HomeMy WebLinkAbout05-3672
GOLDBECK McCAFFERTY & McKEEVER
.
By: JOSEPH A. GOLDBECK, JR.
ATTORNEY J.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
M&T BANK S/B/M FINANCIAL TRUST CO.
PO Box 840
Buffalo, NY 14240-0840
o --~ {p1J- J~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
vs.
PAUL E. DICK
Mortgagor and Real Owner
1100 Enola Road
Carlisle, PAl 70 13
ACTION OF MORTGAGE FORECLOSURE
C,JiL ACTION: MO~tQ:AGF-
~~OF1ECL~f
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 MAYBE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE
PERSONS AT A REDUCED FEE OR NO FEE.
Defendant
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. 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 ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU 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 POSSffiLE QUE USTED PUEDA PERDER
DINEJro, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQuI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, P A 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTlNGTO 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 ofthe 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 web site www.hud.gov/officeslhsg/sfhlecon/econ.cfm 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 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
MT-0786.
Para informacion en espano1 puede communicarse con Loretta aI215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is M&T BANK S/B/M FINANCIAL TRUST CO., PO Box 840, Buffalo, NY 14240-0840.
2. The name and address of the Defendant is PAUL E. DICK, 60 West Pomfret Street, Carlisle, P A 17013,
who is the mortgagor and real owner of the mortgaged premises hereinafter described.
3. On August 20, 1996 mortgagor made, executed and delivered a mortgage upon the premises hereinafter
described to M&T BANK S/B/M FINANCIAL TRUST CO., which mortgage is recorded in the Office
of the Recorder of Deeds of Cumberland County as Book 1342, Page 1013. The Mortgage and
Assignment(s) are matters of public record and are incorporated by this reference in accordance with
Pennsylvania Rule of Civil Procedure 1019(g) which Rule relieves the Plaintiff from its obligation to
attach documents to pleadings if those documents are matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
HA".
5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due
March 05, 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 02/05/2005
through 07/31/2005 at 8.2500%
Per Diem interest rate at $13.58
Reasonable Attorney's Fee
If the Mortgage is reinstated prior to a Sheriff s Sale the
Attorney's Fees maybe 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 ($3,003.24)
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 ofthe amount demanded in the
Action.
Late Charges from 03/05/2005 to 07/31/2005
Monthly late charge amount at $82.18
Costs of suit and Title Search
$60,064.73
$2,401.89
$1,250.00
$410.90
Escrow
Monthly Escrow amount $622.75
$900.00
$65,027.52
+$3,144.80
$68,17232
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 oflntention 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 "Boo. 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 $68,172.32,
together with interest at the rate of$13.58, per day and other expenses incurred by the Plaintiff which are
properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure
of the Mortgage and Sheriff's Sale of the Property.
VERIFICATION
I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do
hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff
corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements therein are made subject to the
penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
./
Date: 7-18 - 0:-,
J{J?--,
Diana M. Robinson
M&T MORTGAGE COMPANY
.EXHIBIT "A"
L(J ?6()O;
Borrower: Paol E, Dick
, 1 00 EnOl. Rood
CarlISle, PA 17013
Lender: Finane!" Trust COmpany
Maln OffIce
One Weat High strset
Carll$le, PA 17013
TbJ$ ExhIbit "A" Is aUIIChed to and by this reference Is made a pM ot each. Deed of TrtlU or Mortgage, dallld September :w, 1996, and
executed In ,"onnectlon with: a loan or ~e-r flnancllll aceommOdMlons berween Financial rruM Company and Paul E. DIck.
mAar NO.1: ALL that certatn tract of fant! land, to!!/"ther with the improvezrents thereon
erected, situate in Lower Frankford 'Ibwnship, Curr.berJ.and County, Pemsylvania, bounded and
descI'ibed aa follows:
BEGINNING at a point in the center line of Leglslati ve !bute 21004, which point is on the
Ilne of lands now or fonrerly of William P. Wa.rne1" and Tillie Marie Warner, end which point
is 1022.94 feet southwardly along said center line from the center line of !bute No. 944;
thence by said lands now or fortner-ly of' William P. Warner, et ux, North B9 de~es East 425.7
feet to an iron pin; thence by the serre, North 80 degrees 39 minutes 57 seconds East 68'1.56
feet to a post on the line of land:. now or fonrerly of Edgar Bartles; thence by said lands,
South 59 degrees 56 minutes 23 seconds East 245 feet to a past; thence by the same, South 52
de~es 29 minutes 30 seconds East 517.31 feet to i'l stake; thence by the S,')J"OO and crossing a
run, North 62 degrees q7 minutes East 354.42 feet to a white oak tree; thence aga1n crossing
said run and along lands now or formerly of William WlldeI'S, South 20 degrees 34 minutes
East 116 feet to a point in the center line of an abandoned lane; thence by said center line
and said lands the rollow1ng courses and distances: South 48 degrees 47 minutes East 96.65
reet to a point; South 68 degrees 25 mlnutes East 182_77 feet to a point; South 44 degrees
34 minutes Fast 256. q1 feet to a po1nt; thence by lands now or fonrer~ of lhaddeus Goode
Holte, et ux, South 18 degrees 29 minutes West 27.98 teet to a point; thence by the 3afre,
South 88 degrees 15 mlnutes West 310.65 feet to a pOst; thence by the SIlJ'lle, South 65 degrees
7 minutes WEst 995.8 feet to a post; thence by the san>>, South 22 degrees 41 minutes Ea3t
830.84 feet to a hickOry tree; thence by the sone, South 0 de=es 24 minutes West 347.14 reet
to a stone in a road; thence in said road, South 60 degrees 59 minutes West 314.83 feet to a
spike in said road; thence by 1ande now or fonrerly of ROOert Kurtz, North 73 degr>ee2 10
minutes West 505.81 feet to a post; thence by the smre, South 5 degrees 32 minutes West 73.75
f~et to a point in the center line of a public road, L.R. 21004; thence along said center
line, the fOllowing cou.rees and distances: North 70 degref:S 41 minutes West 6o.ln feet to a
point; North 82 degrees 20 minutes west 58.44 feet to a point; North 86 degrees 2 minutes
West 121.5 feet to a point; North 80 degrees 29 minutes West 63.93 feet to a point; North 70
degrees 34 minutes West 72.3 feet to a point; North 61 degrees 33 minutes West 158.4 feet to
a poi.nt; North 58 degrees 38 minutes West 59 feet to a point; North 47 degrees 13 minutes
West 50.45 feet to a point; North 30 degrees 29 mlnutes west 49.13 feet to a point; North 17
degrees 57 minutes West 47.65 feet to a point; North 12 degrees 52 minutes West 539.35 feet
to a point; North 13 degrees 23 minutes West 326.2 feet to a point; North 18 degrees 50
mi.nutes West 113,15 feet to a point; North 24 degrees 49 minutes West 119.35 feet to a point;
North 19 degrees 49 minutes West 65.36 feet to a point; North 13 degrees 52 minutes West
140,8 feet to a point; North 5 degrees 52 minutes West 50.95 feet to a point; North 9 de",,,e.
54 mi.nutes East 42.72 feet to a point; North 25 degrees 10 minutes EDst 5~.57 feet to a point;
North 36 degrees 9 minutes East 135.95 reet to a point; North 32 degrees 33 minutes Ea.9t 59.3
feet :o.~~.,.. ,,,,,,,,,~~.2..0,.:...~.,..,.,.gree...,,.,...,...,.......,...""s ,,3b.'.'..'..'..'~.'ii,~tes Fast 56_05 feet to a point; North 10 degrees
x~'~';~(~. Dick ,,~.i--:,',\.::'''';K'''ii'' ,\iIiX-'-'-'-~/""':""""(:',{$~ CONl'INtJED
LENDeR:
FjflanC~8ITr~lJtCo~~j 11 A __----
By', ;f:,-<-~ / (.. J ~ nroKiJ".? p',GE1019
Author-lzed ()tflc~( -- /;
EXHIBIT '.'A"
(Conlinbed)
Page 2
25 minutes East 49.35 feet to a point; North 0 degn:oes 33 minutes West 54.7 feet
to a point> North 7 degrees 56 minutes West 220.1 feet to a point, tre Place of
BEGINNING.
TIle aforesaid premises are described according Lo a survey of Noel B. Smith,
Feg:i .':>tered Su.rveyor, dated Leccmber 7 J 1970 and contains 83.946 acres.
