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Home My WebLink About05-5266 GOI...DBE,CK McCAFFERTY & McKEEVER BY: JpSEPH A, GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN '\" Mortgagors and Real Owners 307 E. Marble Street Mechanicsburg, PA 17055 \, ;\~ ACTION OF MORTGAGE FORECLOSURE Term DS' -S-2'-b C{~~ l CIVIL ACTION~ORTGAGE ~ FO'RECL08URF Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Li berty 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 EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE US TED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE US TED 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 P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FA YOR,D~L DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE E~T A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE US TED PUEDA PERDER DINERO, 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 PAGARLE A UN ABOGADO, E-STA 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, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call the following number: 717~243-9400, 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (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 Beth 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-0848. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE " 1. Plaintiff is M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE, PO Box 840, Buffalo, NY 14240-0840. 2. The names and addresses of the Defendants are FREDERICK M. ESHLEMAN JR., 307 E. Marble Street, Mechanicsburg, P A 17055 and BECKY S. ESHLEMAN, 307 E. Marble Street, Mechanicsburg, P A 17055, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On October 07,1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1489, Page 36. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1 019(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" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for] une 01, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 05/0112005 through 10/31/2005 at 7.6250% Per Diem interest rate at $24.67 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 06/01/2005 to 10/31/2005 Monthly late charge amount at $59.29 Costs of suit and Title Search Escrow Monthly Escrow amount $279.99 $118,080.18 $4,539.28 $5,904.01 $296.44 $900.00 $409.17 $130,129.08 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above maybe less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiffis entitled to collect Attorney's fees of up to 5% of the remaining principal balance 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. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Noti,ce of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has . been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 ofthe Commonwealth of Pennsylvania, on the date( s) set forth in the true and correct copy of such notice( s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terrisjudgment in mortgage foreclosure in the sum of$130,129.08, together with interest at the rate of $24.67, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the MOligage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: b~jQfI!tff McKEEVER By: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF 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: ! 1J "(- tJ -S- ~) /l _ ~ 1/ Diana . ~ot~son M&TBANK --,.,. P,~lii6it .Jl FROM :LIENS&THINGS FAX NO, :7172843304 Mar, 15 2005 04:32PM P5 MaT" 15 [IS 02:[llP.. f>.S ....,""'... r~!J2J~~~'- Eo. t~ W^~II.IM'f "~IID -1111 -;;;'_-';;;-="~;-;;? ~ -0'8- ~... ., 'MIltS ~~eb, M.AIf............,..~. "' no'''''' I~L'~ .\ . ,::\5 ,., .~':ll _i' Iil!O~'tc.F.ll OF' bfEllS e~'u.EEl~l.\lI~ COUI/H- PI. CG~" "'_altoN. __-_ '.911 JUl. 1:1 f'rl 2 31 MADE Ihe \~~\-, day of .111nn in tile year nlllol~n hllnl\rCll and ninety-.(our (1991\). BETWEEN 1'lJl.nF'f.1l If, E~n'el, lltdoll, 01' nllChol\lr.r,bllro, CUllberlMd C",...I)', PannJYlvanl., l.uty u1 Ih<' Hr~t. Pllrt.~ hnrl!ina1ter r"f~rrfd lD n 11'8 Ufll\UI \I~ IIIJD I'RllDllftlCK HhIl'" I<:SHI.I!ttAII ;lR. and !lECn 5. :asULIlH.A!l, ,....ban" an" "Hit, ~1 O'lI~D\'ro. '"rk Caunlr. 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Box 12R8 Buffalo, NY 14240-1288 rm M&rMortgage Corporation A~o(Wf18d: 08/08i2005 Certified No.: 71826389306006581139 Becky S Eshleman 307 E Marble St Meehaniesburg. I' A J 7055 HOMEOWNERS NAME(S): 8ecky S Eshleman frederick M Eshleman PROPERTY ADDRESS: 307 E Maro1e St MechaniesbUrg. PA 17056 LOAN AOCT NO: 000&8&1478 CURRENT LENOERlsERVICER: M&T Mortgage Corporation HOMEOWNER'S EMERGENCY J\lORT(~AGE ASSISTANCE PHOGRAM YOU ]\fAY BE ELIGIBLE FOR FIN ANCIA L ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKJ<: FUTURE MORTGAGE FA YMENTS rF YOU COMPLY WITH THE PRO\llSIONS OJ<' THE HOMlmWNER'S J<:MERGENCY MORTGAGE ASSIST ANCE ACT OF 1983 (THE" AC1"), YOU MA Y BE ELIGIBl.E FOR EMERGENCY MORTGAGE ASSISTANCE: IFYOUR DEFAULT HAS BEEN CAUSfDBY CIRCUMlioTANCES DEYOND YOUR CONTROL, IF YOU HA VJo: A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGI( PAYMENTS. AND IF YOU MEET OTHER ELIGIHlLITY REQUCREMENTS ESTABLISllF.D BY THE J>E:'iI"NSYLVANIA HOUSINe; FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE .- Under the Act, you arc e'lltitled to a temporary stay of foreclosure on your mortgage for thirty (30) days froll! the date of this Notice. During that time you musr arrange and attend" "face-to-lac"me<:ting with one ufthe consume'! credit counseling agencies listed ar tbe end of this Notice. IHUi ME~;TING MUST OCCUR WITHrN THE NEXT (30) DAYS. IF YOU DO NOT AFPL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PARTOFTHIS NOTICE CALl.ED"liOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CR~:[)IT COUNSELING AGENCIES -- Ifyoll meet with one of the consumer credit counseling agency listed at the end of this notice, the Icn~er may NOT take action against you for thirty (30) days after the date of this meeting. The names, address", aod telenhooe mlmbers of uesillnated consumer credit euunseline alleneies for the counlY in which the oronertv is locate<.l are set forth althe end o(this Notice. It j~ only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. 