HomeMy WebLinkAbout06-0774IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO.
b? - ?7y O
V. ( \
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO FILE A
WRITTEN RESPONSE TO THE ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE
TYPE OF PLEADING:
CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
MANUFACTURERS AND TRADERS
TRUST CO.
ENTERED AGAINST YOU.
SHERRARD, GERMAN & KELLY, P.C.
C
By: s?
A RNEYS FOR PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
I HEREBY CERTIFY THE ADDRESS OF
PLAINTIFF IS:
1100 Wehrle Drive, 2nd Floor,
Williamsville, NY 142221
AND THE DEFENDANTS IS:
1000 Chippenham Road
Mechanicsburg, PA 17050
SHERRARD, GERMAN & KELLY, P.C.
BY:
A RNEYS FOR PLAINTIFF
CERTIFICATION OF LOCATION:
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN
IS: HAMPDEN TOWNSHIP
SHERRARD, /GERMAN N&& KELLY, P.C.
BY: _
POITORNEYS FOR PLAINTIFF
PAUL DAVID BURKE, ESQUIRE
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
28TH FLOOR, TWO PNC PLAZA
PITTSBURGH, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO.
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff,
?? -
NO. 7F
r
?n
V.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, MANUFACTURERS AND TRADERS TRUST CO.
d/b/a M & T BANK, by and through its attorneys, Sherrard, German &
Kelly, P.C., and files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is MANUFACTURERS AND TRADERS TRUST CO.
d/b/a M & T BANK, successor in interest to ALLFIRST BANK, which has
its principal place of business at 1100 Wehrle Drive, 2nd Floor,
Williamsville, New York 142221.
2. The Defendants are ANTHONY N. THOMAS and MARGARET M.
THOMAS, individuals, residing within the Commonwealth of
Pennsylvania at 1000 Chippenham Road, Mechanicsburg, PA 17050.
3. On or about April 30, 2002, the Defendants, ANTHONY N.
THOMAS and MARGARET M. THOMAS, executed a FirstLine Secured Account
Agreement ("Agreement") in favor of ALLFIRST BANK. A true and
correct copy of said Agreement is marked Exhibit "A", attached
hereto and made a part hereof.
4. On or about April 30, 2002, as security for payment of
the aforesaid Agreement, the Defendants, ANTHONY N. THOMAS and
MARGARET M. THOMAS, made, executed and delivered to ALLFIRST BANK
an Mortgage (Closed-End Credit) in the original principal amount of
$189,053.53 on the premises hereinafter described, said mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland
County on May 28, 2002, in Mortgage Book Volume 1759, page 4796. A
true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "B,
attached hereto and made a part hereof.
5. On or about April 30, 2002, as security for payment of
the aforesaid Agreement, the Defendants, ANTHONY N. THOMAS and
MARGARET M. THOMAS, made, executed and delivered to ALLFIRST BANK
an Open End Mortgage (Revolving Credit Plan) in the original
principal amount of $10,300.00 on the premises hereinafter
described, said Mortgage being recorded in the Office of the
Recorder of Deeds of Cumberland County on June 5, 2002, in Mortgage
Book Volume 1761, page 461. A true and correct copy of said
Mortgage containing a description of the premises subject to said
Mortgage is marked Exhibit "C", attached hereto and made a part
hereof.
6. The Defendants, ANTHONY N. THOMAS and MARGARET M. THOMAS,
are the record and real owners of the aforesaid mortgaged premises.
7. The Defendants are in default under the terms of the
aforesaid Agreement and Mortgages for, inter alia, failure to pay
the monthly installments of principal and interest on said
Agreement when due.
8. Plaintiff is the successor in the interest to ALLFIRST
BANK.
9. Demand for payment has been made upon the Defendants by
Plaintiff, but the Defendants have failed or refused to pay.
10. On or about December 14, 2005, the Defendants were mailed
Notices of Homeowner's Emergency Mortgage Assistance Act of 1983,
in compliance with the Homeowner's Emergency Mortgage Assistance
Act, Act 91 of 1983. True and correct copies of said Notices are
is marked Exhibit "D", attached hereto and made a part hereof.
11. On or about December 14, 2005, the Defendants were mailed
Notices of Intention to Foreclose Mortgage in compliance with Act
6 of 1974, 41 P.S. 101, et seq. True and correct copies of said
Notices are marked Exhibit "E", attached hereto and made a part
hereof.
12. The amount due and owing Plaintiff by the Defendants is
as follows:
Principal
Interest thru 1/17/06
Late Charges thru
TOTAL
$178,061.17
$ 5,012.70
$ 1,471.20
$184,545.07
Principal
Interest thru 11/4/05
TOTAL
TOTAL
$ 8,576.47
$ 332.01
$ 8,908.48
$193,453.55
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
for the amount due of $193,453.55 with interest on the aggregate
principal amount thereof ($186,637.64) at the rate of $35.45 per
diem from January 17, 2006, plus costs (including increases in
escrow deficiency) additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises.
SHERRARD, GERMAN & KELLY, P.C.
By: -
Pau David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
Exhibit "A"
Firsti-ine Secured Account Agreement and Federal Truth-in-Lending Disclosure Statement
aAfimt Prime Rate Index Page 1 of 4
Pennsylvania
Dale: 0413012002 ANNUAL PERCENTAGE RATE': 5.000 %
-May vary on a monthly basis as described below.
20021191143250 - Initial Daily Periodic Rate: 0.013 - % MARGIN: .250. % .._,
THIS Agreement establishes an open-end credit Account (the "Account between the persons. who signed below and Aflfirst Bank. In this Agreement, the words _
you, your and yours mean the persons who signed below and anyone else authorized to use the Account, The words we, us, and ours mean Allfisst Bank (also
referred to as "Bank"). The disclosures required by the Federal Truth-in-Lending Act are contained in Paragraphs 1,3,4,5,6, and 10 of this Agreement and below
your signature and apply to both the Draw and Repayment phases of your account.
1. Use of Account and Minimum Draw Requirement You may request extensions of credit In amounts of not less than $100.00 and up to but not
exceeding the maximum credit limit we assign you on your Account from time to time by (a) use of First Checks which directly access the Account, (b) direct
access through our ATM machines (ATM withdrawal) using an ATMNISA Check Card, (c) use of a loan request form at any Bank branch, (d) transfers to your
checking account by PhoneFirst, or (e) causing and creating an overdraft in your checking Account by use of a check or ATM withdrawal. The checking account
referred to in this Agreement is only the checking,account which we designate as being associated with this open-end credit Account. We reserve the right to
add or delete ways in which you may obtain loans. We will make loans available to you in response to overdrafts by transferring from your credit Account to your
checking account the exact amount of the overdraft, but with a minimum transfer of $100.00, to cover checks drawn on your checking account. We will not be
obligated to make any loans in excess of your available maximum credit limit and may at our option refuse payment or honor any such loan transaction without
increasing your credit limit. Any loan amount above the maximum credit limit shall become due and payable at once. We have the right to return unpaid any
check if, at the time the check is presented for payment, (1) you are in default as defined in Paragraph 10 (2) the check Is not properly completed or signed; (3)
the outstanding balance including accrued interest and unpaid charges, as shown on our records at the time the check is presented for payment, exceeds or
upon payment would exceed your credit limit then in effect; or (4) the check is drawn for less than $100.00. We have the right, at our option, to pay any check
regardless of whether any of the above-conditions exists.
2., Closing Costs, Effective Date. You agree to pay (1) reasonable attorney's fees trimmed by the Bank for services rendered in connection with the
preparation of documents for this Account, and for the settlement of this transaction, and for any disbursement of any loan under this Agreement; and (2) all
expenses, taxes and charges paid by the Bank to governmental agencies; and (3) all costs for examination of title. appraisals and all other costs necessary or _
appropriate to the security for this Account; and (4) all premiums for insurance coverage which is either required by the Bank or chosen by you; and (5) all
amounts you are obligated to pay under the mortgage or credit line deed of trust securing your Account. You agree to pay such amounts whether these costs
are incurred at this time or later, and in particular, we may from time to time obtain an appraisal of the property which secures this Agreement and you agree to
pay the cost of. such appraisal. If you fall to timely pay such amounts, we may, without prior notice to you, create a loan under this Agreement to pay all such
amounts which you shall then be obligated to pay. The amount of the costs which are incurred at this time is set forth below your signature to this Agreement or
in a separate statement of costs which is a part of this Agreement. Unless you pay these costs in cash at this time or the Bank pays these costs (see the box
below), the total of these costs will be added to your Account as a loan, effective on the date of this Agreement. However, these costs will not be actually
disbursed, and you may not borrow under this Account, until the date we are reasonably satisfied that you have not exercised your right to canceLthis
transaction. Of course, if you exercise your right to cancel this transaction, you will not be liable for any of these costs. See the Notice of Right to Cancel
delivered to you for a complete explanation of your rights.
3. Finance Charges, Payments, Other Charges. On each new loan created we will consolidate your entire loan balance into one new loan. You promise to
pay the amount loaned to you and a Finance Charge on your loan from the date we make the loan together with all costs and other charges hereunder.
ADDITIONAL IMPORTANT TERMS OF THIS AGREEMENT ARE ON PAGES 2.3 AND 4
Copies Received. Each person who signs below acknowledges receiving a completed copy of this Agreement and the Fair Credit Billing Rights Disclosure,
before signing below. n - -
Witness,our signature se;below n,/?• 04130/2002
M.THOMAS
-The-re-property subject to the mortgage or deed of trust described in this Agreement is known as:
1000 CHIPPENHAM RD _
MECHANICSBURG PA 17055
CLOSING COSTS: Paid By You: Paid By Bank:
Filing fees to government agencies:
(recording fees, recordation taxes
and transfer taxes) _
City/County Tax/Stamps
Title Search/Property Report Fee
$ 25-50
Title Insurance Fee
Appraisal Fee
Ftood Fee
TOTAL: $
Y5.6057A-0102
20021191143250 FirstLine -__ured Account Agreement and Federal Truth-in-..ending Disclosure Statement Page 2 of4
Prime Rate Index
a. Finance Charge Calculation. We calculate the Finance Charge on your Account by applying a daily periodic rate to the actual daily balance of your
Account To get the actual daily balance, we take the beginning loan balance of your Account each day, add any new loans, and subtract any payments or
credits. We then multiply the actual daily balance for each day of the billing period by the daily periodic rate. The Finance Charge for the billing period equals
the sum of the Finance Charges for each of the days In the billing period, -
The daily periodic rate and the corresponding Annual Percentage Rate in effect at the date of this Agreement is disclosed above. The daily periodic rate and
the corresponding Annual Percentage Rate are subject to change and may very in accordance with the Boating rate plan described in paragraph 3&.. The
dally periodic rate will equal the Annual Percentage Rate divided by the actual number of days in the year, computed to four decimal places of one percent.
b. Minimum Payment Requirements. You can obtaln advances of credit for six years (the 'Draw Period"). The "Current Payment Due" amount you must
pay each month will consist of (1) 1.5% of the Average Daily Balance or $100.00, whichever is greater, (2) credit insurance premiums (if any) and (3) late
charges and fees (if any).