LESS that lot conveyed to Elwood T. Hay and Ann E. Hay, his wife. by deed
dated Iibbru.a.ry 25, 1986 and recorded in the Of.fice of the Recorder of' Deeds in
and 1'01" Cunberland County, Permosyl vania,. in reed Book "Tl\, VolL1J'f't'::: 31,. Paee 13 and
being further described as Lot No.2 en the Final Subdivision Plan. for J1u.ssell E.
Taylor made by Stephen G. !'isber, Registe,"d Surveyor, dat",d ,January 11, 1986 and
recorded in Cuntlerland Comty Plan Book 4,1. Page 97.
BEING the same property which JOhn F. Gory1, Executor Of the Estate of
Russell E. Taylor, granted and conveyed to Paul Di.ck, t'lortgagor herein) by deed
dated Noverrtler 6, 1981 and recorded in the orf1 ce of the Recorder of O:!eds fQt'
Cumberland COunty, Pennsylvania in ~€d BOok IIN', Volt.J.ITe 33, Page 695.
TRAC'r NO.2: ALL that cert8..in piece 01' par'eel of land with the lrrprovements
thereon 51 tuate in North Middleton 'lbWnship, County of CUni:>erland and State of'
Pennsylvania) bOUllded and described az fulloW"s. to wit:
BEGINNING at stones at land fo.nrer.ly of H.9.rry Dick, nOd of C. K. Snyder;
thence by said lands, South 16 degrees 30 minutes East 276 perches to a white oak;
thence by the sarre) South 2 1/2 de~e:s East 6 perches to a point at public road;
thence by lands i'ot'11Erly of Jacob A. Dick, now of Walter \Veloy, South 71 degr'(les
30 mlnutes Wost 112.5 perches to a point at lands formerly of Tillie 13. Dick now
of Harry Ponan; tbence by said lands, North 31 deg""es West ~3,6 perches to a point
comer of land now or f'onrerly of WilUam lDng; thenco by said lands, North 81 1/2
degrees East 15.1 ~1'ches to stones; thenc.e by SaJ'l"B, North 37 degrees West 36.7
ferches to stone in public road; thence North 44 3111 degrees East 9.3 perches to a
point at side of road; thence by laJ1cl now or fonrerly of Albert 'Thomas l North
46 31" degrees West ~7 perches to a point at comer of lands rOI'rrEI'lY of A. L,
Bierbower, now of Audrey B. Baldwin; thence by the same~ North ~ degrees 15 minutes
E3.st 102.2 perches to stone; thence by same, North 80 degrees 30 minutes West
46.5 peI'Ches to a point; thence by the same, North 1 degree 15 minutes East 96.5
perches to stones at lands formerly of Mrs. V. Penrose, now of Paul R. Dick,
Grantee here1n; thence by said lands, South 86 degrees East 122 perches to stones
at lands rornerly of Harry Dick, now of' C. K. Snyder, the Place of BEGINNING.
" OJNTAINING 234 acres arld 150 perehes, strict I~asure.
BEING the sane property which Stella Bai tsell, Executrix of the Estate of
UarI"'l Dtck, granted and conveyed to PauJ. 8. DiCk, ~rtgagor he:r>c1n, by deed dated
July 2, 1947 and recorded in the Of'fioe of the HecOrde.r' ot ~ed.5 fot' OJmberland
County) Pennsylvania, in reed Book "aU, VOlwrE' 13, Page 271-
LESS, HOWEVER a. tract of land containing 1. 7 acres conv~yed to 'Dl0ITa3 and
Bet ty stewart I by deed dated June 22, 1979 and recorded in wed Boole "Mil, Volurre 28,
P8.gJ: 593.
BJJK 1312 PIlGE 1020
.
,
,
.
.
M&T Mortgage Corp.
r.o. Bux/2R8
Buffalo, NY 14240-1288
I1Ma1'MoctgageQlrparatlon
"~ollolol"_
0512312005
Certified No.: 71826389306006118935
Paul E Oick
\ 100 Enol.'! Rd
Carlisle, PA 17013
HOMrOWtrllERS NANe(SI: P-.ul E Dtck
PROPERTY" ADDRlSS: 1100 !no1a Ita
Carlt~I., PA 17013
LOAN ACCT NO: QOO918800l!1
atRREHT \..!MDCRlstRVtCER: NIT JIIortg. COr'pora't1on
HOMEO~ER'S EMF.RGENCY MORTGAGE ASSISTANCE PROCRAM
YOU MAYBE ELICIBLli: FOR FINANCIAL As..o;;lSTANCE WIIICH CAN SAVE YOUR nOME FROM
FORECI,OSURE AND HF,LP YOIJ MAoKE FUTURE MORTGAGE. PA YMIo:NTS
W YOU COMPLY WITII THE PROVISIONS OF THE IIOMEOWNERlS EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (TIJE "ACT'). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS 8EEN CAt/SEBBY CIRCUMSTANCES
8EYOND YOUR CONTROL.
IF you HA Vi: A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE FA YMEN1'S. AND
1)< YOU MEET OTIIER ELlGIBIU'fY REQUIREMENTS
ESTABL[SJlED BY THE PRNNSYLVANIA HOUSING FJNANC~
AGENCY.
TEMPORARY STAY or FORECLOSURE - Under the Act, you are entitled to a temporary stay offotedosurc
on your mortgage for thirty (30) days from me date ofthi,S Notice. During that time YQU must arrange lUld attend a
"(acc.to-fac' 'meetmg with one of the CQlUlumer credit coun!i.Cling agencies li:.tcd at the end oflhi! Notice. IJ:Im
Ml<:ETING MUST OCCUR WITHIN THE NEXT (30) DA VS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MIlS! BRING VODR MORTGAGE UP TO DA.TE THE PART OFTlliS
NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEPAUL T" EXPLAtNS HOW TO BRING YOUR
MORTGAGE UP TO DATE..
CONSUMER CREDIT COUNSEL1Nf. AGENCIES -If you meet with one of the conllumer credit counlleling
ag~y listed Ilt the end of this notice, the lender may NOT take \l.l:tion against you fur thirty (:JD) days litter the date
of this. meeting. The rlamell .lIddrt58es and telcohone numbern of dc.~i~nated consumer credit coutt!ldinl! asencies for
t~ county in which the nrooertV is locHtcd are liet forth at the end of this Notice. It i.s only w:ccSEAry to schedule one
facc.to~face meeting. Advise your \.I:nder immediately of your intentions.
18007241633 COrnupondanoe .P.O. Sox 840, Buffalo, NY 14240-0640 P!lym&nt& -P.O. Box 62182, BaI~more. MD 21264.-2t62
Mor1gaQ8 aecounf infQrmtltIon,ju$t ;)click sway. W/IW.rnliTldtmo~e.com
M&T Mortgllg~ Corp
P.O. Box 1288
Bufflllo, NY 14240-12&&
I1Ma1'~Corporul:b1
A~.I4iJ'_
(l5(2]i20QS
Certified No.: 718263893060061589211
P:lUIE Dick
bO West Pomfret Street
Carlisle. PA 17013
I-(jMEOWNEflS NAME(S): PlI\ll EDick
PRDPEATY ADDRESS: HOO EnDlila Rd
Carlls1e, PA 17013
I,.OAH ACCT NO: OO0Sl73800!5
QJRRr:NT LENDfA/SERYJCER: Ma.T JIlortgage CorporatlQl'l
HOMEOWNER'S EMERGENCV MORTGAGE ASSISTANCE PROGRAM
YOU MAY Bt: ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECWSURE ANt> HELP yon MAKE FUTURE MORTGAGF. PAYMENTS
IF VOll COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE:
ASSISTANCE ACT OF 1983 (THE "ACT'\ YOU MAV BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEr<:N CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL.
IF YOU HAVE A REASONABLE PROfil'I<:CT OF BEING ABLE TO lPA Y
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTlIER ELICIBILJTY REQUIREMENTS
ESTABLISHED 8Y mE PENNSYLVANIA HOUSlNG FINANCE
AGENCY.