1800/24 1633 ell/respondence. PO. Box 840, Buffalo. NY 14240,0840 paymenrs. P.O, Bex 62162, BaltimCl"e. MO 21264.2182 Mortgsge 8CCOiJnt information,just a click away. www.mandtmortgage.com \1&T Mortgage Corp. P.O. Box 12R8 Huffalo. NY 14240.1288 Pm M&rMortgage Corporation AStbM:lWtdaMIe.r* 08/08/2005 Cel1ilied Nu.; 71826389306006581122 Froderick M Eshloman 107 E Marble St Meehaniosburg. PA 17055 HOMEOWNERS NAME(S): F~ederlck M Eshleman Becky S Eshleman PROPERTY ADDRESS: 307 E Marble st Mechanlcsburg, PA 17055 LOAN ACCT NO: 0009SIU~71 CURRENT LENDER/SERVICER: MAT Mortgage Corporation 1I0MEOWNER'S ~:MERCENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FI:-.lANCIAL ASSISTANCE WHrCH CAN SAVE YOUR HOME FROM FORECLOSURE Al':D HELP YOU MAKE ....UTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIIR PROVISIONS OF THE HOMEOWNER'S EMEIWENCY MORTGAGE ASSIST ANCE ACT OF 1983 (THE" ACT"), YOU MAYBE ELIGIBLE "'OR EMERGENCY MORTGAGE ASSrSTANCE: IF YOUR URFAUL T HAS 8~:EN CAUSED 8Y CmCUMSTANCES BEYOND YOUR CONTROL. lF YOU HAVE A REASONABLE PROSI'ECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIDIUTY REQUIREMENTS ESTABLISHED BY TJlE PENNSYLVANIA HOUSING FINANCE AGE~CY. TEMPORAllY 5T A Y OF FORECLOSURE -- Under the Act, yoo are entitled lu a temporary <Illy of foreclosure on your mOl1gage for thirty (30) days from the dale of this Notice. During that time you mU"llltTllllge and attend II "fa",,-ro-tac:' 'meeting with one of the conSUmer credir couruJeling agencies listed III the end ofthis Notioe. ~ MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MOI<TGAOE ASSISTANCE, YOU MUST /llaNO YOYR MORTGAGE UP TO DATE. THE PART OF TlI1S NOTICE CAI.I.ED"HOWTO CURE YOUR MORTGAGE DEFAULT" EXPI.AINS HOW TO BRINn YOUR MORTGAGE UP TO IlATE, CONSUMER CREIlIT COUNSELING AGENCIES - Ifyoo meet with one oflhe consumer credit counseling agency listed 111111< end ofthi.~ notice, the lender may NOT take ..clion against you for thirly (30) days after the dale of this meeting. Tho nllmes addreSlle< and leleohone nu",be" of d"'lii2nated consumer eredit cOUIlStlinE altencies for the counlv in which the nrODerlv is located are set [oM at the end of this Notice. It is only neeessury 10 schedule one faee-lo-fllee meeting. Advise your lender immediately 01 your intentions. 1 800724 1633 Correspondence - P.O. Box 6010. Buffalo. NY 14240.0840 Paymonts - P.O.llox 82182. Baltimore, MO 21264-2182 Mortgage account Infomla'ion.ju.sf a click away. www.l11andtmortgage.com A PPLlCATTON FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the rcasons set forth later in this Notice (see following pagcs for specific infonnation about the lIarnre of your default.) lfyou have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowncr'sEmergency Mortgal\e Assistance Program. To do so, you must fill out. sign and /He a completed llameo",ncr'. Emergency Assistance Program Application with one of tile designated consumer credit counseling agencies listed at thc end oftllis Notice. Only consumer credit counseling agencies have applications for lhe program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your applicahon MUST be fikd or postmarked within lhitty(30) days of your face-to-face meeting. YOU ~ FILE YOUR APPLlCA TlON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TlME PERIODS SET FORTH IN TlIIS LETTER, FORECLOSURE MA V PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAm: ASSISTANCE WILL BE DENIED, AGENCY ACTlON.- Availablc funds I"r emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Fillance Agency has sixty (60) days to make a decision aner it receives your application. Durinl\ that time, nu foreclosure proceedings will be pursued aguiost you if you have mel the time ICquirements sc~ forth above. You wit! be llotified directly by the Pennsylvania I lousing Finance Agency of its decision on your application. Non;: IF YOU ARE CVRR~;NT.LY PROTECTED nv TIlE FILING OF A P~:TITlON IN RANKRUPTCY, THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONL V AND SHOlTLD NOT. /IE CONSIDF.RED AS AN A TIEMP'r TO COLLF.CT THE DEBT. (If YOll bave filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! It up to date). NATURE OF TilE DEFAULT --The MORTGAGE debt held by the ahove lender on your property located at: 307 E Martll e St Mechanlcsburg, PA 17055 IS SERIOtiSL Y IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following munths and the following amUUltts are now past due: Regular paYMents of $1185,87 tor the MOnths of 06/01/2005 through today's date: Other charg..: Accrued Late Charges: Accrued Other Charge. TOTAL AMOUNT PAST DUE: $ $ $ $ 3557.91 90.BO 1/.00 38117.51 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS ofthe date of this notice BY PA YING THE TOTAL AMOUNT PAST nUE TO rHE LENDER, WHICH IS $3657.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE THIRTY {30) DAY PERIOD. Pavmcnts must be made either hv cash. cashier'seheck. certified check or moncv order made pavable and sent to, M&T Mort&age COrporll!ion One Fountain Plu:. 17th Floor Attn: Payment proee.sing Buffalo, NY 14203 You can cure any other default bv lakilla the tOllowina action within THIRTY 00} DAYS of the uBte ofrhis letter. IF YOU 00 ",or CURl': THE DEFAUtT--lfyou do not cure the default within THrRTY (3D) DAYS "fthc uate of this Notice, the lender Intend. to exercise It. righl$ to a<<elerate the mortgage debt. This means that the entire outstanding balance oflhi. debt will be considered due immediately and you may lose the chance to pay tlte mongagc in monthly tnstallments. lffullpaymellt of the total umollntr>ast due is not made within THIRTY (30) DAYS. the lender also intends tu instruct its attorneys to start legul action to foreclose upon your mortltaeed property . 