After the Draw Period ends, you will no longer be able to obtain credit advances and must repay the outstanding balance (the "Repayment Period") on these
terms. The length of the Repayment Period will depend on the balance outstanding at the beginning of it. During either the Draw Period or Repayment period.
we will apply your payment to principal, interest, late charges, fees and credit insurance premiums in such order as we determine and balances of less than
$100.00 must be paid in full. The Bank reserves the right to review your Account at the end of the Draw Period and may, in our sole discretion, extend the Draw
Period.
c. Floating Rate. The daily periodic rate used to compute Finance Charge may vary from time to time in accordance with changes In the Annual _
Percentage Rate under a floating rate plan. The Annual Percentage Rate may vary with changes in the "Base Rate". The "Base Rate" means the highest
Prime Rate published by The Wall Street Journal "Money Rates" section on the first business day of each month,
The Annual Percentage Rate, as determined for each billing period, will be a simple annual Interest rate equal to the margin disclosed at the top of page
one plus the Base Rate as it may vary from time to time, rounded to the next highest one-quarter percent if the Base Rate is not an even one-quarter Dercent.
For example, if the Base Rate increases from 8% to 8.1%. it will be rounded to 8.25%, but if the Base Rate decreases from 8% to 7.9%, then the Base Rate will
not change. The Annual Percentage Rate includes only interest and not other costs.
The Annual Percentage Rate will Increase as the Base Rate increases, but it will not exceed 181/6. If the Annual Percentage Rate increases or decreases,
then the number of payments will increase or decrease as necessary unlit the entire loan balance and all Finance Charges and other charges are paid in full.
The Base Rate as published the first time each calendar month will determine the Annual Percentage Rate which Is in effect for the billing period which begins
on or after the date of publication. Therefore, the Annual Percentage Rate will not increase or decrease more than once each month. If The Wall Street
Journal ceases to publish the Base Rate, then the Base Rate most recently published will continue to be the Base Rate until we select and notify you of a new
Base Rate. We will select the new Base Rate in our sole discretion and in compliance with all applicable laws.
d. Negative Amortization. Under some circumstances your payments will not cover the Finance Charges that accrue and negative amortization will occur.
Negative amortization will Increase the amount you owe us and reduce the equity in your home.
e. Time for Payment, Automatic Payment. You may make payments to your Account at any time during the billing pedod. You may pay any pal of the
loan balance due at any time without penalty. However, you must pay at least the Current Payment Due as shown in your statement on or before the Payment
Due Date. The Payment Due Date writ be shown on your statement. If a checking account is associated with your credit Account, the Payment Due Date may
be shown as the date for the next automatic payment. If the Current Payment Due is not received by us on your Payment Due Date, you authorize us to
automatically deduct it from your checking account.
I. Late Charge. If you do not pay the Current Payment Due within 15 days of the Payment Due Date, you shall pay a late charge of $20.00 or 10% of the
delinquent payment, whichever is greater. No more than one late charge will be imposed for any single scheduled payment or portion thereof regardless of the
period during wNrh it remains delinquent.
g. Returned Check Charge. If any check submitted by you as payment on your Account is returned on the second presentment you shall pay a fee of
$15,00.
h. Non-Sufficient Funds. If we return unpaid a check drawn on your Account in excess of the maximum credit limit, you shall pay a non-sufficient funds
charge of $29.00. -
1. Overlimit Charge. If we pay a check drawn on your Account in excess of the maximum credit limit, you shall pay an overlimit charge of $15.00.
I. Stop Payment Charge. If you request a stop payment on a check drawn on your Account, you shall pay a stop payment charge of $20.00 for each such
request.
4. Security. The Account established by this Agreement Is secured by a mortgage or credit line deed of trust on the real property described above. Also,
except as maybe prohibited bylaw. if you are in default under this Agreement we may offset your money on deposit with us to repay amounts you owe us under
this Agreement. We will also have a security interest in the proceeds of any insurance policy relating to the Account and any refund of unearned premiums
relating to such policy.
5. Insurance. Property Insurance covering the real property described above Is required. If the real property securing this Agreement is located in a flood
zone, you must maintain flood insurance for as long as this Agreement remains in effect. Insurance may be obtained from any person you choose, subject to
our right to refuse or accept, for reasonable cause, an insurer which you select. If you fall to provide or maintain required insurance, we -may obtain such
insurance. and the cost of such insurance will be either added to the outstanding principal balance of your Account or be immediately due and payable, at our
sole discretion.
6. Tax Deductibility. You should consult a tax adviser regarding the deductibility of interest and charges for the Account.
7. Termination by You, Release of Mortgage or Credit Line Deed of Trust. You may cease to borrow under this Agreement at any time and you may
pay all amounts due under this Agreement at any time without penalty. Whenever you have no amounts due under this Agreement we will, upon your giving us
at least 15 days prior written notice, release the mortgage or credit line deed of trust. We will not be required to release the mortgage or credit line deed of trust
securing your Account until you have paid all amounts due under this Agreement end returned all First Checks to us. You agree to pay any Boveriimiental
charge to record the release. However, the mortgage or credit line deed of trust shall remain in full force and effect and shall secure all amounts dqua under this
Agreement until such release, even If at some times during the term of this Agreement you do not owe us any amounts. if, after we have received your notice of
termination, we inadvertently make a loan to you, that loan will be due and payable at once.
a. Recording Taxes. You will be responsible for payment of any recordation and transfer taxes and all other governmental fees and charges of any nature
whatsoever imposed on the recording of the mortgage or credit line deed of trust or on loans made to you under this Agreement, whether due at the time the
mortgage or credit line deed of trust is recorded or any time thereafter. If you do not pay such amounts when due, then we may at our option and with or
without notice to you, pay any such taxes and either bill you for such amounts or create a loan under this Agreement equal to such amounts. Our
determination of whether and when such taxes are due shall be conclusive.
9. Credit Investigations and Financial Reports. The Bank is authorized now or at any time in the future to make or have made any credit Investigation
we believe is necessary to evaluate our decision about continuing to make loans to you under this Agreement. You also agree to furnish us any financial
statements which we may require at any time,
10. Default, Remedies.
a. Upon any of the following Events of Default, at our option, we can terminate your account, require you to pay us the entire outstanding balance in one
payment and charge you certain fees or we may prohibit additional extensions of credit or reduce your credit limit (1) you engage in fraud or material
misrepresentation in connection with your account, either overtly or by omission, (2) you do not meet the repayment terms, (3) your action or inaction adversely
effects the collateral or our rights in the collateral. If any of the above Events of Default occurs, you will be liable for all costs and expenses of collection
including court costs and a reasonable attorneys fee. Any waiver by the Bank of any one of its rights upon an Event of Default does not constitute a waiver of
any other or all of its rights upon such Event of Default o upon th ante default on any future occasion. Yo' waive formal presentment, demand, notice of
protest and dishonor and other formalities that could be Bank in the Event of a Default in pa ri
Yse057A-0102 Customer's initials ;?
20021191143250 FirstLine Secured Account Agreement and Federal Truth-in-amending Disclosure Statement Page 3 of 4
Prime Rate Index _
b. Upon any of the following Events of Default, at our option, we may prohibit additional extensions of credit or reduce your credit limit for as long as the
Event of Default exists: (1) the value of the real estate securing this Account declines significantly below the property's appraised value for purposes of the
Account, (2) we reasonably believe that you will be unable to fulfil( your repayment obfrgatlorls due to a material change in your financial circumstances, (3)
governmental action prevents us fro m imposing the agreed upon annual percentage rate or impairs our security interest such at the value of the interest is less
than 120% of the credit Irne, (4) the maximum annual percentage rate is reached, (5) a regulatory agency has notified us that continued advances would
constitute an unsafe and unsound practice, (6) you are in default of a following material obligation: (a) your aggreement to limit the use of the account as set forth
in paragraph (b) payment of all charges identified in paragraph 3 incuding, without limitation, the ..is oT all required appraisals; (c) payment of all service
charges Identified in paragraph 3; (d) all obligations itlenOfied in the mortgage or credit line deed of trust securing your Account; (e) maintaining the tnsurance
required in paragraph ff) payment of off recording taxes as required in Paregis ha ; (g) all obligations listed in paragraph 10(a) and (b); (h) prowoing us with _
updated financial statements and other intormatfon as requested by us from time to time (i) every promise you make or obligation imposed on you in the loan
documentation.
c We reserve the right to reduce the maximum credit limit and to terminate advances to the full extent permitted by relevant Federal Law. -
11. Lost or Stolen Checks. If your First Checks are lost or stolen or if you believe someone else may use them without your permission, you should notify
us at once. The telephone number is 1-800-441-8078. You should also follow up the call by sending us a letter. You may be liable for the unauthorized use of
these checks.
12. General Matters. The Bank may send notices concerning this Account to any one of you, and all Borrowers Co-signers and non-borrowing owners of
collateral will be considered to have received such notice. We may send such notice to the latest address shown on our records, and it shall be considered to
have been given when placed in the mail, postage prepaid. The Bank may assign this Agreement and any related mortgage or credit tine deed of trust and all
rights of the Bank shall inure to Its successors and assigns. You may not assign or transfer this Agreement and all obligations of yours shall be binding on your
heirs and personal representatives. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, unless federal laws apply. In the
event any provision of this Agreement shall be held invalid, the invalidity of such pmvislon shall not affect any other provision of this Agreement.
13. Others Using Your Account. Each person who signs below and each person authorized to use your Account are liable, jointly and severally, for all _
amounts owing an the Account, even if only one of you receives the proceeds of a loan. if someone else Is authorized to use your Account and you vent to end
that person's authorization, you must let us know in writing. If that person has any checks, you must return the checks that person may have with your written
notice. If you are unable to return that person's checks, we will close the Account and both you and the authorized user of your Account may apply for a new
Account. If we close the Account, you and the authorized users YAK still be liable, jointly and severally, for all amounts charged to your Account. If the Account
is maintained in the names of two or more persons, each of you authorizes the other to draw checks against the Account, and each of you agrees to be jointly
and severally liable for any obligations created under this Agreement. However, in the event of conflicting demands by, or upon the request of any joint user of
the Account, we may profnbft extensions of credit and at our option refuse to pay any check not signed by all joint users.