TF.MPORARY Sf A Y OF FORECWSURE - Under the Act, you are entitled to a temporary stay offoreelos~re
on your mortgage for thirty (30) days from the dat~ of this Notice. During that time you mu.~t arrange and Ilttcoo a
"fac:e.w-fae"mecting with one ofth.~ CClnSUmet credil counseling agencies lisled at the end Qflhi~ Notice.:nn.s
MEETING MUST OCCUR WfTHlN THE NEXT (30~ DAYS. fF YOU 00 NOT APPLY fOR EMERGENCY
MORTGAGr:\ ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS
NOTICE CALI EO"HOW TO ClJRE YOUR MORTGAGE DEPAUL T". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one oflhe consumer credit counseling
agency listed at the end oflhis notice, the lender may NOT taKe acllQn against you for thirty (JO) days after the date
of thb meeting. The nllmell addresses and ldcohone numbers of desil!J1Ated consumer credit counseliIJIf 8uencies for
the countv in whit::h me ntonotv i.s located are set forth at the end of this Notice. It ill only nect.:.ssary co schedule Qne
face-fo-face meeting. Advise your lender immediat...ly ofyilllr intentiOUlI.
18007241633 CorrosponcJen," - PH 61J.1l 1340. &/ffalo. NY 14240-0840 Psy/'nef1ts. P.O. Box 62182. 8altimore, MO- 212M-21~2
MOrlg8f/8 aCCfJlJnt ;nti:J/'lnallOo,jusf 8 r;Jick SWlIY- www.mandtmOl.tgIlQecom
APPLICATION FOR MORTGAGE ASSIS1'AN(:t: - Your mortgage is in default for the reasons !let forth later
in thi~ Notice (see following pagc~ for specific information aboul the nature of your default.) TfYOll have tried and
are Wlable to CCllOlve this problem with the lender, you have the right to apply for fmancial assistance from th.e
Homeowner'sEmergencyMortgage Assistance: Progrnm. To do IIO,YO\I must fill out, sign and file a completed
Homeowner's Emergency AsSistance Program AI'PIic.1tion with one oflhl: designated consumer credit counseling
agencies listed at the end oflhis Notice. Only consumo;{ creUit cmmsding a;encie::. have applications for the
program and they will a<;sist you in SUbmitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or pOS!R1arlced within thirty (30) days of your face~t()-face meering.
YOU.MllSI FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW TJIE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECWSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATEI.Y AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTiON.. Available funds for emcrgl:ney mongage assistance are vel)' limited. They will be disbursed
by !.hc Agency under the eligibility crileria established by the Act The Pennsylvania Housing I-<inance Agency hils
sixty (6(\) da~ to makc a decision after it receives your application. During that time, no foreclosure proceedings
will be pUl'!lucd against you if you hl1VC met Ihe time rcquirenll:nts set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agotlcy of its decision on YOUT application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A rETITJON IN
BANKRUPTCY. THE FOLLOWING P ART OF mlS NO'flC": IS FOR INFORMATION PURPOSES
ONI.Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COI.LECT THE DEBT.
(If YDU hll'Ye filed bankruptcy you cln still apply [or Emergency Mortgaae Anistanu.)
HOW TO CURE YOIJR MORTGACE DEFAULT /Bring it un to dllte\.
NATURE OF mE DEFAULT --The MORTGAGE debt held by Ihe above lender on yourpmperty located at:
1100 Enol. Rtf
Carll.I_, PA 17013
[5 SERIOUSLY rN DEVAULT because:
YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following months and the following amounts arc
now pastlluc;
~lar payment. of S1~43,72 f~ the months of 03j06/tOO5
thl"'OUgh tOd~y's date:
Other charge.; Accruec1 Late Chars":
AccrUed Ot~ Charges
TOTAL AI*3UNT PAST WE:
$
.
.
.
4931.18
102,10
0.00
5033.28
HOW TO CURE TIll!: DEF A. UL T -You may CW'e the dcfault within THIRTY (30) DAYS of the dale ofthis
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5033.26, PLUS ANY
MORTGAGE PA YMENTS AND LATH CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DA Y
PERIOD. Pavmenls mllilt be made eitht.r bv ClilOh. c:u;hier'scheck certifIed check: Of money order made Tlavable and
sent to'
M&T M~rta"Ke CurpontiOll
One Fountain Plaza I 7th Floor
Atln: Payment Proceuing
Buffalo, NY 14203
YOll Can eun: anv other default bv takintrthe followimr action Within THIRTY (301 DAYS of the date of this letter.
IF YOU DO NOT CURE THE DEFAULT_If you do not CUJC the defaull within THIRTY (30) DAYS of the dale
oftbis Notice, the lender Intend. to exercbe its righU to accelerate the mortgas:e debt. This means that the ~tire
Qulstlll\ding balance oflhis debt will be considered due immediately and you may lOSe the chance tll pay the
mortgage in monthly inlltallments. If full payment oftbe total amount past due is nut made within THIRTY (3D)
DAYS. the knder also infends to instruct its attomeys 1.u start legal action to rundo5e upon YOUT mortgaged
property.
1 BOO 724 16'3 ~ndanC8 - P,O. Bole 840, Buffalu. NY 14240-0840 Payments. P.O. Box 62182, Baltim~. MO 21264--2162
Mortgage account infvmJatiolJ,jenl a click away. www.mandtmortQage.com
IFTHE MORTGAGF. IS FORECLOSED UPON -~ The mortgaged property will be sold by the SherifTto payoff
the mortg<1ge debt. If the lender refers your case to its attome)'llo, but you cure the delinquency before the lender
begins \egal proceedings against you, YOll will still be required to pay the reasonable attorney':; fees that were
actually in~urrcd, up to $50.00. However. if legal proceedings are surted against you, you will bave to pay all
reasonable attomey'sfees actually incurred by m>;; kndel' even if they exceed $50.00. Any att.omey'sfees will be
added to the amolUlt you owe the lender, which may also include othel'reasonable ,"Ollts. !fyOY cure the default
wlthio the THIRTY (30) DAY period, you wUl not be required to pay attorney's fees.
OTHER I.ENO":R REMEDIRS -- The lender may also sue YOIl personally for the unpaid principal balance and all
other !>umg due tmder the mortgage.
RIGHT TO CURE THE DEF.4.1JL T PRIOR TO S"l<=RIFF'S SALE __ If you have not cwcd the default wilhin
the THIRTY (30) DAY period and foreclosure l"t'oceeding\i have begun, you still hav~ the right to cure the dcfault
and pre'ient the sale at any time up to one hour before the Sheritl'sSale, You may do so by paying the total amolUlt
then past due, plus any late or other charges then due, reasonable attorney's tees and costs connected with the
f()Il~do~\ln~ salr; and any other costs connected with the Shcriff"sSale as specified in writing by the lender and by
perfonning any other requirements under the mortgage. Curing you.. def8D1f in the manner set forth in this
noti<:c will restore your mortpge to the same posltlon IIllfyo.u h.d nner def.ulted.
I<:ARLIEST possmuo: SHERIFF'S SA"": DATE --It is estimated thai the clU"licst date that such It ShcrifPsSale
ofthe' mortgaged property could be held WQuld be ll.ppro'X\mlltely 10 months from the date of tbls Nodee. A
notice ofthe actual date oftho Sheriff's Sulc will be sent to you before the sale. Of course, the amount needed to
cure the defuultwill increase the longcryou wait. You ffilIy find aut at any lime exactly what the n:quiredpayment
Ot IlI,,1ion win be by eont{U..1l.ng the lender.
HOW TO CONTACT THE l.ENDER:
Name of LeDder: M&T Mortgage CorpontiltD
~P.O.Box840
Buffalo, NY 142:40
PhoDe Numher: (800) 724--1633
EFFECT OF S.HERlFF'S SAI,E - You .should reali?t that a Sheriff's Safe will end your ownership of the
mortgaged property and your right to uceupy it. If you continuc to live in the property after the Sheriff'IlSale, a
lawsuiL to rcmClvc: you and your furnishings and oilier belongings could be started by the lender at any time.
ASSlJMPTlON OF MORTGAGE .- You _ mayor 1f may not sell or transfer your home to 3 buyer or
tranAferee who will assume the mortga~ deht, provided lhll.t aU the outStallding payments. charges ItDd attorney's
fees and costs are paid JXior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RICHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY on' THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INST1TU110N TO PAY OFF THIS DEBT.
TO IIAVE THIS DEFAULT CURED BY ANY nURD PARTY ACTING ON YOURBEHALE
TO HAVE "rim MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAtn.T. (HOWEVER. You DO NOT HA VI} THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMl!S iN ANY CALENDAR YEAR,)
TO ASSERT THE NONEXISTENCE OF A I>EFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGA.GE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BEl ,!EVE YOU MAY IIA VB TO SUCH ACTION BY TI-lE
LENDER.
TO SEEK PROTECTION UNDJ;R THE FEDERAL BANKRUPTCY LAW.
Sincerely,
.e....<< -1<A ~ ",.