18007241633 CuncspOndenC<! . P.O. Box 840, Bullalo, NY 14240-0840 Poyments - P.O. Box 62182, Baltimore, MD 21264-2182 Mortgag/l Bccounl informal/on, JUS' .a dick _way. WNW.mi';lf1dtmortgage,com IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sherifflo pay olT the mortgage debt. ]1' the lender refel1l your ca.e to its altomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will stilt be required tu pay the reasonable attorney's fecs that werc actually incurred, up to S50.00. However, if legal proceedings are !ttMted against you, you will have to pay all reasonable attorney's fees actually ineum:d by the lender even iflhey elleeed $50.00. Any attorney's fees will be added to the amounT you owe the lender, which may al"" include othct reasonable costs. Ir "0\1 cure the default within the THIHTY (30) UA Y period, yuu will not be required to pay aUorney's fees. OTIlER LENUER REM~~DIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ReGHT TO CURE THE DEFAULT PRIOR TO SHImIFF'S SALE -- If you have not curcI! the defaull within the THIRTY (30) DAY period and foreclosure proceedines have begun, you still have thc right to cUre the defaull ami prevent the sale at any time up to one hour before the Shcrjf'f'sSalc. You may do so by paying the total amount then pasl due, plus any laTe or other charges then due, reasonable .lloroey's fecs and cost.. connected with the for~closure sale and any oLher cost. connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under thc mortgage. Curine your default In Ihe manner set forth in this notice will restore your mortgaee to the same pusition u if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SAU: DATE .-It i. ~stimated that the earliest dale that such a SheriffsSale of the mOltg.ged property could be held would be approl<imately to months from the dale ohbls Nutiee. A nut ice of the actual date oflhe Sheriffs Stile will be sent to you before the sale. Of course, the amuunt needed to cure the deftlull will increase the longer you wait. You may find out at any timc cxactly what tlte requircd payment or action will be by contacling the lender. HOW TO CONTACT TIlE LENDER: Name of Lender: M&T Mortgaj\e Corporation Address; P.O. Box 840 Buffalo, NY 14240 Phone Number: (800) 724-1633 E"'FECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continuc to live in th~ property aller the Sheri/I'sSale, a law.uit to removc you and your furnishing. Ilnd other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or ~ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all Ihe oulslanding payments, cbarges Ilnd attorney's fcos and eo.t. ure paid prior to or at thc sllle and that tlte other requirements of the mortgagc Ilre satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO Pi\Y OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM Al-:OTHER LENDING INSTITUTION TO PA Y OFF TIfIS DEBT. TO HAVE THIS OEF"AULTCURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VB TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT A NY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ~ ~ J{l....:. '}1. Russell M. Alessi Jr. Collections Manaller Ene; Ael9J Notice Consumcr Credit CnWl.clillg Agencies SeIving Your COWlty 18007241633 Correspondence. P.O. Box 840, Buffalo. NY 14240-0840 Paymenl> - P.O. BOl< 62182. Baltimore. MD 2t2l:)4.2182 Mortgllge flCCO<JnJ Information. just a click away. www.mandlmorlgaya.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official n<ltiw that the mortt!al!e on vour home is In default. and tlle lender intends to foredose, Spetifie informlllion about tbe nature oft"e default is nrovided In the attached Dalles. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM fHEMAP) mllv be able to help to save your home. This Notice uplains how tbc DrOl!ram works. To see If HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WJTH1N 30 f)AYS OF THE DATF. OF THIS NOTICE. Take this Notice with vou when vou meet witb the CounscUnl! Al!encv. Tho; name, address and ubooe number of Consumer Credit Coun.clin!! Al!eneles servin!! your ConolY lire listed at the end ohhis Notice. lfvou have any /lueations, you maY call the Pennwlvanla Housin!! Finance Al!encv loll free 1I11-800-342-2397.(Penons with imuaired hearin!! can call (717) 780-1869). This Notice contain. Important legal information. rfyou have any questions, represenlllrt..es at the Con~umer Credit CORnoding Al:eney may be able to help explain It, You may alsu want to coutatt an attorney In your area. The l<>eal bar assoclatiun may be able 10 help you find a lawyer. LA NOTlFlCACION EN AD.JUNTO ES I>E SUMA IMPORT A NCIA, PUES AFECl'A SU DERECHO A CONTlNUAR VlVrENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO Dlo~ EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDCT AMENn: LLAMANDO EST A AGENCIA (PENNSYLVANIA IJOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRffiA. PUEDES SER Io:LECIBLE PARA UN I'RESTAMO POR EL I'ROGRAMA LLAMADO "J/OMEOWNEU'S EM.Io:RGENCY MORTGAGE ASSISTANCE PROGRAM" EI. CUAL PUWE SALV AR SU CASA DE LA Plo:RDJDA DJ,L DERECnO A REDIMIR SU llIPOTECA. 1 800 724 1633 COfTllsp<Jn</8f1(;tt - P.O. Box 840, Buffalo. NY 1424Q-0840 Payment.. P.O. Box 62162. Baltimor&, MD 21264-2182 M<xlgsg9 accounJ informatJon,jv.! a click ,way. www.mandlmor1Qege.com ,....., Ci C) c.:.::) 'C~:_l -on -6,. c".., ~ C~) G ~ (- .) r::? -1 i 1 } G\ Co () -a -;. L -"" ~.n '- ~~'- (S- (.v -u ~ ~ ("""") ~ '1..;...) V) ..t:: ~ ~ --0 ~ ---.z- . SHERIFF'S RETURN - REGULAR CASE NO: 2005-05266 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERIK M JR ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESHLEMAN BECKY S the DEFENDANT , at 1638:00 HOURS, on the 10th day of October 2005 at 307 E MARBLE STREET MECHANICSBURG, PA 17055 by handin,) to FREDERICK M ESHELMAN, HUSBAND 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 .00 .00 10.00 .00 16.00 ..,""( ; ~/' .' '1 );;:-~4-'}.-'~;~,'""~'e~_ / -","" ,,r~,;'~>;.:/ _~l"':~4.:~~;';'-'~ R. Thomas Kline 10/11/2005 GOLDBECK MCCAFFERTY ~!CKEEVER Sworn and Subscribed to before By: ~~ )T7 - , eputy Sheriff me this ,,13- day of ~- (3 ~ Prot y A.D. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05266 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERIK M JR ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESHLEMAN FREDERICK M JR the DEFENDANT , at 1638:00 HOURS, on the lOth day of October ,2005 at 307 E MARBLE STREET MECHANICSBURG, PA 17055 by handin,J to FREDERICK M ESHELMAN 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: 18.00 9.60 .00 10.00 .00 37.60 ?/~~~~J' R. Thomas Kline 10/10/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: 4~y~ - . Deputy Sheriff me this A.D. day of c;OUJn!;CK ,lcCt\FITRTY & MeKITVER BY: Joseph !