14. Fair Credit Reporting Act Notice. You have the right to dispute the accuracy of information we have reported to a Consumer Reporting Agency. If you
wish to do so, write to us at the address listed below. Please include your name, addyress, account number and a brief description of the problem. - -
In order to improve customer service, customer Information may be shared among the affiliates of Allfrrst Financial Inc. However, you have the right to opt out of
this information sharing, other than the sharing of transaction or experience information, by notifying us in wrtng at the address fisted below within 30 days of
when this notice is given. Please include your name, address, account number, telephone number and social security number. Each customer orra joint
account may direct that only his or her information not be shared among affiliates.
Allfirst Bank
Customer Information Services
Mail Code: 501.120
P.O. Box 1596
Baltimore. Maryland 21203
15. Conversion Feature. At any time after your FlrstLfne Secured Account has been open for one year and you do not have another fixed interest rate
mortgage loan (excluding a "purchase money" first mortgage) with the Bank, you may convert the outstanding balance of your Account to a fixed interest rate
mortgage loan, with principal and interest payments, for a fee of $100.00. The length of that converted loan may be up to fifteen (15) years depending upon
your outstanding balance at the time of conversion and the resulting monthly payments. The rate of your converted loan will be the Bank's applicable real estate
secured installment loan rate in effect at the time of conversion.
16. Changes. We may make certain changes to the terms of this Agreement of airy aspect of your Account as set forth in this section. We will mall you
notice of such change before the effective date of the change, and the change will be effective as to any outstanding balance and as to any future transactions
under this Agreement. The changes which we may make are as follows:
(a) if the original Base Rate is no longer available, we may change the Base Rate and margin to ones that are substantially similar to the original
Base Rate and margin;
(b) we may make any change that you agree to In writing:
(c) we may make a change which is unequivocally beneficial to you, such as offering you more minimum payment options, extensions or renewals
of the Draw Period or the Repayment Period of your Account, temporary reductions in the Annual Percentage Rate or other fees, additional means
to obtain credit advances, and an Increase in your Maximum Credit Limit; and
(d) we may make insignificant changes, such as changing the address to which payments must be sent, operational changes involving the billing
cycle dates, the Payment Due Date, and the date of the month on which Base Rate values are used to determine the Annual Percentage Rate.
We may also change our rounding rules and balance computation method.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE --
Notify Us in Case Of Errors or Questions About Your Will
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address on your bill. Write to
us as soon as possible. We must hear from you oo later than 60 days after we sent you the first bill on whicn the error or problem appeared. You can
telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. -
Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why
we believe the bill was correct.
After we receive your letter we cannot try to collect any amount you question, or report you as delinquent We can continue to bill you for the amount you
question, including Finance Charges, and we can apply any unpaid amount against your credit limit You do not have to pay any questioned amount while we
are investigating, but you are still obligated to pay the parts of your bill that are not in question.
If we find [hat we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount. If we didn't make a mistake,
you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a
statement of the amount you owe and the date that it is due.
If you fall to pay the amount that we think you awe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us
within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the
name of anyone we reported you to. We must tell anyone we report you to hat the matter had been settled between us when it finally is.
If we don't follow these rotes, we can't collect the first $50 ofy(?gy le ed amount, even if your bill was cprrept.
Ys-e057A4102 Customer's initials ///t/J//A7v Yl
Exhibit "B^
MORTGAGE
allfirst (CLOSED-END CREDIT)
PAGE 1 OF 3
Pennsylvania
20021070935030 TAXiD: 10-16-1056-181
This MORTGAGE, Is made this Thirtieth day of April. 2002 by and between
ANTHONY N. THOMAS MARGARET M. THOMAS
(hereinafter called, whether one or more, "Mortgagor"), and Allfirst Bank, 25 South Charles Street, Baltimore, Maryland 21201 (hereinafter called
"Mortgagee").
WHEREAS, as evidenced by a Simple Interest Installment Note And Security Agreement dated 04/30/2002 , and incorporated herein by this
reference (hereinafter called the "Note"),
Borrower, as Borrower is defined in the Note, is justly Indebted unto Mortgagee in the principal amount of $ 189,053.53
and Mortgagor has agreed that this Mortgage will secure the repayment of all the "Obligations", which term means all amounts loaned to Borrower under
the Note, and any extensions or renewals thereof, as it now exists or may hereafter be amended, and all interest on such obligations, and all future
advances and readvances under the Note, and all costs and expenses incurred in respect to the obligations, including reasonable counsel fees incurred to
obtain collection after default, and all amounts which Mortgagor promises to pay hereunder, as is hereinafter provided:
NOW. THEREFORE, THIS MORTGAGE WITNESSETH, That in Consideration of the aforesaid indebtedness and of the sum of One Dollar, and to secure
the Obligations, Mortgagor does hereby grant, assign and convey unto Mortgagee, its successors and assigns, all that lot of ground and premises located
101X7 CHIPPENHAM RD
in HAMPDEN TOWNSHIP , Pennsylvania, known asMECHANICSBURG PA 17055
and more fully described in a Deed from'
to Mortgagor dated 06/1912000 , recorded among the Land Records CUMBERLAND ,
COUNTY
in Deed Book 223 Page 687 ,together with the buildings and
improvements thereon, and the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging or in any way appertaining and
any right, title, interest or estate hereafter acquired by Mortgagor, and all Insurance proceeds and proceeds from any condemnation or taking by eminent
domain (hereinafter called the "Mortgaged Property').
LEGAL DESCRIPTION: METES AND BOUNDS
TO HAVE AND TO HOLD the Mortgaged Property unto Allfirst Bank, its successors and assigns, in fee simple with power of sale.
If, however, Borrower shall pay the Obligations in full, and perform its other promises and covenants hereunder, then at any such time Mortgagee
will at Mortgagor's request execute and deliver a release to the Mortgagor, and upon the filing of such request, this Mortgage shall be void.
BUT ALWAYS PROVIDED, nevertheless, that if this Mortgage and the debt hereby secured are paid in full in the manner provided in the Note,
then this Mortgage and the estate hereby granted shall cease and terminate and become void, anything herein to the contrary notwithstanding.
Borrower and Mortgagor jointly and severalty covenant and promise to Mortgagee as follows:
a. All payments on the Note will be made when due, including payments due by acceleration of maturity, and all other conditions, covenants _
and obligations as required or provided herein, in the Note, or in any other obligation of Mortgagor to Mortgagee, will be pertorrrled; and
b. Mortgagor covenants and warrants that Mortgagor has fee simple title to the and the right to mortgage the; and
c. Mortgagor will pay when due all taxes and assessments and other governmental charges, including electricity, water and sewer rents
levied or assessed against the or any part thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pay when due all
amounts secured by any prior lien on the; and
d. Mortgagor will keep the insured against fire and such hazards in such amount or amounts as may be required by the Mortgagee and the
policies and renewals evidencing such insurance shall have attached thereto a standard mortgage clause(s) in form acceptable to the
Mortgagee; and
YS-6054A-0001
20021070935030 MORTGAGE
(CLOSED-END CREDIT)
PAGE 2 OF 3
e. Mortgagor will neither sell, assignor transfer any or all of the or any Interest therein not commit nor suffer any strip, waste, impairment or
deterioration of the and wig maintain the same in good order and repair; and
f. In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the
conditions, covenants and obligations contained herein or In the Note, or in any other obligation of Mortgagor to Mortgagee, Mortgagee may, upon
timely notice to Mortgagor if required by law, (i) forthwith bring any action of mortgage foreclosure hereon, or institute other foreclosure
proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on the Note and any other sums that
may be due thereunder, including attorneys' fees, costs of suit and costs of sale to the extent, if any, provided in the Note and permitted by law,
and (ii) enter into possession of Premises, with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting
all costs of collection and administration expense, apply the net rents and profits to the payment of taxes and other necessary maintenance and
operation costs (including agents' fees and aftomeys' fees) or on account of the Note, in such order and amounts as Mortgagee in Mortgagee's
sole discretion may elect and Mortgages shall be liable to account only for rents and profits actually received by Mortgagee; and
g. Mortgagor hereby waives and releases all benefit and relief from any and all appraisement, stay and exemption laws now in force or
hereafter passed, either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid by the
purchaser of the at a sale thereof in any judicial proceedings upon this Mortgage, or exempting the, or any part of the proceeds of sale thereof,
from attachment, levy or sale under execution, or providing for any stay of execution or other process.
The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors,
administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural and the
singular and the use of any gender shall be applicable to all genders.
h. Condominium. If the Mortgaged Property comprises a unit in, together with an undivided interest in the common elements of, a
condominium project (the "Condominium Project") and the owners association or other governing body of the Condominium Project ("Owners
Association") holds title to property for the benefit or use of its members or shareholders, the Mortgaged Property shall also be comprised of the
Mortgagors interest in the Owners Association and the proceeds of such interest. In addition to the covenants and agreements made in the
Mortgage and Agreement, the Mortgagor and the Mortgagee further covenant and agree as follows:
(1) Assessments. The Mortgagor shall promptly pay, when due, all assessments imposed by the Owners Association pursuant to the
provisions of the declaration, by-laws, code of regulations of the Owners Association, or other constituent documents of the
Condominium Project (hereinafter "Constituent Documents").
(2) Hazard Insurance. So long as the Owners Association maintains a "master" or "blanket" policy, which is satisfactory in form to the
Mortgagee, with a generally accepted insurance carrier on the Condominium Project and which provides insurance coverage in such
amounts, for such periods, and against such hazards as the Mortgagee may require, including fire and hazards Included within the tens
"extended coverage"; then the Mortgagor's obligation to maintain hazard insurance coverage on the Mortgaged Property is deemed
satisfied to the extent that the required coverage is provided by the Owners Association policy,
The Mortgagor shall give the Mortgagee prompt notice of any lapse in such required hazard insurance coverage.
In the event of a distribution of hazard insurance proceeds In lieu of restoration or repair following a loss to the Mortgaged Property,
whether to the unit or to common elements, subject to the rights of the holder of any permitted prior mortgage, any such proceeds
payable to the Mortgagor are hereby assigned and shall be paid to the Mortgagee for application to the sums secured by the Mortgage,
with the excess, if any, paid to the Mortgagor, as their interests may appear:
(3) Public Liability Insurance. The Mortgagor shall lake such actions as may be reasonable to insure that the Owners Association
maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to the Mortgagee.
(4) Mortgagee's Prior Consent The Mortgagor shall not, except after notice to the Mortgagee and with the Mortgagee's prior written
consent, either partition or subdivide the Mortgaged Property or consent to:
(i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case
of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain;
(ii) any amendment to any provision of the Constituent Documents which Is for benefit of the Mortgagee;
(iii) termination of professional management and assumption of self-management of the Condominium Project Owners Association; or
(iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association
unacceptable to the Mortgagee.