RusselIM,Alessilr.
Collections Manager
Ene: Act l}1 Notice
Consumer Credit Counseling AiC'ncies Scving YOLl" COWlty
1 800724 1633 CorrespOl1dern;a _ P.O. BaN: 840. Buffalo, NY 14240-0840 Paymsnts - P_O. Box 621.91, BaltimOre, M:I 212:64-2182
Morlg.g. ac.c.ount '"fDfm.rfon,ju$/ a click away. W'NW.mandtmortgal'le_com
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Thu is an of Rei at nGtin: that tlu. Jnortl'811e on ,"uur home Is in default. and the lender' intends III foreclose.
Soeclfle Inform.don about the nllNre()fib~ dd'IlUlt is provided In (be attached nitzel,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAP) mav be able to hem tu 5"\'~
yoor bome.. This Notice tJ'olainl bow the orolll'lm works.
To see ifHEMAP un helD. vou m"s. Mfo.:ET WITH A CONSUMER CREDIT COllNSELING AGENCY
WITH1N 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with VIlU when van mut with
the Countello2 Av:encv.
The n.me. ad4nsI and nhnne Dumber OCCuRs.mer Credit COURH1imr. Aftncies lemu!! vOllrCObntv arc
listed It tbe end orlhis Notice. Ifvou have anv OUtlt/ODI. YOU mav nil the PennIV1VlIma RoulIlD'I! F\n1l:net
Aft""' toll free at 1_SDO-342.2JIJ7.(PenODs with Jmnalrl!d heart"", un CllO (717) 780-1869).
This Notice ('ontain, important legal i.formatlon, If you have any qU6t\on~ representatives at the
Consumer Credit CounselloR Agency may be able to help nplain fl. Yau may als6 want to wntlld an
.ttomey in your IIrell. Tbe local bar aSlodatfoD may IX' abJe to help you find II lawyer.
LA NOTIFICACION EN ADJUN.ro ES DE SUMA Il\\PORTANCIA, rUES AFECfA SU DERECHO
A CONTINUAR VlVJENDO EN SV CA..~A. SI NO COMPRENDE EL CONTEN,OO DE ESTA
NOTIFICAC10N OBTENGA UNA TRADUCCJON INMEDITAMl:Nn: LLJ\MANDO ESTA
AGENCtA (PENNSYLVANIA HOtlSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PDEDES SRR, ELEGmLE PARA UNPRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMI:RG-ENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HlPOTECA.
1 800 724 1633 COUri,pondf1ilC9 . P.O. Box MO. ButfakJ, NY 142.4Q.(l640 Paymenla .P.O. Box 621132, Ba/tjmor&. MD 21264-2162
Mortga9fl ,CCOUflt inforlrnJliwl.Just iJ click ewer. WWlII.mandlrrJClf1gage.eoM
Homeowners' Emergency Assistance Program
CUMBERLAND COUNTY
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
(717) 334-1518
cees ofWcsternPA
2000 Linslestown Road
Harrisburg, PA 17102
1-888-511-2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, P A 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Ha.rrisburg, PA 17110
(717) 232-2207
Maranatha
43 PhiladelphiaAvenue
Waynesboro, P A 17268
(717)762-3285
PHFA
211 North Front Street
Hartisbwg,PA 17110
1-800-342-2397
(")
(;~-"
--
o
~
..P
(2)
"d
,~
-
/
~ ~
{'\ ~
~\
-. ~
't- }-> ~
~ ~
v, )->
.... ~
J\
...
\
t.-;?
~.~:., (,J
~2.. s;
GOLDBECK McCAFFERTY & McKEEVER
By: MICHAEL T. MCKEEVER, ESQ.
ATTORNEYI.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET S1REET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
M&T BANK SIB/M FINANCIAL TRUST CO.
PO Box 840
Buffalo, NY 14240-0840
IN TIIE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CML ACTION - LAW
vs.
PAUL E. DICK
(Mortgagor and Record Owner)
1100 Enola Road
Carlisle, PA 17013
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 05-3672
Defendant(s)
PRAECIPE TO CORRECT PROPERTY ADDRESS
Kindly correct the docket to reflect the correct property address of 1100 Enola Road and
671 Old Mill Road, Carlisle, PA 17013.
Respectfully submitted,
GOLDBECK, McCAFFERTY & McKEEVER
By:
ttcM
Q
c"
q,
~~
':0';9
~~'} 1-
<~\~?,
~-o
~:~~
,~-r
~3
~
o~
i;l
.--'
<S
'2:r
;;:::,11>
c::
C;,
~
-0
::;.
tJO
0"
M&T BANK SIB/M FINANCIAL
TRUST COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3672 CIVIL TERM
PAUL E. DICK,
Defendant
: CIVIL ACTION - LAW
: MORTGAGE FORECLOSURE ACTION
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Answer with New
Matter within twenty (20) days from service hereof or a judgment may be entered against you.
IRWIN & McKNIGHT
Douglas G ilIe, squire
Supreme Court LD. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant,
Paul E. Dick
Date: September 2, 2005
M&T BANK SIB/M FINANCIAL
TRUST COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3672 CIVIL TERM
PAUL E. DICK,
Defendant
: CIVILACTION-LAW
: MORTGAGE FORECLOSURE ACTION
DEFENDANT'S ANSWER WITH NEW MATTER
TO PLAINTIFF'S COMPLAINT
J
AND NOW this L day of September, 2005, comes the Defendant, PAUL E. DICK,
by and through his agent, Roger B. Irwin, Esquire, and his attorneys, Irwin & McKnight, and
respectfully file this Answer with New Matter to the Plaintiff's Complaint, and in support thereof
aver as follows:
I. The averments of fact contained in paragraph one (I) of the Plaintiff's Complaint
are admitted.
2. The averments of fact contained in paragraph two (2) are denied as stated. It is
admitted that Paul E. Dick is the owner and mortgagor of c<ertain real estate known as 1100
Enola Road, Carlisle, Cumberland County. The remaining averments are specifically denied and
strict proof thereof is demanded at trial.
3. The averments of fact contained in paragraph three (3) are conclusions of law to
which no response is required.
4. The averments of fact contained in paragraph four (4) are specifically denied and
strict proof thereof is demanded at trial. By way of further answer, Defendant sold a portion of
the subject real estate on or about June 4, 2004, with the prior consent and approval of the
Plaintiff, A true and correct copy of the time-stamped Release of Mortgage signed by the
Plaintiff is attached hereto and incorporated herein as Exhibit "A."
S. The averments contained in paragraph five (5) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial. By way of further answer, Defendant, by
and through his agent and legal counsel, negotiated an agreement for the payment of the monthly
mortgage obligations which Plaintiff has subsequently refused to abide by and acknowledge. A
true and correct copy of the correspondence from Defendant's attorney to Plaintiffs
representative dated May 16,2005 is attached hereto and incorporated herein as Exhibit "B."
6. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph six (6) so they
are therefore specifically denied and strict proof thereof is demanded at trial. By way of further
answer, Defendant has made or attempted to make mortgage payments since February 5, 2005,
as evidenced in part by Exhibit "B." Defendant believes and therefore avers that interest is
improperly calculated from February 5, 2005, and late charges improperly calculated from
March 5, 2005.
7. The averments contained in paragraph seven (7) are conclusions of law to which
no response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
8. The averments contained in paragraph eight (8) are conclusions of law to which
no response is required. To the extent that a response is requimd, the averments are specifically
2
denied and strict proof thereof is demanded at trial. By way of further answer, Defendant
worked out an agreement with Plaintiff at or about the time of the referenced notices, and
therefore Defendant believes and therefore avers that the notices were not sent properly and in
accordance with law.
WHEREFORE, Defendant Paul E. Dick respectfully request this Honorable Court to
enter a judgment in his favor and against Plaintiff in this matter, together with reasonable costs
and attorney fees, and such other and further relief as this COUlt deems just.
NEW MATTER
9. The averments of fact contained in the Answers to the Complaint are hereby
incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff.
10. Prior to the instant action in mortgage foreclosure, Plaintiff had instituted a prior
foreclosure action against Defendant.
11. Defendant sold a portion of the mortgaged projll~rty on or about June 4, 2004, and
Plaintiff signed a Release of Mortgage authorizing that sale, which document is referenced as
Exhibit "A."
12. Following the sale on or about June 4, 2004, Plaintiff was to renegotiate the
amount of the monthly mortgage payments and provide said information to Defendant's legal
counsel.