\. (;oldbeck, .II'. ,\norney 1.D. tt1613=: Suite 5000 - Mellon Independence Center 70 I Market Strcel Philadelphia, I' A 19106 215-627-1322 Attorney for Plaintiff M&T BANK SH!M KEYSTONE NATIONAL BANK TA KEYSTONE fiNANCIAl. MORTGAGE PO B,).'i. ~40 ButIalo, NY t4240-0R40 INIIIE COURT OF COMMON PITAS of Cumberland ('Olllll)' Plaintiff VS. CIVIL ACTION LAW FREDERICK M. ESHLEMAN .IR BECKY S. ESHLEMAN (Mortgagor(s) and Record owner(s)) 307 E. Marble Street Mecbanicsburg. PAl 70SS ACTION OF MORTGAGE FORECLOSURE Dl::fendant{s} No. 05-5266 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T BANK S/B/M KEYSTONE NATIONAL I3ANK T/A KEYSTONE FINANCIAL MORTGAGE, and against FREDERICK M. ESHLEMAN JR. and BECKY S. ESHLEMAN for failure to file an Answer in the ahove action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $132,238.50. / ;' I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T BANK SII3/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE PO 130x 840 I3nffalo, NY 14240-0840 and that the name(s) and last known address(es) of tile Defendant(s) is/are FREDERICK M. ESIILEMAN JR., 307 E. Marble Street Mechanicsburg, PA 17055 and BECKY S. ESHLEMAN, 307 E. Marble Street Mechanicsburg, P A 17055; I'-- --,----..---- K McCAFl'ERTY & McKEEVER BY J seph A. Goldbeck, Jr. Attorney for PlaintitT ASSESS"""T OF D.\\L\CFS TO THE PROTI [ONOrARY: Kindly assess the damages in this case tp be as fulh1\\'s: Principal Balance $1\8,080.18 Inlercst from 05,""0 I 2005 through 12,,'2Ri2005 $5.970.14 Reasonable Attorney's Fee $5,904.01 Lalc Charges $4\5.02 Costs of Suit and Title Search 5900.00 Escrow Babncc DefIcit 5969.15 $132238.50 cCAHERTY & McKFEVER BY: .las ph~. Goldbeck. Jr. Aftomc - r Plaintiff AND NOW, tbis day of , 2005 damages are assessed as above. _~,,!/ii9d ____ pro~~T VERIFTCATION OF NON-MILITARY SERVI' The undersigned, as the repres'2ntati ve for the Plaintiff corporaticn within n"rned do hcrc'bYIer tfy that 1: 'lm out-Lor i zed to makc; this 'IF:'rif: '~li.l(;,n c.~n bch,].lf of \:..\"'.2 P}aint -.r COrT()[,=:lci(-:-;,n ,e" 1 .,.; fa;~t3 3e~j~ l8rlh l: t~jC f u~!::")']cj. nq c.cifi 'i.1L.L n (;'j Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subj ect to penal ties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, BECKY S. ESHLEHF,N, 1:3 aDCllL UrlKLO'.-.,';j year:'3 (i [ a'J:2, \..tici \_ U~:::;t'2nJunt' '- I. ..,. .i..;j 0 :leV,,'ll residence is 307 E. Marble Street, Mechanicsburg, PA 17055, 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 l\.llies, or other,'l.ise h~i thi n the provisions of the Soldiers' and Sailors ' Civil Fe lie f 1\ction of Congress of 1940 and its Amendments. Date:; : VERIFICATION OF NON-MILiTARY SERVICE The undersiCfned, as the representa:ive for the Plaintiff -'n2::"purat.icn 1,'Jithin named do hereby \/cLit'I that L ,:irn (Jl,lt.hcrizcd +-(i m(;~k.:::: thl.s \JerifLc2~ 1')0 on b(:~h;:\l.f Of thf? Pl'Jint~f\ cc;. c-,c'.y;:r~_(:;"l 1.[' i trc-;:l',_ r_t-~;~, tacts ~-:; [ tor L_h lrJ t'n~::: ::.C (-'-::'~J :J2..nq 'Jer l l\~:,:~ Non-Military Service are true and correct to the best of my knowledCfe, information and belief. I understand that false statements therein are made subject to penalties of 18 Fa. C.S. 4904 relating to unsworn falsification to authori~ies. 1. That the above named Defendant, FREDERICK M. ESHLEMA.N r '- ~ UL'. , :~ dbout~ l~nknol.'\:l-l years or d'J<2, ~-~~~,~:.c_ DeI~~r:.daIlt. r s lasL :<:l<,J,,.-,r, residence is 307 E. Marble Street, Mechanicsburg, FA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or NavaJ Service of the United States or its Allies, or other'~ise '"ithin the provisions of the Soldiers' and Sai.lors' Civil ReI ief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County ~d& I' [L\:-.JK S;[3;M KEYSTONE NAT[ONAL BANK T A KEYSTONE FINANCIAL MORTGAGE PO Box R40 Buffa[o, NY [4240-0R40 Plaintiff VS. FREDERICK M. ESHLEMAN JR, BLCKY S. ESHLEMAN (\Iortgagor(s) alld Rccord OWllcr(s)) 307 E. Marble Street i\lcchanic:,burg, PA 17055 No. 05~5266 Dcfcndant(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 OBTA[NED FROM YOU W[LL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Ellter the Judgmellt in favor of Plaintiff and against FREDERfCK M. ESHLEMAN JR. and BECKY S. ESHLEMAN by detault rc" want of an Answer. Assess darnagcs as l'ollows: $ I32.23R.50 Debt Interest - 05/01/2005 to f2/lR/2005 Tota[ (Assessment of Damages attached) I CERTU'Y THAT ~'OREGOlNG ASSESSMENT OF DAMAGES [S FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE [N THE COMPLA[NT AND [S CALCULABLE AS A SUM CERTA[N FROM THE COMPLA[NT. I certify that written notice of the intention to tile this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and least ten days prior to the date oflhe filing of this praecipe. A copy of the notice is attached, R.CP. 237.1 Josepb AHa y or Plaintiff ID I 32 AND NOW , Judgment is entered in favor of M&T BANK S/B/M KFYSTONE NATIONAL BANK T/A KEYSTONE fINANCIAL MORTGAGE and against FR[DER[CK 1\.1. ESIII.I::MAN JR. and BECKY S. ESHLEMAN by def~tlIlt for want of an Answer and damages assessed in the sum of $ \J2,23X.50 as per the above certification. /I ~1i':iF? ~ _ prot~;ary. '%1 Rule ofCi\'il Procedure No. 236 -- Revised IN TilE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T BANK SIBM KEYSTONE NATIONAL BANK T/A KEYSTONI-, FINANCIAL MORTGAGE PO !lox 840 Bulbh NY 14240-0840 Plaintirr No.05-526() VS. FREDERICK M, ESHLEMAN JR. BECKY S, ESHLEMAN (Mortgagors and Record Owner(s)) 307 E Marble Street Mechanicsburg, PAl 7055 Defendant( s) TIllS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OLR CUE:>IT. ANY II'iFORI\IATION OBTAI:>IED F!