240-6390. 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 SherifT 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 tor your house will be tiled by the Sheritl'within thirty (30) days from the date of the Sheritl's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF[CE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICFS INC 8 Irvine Row Carlisle, P ^ 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA [7013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 4 Walnut Circle Camp Hill, PA 17011 SOLD as the property of ROBERT L. KULICK TAX PARCEL #13-24-0797-046 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3210 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK SIB/M FARMERS TRUST COMPANY Plaintiff (s) From ROBERT L. KULICK, 4 WALNUT CIRCLE, CAMP HIL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined trom paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$106,515.56 L.L..50 Interest FROM 01/01/2005 TO 07/29/2005 @ 5.8000% Atty's Comm % Atty Paid $150.24 Plaintiff Paid Date: 8/3/05 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR - ESQUIRE Address: SUITE 500 . MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 i . Real Estate Sale #22 On September 0 I, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4 Walnut Circle, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 0 I, 2005 By:doclL1(~ Real Estate -Sergeant Z[ :[ d [- S(:'j SOOI I ~.I J