3
13. Plaintiff failed to provide said information to legal counsel for Defendant, and so
regular payments were made from Defendant's account at M&T Bank each month in such
amounts as Defendant was able to pay.
14. Numerous telephone calls were made between legal counsel for Defendant and
various representatives of Plaintiff.
15. Ultimately in May 2005, legal counsel for Defendant and a representative of
Plaintiff agreed that the mortgage company would apply the e~.crow refund amount of $498.77 to
Defendant's account, and that a payment in the amount of $1,144.95 should be made by
Defendant.
16. Thereafter, the parties agreed that montWy payments in the amount of $1,643.72
would be made commencing June 2005.
17. The agreement of the parties was confirmed by letter dated May 16, 2005, and
attached hereto as Exhibit "B."
18. Pursuant to the agreement of the parties, payment in the amount of $1,643.72 was
timely made in June 2005.
19. In violation of the agreement of the parties, said payment was refused and
returned by Plaintiff. A true and correct copy of the correspondence refusing said payment is
attached hereto and incorporated herein as Exhibit "c."
4
20. Plaintiff has subsequently refused and returned additional monthly mortgage
payments made on behalf of Defendant from his account with M&T Banle
21. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency
Mortgage Assistance were sent to Defendant's legal counsel only days after the agreement of the
parties as evidence by Exhibit "B."
22. Defendant is currently not living at his residence at 1100 Enola Road, Carlisle,
but is a resident at a nursing care facility, and did not receive the Notices attached to Plaintiffs
Complaint.
23. For the reasons above, Defendant believes anli therefore avers that the Notices
were not properly sent in accordance to law.
24. Plaintiff has failed and continues to refuse to abide by its prior agreements,
despite repeated attempts by legal counsel for Defendant.
25. Plaintiff improperly identifies the real estate subject to the mortgage by reason of
the Release attached hereto as Exhibit "A."
26. Plaintiff s Complaint fails to state claims or causes of action upon which relief
can be granted.
27. Plaintiff s claims may be barred by the defense of the applicable statute of
limitations.
5
28. Plaintiff s Complaint may barred by the defense of laches.
29. For the reasons above, Plaintiffs claims may be barred and/or limited by
Plaintiff s failure to mitigate or to properly mitigate its damage,s.
WHEREFORE, Defendant Paul E. Dick, by and through his agent, Roger B. Irwin,
Esquire, and his attorneys, Irwin & McKnight, respectfully request this Honorable Court to enter
a judgment in his favor and against Plaintiff in this matter, together with reasonable costs and
attorney fees, and such other and further relief as this Court deems just.
Respectfully Submitted,
IRWIN & McKNIGHT
By: ~ .
~~~. Miller, Es uire
Supreme Court ill # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant
Dated; September 2, 2005
6
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the: penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
~/"/
PAULE.
ROGER
/~~
By His Agent,
IN, ESQUIRE
Date:
Seotember 2. 200,
,J,::;;,i! /"" ZIEGLER
'..:":~):...H OF DEED,S
\ r .f ("1[, U l'~'
L,,'., -,_ v,:' j'; I , .
& T# 786005
IY I/fN I"
., u~1 D
AFl 9 07
COPy
RELEASE OF MORTGAGE
K1VOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, PAUL DICK, SINGLE MAN
by Indenture of Mortgage bearing date the 20th day of September, 1996, and recorded in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Mortgage Book 1342, Page 1013, granted
and conveyed unto FINANCIAL mUST COMPANY NOW BY MERGER, MANUFACTURERS
AND TRADERS mUST COMPANY its successors and assigns, the premises therein particularly
described, to secure the payment of a certain debt or principal sum of One Hundred Five Thousand and
nol 100 ($105,000.00) Dollars lawful money, etc., with interest as therein mentioned
AND WHEREAS, the said PAUL DICK, SL'VGLE MAN has requested the said
MANUFACTURERS AND TRADERS TRUST COMPANY, Successor.by Merger to KEYSTO/'olE
FINANCIAL BANK, No.4, Successor in Interest to FINANCL4L TRUST COMPANY, its successors
and assigns to release the premises hereinafter. described, mortgage premises, from the lien and operation
of the said Mortgage.
NOW THEREFORE, KNOW YE that the said MANUFACTURERS AND TRADERS TRUST
COMPANY, successor by Merger to Keystone Financial Bank, N.A. Successor in Interest to Financial
Trust Company, its successors and assigns as well in consideration of the premises of the sum of One
and nolI 00 ($1.00) Dollar lawful money to them in hand paid by the said PAUL DICK, SINGLE MAN,
at the time of the execution hereof, the receipt whereof is hereby acknowledged, have remised, released,
quit-claimed, exonerated and discharged, and by these presents does remise, release, quit-claim,
exonerate and discharge unto the said PAUL DICK, SLNGLE MAN all that certain tract of land situate in
Lower Frankford Township, being Lot No 4, containing 60.7022 acres, more or less as set forth in
Exhibit A.
To hold the same, with the appurtenances, unto the said PAUL DICK, SINGLE MAN. forever
freed, exonerated and discharged of and from the lien of said Mortgage and every part thereof, Provided
always, nevertheless, that nothing herein contained shall in anywise affect, alter or diminish the lien or
encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises, or the
remedies at law for recovering thereat or against the said PAUL DICK. SINGLE MAN, the aforesaid
principa.l sum with interest, secured by said Mortgage.
IN WITNESS WHEREOF, the said MAiVUFACTURERS AND TRADERS TRUST
COMPANY. Successor by Merger to KEYSTONE FIN4NCIAL BANK, NA. Successor ill Interest to
FINANCIAL TRUST COMPANY, has caused this Indenture to be signed by its Vice
President,
attested to by its Banking ~
Offmcer
corporate seal of the said corporation this 1 at
ArrEST ?U I;{ . cI J/;..lJ'l/fG
TEqci L. Stabler
Banking Officer
President and has caused to be affixed hereunto the common
day of
June
,2004.
MANUFACTURERS A11/D TRADERS
TRUST COMPANY, Successor by Merger to
KEYSTONE FLIVANCIAL BANK. N.A.
Successor ii, Interest to FINANCIAL TR UST
COMPA/'iF;
(SEAL)
C.L/..J.(JJ--L ,p(\.>>~~
Claudia L. Heath
Vice President
STATE OF NEW YORK
:S5:
COUNTY OF
On this -----L- day of j, 'l1i . 2004, before me the undersigned officer, personally
appeared CUuclia. L. l-le.a+h . known to me (or satisfactorily proven) to be
the Y:<.e. President of MA1VUFACTURERS AND TRADERS TRUST COMPANY. Successor by
Merger to KEYSTONE FINANCIAL BANK, N.A. Successor in Interest to FINANCL4L TRUST
COMPANY, being authorized to do so, executed the foregoing instrument for the purposes herein
contained by signing the name of the corporation by himself as President.
In witness whereof, I hereunto set my hand and seaL
&;v'-i1-i 9t ~~
Notary Pubiic ..
Arnie M. Wheeler
No.01WH6108872
Notary Pull/ie. State of New York
auali/led in Erie County
My Commission Expifes '1/IQ/0'6
2
ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania,
bounded and described in accordance with a survey for Paul Dick prepared by Larry V. Neidlinger, P. E.R.S. dated
March 4,2004, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book
Page , as follows, to wit:
BEGINNING at a point in the centerline of SR 4025 Old lvlill Road at corner of Lot No 1; thence along
Lot No. 1 North 79 degrees 58 minutes 18 seconds East 1164.21 feet to ;an iron pin set; thence still along Lot No. 1
North 78 degrees 13 minutes 35 seconds east 725.60 feet to an existing iron pin; Thence alCing lands now or formerly
of Dan W. Halteman North 62 degrees 36 minutes 15 seconds East 351.99 feet to a wmte oak; thence alonQ lands
now or formerly of S. Gareth Graham South 20 degrees 34 minutes' 00 seconds East 116.00 feet to a point; thence.