{OI\I YOll WIl.L BE USED FOR TilE PLRPOSE OF COLLECTIi\G THE DEBT. NOTICE Notice is given that a judgment in the above~captioned matter has been entered against you. Curt Long ::"'O""'7)~ De If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-0848 'rIllS 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: November 2, 2005 TO: BECKY S. ESHLEMAN 307 E. Marble Street Mechallicsburg, P A 17055 M&T BANK SfB/M KEYSTONE NATIONAL DANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY ] 4240-0840 In the Court of Common PIcas of Cumberland County CIVIL ACTION - LAW Pl(fitlliff YS. Action of Mortgage foreclosure FREDERICK M. ESHLEMAN JR BECKY S. ESHLEMAN (Morrgagor(s) and Record Owner(s)) 307 E. Marble Street Mechanics.burg, PA \1055 Tenn No. 05-5266 Defendant(s) TO: BECKY S. ESHLEMAN 307 E. Marble Street Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH TIlE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITIlIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. If YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TlIA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 JrvineRow Carlisle, PA 17013 7 J 7-243-9400 CUMBERLAND COUNTY BAR ASSOCI^ TION 2 Liberty Avenue Carlisle, PA ]7013 GOLOBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 70t Market Street Philadelphia, PA 19106 215-627.)322 MT-0848 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: November 2, 2005 TO: FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Meehanicsburg, PA 17055 M&T BANK 8/BIM KEYSTONE NATIONAL DANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Outfalo, NY 14240-0840 In the Court of Common Picas of Cumberland Counly CIVIL ACTION - LAW Plaintiff YS. Action of Mortgage Foreclosure FREDERICK M. ESHLEMAN JR. BECKY S. ESIILEMAN (Mortgagor(s) and Record Owner(s)) 307 E. Marble Street Mechanicsburg, PA 17055 Tonn No. 05-5266 Defe1l{iant(s) TO: FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Mcchanicsburg, P A 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACf WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OllIER IMPORTANT RIGHTS. YOU SHOULD TAKE TIUS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIDLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMilERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia,PA 19106 215-627-1322 0 '-n 4 c_ :::! --._'1 ;;1 ~ (J ~ , ~ ""';J '" () -i":,> --- ~~ -. . .. -.J .c ""'" r~.:, 1;1 <<:. c :2- ,.() ~ C"'i <:::> I;' "-l """ '>l- ~ " ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3 I ~O-3183 Joseph A. Goldbeck Jr. Atlomcy 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia,PA 19106 215-627-1322 Atto11ll.:Y f~)r Plaintiff M&T BANK SB/M KEYSTONE NATIONAl. BANK 1.\ KFYSTONE F1NANCL\L MORl (i.\CiE PO Box 840 Bullalo, NY 14240-0840 IN TIll COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN Mortgagor(s) and Record Owner(s) ]07 E. Marble Street Mcchanicsburg. P A 17055 ACTION OF MORTGAGE roRECLOSURE No. 05-5266 Defendant(s) PRAECIPE .'OR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue \\/rit of Execution in the above matter: Amount Due $132,23~.50 Interest from 05/0 1 /2005 to 12/n/2005 at 7.6250o/;f (Costs to be added) K McCAFFERTY & McKFEVER BY: .10 C 1 ^. Goldbeck, Jr. Attorne; for Plaintiff BEGINNING at a point on the Northern side of East Marble Street extended, said point being one- hundred seventy-tive (175) feet measured along the Northern side of East Marble Street extended in an Easterly direction tram the Northeast corner of East Marble Street extended and the lower Sheperdstown Road; thence along property now or late ofJ.L. Blauser Jr. and Kathleen Blauser, his wife, in a Northerly direction one hundred tifty-nine (159) feet to a tive (5) foot easement reserved for public utilities; thence along said tive (5) ti,ot easement in an easterly direction tiny (50) feet to property now or late of Paul T. Shearer, and Violana Mae Shearer, his wife; thence along said property now or late of Paul T. Shearer and Viola Mae Shearer, his wife in a Southerly direction one hundred tifty- nine (159) feet to the Northern side of East Marble Street, extended, thence along the Northern side of East Marble Street, extended in a Westerly direction tiny (50) feet in the place of BEGINNING ~ ~ ~ ~ ~ '-- r0 c> ~ C':1 ~ "'" c.::;' " <::>, '- ~ :,:.;1.... ~ --t:I - , ~~, ~ ~ ~ ~ v-., V"f 14 -;0-.1 ?-'~ rnf...::' ~ E;'\ v, - ., 'd Q r:c; ~ <c> 1 r- <::l ~ <:) 0 ~ I> ~ Q '" \.D ! '::, ~ ~ --;:, -~,':) r 'i-\... ~ 9..:) I") - f> -...! ..c. "'~ Cl .L :::t::, C) ~ ~ .......... ~ -.J "",--r::-- ~ I::l "I. ~ '-1 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5266 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK S/BfM KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE Plaintiff (s) From FREDERICK M. ESHLEMAN JR. AND BECKY S. ESHLEMAN (I) You are directed to levy upon the property of the defendant (sland 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 attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and ii-om delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$132.238.50 Interest from 5/1/05 to 12/28/05 at 7.6250% Atty's Comm % Atty Paid $125.60 Plaintiff Paid Date: January 9, 2006 L.L.$.50 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: 701 Market Street Suite 5000 - Mellon Independence Center Philadelphia P A 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court 1D No. 16132 - """\ "~ , "'.~", 1 (;"idhcck McCalleny &. McKcever !{\': Jn~,-'!,h ;\. (jl)ldhcck, Jr. Attorney I.D.1I16132 Suite 5000 Mell"n Independence Center 70 I Market Street Phdadclphia, PA 19\06 215-627-1322 Attorney lor Plaintiff M&T BANK S:n!M KEYSTONE NATIONAL BANK TiA KEYSTONE FINANCIAL MORTGAGE PO Box ~~O Ilumd(l. c;Y 1~2-J0-OS-J0 INTI IE COURT OF COMMON PLEAS of Cumberland CounlY Plaintiff vs. CIVIL ACTION - LAW FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN (Mortgagor(s) and Rccord Owner(s)) 307 E. Marble Street Mcehanieshurg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 05-5266 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCiAL MORTGAGE. Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the dale the praecipe for the writ of execution was filed the follo\ving infomlation conceming the real property located at: 307 E. Marble Street Mechanicsburg, PA 17055 I.Name and address of OVt'ner(s) or Reputed Chvncr(s): FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Mechanicsburg. P A 17055 BECKY S. ESHLEMAN 307 E. Marble Street Mechanicsburg, P A 17055 2. Name and address or Detcndant(s) in the judgment: FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Mcchanicsburg. P A 17055 l3ECKY S. ESHU.MAN 307 E. Marble Street Mcchanicshurg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELA TlONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMFNT OF PUBLIC WFLFARF ~ [lureau of Child Support FnllJITemcnt I kalth and Welfare Bldg. ~ Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 4. Name and address of thL last recorded holder of every mortgage of record: RESIDENTIAL FUNDING CORPORATION ONF MERIDIAN CROSSING STE 100 MINNEAPOliS, MN 55423~3940 ). Name and address of every other person who has any record interest in or recClfd lien on the property and \vhose interest may be atkcted 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 aHected by the sale, 7, Name and address of every other person of whom the plaintiff has knov..rledge who has any interest in the property \vhich may be affcclt::d by the sale. TEN,\NTSOCCUP ANTS 307 F. I\.Iarble Street Mechaniesburg, P A \7055 (attach separate sheet if more space is needed) I verify that the statements made in this atlidavit are true and correct to the best of my personal knowledge or information and belief [ understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. GOLDBEC BY: Josep Attorney t cAFFERTY & McKEEVER Goldbeck, Jr., Esq, ">laintiff D,\ TED: December 28,2002 1'<) ~-::;. 0 c-~ fJ"'~ -TI ~.- :::::1 _r,~ .. c.. , \..0 ;"...) '-" -, -, ~:'~ C'l O)-)2()() GOLDBECK !\IcC\FFERTY & McKEEVER BY: Jo~eph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- l\/ldlon Independence Center 70 I Market Street Philadelphia. PA 19106 215-627-1322 A/lorl}L'Y for PbilllilT M&T BANK S/B/ivl KEYSTONE NATIONAL Il\NK T /\ KEYSTONI': FiNANCIAL \101' {(iNiF PO Box 840 ButTalo, NY 14240-0840 iN TIlE COURT OF C()\l\lO"! PIl /\S of Cumberland County Plaintiff CIVIL ACTION - LAW vs. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN l\Iort(.:agor(s) and Record Owner(s) ACTION OF MORTGAGE rORECl.oSURE 307 E. Marble Street Mechanicsburg, PA ] 7055 TL'nn No. 05-5266 Defendant( s TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEllT, TIIIS NOTICE IS SENT TO YOlllN AN ATTEMPT TO COLLECT A DEBT, ANY INFORI\IA T10N OBTAINED FROM YOll WILL BE l'SED FOR THAT PlIRPOSE, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO/ ESIILEMAN JR. FRUJERICK M FREDERICK M. ESHLEMAN .JR. 307 E. Marble Street Mechanicsburg, PA 17055 Your house at 307 E. Marble Street, Mcchanicsburg, P A 17055 is scheduled to be sold at Shcrift1s Sale on \Vednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL COllrthollse to enrorcc the court judgment 01'$132.238,50 obtained by M&T BANK S/B/M KEYSTONE NATIONAL RANK T/A KEYSTONE FINANCIAL MORTGAGE agamst you. NOTICE OF OWNER'S RIGHTS YOIi MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE 1'0 prevent this Sherift\ Sale you must take immediate action: I. The sale will be cancelled iryou pay to M&T BANK S/B/M KEYSTONE NATIONAL BANK 'I 'A KEYSTONE FINANCIAL MORTGAGE, the back payments. late charge" eo,ts and rea,onable attorney's fees due. To find out ho\v much you must pay call: 215-627-1322 05-52('() 2. Y (ILL may be able 10 stop the sale by filing a pdition asking the ('purt to strike or open judgment. if the judgment was improperly entered. Yau may Clbo ask the Court to poslpullc the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Y Oll Illay nc...:d an attorney to assert JOOUf" rights. The SOOller YOLl contact onL'. the l1lllrc chaneI..' you will have of stopping the sale. (See notice below 011 how to obtain an attorney). YOl' \1,\ Y STILL BE .\BLE TO SAn: YOCR rROI'ERTY .\NIl YOll 11\ VI<: OTIIER RIGIITS EVE'IIF Till' SHERI FE'S S\LE 1l0FS MlT TAh:F PLVCE. I. If the Sheriffs Sale is not stopped, your property \vill be sold to the highest bidder. Youlllay fInd out the price bid price by calling the Sherin. 01" 7 17-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has hnppencd. you may call the Sheriffof7 1 7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff: you will remain the O\vner of the prnperty us if lbe 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 lor your house will be filed by the Sheritfwithin thirty (30) days lrom the date of the Sheriffs Sale. This schedule \vill state \vho will be receiving that money. The money \vill be paid out in accordance v.lith this schedule unless exceptions (reasons why the proposed distribution is wrong) are tiled with the Sheriff \vithin ten (10) days after the schedule of distribution is tiled. 7. You may also have other rights and defenses, or \\'ays or getting your house back, if you (lct immediately <.lftl'r the sale. YOU SHOULD TAKE THIS rAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A lAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE [.lSHD BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 13 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle. P A 17013 C) c- '--.> C,-:'> , ,-,', ~ -..,. --, i ...e, r9 "._, '-(.. () "Ii ---{ iE:o f'" ;'1"": C' , ) "'I _.1 , I' 1l5-'21>() GOLDBECK :\IcCAFFERTY & McKEEVER BY: Jo~eph A. (r()ldbeck. Jr. Attorney I.D.ffI61.32 Suite 5000- !VlelloJ1 Independence Center 70 I Market Street Philadelphia. P A 19106 215-627-1322 Alh)rJwy f()r Plaintilf M&T BANK S/B/M KEYSTONE Ni\TION/\L IL\J\K '1'/;\ Kl.YSTOJ\F I-[N!\NCL\I MorzrcoM;E PO Ilo x 840 Butralo. NY 14240-0840 !"\I '1'1 IE COURT 01 COM\IO"\l I'll !\S of Cumberland County Plaint! ff CIVIL ACTION - LAW YS. FREDERICK 1\1. ESHLEI\I/\N JR. BECKY S. ESHLEMAN I\Iortgagor(s) and Record Owncl'(s) ACTION OF MORTGAGE FORFCI.OSlJRE 307 E. Marble Street Meehanicsburg, PA 17055 Term No. 05-5266 Dcfcndant(s TillS LAW FIRM IS A DEBT COLLECTOR AND WE AIU; ATTEMPTING TO COLLECT A DEBT_ TillS :'IIOTICE IS SE:'IIT TO YOU IN A:'II 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: ESHLEMAN. BECKY S BECKY S. ESHLEMAN 307 E. Marble Street Mechanicsburg. P A 17055 Your house al 307 E. Marble Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale 011 Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm2nd FL Courthouse to enforce the court judgment of$132,23R.50 obtained by M&T BANK S!B/M KEYSTONE N/\ TIONAL R"NK T//\ KEYSTONE FINANCIAL MORTGAGE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PIU:V~;NT THIS SHERIFF'S SALE To prevent this SherirCs Sale you must take immediate action: I. I he sale will be cancelled if you pay to M&T BANK S/B/M KEYSTONE N/\ nONA!. BANK I/A KEYSTONE FINANCIAL MORTGAGE, the back payments. late charges. costs and reasonable attorney's fees due. To find out hm\' much you must pay call: 215-627-1322 , .. 