YS-6054A-0001
20021070935030
MORTGAGE
(CLOSED-END CREDIT)
PAGE 3 OF 3
(5) Notice to Mortgagee. In addition to notices required to be given to the Mortgagee by the terms of the Mortgage, the Mortgagor shall
promptly give notice to the Mortgagee of any material amendment to any provision of the Constituent Documents and also of any
amendment to a material provision thereof. Examples of material provisions include, but are not limited to, those which provide for,
govern or regulate; voting or percentage interests of the unit owners in the Condominium Project; assessments, assessment liens or
subordination of such liens; the boundaries of any unit or the exclusive easement rights appertaining thereto; or reserves for
maintenance, repair and replacement of the common elements.
I. The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors,
administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural and the
singular and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the tviortga, or ha ereunto set hand and seal,
Witness Mortgagor ANT Y N. THOMAS
(SEAL)
Witness - ortgagor RGARET M. THOMAS
_ (SEAL)
witness Mortgagor
_ (SEAL)
Witness Mortgagor
STATE OF PENNSYLVANIA )
SS
COUNTY OF
On this n day of.?
before me the undersigned officer personally appeared
9 /__ "'1,t t k .
known to me (or satisfactorily pro en) to be the person(s) whose name(s) Is (are) subscribed to the within instrument, and acknowledged that
(he, she or they) executed the dame for the purpose therein contained.
IN WITNESS WHEREOF, 1 have hereunto set my hand and notarial seal. My Commission Expires:
jJ ! " , tp 2. ,?, I S
Notary
I certify that the address of the within-named MORTGAGEE, and the address to which this document should be returned is:
Allf rst Bank
P.O. Box 1T292 ; {rlOMW Sod --
IFabAe
Baltimore, Maryland 212022 3 ?j, _ Ielnee A. RovIra. ". I
aignaw?e o a ee rPBMSyNaniaA560C19110n0iNpt@l1iF ..
This Mortgage was prepared by Allfirst Bank, P.O. Box 17292, Baltimore, Maryland 21203 _' - -
YSw6054A-0001
EXHIBIT "Cl
ad?93
..? ROBERT P. 71EGLER
ZECORDER OF DEEDS
i-N=EFLiaND COUNTY-PA
'02 JUN 5 AM 1139
® affirst
Open-End Mortgage
(REVOLVING CREDIT PLAN) PAGE 1 OF 3
Pennsylvania
20021191143250 TAX ID: 10-161056-181
This MORTGAGE, is made this Thirfieth day of April. 2002 by and between
ANTHONY N. THOMAS MARGARET M. THOMAS
(hereinafter called, whether one or`more; "Mortgagof ), and- Allfirst Bank, 25 South Charles Street Baltimore, Maryland 21201 (hereinafter called
"Mortgagee" or "Bank"). This mortgage secures future advance'a which the Mortgagee has a contractual obligation to make as set forth in this Mortgage and
a FirstLine Secured Account Agreement and Federal Truth in Lending Disclosure Statement.
WHEREAS, Mortgagee has agreed to tend certain amounts from time to time under the terms of a certain FirstLine Secured Account Agreement and
Federal Truth-In-Lending Disclosure Statement dated on or about 04/30/2002 and incorporated herein by this reference (the "Loan Agreement") to
Borrower. as Borrower is definedin the Loan Agreement, and Mortgagor has agreed that this Mortgage will secure the repayment of all the "Obligations",
which term means all amounts loaned to Borrower under the Loan Agreement, and any extensions or renewals thereof, as it now exists or may hereafter be
amended, and all interest on such obligations,-and all future advances and readvances under the Loan Agreement, and all costs antl expenses incurred in
respect to the obligations, including reasonable counsel fees incurred to obtain collection after default, antl all amounts which Bonower or Mortgagor
promises to pay hereunder, as is hereinafter provided:
WHEREAS, this Mortgage secures a total outstanding principal balance of the loans made under the Loan Agreement at any one time of an amount not to
exceed 10.300.00 - , and, subject to the credit limit imposed by Mortgagee, Bonower may borrow, repay and rebomow amounts
under the Loan Agreement subject to the terms thereof, from time to time, and all such advances and readvances are expressly intended to be secured by
this Mortgage;
WHEREAS, the initial principal amount advanced to Borrower by Mortgagee hereunder, for purposes of calculation of any applicable recordation and
transfer taxes, is' 10 300.b-0 acs ;
NOW. THEREFORE, THIS MORTGAGE WITNESSETH, That in consideration of the aforesaid Loan Agreement and of the sum of One Dollar, and to secure
the Obligations, Mortgagor does hereby grant, assign antl convey unto Mortgagee, its successors and assigns, all that lot of ground and premises located
1000 CHIPPENHAM RD
in HAMPDEN TOWNSHIP , Pennsylvania, known as MECHANICSBURG PA 17055
and more fully described in a Deed from
to Mortgagor dated 06/1912.000 , recorded among the Land Records of CUMBERLAND ,
COUNTY
in Deed Book 223 Page 687 , together with the buildings and improvements thereon, and the rights,
alleys, ways, waters, privileges, appurtenances and advantages thereto belonging or in any way appertaining and any right, title, interest or estate hereafter
acquired by Mortgagor, and all insurance proceeds and proceeds from any condemnation or taking by eminent domain (hereinafter called the "Mortgaged
Property").
LEGAL DESCRIPTION: METES AND BOUNDS
TO HAVE AND TO HOLD the Mortgaged Property unto Allfirst Bank, its successors antl assigns, In fee simple with powerof sale.
If, however, Borrower shall pay the Obligations in full, and perform its other promises antl convenants hereunder, then at any such time Mortgagee will at
Mortgagor's request, execute and deliver a release to the Mortgagor, but even if the balance of the Obligations is zero at any time or from time to time, it is
expressly agreed that this Mortgage shall not be deemed void or released or terminated or having ceased its legal operation and effect, unless antl until a
release hereof is fled among the aforesaid land records; and upon the filing of such release, this Mortgage shall be void. Mortgagor shall give Mortgagee at
least 10 days prior written notice of a request to release this Mortgage.
Borrower and Mortgagor jointly and severally covenapt and promise to Bank as follows:
(1) To pay aft taxes, water and sewer rents and other charges assessed or levied on or which become a lien upon the Mortgaged Property and shall furnish
receipts therefore on request. The Mortgagee may pay these it Borrower or Mortgagor does not (although the Bank doesn't have to). If the Mortgagee
makes any payments, the Mortgagee may treat the amount thereof as a credit advance to Borrower's Account as defined in the Agreement and
secured by this Mortgage -
(2) To comply with all applicable laws, keep the Mortgaged Property in good condition, antl repair the Mortgaged Property as necessary, but shall not
cause any material change thereto without the prior written approval of the Mortgagee;
(3) To pay and discharge any mechanic's liens;
(4) To make all payments owed under and fully comply with alt terms and conditions of an do?mgttgag@ o-Lt?hee Mortg_agi Property;
YS-606CA•0001 ?? / b t NJ 4 6
•
S
20021191143260 Open-End Mortgage
(REVOLVING CREDIT PLAN) PAGE 2 OF 3
(5) To continue to be the sole owner of the Mortgaged Property and Mortgagor shall not, without the prior written consent of the Mortgagee, transfer or
attempt to transfer all or any part of the Mortgaged Property under and subject to this Mortgage.
(6) To obtain hazard insurance to cover all buildings and other improvements that now are or in the future will be located on the Mortgaged Property. The
insurance must cover loss or damage caused by fire, hazards normally covered by "extended coverage' hazard insurance policies and other hazards for
which the Mortgagee requires coverage. The insurance must be in the amounts, for the periods of time and in a form acceptable to the Mortgagee. All of
the insurance policies and renewals must include what is known as "standard mortgage clause" to protect the Mortgagee. Borrower or Mortgagor may
choos0 the insurance company, subject to the Mortgagee's approval which shall not be unreasonably withheld, If the Mortgagee requires, Borrower or
Mortgagor will promptly give the Mortgagee all receipts of paid premiums and renewal notices that Sorcwer.or Mortgagor receives. If there is a loss or
damage to the Mortgaged Property, Borrower or Mortgagor will promptly notify the insurance company and the Mortgagee. Subject to the rights of any
prior mortgages, the proceeds of insurance will be used to either repair or to restore the damaged Mortgaged Property to its prior condition, or to repay
all sums owed under the Agreement, at the Mortgagee's option.
(7) Subject to the rights of any prior mortgages, the proceeds of any condemnation award are hereby assigned and shall be paid to the Bank, and the
Mortgagee may apply such proceeds to repay all sums owed by Borrower to the Mortgagee under the Agreement.
(8) Borrower and Mortgagor understand and agree that this Mortgage secures future advances made by the Mortgagee under the Loan Agreement. In
addition to any advances made under (1) above, this Mortgage also secures any advances the Mortgagee makes for the payment of maintenance
charges, insurance premiums, costs incurred for the protection of the Mortgaged Property, and expenses the Bank may incur by reason of Borrower's or
Mortgagor's default. The lien created by this Mortgage shall relate back to the date of this Mortgage with respect to all advances made to Borrower now
or in the future under the Agreement, and the lien of this Mortgage shall relate back to the date of this Mortgage notwithstanding any period where
Borrower's outstanding obligations have been repaid and further credit advances have been requested.
(9) Condominium. If the Mortgaged Property comprises a unit in, together with an undivided interest in the common elements of, a condominium project
(the "Condominium Project") and the owners association or other governing body of the Condominium Project ("Owners Association") holds fide to
property for the benefit or use oT its members or shareholders, the Mortgaged Property shall also be comprised of the Mortgagor's interest in the Owners
Association and the proceeds of such interest. In addition to the covenants and agreements made in the Mortgage and Agreement, the Mortgagor and
the Mortgagee further covenant and agree as follows:
(1) Assessments. The Mortgagor shall promptly pay, when due, all assessments imposed by the Owners Association pursuant to the provisions of the
declaration, by-laws, code of mutations of the Owners Association, or other constituent documents of the Condominium Project (hereinafter
"Consltuent Documents').
(2) Hazard Insurance. So long as the Owners Association maintains a "master' or "blanket" policy, which is satisfactory in form to the Mortgagee, with
a generally accepted insurance carrier on the Condominium Project and which provides insurance coverage in such amounts, for such periods, and
against such hazards as the Mortgagee may require, including fire and hazards included within the term "extended coverage", then the Mortgagor's
obligatiw to maintain hazard insurance coverage on the Mortgaged Property is deemed satisfied to the extent that the required coverage Is
provided by the Owners Association policy.
The Mortgagor shall give the Mortgagee prompt notice of any lapse in such required hazard insurance coverage.