continuing along lands of S. Gareth Graham the following three cours," and distances; (1) South 48 degrees 47
minutes 00 seconds East 96.65 feet; (2) South 62 degrees 53 minutes 29 seconds East 207.15 feet; (3) South 45
degrees 32 minutes 26 seconds East 228.02 feet to an iron pin; thence South 22 degrees 32 minutes 11 seconds West
23.12 feet to an iron pin; thence along lands now or formerly of Arlington Miller South 88 degrees 15 minutes 00
seconds West 307.23 feet to a point; thence along same South 65 degrees 07 minutes 00 seconds West 994.04 feet to
an iron pin set; thence still along lands now or formerly of Arlington Miller South 22 degrees 0 1 minute 00 seconds
East 830.89 feet to an iron pin; thence still along same South 00 degrees 36 minutes 51 seconds West 63.23 feet to a
point; thence along lands now or formerly of Steven Mackey South 60 degrees 39 minutes 41 seconds West 678.63
feet to a point; thence still along lands of Mackey North 73 degree.s 22 minutes 40 seconds West 178.76 feet to a
point; thence South 07 degrees 32 minutes 14 seconds West 71.92 feet to a point; thence along centerline of SR
4025. Old Mill Road the following 20 courses and distances; (1) North 71 degrees 36 minutes 39 seconds West
45.20 feet; (2) North 79 degrees 59 minutes 07 seconds West 48.73 feet; (3) North 84 degrees 15 minutes 18
seconds West 46.55 feet; (4) North 86 degrees 12 minutes 13 seconds West 46.88 feet; (5) North 84 degrees 05
minutes 31 seconds west 68.35 feet; (6) North 76 degrees 48 minutes 15 seconds West 76.77 feet; (7) North 66
degrees 04 minutes 33 seconds West 72.47 feet; (8) North 61 degrees 22 minutes 24 seconds West 28.54 feet;
(9)North 60 degrees 44 minutes 35 seconds West 118.85 feet; (10) curve to the right having a radius of 220.46 feet,
an arc distance of 187.76 feet; (l1)North 11 degrees 56 minutes 45 seconds West 34.51 feet; (12) North 12 degrees
16 minutes 52 seconds West 484:30 feet; (13)North 12 degrees 19 minutes 35 seconds West 232.63 feet; (14)
North13 degrees 51 minutes 51 seconds West 86.97 feet; 915) North 15 degrees 08 minutes 12 seconds West 64.08
feet; (16) North 18 degrees 52 minutes 10 seconds West 64.66 feet; (17) north 22 degrees 38 minutes 05 seconds
West 66.26 feet; (18) North 23 degrees 48 minutes 10 seconds Wesi 87.12 feet; (19) north 15 degrees 51 minutes 20
second West 86.91 feet; (20) North 12 degrees 56 minutes 10 seconds West 80.23 feet to a point the Place of
BEGINNING.
CONTAINING 60.7022 acres and designated as Lot No.4. on Plan for Paul Dick.
"Nothing Follows"------------------------------------------------
Exhibit A
LAW OFFICES
IRWIN & McKNIGHT
J' .
ROGER B. IRWIN
MARCUS A. ML:KNIGHT. III
DOUGLAS G. MillER
MAITHEWA. McKNIGHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (717) 249-6354
WWW./MHLAWCOM
HAROLD S IRWIN (/V2'i-fI.)77i
HAROLD S. IRWIN. JR. (/9'i4.f9lJ6i
IRWIN. IRWIN & fRWfN (1956-191'i0)
IRWIN, fRVrlN & McKlv'fCHT (/986-1994)
IRWIN, McKNIGHT & HUGHES 11994-1V03)
May 16,2005
KIM STEWART
SR. MORTGAGE COUNSELOR
M&T MORTGAGE CORPORATION
P.O. BOX 840
BUFFALO,NY 14240
RE: PAUL E. DICK
LOAN NO.: 0009786005
Dear Ms. Stewart:
As we recently discussed, in order to stop the foreclosure proceedings on Mr. Dick's
property we have paid $1,144.95 for the May payment and will pay $1,643.72 for the month of
June. It is my understanding that you are going to apply $498.77 to his account from an escrow
refund.
I appreciate your assistance in this matter and if you should have any questions or would
like to discuss this matter further, please do not hesitate to contact me.
Very tm] y yours,
IRWIN & McKNIGHT
~vx!~
~OU~~S-G. Miller
DGM:tds
rz;! rv1&I'Mortgage Corporation
A Subsidiary of M&T Bank
June 2 0, 2 005
rw~\~~ U Wi ~ )l';j
i~l ~ "" ., ~ hi
l''i !:,ll
~\ ~~
Paul EDick
C/o Doug Miller Attorney
60 West Pomfret Street
Carlisle PA 17013
f"r.:.,
1 i";~
\;J
RE: Loan No. 0009786005
Dear Mortgage Customer(s) :
Enclosed is an M&T check in the amount of $1643.72. This represents
the recent payment that you sent to us. These funds are
being returned to you because they do not represent the total
amount due on the loan.
To bring your account up to date, you must submit the total amount
due to the following address:
M&T Mortgage Corporation
P.O. Box 62182
Baltimore, MD 21264-2182
You must also contact me as soon as possible at 1-800-724-1633
to discuss the status of your account. Please note that further
action will be taken on your account if we do not hear from you.
Thank you for your prompt attention to this:natter.
Sincerely,
Kristine stark
Sr. Credit Counselor
Collections Department
Hours: Mon.-Thurs.9AM-9PM;Fri.9AM-5PM;Sat.8AJ1-12PM (EST)
Enc.
CL802
1 8007241633 . Correspondence - P.O. Box 840, Buffalo, NY 14240-0840 . Payment.s- P.O. Box 62182. Baltimore, MD 21264-2182
Mortgage account information, just a click away. www.mandtmortgage.com
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Joseph A. Goldbeck, Jr., Esquire
Goldbeck, McCafferty & McKeever
Suite 5000 - Mellon Independence Center
70 I Market Street
Philadelphia, PA 19106
(Attorney for Plaintiff)
Date: September 2, 2005
IRWIN & McKNIGHT
U_~A/ -if. ~
~!r, Esquire
Supreme Court II) # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendant
() f~~ ()
c ,.~. ;J -n
<.;_..1
{.(-'
..
I
f"-.J.
~)
..<
)::0 .r~
;::V'
'f'-.) "<J
.-'- CO ~
GOLDBECK McCAFFERTY & McKEEVER
By: MICHAEL T. MCKEEVER, ESQ.
ATTORNEY 1.0. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
M&T BANK S/B/M FINANCIAL TRUST CO.
PO Box 840
Buffalo, NY 14240-0840
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CNIL ACTION - LAW
YS.
PAUL E. DICK
(Mortgagor and Record Owner)
1100 Enola Road and 671 Old Mill Road
Carlisle, P A 17013
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 05-3672
Defendant( s)
PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION
Kindly substitute the attached legal description in place of the legal description attached to
Plaintiffs complaint.
Respectfully submitted,
GOLDBECK, McCAFFERTY & McKEEVER
By: C/t1lc~aJ T ~~~
Michael T. McKeever, Esquire
Attorney for Plaintiff
Premises A :(:-:~.if~:.l.~,.
TRACT NO.1: ALL that certain tract oJ: 'r.nn'land. tOl!l'thel' with the 1np~~ts thereoh-'
erected, situate in Low.r Fl'snkford Township, Q.mtIe..Jand County, Pemaylwn1a, bouruled and
closcribed "" l'olJDws:
BEGlNNlliO at a point in the center :urie at LegLs1aUve Jbute 2lD04, wh1~n point :Ls on the
l.1ne of lan~ nOlf 01' fotm!I'ly ot W1ll1am P. Warne,. and T1ll1e MarJ.e Wamer, and ~h point
is 1022.94 feet south\f~ along BSid center line 1'r<xn the centsI' line of Fbute No. 944,
thence by sa1d lands """ 01' fornal'ly of WUll... P. \fameI', et ux, North 89 degree. East 425.7
feet to an iron pin; tI1ence by the ._, North 80 degree. 39 minute:! 51 aeCa1~ East 6811.56
reet to a post on the line of l.sndlI !lOW 01' f"""'I'ly Of I!dgar Bartles; thenc," by said lan~,
South 59 degrees 56 1!Ilnutes 23 seconds Fast 245 feet to a post; thenCe by the S""'"', South 52
degrees 29 III1nLltes 30 seconds East 517.31 feet to tl. stake; thence by the S!lll'S and oroes:lng a
run, North 62 degrees 47 ml.nutes East 354.42 feet to a wh.l.te oalc tree, thence as;>1n crossing
.aid ....., and aJ.ong lands """ or tomorly at' Wi1Ua11l Wilders, South 20 degrees 311 minutes
East 116 reet to a point in tile center line ot an abandaned lane; thence by- "aid center line
and sa1d lands the l'ollad1ng cOllr.le" and d1stllnces: South 48 degree. 47 minutee East 96.65
feet to a po:lnt; South 68 <legrees 25 minute. East 182.77 feet to a. po1nt, South 44 degrees
34 minutes East 256.47 feet to a po1nt; tllence by lands new or t'oImlrly or 'lhaddeua fJOo<le
Holte, et ux, South 18 de=es 29 minutes West 27.98 feet to a po1nt; thence bytb9 s""",,
South 88 degree. 15 mlnutes Weet 3lD.65 feet to a post; thence by the ./llre, South 65 degrees
7 minutes West 995.8 teet to a post; thence by the same, south 22 deflI"'S' 41 minute. East
8]0.84 teet to a hickory tree; thence by the sam>, South 0 degrees 24 minutes Weet 3117.14 feet
to a stone 1n a road; thence in said road, South 60 degrees 59 mlnutee West 31~. 83 feet to a
spUre 1n said Itlad; thence by lsnclll now or rern..rly of lld:lert Kurtz, North 73 degrees 10
m1nute. West 505.87 reet to a post, thence by the sane. South 5 degree. 32 m1nutea West 73.75
reet to a po:lnt in the center line at a publlc Itlad, L.R. 2lD04; thence ala1g said cente..