05-52(,h 7 You may be able 10 slOp the sale by tiling a petition asking the Court to strike or open judgment. if the judgment was improperly cntued. ,{ ollmay also ask the Court to postpone the sale for good cause, 3. YOlllllay also be able to stop the sale thrnugh other legal proceedings. Y Oll lll,lY' need an ~lttllrlley to assert your rights. The SOOlllT you contclct one, the llW1T chance )i(l11 \\'ill have of st()pping the sale. \Scc nOlice Dell')\\" Pll how 10 "blain ,Ul attorney). YOU ~IA Y STILL liE ABLE TO SAn: YOUR PROPERlY A;\I) YOU HAVE OTH ER RICHTS EVE'; IF TilE SIIFRIFF'S S.\LF IJOFS';(H 'L\KE PL\CE. I. If the ShcrilTs Sale is not stopped, y'our property' will be sold to the highest bidder. '{ ou Illay tind out the price bid price by calling the Sheriff 01'717-240-6390. 2. Yau may be able to petition lhe Court to set aside the sale if the bid price \vas grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the lull amount due in the sale. To tlnd out if this has happened, )/ou may call the Sheriff or7l7-240-6390. 4. If the amount due fromlhe Buyer is not paid to the Sheri/I you will remain the ,Wlner of tile property' as if the sale ll..:n:r hal1pcllcd. 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 tiled by the Sheriff within thirty (30) days from the date of tile Sheriffs Sale. This schedule will state \vho \vill be receiving that money. The money \vill be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is \-\Tong) are tiled \vith the Sheriff within ten (10) days after the schedule of distribution is tiled. 7. You may also have other rigbts 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 IIAVL A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPIIONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I1ELP. LEGAL SERVICES INC R Irvine Row Carlisle. P A 17013 CUMBERLAND COUNTY BAR ASSOCL<\ nON 2 I jberty A venue Carlisle, P A 17013 C~ ,--- \~=; L...... " \0': 1 .....,,'J (), ., .-\ ';~.T~ . ~ '.,-" -...:; r'.--? ~. ~--~ _...l Jllscph A. Goldbeck, Jr. Att,>rney 1.0. #16132 Suite 5000 . Mellon Independence Center 70 I Market Street Philadelpbia, PA 19106 2[:\.627.1322 Atlurney fur Plaintill ,,18:'1 BANK S'/3!M KEYSTONE NATIONAL BANK TfA KLYSTONL F1NAl\CIM. MORTGAGE PO Box 840 BulTalo, NY 14240.0840 Plaintiff IN THE COURT OF COMMON PLEAS VS. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN I\lortgagor(s) and Record Owner(s) 307 E. l'vlarble Slreet Mcchanicsburg, P ^ ! 705:\ of Cumberland County CIVIL ACTION . LAW ACTION OF MORTGAGE FORECLOSURE DckndaUI(S) NO. 05.5266 CERTUilCATlON AS TO TilE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire herehy certify that I am the attorney of record for the Plaintiff in this action, and I fllrtller certify that this property is subject to Act 91 of 1983 and the PlaintilT has complied with all the provisions of the Act. <-" I::-:-:"j ;::.::~ (:> ~'I' I --I .,- (i: '=.- ""- "'-D l';:'J c::) _-J --.1,"\ -\-,~ <:J:} :-<';: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK S/B/M KEYSTONE NATIONAL BANK T1A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN (Mortgagor(s) and Record owner(s)) 307 E. Marble Street Mechanicsburg, PA 17055 No. 05-5266 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. -, p 1;{ fJ 1 f c ----- D """- ~ 'f! ~ ~ .-.c'.< _:,,;ir. 0,) --....:... '0 ~ '.() t'.:> If" !2 ..~.~ ,-t- GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN (Mortgagor(s) and Record owner(s)) 307 E. Marble Street Mechanicsburg, P A 17055 No. 05-5266 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. 1""-) C,.:;:> = <:::r' <- C.: Z C'" ~ 0,) r-.,,) M & T Bank Vs Frederick M. Eshleman, Jr. and Becky S. Eshleman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5266 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on March 10,2006 at 8:57 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M, Eshleman, Jr. and Becky S. Eshleman, by making known unto Frederick M, Eshleman, Jr" personally and husband of Becky S, Eshleman, at 307 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 10:47 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Frederick M. Eshleman Jr, and Becky S. Eshleman located at 307 E. Marble Street, Mechanicsburg, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Frederick M. Eshleman, Jr. and Becky S, Eshleman by regular mail to their last known address of 307 East Marble Street, Mechanicsburg, P A 17050. These letters were mailed under the date of April 03, 2006 and never returned to the Sheriffs Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Poundage Advertising Levy Posting Handbills Law Library Prothonotary Mileage Certified Mail 30.00 366.27 15,00 15.00 15.00 .50 1.00 8.80 .81 J, 0] tk. S<f 2.4 ~ IL J7fi31 Surcharge Law Journal Patriot News Share of Bills 30.00 281.00 246.80 19.57 $1,029,75 n --In.. I '/ot/~& / Sworn and subscribed to before me This _ day of 2006, A.D. p" -.. J ~~: .;~ r ~;f..AI. " R. Thomas Kline, Sheriff BY \J~dy JrvulG Real Estate Sergeant " .' Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PAl 91 06 215-627-1322 Attorney for Plaintiff r-.> = e~:'? C1" c..- M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY 14240-0840 of Cumberland Couii"tf Plaintiff '...-..., ~~ ,." ~ C) -.l vs. :':3 CIVIL ACTION - LA W- FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN (Mortgagor(s) and Record Owner(s)) 307 E. Marble Street Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 05-5266 AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK SIB 1M KEYSTONE NATIONAL BANK TIA KEYSTONE FINANCIAL MORTGAGE, 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: 307 E. Marble Street Mechanicsburg, P A 17055 1.Name and address ofOwner(s) or Reputed Owner(s): FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Mechanicsburg, P A 17055 BECKY S. ESHLEMAN 307 E. Marble Street Mechanicsburg, P A 17055 2. Name and address of Defendant(s) in the judgment: FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Mechanicsburg, P A 17055 BECKY S. ESHLEMAN 307 E. Marble Street Mechanicsburg, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 ~ t' Carlisle, P A 17013 P A DEP ARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: RESIDENTIAL FUNDING CORPORATION ONE MERIDIAN CROSSING STE 100 MINNEAPOLIS, MN 