In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Mortgaged Property, whether to the
unit or to common elements, subject to the rights of the holder of any permitted prior mortgage, any such proceeds payable to the Mortgagor are
hereby assigned and shall be paid to the Mortgagee for application to the sums secured by the Mortgage, with the excess, if any, paid to the
Mortgagor, as their interests may appear.
(3) Public Liability Insurance. The Mortgagor shall take such actions as may be reasonable to insure that the Owners Association maintains a public
liability insurance policy acceptable in form, amount, and extent of coverage to the Mortgagee.
(4) Mortgagee's Prior Consent. The Mortgagor shall not, except after notice to the Mortgagee and with the Mortgagee's prior written consent, either
partition or subdivide the Mortgaged Property or consent to:
(i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case
of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain;
(ii) any amendment to any provision of the Constituent Documents which is for benefit of the Mortgagee;
(iii) termination of professional management and assumption of self-management of the Condominium Project Owners Association; or
(iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association
unacceptable to the Mortgagee.
(5) Notice to Mortgagee. In addition to notices required to be given to the Mortgagee by the terms of the Mortgage, the Mortgagor shall promptly give
notice to the Mortgagee of any material amendment to any provision of the Constituent Documents and also of arry amendment to a material
provision thereof. Examples of material provisions include, but are not limited to, those which provide for, govern or regulate; voting or percentage
interests of the unit owners In the Condominium Project; assessments, assessment liens or subordination, of such liens; the boundaries of any unit
or the exclusive easement rights appertaining thereto; or reserves f jKahtep?ef rppairtJtanp4rbaepl2rent of the common elements.
V6-6060A-0001 uf1 11 / f U LL
W
zoo211g11a3zso Open-End Mortgage
(REVOLVING CREDIT PLAN) PAGE 3 OF 3
TERMINATION, ACCELERATION AND FORECLOSURE
Upon the occurrence of any Event of Default described in the Agreement, in addition to all other rights and remedies the Bank has at law or equity or in
the Agreement, and after the Bank mails any notice required by the Agreement or by taw, all sums awed under the Agreement, including without limitation
accrued interest, insurance and other charges, shall at the option of the Bank become Immediately due and payable, and foreclosure proceedings may be
brought forthwith on this Mortgage. The Bank may recoversuch costs of collection and atterneys' fees permitted by the Agreement.
If this Mortgage is executed by more than one person, the undertakings and liability of the undersigned shall be joint and several. The provisions of this
Mortgage will be binding an the undersigned and all future owners and tenants of the Mortgaged Property. The undersigned's heirsand-4egal -
representatives will also be responsible under this Mortgage.
WITNESS the due execution, seal and delivery ereof
Wifnes - Mortgagor ANTHO N. THOMAS
/ (SEAL)
Witness -- - Mo agor M ARET hr-THOMAS -==-.el
T Certify this to be recorded
(SEALI
Witness ?D,dd,- ,,Q ?J-P•6?Mo-rt+gagor
`• •i^"' % (/ (SEAL)
Mo
Witness UA
rtgSTATE OF PENNSYLVANI) Recorder of Deeds •J7 p?
/) SS
COUNTY OF c7lt?,? ?`A! 1
On this ?" da of 20 bafyo/re me the undersigned officer ersonally appeared
/? M
known to me or satisfactorily pro n) to be the person(s) who a name(s) is (are) subscribed to the within instrument, and acknowledged that (he,
she or they) executed the dame for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires:
`.M ^' •tN•+./o ,- . (/ b 2 L.S.
CX Notary
his docume t h to be returned is:.,,,
I certify that the address of the within-named MORTGAGEE, and GEE
Ailfirst Bank Seal C .r"
P.D. Box 17292 - Naltuy Public `
Balttmore, M tabertand Coatay
res Nov. 16. 2002
er,Pattn?'Nan>aA?o?OnofNC'3dia 2 t'°f+ ?+•'?"
MBm11
Signature
This Mortgage was prepared by ATlfirst Bank, P.O. Box 1], ? B'dltimdr?UUI r62203 -- `"' • r{s• `
YS-60601C-0007 (}? l/ OO 1 ``
EXHIBIT "D"
ACT 91 NOTICE
TAKE ACTION TO
SAVE YOUR HOME
FROM FORECLOSURE
The Commonwealth of Pennsylvania's Homeowners' Emergency Mortgage
Assistance Program maybe able to help you. Read the attached notice to find out how the
program works.
If you need more information call the Pennsylvania Housing Finance Agency
at 1(800) 342-2397.
Lanotificacion en adjunto es de sums importancia, pues afecta su derecho a
continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga
una traduccion inmediatamente Ilamando esta agencia (Pennsylvania Housing Finance
Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo
por el programa ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual
puede salvar su casa de la perdida del derecho a redimir su hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY
MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date: December 14, 2005
Re: Account No.: 92651490001; Mortgage in the original principal amount of
$189,053.53 dated April 30, 2002, in favor of M&T Bank
To: Mrs. Margaret M. Thomas
From: Paul David Burke, Esquire
Sherrard, German & Kelly, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
You may be eligible for financial assistance that will prevent foreclosure on
your mortgage if you comply with the provisions of the Homeowners' Emergency
Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency
temporary assistance if your default has been caused by circumstances beyond your
control, you have a reasonable prospect of resuming your mortgage payments, and if
you meet other eligibility requirements established by the Pennsylvania Housing
Finance Agency. Please read all of this Notice. It contains an explanation of your
rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with a representative of this lender, or with
a designated consumer credit counseling agency. The purpose of this meeting is to
attempt to work out a repayment plan, or to otherwise settle your delinquency. This
meeting must occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency identified in this notice, no further proceeding in mortgage
foreclosure may take place for thirty (30) days after the date of this meeting. The name,
address and telephone number of our representative is:
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY
MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date: December 14, 2005
Re: Account No.: 92651490001; Mortgage in the original principal amount of
$189,053.53 dated April 30, 2002, in favor of M&T Bank
To: Mr. Anthony N. Thomas
From: Paul David Burke, Esquire
Sherrard, German & Kelly, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
You may be eligible for financial assistance that will prevent foreclosure on
your mortgage if you comply with the provisions of the Homeowners' Emergency
Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency
temporary assistance if your default has been caused by circumstances beyond your
control, you have a reasonable prospect of resuming your mortgage payments, and if
you meet other eligibility requirements established by the Pennsylvania Housing
Finance Agency. Please read all of this Notice. It contains an explanation of your
rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with a representative of this lender, or with
a designated consumer credit counseling agency. The purpose of this meeting is to
attempt to work out a repayment plan, or to otherwise settle your delinquency. This
meeting must occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency identified in this notice, no further proceeding in mortgage
foreclosure may take place for thirty (30) days after the date of this meeting. The name,
address and telephone number of our representative is:
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY
MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date: December 14, 2005
Re: Account No.: 14706810001; Mortgage in the original principal amount of
$10,300.00 dated April 30, 2002, in favor of M&T Bank
To: Mrs. Margaret M. Thomas
From: Paul David Burke, Esquire
Sherrard, German & Kelly, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
You may be eligible for financial assistance that will prevent foreclosure on
your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary
assistance if your default has been caused by circumstances beyond your control, you
have a reasonable prospect of resuming your mortgage payments, and if you meet other
eligibility requirements established by the Pennsylvania Housing Finance Agency. Please
read all of this Notice. It contains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with a representative of this lender, or with a
designated consumer credit counseling agency. The purpose of this meeting is to attempt
to work out a repayment plan, or to otherwise settle your delinquency. This meeting must
occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency identified in this notice, no further proceeding in mortgage
foreclosure may take place for thirty (30) days after the date of this meeting. The name,
address and telephone number of our representative is:
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY
MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date: December 14, 2005
Re: Account No.: 14706810001; Mortgage in the original principal amount of
$10,300.00 dated April 30, 2002, in favor of M&T Bank
To: Mr. Anthony N. Thomas
From: Paul David Burke, Esquire
Sherrard, German & Kelly, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
You may be eligible for financial assistance that will prevent foreclosure on
your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act'). You may be eligible for emergency temporary
assistance if your default has been caused by circumstances beyond your control, you
have a reasonable prospect of resuming your mortgage payments, and if you meet other
eligibility requirements established by the Pennsylvania Housing Finance Agency. Please
read all of this Notice. It contains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with a representative of this lender, or with a
designated consumer credit counseling agency. The purpose of this meeting is to attempt
to work out a repayment plan, or to otherwise settle your delinquency. This meeting must
occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency identified in this notice, no further proceeding in mortgage
foreclosure may take place for thirty (30) days after the date of this meeting. The name,
address and telephone number of our representative is:
Ms. Beverly Ingalsbe
Foreclosure Specialist
M&T Bank
1100 Wehrle Drive, 2nd Floor
Williamsville, NY 14221
Telephone Number: (716)630-4924
The names and addresses of designated consumer credit counseling
agencies are shown on the attached sheet. It is only necessary to schedule one face-to-
face meeting. You should advise this lender immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly
installments of principal and interest, as required, for a period of at least sixty (60) days.
The total amount of the delinquency is $967.02. That sum includes the following: Monthly
payments of $241.76 each for the months of August, 2005 through November, 2005. The
interest per diem is $1.35 as of November 9, 2005.
If you have tried and are unable to resolve this problem at or after your face-
to-face meeting, you have the right to apply for financial assistance from the Homeowners'
Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a
completed Homeowners' Emergency Assistance Application with one of the designated
consumer credit counseling agencies listed on the attachment. An application for
assistance may only be obtained from a consumer credit counseling agency. The
consumer credit counseling agency will assist you in filling out your application and will
submit your completed application to the Pennsylvania Housing Finance Agency. Your
application must be filed or postmarked, within thirty (30) days of your face-to-face
meeting.
It is extremely important that you file your application promptly. If you do not
do so, or if you do not follow the other time periods set forth in this letter, foreclosure may
proceed against your home immediately.
Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete in
every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that additional time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front
Street, Post Office Box 15530, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-
3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717)
780-1869.
In addition you may receive another notice from this lender under Act 6 of
1974. That notice is called a "Notice of Intention to Foreclose Mortgage." You must read
both notices, since they both explain rights that you now have under Pennsylvania law.
However, if you choose to exercise your rights described in this notice, you cannot be
foreclosed upon while you are receiving that assistance.
Very truly yours,
SHERRARD, GERMAN & KELLY, P.C.
By:
P David Burke, Esquire
Attorneys for M&T Bank
Consumer Credit Counseling Agency Notification To:
Name of Mortgagee
Address
In accordance with the Pennsylvania Homeowners' Emergency Mortgage
Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling
assistance by:
Name of Applicant
Address
Telephone Number
Mortgage Loan Number
Address of property on which mortgage
in default, if different from above.