l1ne, the fallowing courses end distance" North 70 <legrees 41 mlnutSll West 60.47 feet to a
point; Nortoh 82 degrees 20 minutes West 58.44 teet to a point; North 86 degrees 2 minute.
We.t 121.5 reet to a point; North. 80 degree_ 29 minutes West 63.93 feet to a point, North 70
degl'!e5 34 ndnutes West 72.3 teet to .. point; North. 61 degrees 33 mlnutea Weat 158.4 feet to
a point; North 58 degrees 38 minutes West 59 feet to a. point; North 47 degrees 13 minutes
West 50.45 teet to a point; ~rth 30 degrees 29 minutes West 49.13 feet to a point; North 17
<legrees 57 ndnutes west 47.65 reet to a po1nt; North 12 degrees 52 minutes West 539.35 feet
to a point; North 13 de!7"es 23 lI1Inutes West 326.2 reet to a point; North 18 deflI"'SS 50
ndnutes West 113.15 reet to a point; North 24 <legrees 49 minutes West 119.35 teet to a point;
North 19 degrees 49 minutes West 65.36 reet to a point; North 13 degrees 52 minutes West
140.8 teet to a pomt; North 5 degrees 52 minutes West 50.95 reet to a po1nt; North 9 de!7"es
54 minutes East 42.72 feet to a po1J,t; North 25 degrees 10 minutes Eost 54.57 feet to a point;
North 36 degree. 9 minutes East 135.95 feet to a point; North 32 degrees 33 rn1nutes East 59.3
feet to..,;qlD1rJlf;~ ,2cydegrees 36 minutes Fast 56.05 reet to a point; ~rth 10 degrees
25 minutes East 49-35 feet to a point; North 0 <legrees 33 minutes West 5q.7 feet
to a point; North 7 degrees 56 minutes West 220.1 reet to a po1nt tho Place Of
DllGINNIm. " ,
'lbe aforesaid prem1ses are described accor<l1ng to a surveyor Noel B. Smith,
fugl.s\.ered Surveyor, dated l:eeCllber 7, 1970 and contains 83.9q6 acres.
IESS that lot conveyed to Elwood 'l'. !lay and Ann E. !by. h1s wi!'e, by deed
dated l'obruary 25, 1986 and recorded :In the Office" of the ""corder at' Doeds :In
and tar Cuntlerland County, Pennsylvania. in teed !look "T", VollJl11!l 31, Page 13 end
bc1ng l'Urtbcl' described as Lot No. 2 on the F:\nal Subdivision Plan for RJos.U E.
'Iaiilor IllI3de by Stephen O. a'her, llegLstered Surveyor, dated January 11, 1986 and
recorded in Culltlel'lsnd County Plan Book ~9, Page 97.
BEING the S3lm property wlticb John F. Ooryl, Executor at the Estate of"
P.uasell E. 'Iaii10r, granted lll'ld conveyed to Paul. Dick, lotlrtgagor here1n, by deed
dated NoVentle" 6. 1987 and recorded :In the Office at the Recorder or i:Ee<ls Cor
CUll'berland COunty, Pennsylvania in !:loed 800k "An, Volune 33, Page 695.
LESS and excepting thereout and therefrom the following two .---------:...
tracts of land:
<
Tract~ 1:
...-:.:.
ALL that ccrtala l1'act of land situate ill Lower PranJd1 rd't; .
Pennliyl"aoia, ?ounded and OO=Dcd III accoPlance with II oSl1rV:"~~~land ;:nty,
Larry V. Neldlinger, P .E.R.S. dated MlIlCh 4, 2004, Rcol'ded in the Office of the r:::Order :
Deeds for Cumbedan.d CODlIty in PIIIIl. Book 88, Page 131, as foDowa, to wit:
BEGINNING at a point In the centerline of SR 402$ Old Mill Road at comer alLot No
1: thence along Lot No.1 North 79 degrees 58 minutes 18 :leCOnds East 1164.21 feet to an Iron
pIn set; thence slill along Lot No. ! North 78 <lepea 13 minutes 35 seconds east 725.60 feet to
an existing iroll pin; Thence alollS lands now or fonnerly of Dan. W. HalleJllan Nomt 62 degrees
36 mi!lutes 15 secODds East 351.99 feet to II wblte oak: tbenca atoog Illllds tIOW 01' forttle1"ly of S.
Gareth Graham South 20 degrees 34 minutes 00 seconds EasI1l6.00 feet to a point; t4hellJ:e
continuing along lands of S. Oa'reth Otaham the following Ibree courses and dhtances; (1) South
48 de8(eCS 47 minutes 00 se<:Ollds EBBt 96.6S teet; (2) South 62 degnoes 53 minntcs 29 llCConds
East 2m.15 feet; (9) South 45 degrees 32 mlnutes 26 seconds East 228.02 feel to an Iron pin;
thence South 22 degrees 32 mlnllteS 11 seconds West 23.12 feet to m Iron pin; tbcDcc along
lands now or f01tlletly of Arlington Miller South 88 degrees IS miJ11lIea 00 seconds West 307.23
feel 10 a point; thence aloog SlIIIle South 65 degrees rn minute. 00 srconds West 994.04 feet 10
an il'Oll pin set; thence stili along lands now or formerly of Arlington MiD.. So\Jlb 22 degrees 01
minute 00 seconds ElISt 830.89 feet to an iron pin; thence sill] along SlIlIle South 00 degrees 36
minules 51 seconds Wesl 63.23 feet 10 a point; then"" along lands IlDW or formcrJy of Steven
Mackey South 60 degrees 39 minutes 41 seconds Wesl 678.63 feel 10 a point; thence .tiU along
land. of Mackey Nonh 73 degrees 22 minutes 40 seconds West 178.76 feet to a point; tbeuce
South 00 degrees 32 minutes 14 stCOIIds West 71.92 feet to a polnl; !hence a1on8 centerline of
SR 4025. Old Mill Road the following 20 courses and distances; (1) Nomt 71 degrees 36 minutes
39 seconds West 45.20 feet; (2) NOlth 79 deg=s S9 minutes 01 secouds West. 48. n fefot: (3)
North 84 degmls 15 minutes 18 seconds West 46.S5 feet; (4) North 86 IIegmls 12 Jll1uutes 13
seconds West 46.8g feet; (5) North 84 degrees OS minutes 31 seoomIs IIIcst 68.35 feet; (6) North
76 degrees 48 minutes l.5 seconds West 76.77 feet: (7) North 66 degrees 04 minules 33 secODds
West 72.47 feet; (8) North 61 degrees 22 minutes 24 ;econds West 23.54 feet; (9)Nonh 60
degrees 44 minutes 35 seconds West 118.85 fect; (10) curve to the right having a radius of
220.46 (eel, an are distznce of 187.76 feet; (U)North 1111e~ 56 minutes 45 seconds West
34.51 feel; (12) North 12 degrees 16 minutes 52 seconds West 484.30 feet; (13)North 12 ""gttes
19 minutes 35 seconds West 232.63 feet: (14) North!3 degrees 51 minutes 51 seconds Wert
86.91 feet: 915) Nonb IS degrees 08 minutes 12 seconds West 64.08 feel; (16) North 18 degrees
52 minutes 10 seconds West 64.66 feel; (17) nOlth 22 ""pees 38 minutes M secOIlds Wes166.26
feet; (18) North 23 degrees 48 lllinutes 10 seconds West 87.12 feel; (19) north 15 degtces 51
minutes 20 second West 86.91 fecI; (20) North 12 degrees 56 minutes 10 seconds West 80.23
feet 10 a point the Place nfBEGINNING.