55423-3940 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 307 E. Marble Street Mechanicsburg, P A 17055 (attach separate sheet if more space is needed) 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: December 28, 2005 cAFFERTY & McKEEVER Goldbeck, Jr., Esq. lain tiff 05-5266 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 307 E. Marble Street Mechanicsburg, P A 17055 Tenn No. 05-5266 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: ESHLEMAN JR., FREDERICK M. FREDERICK M. ESHLEMAN JR. 307 E. Marble Street Mechanicsburg, P A 17055 Your house at 307 E. Marble Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$132,238.50 obtained by M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE 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: 1. The sale will be cancelled if you pay to M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-5266 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff 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 find 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 05-5266 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintitl M&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. FREDERICK M. ESHLEMAN JR. BECKY S. ESHLEMAN l\:Iortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 307 E. Marble Street Mechanicsburg, PA 17055 Tenn No. 05-5266 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: ESHLEMAN. BECKY S. BECKY S. ESHLEMAN 307 E. Marble Street Mechanicsburg, PA 17055 Your house at 307 E. Marble Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 07, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$132,238.50 obtained byM&T BANK S/B/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T BANK S/BIM KEYSTONE NATIONAL BANK TI A KEYSTONE FINANCIAL MORTGAGE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-5266 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY ST1LL 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 tind out the price bid price by calling the Sheriff 0017-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Shenff 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 tiled. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 --.--,---- ..........4., .I..l'l.Q,. _.LV V"-I "~~ uUU}J)J:.\,,!\ III 002/003 BEGINNING at a point on the Northern side of East Marble Street extended, said point being one~ hundred seventy-five (175) feet measured along the Northern side of East Marble Street extended in an. Easterly direction from the Northeast corner of East MamIe Street extended and the lower Sheperdstown Road; thence along property now or late of J.L Blauser Jr. and Kathleen. Blauser, his wife, in a Northerly direction one hundred fifty-nine (159) feet to a five (5) foot easement reserved for public utilities; thence along said five (5) foot easement in an. easterly direction fifty (SO) feet to property now or late of Paul T. Shearer, and Violana Mae Shearer, his wife; thence along said property now or late of Paul T. Shearer and Viola Mae Shearer, his wife in a Southerly direction one hundred fifty- nine (159) feet to the Northern side of East Matble Street, extended, thence along the Northern side of East Marble Street. extended in a Westerly direction fifty (SO) feet in the place of BEGINNING. MUNlCIP ALITY: MECHANICSBURG BOROUGH PROPERTY ADDRESS: 307 E. MARBLE STREET, MECHANICSBURG. P A 17055 TAX PARCEL #: 17-24-0787-088 WRIT OF E~C(rTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5266 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK SIB/M KEYSTONE NATIONAL BANK T/A KEYSTONE FINANCIAL MORTGAGE Plaintiff (s) From FREDERICK M. ESHLEMAN JR. AND BECKY S. ESHLEMAN (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$132.238.50 Interest from 5/1/05 to 12/28/05 at 7.6250% L.L.$.50 Arty's Comm Arty Paid $125.60 Plaintiff Paid Date: January 9, 2006 % Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: 701 Market Street Suite 5000 - Mellon Independence Center Philadelphia PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 09 On February 03,2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A Known and numbered as 307 E. Marble Street, Mechanicsburg, more fully described on Exhibit "A" Date: February 03, 2006 By: J Ddl/ Svvuid1 Real Esfate Sergeant ~l ~i; ~. ~ ~ filed with this writ and by this reference incorporated herein. 9.., :l d L I NVr qOOl Vd 'AIHl lOJ ON rji~38Hn3 .:I.:I1~3HS 3Hl .:10331.:1.:10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. o AND SUBSCRIBED before me this day of April. 2006 NOTAR! ,L SEAL LO!S E. SNYDER, t'.'c1ary Public Carlisle Bora, Curnbr:dand County I My Commission 'f.;,;r), 5, 200ill ~;.....~UMtt.lll'ill*~;a'rt::'~~"~.'~;l","'~'~111 lUtAL BaTATE SALE NO.9 Writ No. 2005-5266 Civil M&T Bank s/b/m Keystone National Bank t/a Keystone Financial Mortgage vs. Frederick M. Eshleman Jr. and Becky S. Eshleman Atty.: Joseph Goldbeck BEGINNING at a point on the Northem side of East Marble Street extended. said point being one-hun- dred seventy-five (175) feet mea- sured along the Northem side of East Marble Street extended in an Easterly direction from the North- east corner of East Marble Street extended and the lower Sheperds- town Road; thence along property now or late of J.L. Blauser Jr. and Kathleen Blauser, his wife, in a Northerly direction one hundred fifty-nine (159) feet to a five (5) foot easement reserved for public utili- ties; thence along said five (5) foot easement in an easterly direction fifty (50) feet to property now or late of Paul T. Shearer, and Violana Mae Shearer, his wife; thence along said property now or late of Paul T, Shearer and Viola Mae Shearer, his wife in a Southerly direction one hundred fifty- nine (159) feet to the Northem side of East Marble Street, extended, thence along the North- em side of East Marble Street, ex- tended in a Westerly direction fifty (50) feet in the place of BEGINNING. MUNICIPALITY: MECHANICS- BURG BOROUGH. PROPERTY ADDRESS: 307 E. MARBLE STREET, MECHANICS- BURG, PA 17055. TAX PARCEL #: 17-24-0787-088. . ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says; That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE#9 -I NOT Y PUBLIC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013