The counseling agency met with the above-named applicant on
who have indicated that they are more than sixty (60) days delinquent
on their mortgage payments and have received notification of intention to foreclose from
Name and Address of Mortgagee
In accordance with the Homeowners' Emergency Mortgage Assistance
Program, this is to inform you that:
1. If the delinquency cannot be resolved within the 30 day forbearance
period as provided by law, the applicant listed above may apply to the
Pennsylvania Housing Finance Agency for Mortgage Payment
Assistance.
2. By a copy of this Notice, we are notifying all other mortgagees, if any,
which the applicant has indicated as also having a mortgage on the
property identified above.
3. It is our understanding that the 30 day forbearance period in which we
are now in ends on
4. No legal action to enforce the mortgage may occur during this
forbearance period, unless procedural time limits were not met by the
homeowner.
Name of Counseling Agency
Signer and Title
Telephone Number
Address
CUMBERLAND COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services unlimited
117 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan
Harrisbur
25 N. Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX # (717) 232-4985
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX # (717) 243-3948
Exhibit "E"
SHERRARD, GERMAN & KELLY, P. C.
ATTOBNEYS AT LAW
28TH FLOOR. Two PNC PLAZA
620 LIBERTY AVENUE
PITTSBURGH. PENNSYLVANIA 15222
(412) 355-0200
PAULDAVIDBURKE FAX: (412) 261-6221
email: pdb@sgkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAID
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mrs. Margaret M. Thomas
3111 N. Front Street
Harrisburg, PA 17110
Re: Notice of Intention to Foreclose Mortgage
Dear Mrs. Thomas
The Mortgage held by M&T Bank (hereinafter "the Lender") on your
property located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN
SERIOUS DEFAULT because Vou have not made the monthly payments of $1,287.37
(each) for the months of August 2005 through November, 2005 Late charges are
$1,176.96. The total amount required to cure this default as of the date of this letter is
$6,326.44.
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paving to the Lender the above amount of $6,326.44, plus any additional
amounts which may fall due during this period. Such payment must be made either by
cash, cashier's check, certified check or money order, and made at M&T Bank. 1100
Wehrle Drive 2nd Floor Williamsville NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your
mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the
Lender refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred,
up to $50.00, in order to cure the default. However, if legal proceedings are started, in
order to cure the default you will have to pay the reasonable attorney's fees, actually
incurred, even if they are over $50.00, and you may also be required to pay the
SHERRARD, GERMAN 8c KELLY, P. C.
ATTORNEYS AT LAW
28TH FLooR. Two PNC PLAZA
620 LIBERTY AVENUE
PITTSBURGH. PENNSYLVANIA 15222
(412) 355-0200
PAULDAVIDBURKE FAX: 412) 261-6221
email: pdb@sgkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mrs. Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Re: Notice of Intention to Foreclose Mortgage
Dear Mrs. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your
property located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of $1.287.37
(each) for the months of August, 2005 through November, 2005. Late charges in the
amount of $1,176.96. The total amount required to cure this default as of the date of
this letter is $6,326.44.
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to the Lender the above amount of $6.326.44, plus any additional
amounts which may fall due during this period. Such payment must be made either by
cash, cashier's check, certified check or money order, and made at M&T Bank, 1100
Wehrle Drive, 2nd Floor Williamsville. NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start
a lawsuit to foreclose vour mortaaaed property. If the mortoaae is foreclosed. vour
mortaaaed Dropertv will be sold by the Sheriff to pav off the mortaaae debt. If the
Lender refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred,
up to $50.00, in order to cure the default. However, if legal proceedings are started, in
order to cure the default you will have to pay the reasonable attorney's fees, actually
incurred, even if they are over $50.00, and you may also be required to pay the
SHERRARD, GERMAN & KELLY, P. C.
ATTORNEYS AT LAW
28TH FLooR. Two PNC PLAZA
620 LIBERTY AVENUE
PITTSBURGH. PENNSYLVANIA 15222
(412) 055-0200
PAUL DAVID BURKE FAX: (412) 261-6221
email: pdb a gkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAID
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mr. Anthony N. Thomas
3111 N. Front Street
Harrisburg, PA 17110
Re: Notice of Intention to Foreclose Mortgage
Dear Mr. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your
property located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of $1,287.37
(each) for the months of August. 2005 through November, 2005. Late charges are
$1,176.96. The total amount required to cure this default as of the date of this letter is
$6,326.44.
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to the Lender the above amount of $6.326.44, plus any additional
amounts which may fall due during this period. Such payment must be made either by
cash, cashier's check, certified check or money order, and made at M&T Bank. 1100
Wehrle Drive. 2nd Floor Williamsville. NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your
mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the
Lender refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred,
up to $50.00, in order to cure the default. However, if legal proceedings are started, in
order to cure the default you will have to pay the reasonable attorney's fees, actually
incurred, even if they are over $50.00, and you may also be required to pay the
SHERRARD, GERMAN & KELLY, P. C.
ATTORNEYS AT LAW
28TH FLOOR. Two PNC PLAZA
620 LIBERTY AVENUE
PITTSBURGH. PENNSYLVANIA 15222
(412) 355-0200
PAUL DAVID BURKE FAX: (412) 261-6221
email: pdbasgkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mr. Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Re: Notice of Intention to Foreclose Mortgage
Dear Mr. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your
property located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN
SERIOUS DEFAULT because you have not made the monthly payments of $1,287.37
(each) for the months of August. 2005 through November, 2005 Late charges in the
amount of $1,176.96. The total amount required to cure this default as of the date of
this letter is $6,326.44.
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paving to the Lender the above amount of $6,326.44, plus any additional
amounts which may fall due during this period. Such payment must be made either by
cash, cashier's check, certified check or money order, and made at M&T Bank 1100
Wehrle Drive 2nd Floor. Williamsville NY Attention: Ms Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your
mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the
Lender refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred,
up to $50.00, in order to cure the default. However, if legal proceedings are started, in
order to cure the default you will have to pay the reasonable attorney's fees, actually
incurred, even if they are over $50.00, and you may also be required to pay the
SHERRARD, GERMAN & KELLY, P. C.
ATTORNEYS AT LAW
28TH FLooE. Two PNC PLAZA
62o LmEETY AVENUE
PITTSBURGH, PENNSYLVANIA 15222
(412) 355-0200
FAX: (412) 261-6221
PAUL DAVID BURKE
email: pdb@sgkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAID
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mrs. Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Re: Notice of Intention to Foreclose Mortgage
Dear Mrs. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your property
located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN SERIOUS
DEFAULT because you have not made the monthly payments of $241.76 (each) for the
months of August 2005 through November, 2005. The total amount required to cure this
default as of the date of this letter is $967.02.
You may cure this default within THIRTY (30) DAYS of the date of this letter,
by paving to the Lender the above amount of $967.02, plus any additional amounts which
may fall due during this period. Such payment must be made either by cash, cashier's
check, certified check or money order, and made at M&T Bank, 1100 Wehrle Drive, 2nd
Floor Williamsville, NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender maV instruct its attorneys to start a
lawsuit to foreclose your mortgaged property, If the mortgage is foreclosed, your
mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the Lender
refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00, in order to cure the default. However, if legal proceedings are started, in order
to cure the default you will have to pay the reasonable attorney's fees, actually incurred,
SHERRARD, GERMAN & KELLY, P. C.
ATTORNEYS AT LAW
28TH FLooR. Two PNC PLAZA
62o LIBERTY AVENUE
PITTSBURGH, PENNSYLVANIA 15222
(412) 355-0200
PAUL DAVID BURKE FAX: (412) 261-6221
email: pdb@sgkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mrs. Margaret M. Thomas
3111 N. Front Street
Harrisburg, PA 17110
Re: Notice of Intention to Foreclose Mortgage
Dear Mrs. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your property
located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN SERIOUS
DEFAULT because you have not made the monthly payments of $241.76 (each) for the
months of August 2005 through November, 2005. The total amount required to cure this
default as of the date of this letter is $967.02.
You may cure this default within THIRTY (30) DAYS of the date of this letter,
by paving to the Lender the above amount of $967.02, plus any additional amounts which
may fall due during this period. Such payment must be made either by cash, cashier's
check, certified check or money order, and made at M&T Bank 1100 Wehrle Drive, 2nd
Floor Williamsville NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start a
lawsuit to foreclose your mortgaged property If the mortgage is foreclosed your
mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the Lender
refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00, in order to cure the default. However, if legal proceedings are started, in order
to cure the default you will have to pay the reasonable attorney's fees, actually incurred,
SHERRARD, GERMAN & KELLY, P. C.
ATTORNEYS AT LAW
26TH FLooR. Two PNC PLAZA
620 LIBERTY AVENUE
PITTSBURGH. PENNSYLVANIA 15222
(412) 355-0200
PAUL DAVID BURKE FAX: (412) 261-6221
email: pdb@sgkpc.com
December 14, 2005
VIA U.S. CERTIFIED MAID
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mr. Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Re: Notice of Intention to Foreclose Mortgage
Dear Mr. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your property
located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN SERIOUS
DEFAULT because you have not made the monthly payments of $241.76 (each) for the
months of August 2005 through November, 2005. The total amount required to cure this
default as of the date of this letter is $967.02.
You may cure this default within THIRTY (30) DAYS of the date of this letter
by paling to the Lender the above amount of $967.02 plus any additional amounts which
may fall due during this period. Such payment must be made either by cash, cashier's
check, certified check or money order, and made at M&T Bank, 1100 Wehrle Drive, 2nd
Floor Williamsville NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start a
lawsuit to foreclose vour mortqaqed property. If the mortgage is foreclosed, your
mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the Lender
refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00, in order to cure the default. However, if legal proceedings are started, in order
to cure the default you will have to pay the reasonable attorney's fees, actually incurred,
SHERRA.RD, GERMAN & KELLY. P. C.
ATTORNEYS AT LAW
28TH FLoGR. TWO PNC PLAZA
620 LIBERTY AvENUE
PITTSBURGH. PENNSYLVANIA 15222
(412) 355-0200
FAX: (412) 261-6221
PAUL DAVID SURKE
email: pdb&&c.com
December 14, 2005
VIA U.S. CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
AND U.S. FIRST CLASS MAIL
Mr. Anthony N. Thomas
3111 N. Front Street
Harrisburg, PA 17110
Re: Notice of Intention to Foreclose Mortgage
Dear Mr. Thomas:
The Mortgage held by M&T Bank (hereinafter "the Lender") on your property
located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050 IS IN SERIOUS
DEFAULT because you have not made the monthly payments of $241.76 (each) for the
months of August 2005 through November, 2005. The total amount required to cure this
default as of the date of this letter is $967.02.