CONTAlNJNG 60.7022 acres and d.osiguated as Lot No.4. on PllI1l for Paul Dick.
,':_'-;1'1ai.l..
" .
:'~;.'
...Tract' 2-;
AU that cemin tract of Imll silllale in Lower FlJDkfonl TownslUp, CUm~&IId C01lIIIy,
pennsylVlmia, bounded and dc:Jcn'bcd in accoalancc with a plm1 plllpUDd by Lany V. Neidlinaer.
RPLS d4lc4 September 11, 1999 Ihd recorded hi the Offieo of the ll.=:ordu of Dccda far
Cumbcrlmd County III Plan baok :v <' P.p' ~ 1 u follows!
BEGINNING II . boll -..t u. CIlftlaiine or Wildwood Jl.o~ T.449 al land. no,., l)\"
formerly of .EI.,.,ood '1". 84y; 1h=nec a\oJII oanIcrllnc ofWildwoocl Ro.d. T -449 SDIIIh ~6 Ii.peel
41 minUlca 44 HCO~ WCIt 160.84 fl:Cl to. boll Nt ill centmrlftl otT-449; lhcIlca alon. 11llu!$
now Dr Fonnedy oCRobc:rt 1- KUIt>: NoIth 77 ~ 01 mlnllh:8 17 ftClItIdI Waf 330.9J (Nt to
an iron pm let; tbc:ncll aIol1l olhc:r Iaz,ds ofP.ml Dia Nonk s.s Ol;s-J. <11 milmtaJI 44 :let.:oMs
East 678.47 kct 10 an !ton ~cepostaet; thcncealcna lIIldInowDrbmr:rlYDtA.Ilobc:rtMilI~
Solllh 03 ~ 21 miDut" 06.0C0IIlII But 21.97 *' 10 ID DXilllnl bolt: Ihe1ltll aJona landa
now at funnerly atSw004 T. HI)" South 56 deJJed 41 mlnut.. 44 SaCoDrla Wl:It 25G.95 r~ Ie
an aD.I boll; thence 'lilI stollS II.ndJ of Hay South 18 deplZ! -4$ ",inDIeS 10 seconds East
114.31 feel 10 1\ bolt Jet lAc.etlterI~ of WildWOOd Road. T-449.lhel'lloe or llEGINNING.
CONT.4TN1NG 1. 713 acres and d~ u Lot No_ 3 011 PJaII for Paul DIck.
,:'B:~i~~;';~~4~6':: :~:#;:.~.? i' ~A~~: :~{~ll.')to~~~:;.'
Ii",in4'I>a'",eEil 11:14."95'-0419'..001 ... ..
Premises B:
TRAcr NO.2; ALL that certoin piece or pareel of land with the iq)n:wementa
therecn situate 1n North M1dd1eton Tcwnsh1p~ O::Iunty or Qmberland and State of
Penn6ylvan1.a. bOlllded and. descr1bed as .follows, 1;0 wit:
. BEGDftlING at stonos a.t land fonrerIy or HBrI}' Dick, IlDI of C. K. Sm'der;
ttn"lce by said l8.nda. SOuth 16 degrees 30 nI1nutes Fmt 216 perches to a white oak.
thence by the sane J Soutll 2 1/2 desrees East 6 perches to a po:1nt at PUblic. road;
trence by landB formor:l3 or Jacob A. Dick. """ of Waltsr fol!J.O)', South 71 degree.
30 mlnute. W.st 112.5 perches to a point at landa _..ly of !lUlls B. Did< now
of Ila:rry Ilonan; thence by .aid l&m. North 31 degre.. We.t 113.6 percheo to a point
corner ot l.and nOW' or foITtl2rly of William lalgi thenCQ by 8a1d lc:nis. North. 811/2
degrees East 15.1 porches; to stones; thence by sarna J . North 37 c3el11'fts West 36.7
perChes to stone in puDl10 road; thence North. 114 3//1 &3grees East 9.3 percheS to 8
point at; side of road; thence by land noW' or formerly of Albert "IhomU I North
46 31~ degrel!$ Wes~ 47 .percheo to a point a~ comer of lands fonnorlY of A. L.
BiertJCMer, row of ALI:l.reY B. Ball~dn; thencec by the same, North .. degree3 15 mtnutes
F.a~t 102. 2 ~l'C!he8 'to stone; thence by 1!Iam:!, lIbrth 80 deu;rees 30 mlnutea West
46.5 pereheo to a point; thence by the 0_. ~ 1 degree 15 m1nutes F.aot 96.S
perches to stones at laI"\dB !'omerly or Mrs. V. Penrose, nOW or P3u.1. ft. Dick,
Gr\)lltee herein; thence by sa1d lands, South 86 clegreoo East 122 perchea to s~
at 1.ancl:s l'om!:rl,y or !lArry IlI.ck, """ of O. K. Snyder, ~he Place of IlI!GINlImJ.
\. o::NTAINI!IJ 2:14 acreo !lOO 150 perobes, .met ",sauro.
BEINO tbe s..... property whtch Stella Ba1 tsell. EllIleutr1x of tM Il:stata of
Harry O1.ck I granted. 3nd ecnveyed to PaUl E. D1Ck. Jok)l'tgagor herein. by deed dated
July 2. 19.47 and recorded 1n the Ort".1c. ot tn. Recorder of meds 1'or QJTberlBnd
COll"lty. ~mayl.van1a, in t:ecd Book "OW. Vo.lurre 13. Pap 27.1.
LeSS J llOn'I:iVER a tnct or land. CCWlta1rt1nS 1.1 ac:n.ll cc::nveyed to 'D1OJrBS and
Bett~ Stewart. by deed dated Jt.ne 221 ]979 end. recorded 1n teed Book. "M", Vol\J18 28,
P_ S93.
Being known as 1100 Enola Road.
Being Parcel #29-4-311-36 & #29-4-311-30
..
0 .-' 9r,
c;;?
C e.J
;,~. 0''\ .....
-:'1 el') ::C -rl
C\"l ."
-. , -0 rn(~O;:'
"0' N 4\''\1
.r~- , ~'JO
:-:.,\, - --' ,,}~S;\
s;::-:
~ .:: ;?:.. '.. --'-:;;::::,
..J:>.. ....o'-~ ...
,.f.~ C, /_o:.,,-r'1
y. C:~ '-P. .,:.\
.-/ .'<>,
3. w 'cO
"" ..(C
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03672 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M&T BANK
VS
DICK PAUL E
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
DICK PAUL E
the
DEFENDANT
, at 0014:20 HOURS, on the 15th day of Auqust
2005
at IRWIN, MCKNIGHT & HUGHES
60 W. POMFRET ST
CARLISLE, PA 17013
by handing to
DOUGLAS MILLER (ADULT IN
CHARGE)
a true and attested copy of NOTICE
together with
COMPLAINT IN MORTGAGE FORECLOSURE
and at the same time directing His attention to the contents thereof.
Additional Comments
SEE ATTACHED ACCEPTANCE OF SERVICE FORM
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
4.00
.00
10.00
.00
32.00
i.- ;;~~'
08/16/2005
GOLDBECK, MCCAFFERTY, MCKEEVER
Sworn and Subscribed to before
me this '1~ day of
Sr
By:
1/ ~/;f~A
Deputy'Sheriff 7
Acceptance of Service
I accept the service of the ~1iMAf'
(on behalf of "tawl e. ~~ck-
certify that I am authorized to do so.)
g !fslos
Date I I
(90 W~f P~<~I
Mailing Address -
~
and
~$ Al&-
Author' ed Agent
Cu-fi,'i;.k. 7*J /'70//1
(
..-~ '\.
1
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 Mellon Independence Center
701 Market Street
Philadelphia, P A 19106-1532
215-825-6321
Attorney for Plaintiff
M&T BANK S/B/M FINANCIAL TRUST CO.
PO Box 840
Buffalo, NY 14240-0840
IN THE COURT OF COMMON
PLEAS
Plaintiff
vs.
of Cumberland County
PAUL E. DICK
(Mortgagor(s) and Record owner(s))
1100 Enola Road and 671 Old Mill Road
Carlisle, PA 17013
No. 05-3672
.1'
..
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs
only.
tfJIr~-
JOSEPH A. GOLDBECK, JR., ESQUIRE