You may cure this default within THIRTY (30) DAYS of the date of this letter,
by paving to the Lender the above amount of $967.02, plus any additional amounts which
may fall due during this period. Such payment must be made either by cash, cashier's
check, certified check or money order, and made at M&T Bank, 1100 Wehrle Drive, 2nd
Floor Williamsville, NY Attention: Ms. Beverly Ingalsbe.
If full payment of the amount in default is not made within THIRTY (30)
DAYS, then, subject, to any additional rights you may have under the Homeowners'
Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start a
lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your
_mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the Lender
refers your case to its attorneys, but you cure the default before they begin legal
proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00, in order to cure the default. However, if legal proceedings are started, in order
to cure the default you will have to pay the reasonable attorney's fees, actually incurred,
SHERRABD. GERMAN & KELLY. P. C.
Mr. Anthony N. Thomas
December 14, 2005
Page 2
even if they are over $50.00, and you may also be required to pay the Lender's reasonable
costs. If you cure the default within the thirty-day period you will not be required to pay
attorney's fees.
If you have not cured the default within the thirty-day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at
any time up to one hour before the Sheriffs foreclosure sale. You may do so by paving the
total amount then due as well as the reasonable attorney's fees and costs connected with
the foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be
held would be approximately April 1, 2006. A notice of the date of the Sheriffs sale will be
sent to you before the sale. Of course, the amount needed to cure the default may
increase the longer you wait. You may find out at any time exactly what the required
payment will be by calling the Lender at the following number: (716) 630-4924. This
payment must be in cash, cashier's check, certified check or money order and be made
payable to the Lender at the Lender's address stated above.
You should realize that a Sheriffs sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live in the property
after the Sheriffs sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY, OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION, TO PAY OFF THIS DEBT. YOU
HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING
ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, IF A
SEPARATE NOTICE ABOUT THAT PROGRAM IS ENCLOSED WITH THIS NOTICE.
Very truly yours,
SHERRARD, GERMAN & KELLY, P.C.
By
P I David Burke, Esquire
Attorneys for M&T Bank
VERIFICATION
Barbara Maute, a duly authorized representative of MANUFACTURERS
AND TRADERS TRUST CO. d/b/a M & T BANK, deposes and says subject to
the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities that the facts set forth in the
foregoing Complaint are true and correct to the best of her
knowledge, information and belief.
Ak'w'tu,V?
Barbara Maute
Assistant Vice President
Lrl
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S: r. 1-I
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n
CASE NO: 2006-00774 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS AND TRADERS
VS
THOMAS ANTHONY N ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ANTHONY N
the
DEFENDANT , at 1957:00 HOURS, on the 8th day of February , 2006
at 1000 CHIPPENHAM
MECHANICSBURG, PA 17050 by handing to
ANTHONY N THOMAS
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 18.00
Service 10.56
Affidavit .00
Surcharge 10.00
.00
38.56
Sworn and Subscribed to before
w
me- this day of
7
A.D.
Pr a r y
I
So Answers:
R. Thomas Kline
02/09/2006
SHERRARD GERMAN KELLY
By: % -
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00774 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS AND TRADERS TRUS
VS
THOMAS ANTHONY N ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
THOMAS MARGARET
the
DEFENDANT , at 1957:00 HOURS, on the 8th day of February , 2006
at 1000 CHIPPENHAM ROAD
MECHANICSBURG, PA 17050 by handing to
MARGARET M THOMAS
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
7 7 A. D.
rothonot
So Answers:
A
?q
R. Thomas Kline
02/09/2006
SHERRARD GERMAN KELLY
By: Deputy Sheriff
a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
V.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGEMENT
FILED ON BEHALF OF PLAINTIFF:
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
PAUL DAVID BURKE, ESQUIRE
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
28TH FLOOR, TWO PNC PLAZA
PITTSBURGH, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff,
V.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
TO: PROTHONOTARY
PRAECIPE FOR DEFAULT JUDGMENT
Please enter a default judgment in the above-captioned case
in favor of Plaintiff and against the Defendants, ANTHONY N. THOMAS
and MARGARET M. THOMAS in the amount of $193,453.55 which is
itemized as follows:
Principal
Interest thru 1/17/06
Late Charges thru
TOTAL
Principal
Interest thru 11/4/05
TOTAL
TOTAL
CIVIL DIVISION
NO. 06-774-Civil
$178,061.17
$ 5,012.70
$ 1,471.20
$184,545.07
$ 8,576.47
$ 332.01
$ 8,908.48
$193,453.55
with interest on the aggregate outstanding principal balance
($186,637.64) at the rate of $35.45 per diem from January 17, 2006,
plus costs (including increases in escrow deficiency), additional
late charges, legal fees, and for foreclosure and sale of the
subject premises.
SHERRARD, GERMAN & KELLY, P.C.
Dated: >Z d&
By:
ul David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
Attorney For Plaintiff
111
c
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATION OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public, in and
for said County and State, personally appeared Paul David Burke,
attorney for and authorized representative of Plaintiff who, being
duly sworn according to law, deposes and says that the Defendants,
ANTHONY N. THOMAS and MARGARET M. THOMAS, are not in the military
service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of
Intent to Take Default Judgment were mailed in accordance with PA
R.C.P. 237.1, as evidenced by the attached copies.
P,4-dl David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
(412) 355-0200
Sworn t/o/ and subscribed before me
this 141,k /d/ay/,of G"mil C? 2006.
i CL' ;0/
Notary Public
Notarial seal
Cynthia I. Kliw, Notary Pudic
City U PdtsbuTh, Allegheny County
My Commission Expires June 15, 2005
Member, Pennsylvania Association Oi Ncfaiies
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
CIVIL DIVISION
Plaintiff,
v
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
TO:
Mr. Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
DATE: March 1, 2006
NO. 06-774-Civil
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) -990-9108
SHERRARD, GERMAN & KELLY, P.C.
Dated: By: ll-?--?
P David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff,
V.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
CIVIL DIVISION
NO. 06-774-Civil
Defendants.
TO:
Ms. Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
DATE: March 1, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
SHERRARD, GERMAN & KELLY, P.C.
Dated: By: -
Pa David Burke, Esquire
Pa. I.D. 434960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
7J
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Caption:
PRAECIPE FOR WRIT OF EXECUTION
MANUFACTURERS AND TRADERS TRUST CO,.,
VS.
ANTHONY N. THOMAS AND
MARGARET M. THOMAS ?
( ) Confessed Judgment
( ) Other
File No. 06-774-Civil
Amount Due $193,453.55
Interest
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate or?.ginal proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s) Anthony N. and Margaret M. Thomas
1000 Chippenham Road, Mechanicsburg, PA 17050
PRAECIPE FOR ATTAC114 NT EXB=ON
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: j // K / U4'
Signature: 61 Print Name: Paul David Burke. Eso.
Address: 28th Floor Two PNC Plaza
Pittsgurgh, PA 15222
Atty's Come
Attorney for: Plaintiff
Telephone:
412_355.0200
TI)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-774 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST CO.,
Plaintiff (s)
From ANTHONY N. THOMAS AND MARGARET M. THOMAS
(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 $193,543.55
Interest
Arty's Comm %
Atty Paid $136.56
Plaintiff Paid
Date: MAY 16, 2006
L.L. $.50
Due Prothy $1.00
Other Costs
CURTI LONG
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name PAUL DAVID BURKE, ESQUIRE
Address: 28ru FLOOR TWO PNC PLAZA
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-355-0200
Supreme Court ID No. 34960
n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. djbja M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO, 06-774-Civil
V.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. 434960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
Cambria County
Tax Claim Bureau
200 South Center Street
Ebensburg, PA 15931
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
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. §4909 relating to unsworn
falsification to authorities.
P,tXI David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and subscribed before me
j /... COMMONWEALTH OF PENNSYLVANIA
th' day 2006. Notatalseal
meresa A L china, Notary Public
/, City Of Pillsburgh, Allegheny County
Expires June 23, 2009
Notary Public Member, Pennsylvania Association of Notaries
I_
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C L 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
LONG DESCRIPTION
ALL THAT CERTAIN messuage, tenement and tract of land with improvements thereon,
situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #213, Kingswood,
Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly described as
follows:
BEGINNING at a point on the East side of Chippenham Road, said point also being a
distance of One Hundred Five feet North (105.00') of the intersection of the North side of Gotfview
Road and the East side of Chippenham Road; thence by the line of Lot No. 214 South Eighty-Six
degrees Thirty-One minutes Nineteen seconds East (S 86°31'19" E) a distance of One Hundred
Twenty-Five feet (125.00') to a point at land now or formerly of C.B. Slack; thence South Three
degrees Twenty-Eight minutes Forty-One seconds West (S 03°28'41 " W) a distance of One Hundred
Six and One-hundredths feet (106.01') to a point on the North side of Golfview Road; thence by
same North Eighty-Six degrees Three minutes Thirty seconds West (N 86°03'30" W) a distance of
One Hundred Ten and Thirteen One-Hundredths feet (110. 13') to a point at a curve; thence by same
and a curve to the left having a radius of Fifteen feet (15.00') an arc length of Twenty-Three and
Forty-Four One-Hundredths feet (23.44') to a point on the East side of Chippenham Road; thence
North Three degrees Twenty-Eight minutes Forty-One seconds East (N 03°28'41 " E) a distance of
Ninety and Twelve One-Hundredths feet (90.12') to the place of beginning.
CONTAINING 13,140.92 Square Feet, known and numbered as 1000 Chippenham Road,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements,
Restrictions, Equitable Servitudes, Charges and Liens dated June 10, 1987 and recorded June 11,
1987 in Cumberland County Miscellaneous Book 335, Page 119.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to a twenty foot (20') foot drainage
easement running along the easternmost lot line of said Lot No. 213 as shown on the aforesaid plan
recorded in Plan Book 55, Page 93.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to an easement for Development Sign
to be maintained by the homeowner's association as shown on the aforesaid plan recorded in Plan
Book 55, page 93.
UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and
other matters of record or that a physical inspection or survey of the premises would reveal.
PARCEL 410-16-1056-181
BEING the same property which Anthony N. Thomas, a married man, by his Deed dated
May 9, 2000, and recorded in the Recorder's Office of Cumberland County at Deed Book Volume
223, Page 687, granted and conveyed unto Anthony N. Thomas and Margaret M. Thomas, husband
and wife.
SHERRARD, GERMAN & KELLY, P.C.
oPavid Burke, Esquire
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 6, 2006 at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot #213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be filed at the Office of the
Sheriff before above sale date.
Claims to proceeds must be made with the office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the office of the
Sheriff no later than thirty (30) days from sale date.
I
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the
office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may
have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
the loss of your property. In order to exercise those rights,
prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20)
days after service of the Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend, you may have the right to have
the judgment opened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failing to
file the defense on time. If the judgment is opened, the Sheriff's
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or
delay the execution and the Sheriff's Sale if you can show a defect
in the Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff's Sale set
aside if the property is sold for a grossly inadequate price or if
there are defects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and before
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
Office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
Dated: S? 2 By:
Pain David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
O
7
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Iii
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
TYPE OF PLEADING:
PA. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF
SERVICE
Filed on behalf of
MANUFACTURERS AND TRADERS
TRUST CO.,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
Eric C. Springer, Esquire
Pa. I.D. #56600
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
PA. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
Eric C. Springer, Esquire, Attorney for Plaintiff,
MANUFACTURERS AND TRADERS TRUST CO., being duly sworn according to
law, deposes and makes the following Affidavit regarding service of
the notice of the sale of real property on all persons named in
Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule
3129.1 as follows:
1. By notice post-marked July 12, 2006, the undersigned
counsel served all persons (other than the Plaintiff) named in
Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule
3129.1 with a notice of the sale of real property by ordinary mail
at the respective addresses set forth in the Affidavit Pursuant to
Rule 3129.1. A true and correct copy of said Affidavit is marked
Exhibit "A", attached hereto, and made a part hereof.
2. Undersigned counsel obtained U.S. Postal Service Form
3817 Certificates of Mailing for said notice. A true and correct
copy of the Certificates of Mailing and said notice, if returned as
of this date, are marked collectively as Exhibit "B", attached
hereto and made apart hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
belief.
Eri C. S ringe , Esquire
Pa. I. 56600
SHE AR GER & KELLY, P.C.
28th to PNC Plaza
Pitts gh, PA 15222-2602
Attorneys for Plaintiff
Sworn and subscribed before me
this QLtb day of 2006.
0, wbulw' ? - au'-L
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cynthia I. Klier, Notary Public
City Of Pittsburgh, Allegheny Courtly
My Commission Expires June 15, 2010
Member, Pennsylvania Association of Notaries
Exhibit "A"
r a "T1
t i
?+}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
Cambria County
Tax Claim Bureau
200 South Center Street
Ebensburg, PA 15931
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
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. §4909 relating to unsworn
falsification to authorities.
Pq?A David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and subscribed before me
COMMONWEALTH OF PENNSYLVANIA
1-04 t h' day 2006. NotwW Seal
Theresa A Lichina, Notary Public
/ City Of Pittsburgh. AMeOW County
Notary Public My Corrmissioft Expires June 23, 2009
Member, Pennsylvania Association of Notaries
Exhibit "B-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 6, 2006 , at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot #213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be f iled at the of f ice of the
Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
I
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may
have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
the loss of your property. In order to exercise those rights,
prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20)
days after service of the Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend, you may have the right to have
the judgment opened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failing to
file the defense on time. If the judgment is opened, the Sheriff's
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or
delay the execution and the Sheriff' s Sale if you can show a defect
in the Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff's Sale set
aside if the property is sold for a grossly inadequate price or if
there are defects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and before
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
r^ .
Dated : 2? By :
Pa David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
4
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE Fr ...... •^ r.
Receives SHERRARD, GERMAN &R'p
ATTORNEYS AT C?9
28Tx FLOOR. Two P C LAZA
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820 LIBERTY A U0 "C '
C= C-5
PITTSBURGH, PENNSY A IA 15222 a
One piece of ordinary mail addressed to:
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r-a r-orm sa r r, January zuui /
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Affix fee here in stamps
or meter postage and
.pott mark. inquire of
Postmaster for.current
fee.
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Manufacturers and Traders Trust Co. d/b/a M&T In The Court of Common Pleas of
Bank, Successor in interest to Allfirst Bank Cumberland County, Pennsylvania
VS Writ No. 2006-774 Civil Term
Anthony N. Thomas and Margaret M. Thomas
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Paul David Burke.
Sheriffs Costs:
Docketing 30.00
Poundage 23.06
Postpone Sale 20.00
Posting Handbill 15.00
Advertising 15.00
Law Library .50
Prothonotary 1.00
Mileage 24.64
Levy 15.00
Surcharge 30.00
Law Journal 593.00
Patriot News 389.60
Share of bills 19.31
$1,176.11
So Answers:
M
R. Thomas Klin , Sheriff
BY
Real Estate Orgeant
440 q166 4-
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
e
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
r
1
Cambria County
Tax Claim Bureau
200 South Center Street
Ebensburg, PA 15931
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7.. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
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. §4909 relating to unsworn
falsification to authorities.
Pal David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and subscribed before me
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
t h' day 2006.
Theresa A. Lichina, Notary Public
? City Of Pittsburgh, Agegheny Cotutty
My Commission Expires June 23, 2009
Notary Public' Member, Pennsylvania Association of Notaries
V b i Oil UR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. ##34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 6, 2006 , at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot #213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be filed at the Office of the
Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be f fled with the Of fice of the Sherif f no later than ten (10)
days from the date when Schedule of Distribution is filed in the
office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may
have legal rights to prevent your property from being taken. A
lawyer, can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
the loss of your property. In order to exercise those rights,
prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20)
days after service of the Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend, you may have the right to have
the judgment opened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failing to
f ile the defense on time. If the judgment is opened, the Sherif f ' s
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or
delay the execution and the Sheriff's Sale if you can show a defect
in the Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff's Sale set
aside if the property is sold for a grossly inadequate price or if
there are defects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and before
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
By:
Dated:.
Pam David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
LONG DESCRIPTION
ALL THAT CERTAIN messuage, tenement and tract of land with improvements thereon,
situate in Hampden Township, Cumberland County, Pennsylvania, being Lot 4213, Kingswood,
Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly described as
follows:
BEGINNING at a point on the East side of Chippenham Road, said point also being a
distance of One Hundred Five feet North (105.00) of the intersection of the North side of Golfview
Road and the East side of Chippenham Road; thence by the line of Lot No. 214 South Eighty-Six
degrees Thirty-One minutes Nineteen seconds East (S 86°3119" E) a distance of One Hundred
Twenty-Five feet (125.00') to a point at land now or formerly of C.B. Slack; thence South Three
degrees Twenty-Eight minutes Forty-One seconds West (S 03°28'41" W) a distance of One Hundred
Six and One-hundredths feet (106.01') to a point on the North side of Golfview Road; thence by
same North Eighty-Six degrees Three minutes Thirty seconds West (N 86°03'30" W) a distance of
One Hundred Ten and Thirteen One-Hundredths feet (110.13') to a point at a curve; thence by same
and a curve to the left having a radius of Fifteen feet (15.00') an arc length of Twenty-Three and
Forty-Four One-Hundredths feet (23.44') to a point on the East side of Chippenham Road; thence
North Three degrees Twenty-Eight minutes Forty-One seconds East (N 03°28'41" E) a distance of
Ninety and Twelve One-Hundredths feet (90.12') to the place of beginning.
CONTAINING 13,140.92 Square Feet, known and numbered as 1000 Chippenham Road,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements,
Restrictions, Equitable Servitudes, Charges and Liens dated June 10, 1987 and recorded June 11,
1987 in Cumberland County Miscellaneous Book 335, Page 119.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to a twenty foot (20') foot drainage
easement running along the easternmost lot line of said Lot No. 213 as shown on the aforesaid plan
recorded in Plan Book 55, Page 93.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to an easement for Development Sign
to be maintained by the homeowner's association as shown on the aforesaid plan recorded in Plan
Book 55, page 93.
t
k
UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and
other matters of record or that a physical inspection or survey of the premises would reveal.
PARCEL #10-16-1056-181
BEING the same property which Anthony N. Thomas, a married man, by his Deed dated
May 9, 2000, and recorded in the Recorder's Office of Cumberland County at Deed Book Volume
223, Page 687, granted and conveyed unto Anthony N. Thomas and Margaret M. Thomas, husband
and wife.
SHERRARD, GERMAN & KELLY, P.C.
f.
P avid Burke, Esquire
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-774 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST CO.,
Plaintiff (s)
From ANTHONY N. THOMAS AND MARGARET M. THOMAS
(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 $193,543.55
Interest
Atty's Comm %
Atty Paid $136.56
Plaintiff Paid
Date: MAY 16, 2006
L. L. $.50
Due Prothy $1.00
Other Costs
CURTIS R LONG j
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name PAUL DAVID BURKE, ESQUIRE
Address: 28TH FLOOR TWO PNC PLAZA
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-355-0200
Supreme Court ID No. 34960
Real Estate Sale # 45
On May 30, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1000 Chippenham Rd.,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 30, 2006 By:
Real Estate Sergeant
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
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:
July 21, July 28, and August 4, 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.
Marie Coyne,'Vditor
SWORN TO AND SUBSCRIBED before me this
4 day of August, 2006 _
LOIS E. SNYDF:F3, Notary Public
Carlisle Soro, ??!imberland Colin',
REAL. ESTATE SALE NO. 45
Writ No. 2006-774 Civil
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
VS.
Anthony N. Thomas and
Margaret M. Thomas
Atty.: Paul David Burke
LONG DESCRIPTION
ALL THAT CERTAIN messuage,
tenement and tract of land with im-
provements thereon, situate in
Hampden Township, Cumberland
County, Pennsylvania, being Lot
#213, Kingswood, Phase II, as re-
corded in Cumberland County Plan
Book 55, Page 93, more particularly
described as follows:
BEGINNING at a point on the
East side of Chippenham Road, said
point also being a distance of One
Hundred Five feet North (105.00')
of the intersection of the North side
of Golfview Road and the East side
of Chippenham Road; thence by the
line of Lot No. 214 South Eighty-Six
degrees Thirty-One minutes Nine-
teen seconds East (S 86°31' 19" E) a
distance of One Hundred Twenty-
Five feet (125.00') to a point at land
now or formerly of C.B. Slack;
thence South Three degrees
Twenty-Eight minutes Forty-One
seconds West (S 0312841" W) a dis-
tance of One Hundred Six and One-
hundredths feet (106.01) to a point
on the North side of Golfview Road;
thence by same North Eighty-Six
degrees Three minutes Thirty sec-
onds West (N 86°03'30" W) a dis-
tance of One Hundred Ten and Thir-
teen One-Hundredths feet (110.13')
to a point at a curve; thence by
same and a curve to the left having
a radius of Fifteen feet (15.00') an
are length of Twenty-Three and
Forty-Four One-Hundredths feet
(23.44') to a point on the East side
of Chippenham Road; thence North
Three degrees Twenty-Eight min-
utes Forty-One seconds East (N
03°28'41" E) a distance of Ninety
and Twelve One-Hundredths feet
(90.12') to the place of beginning.
CONTAINING 13,140.92 Square
Feet, known and numbered as 1000
Chippenham Road, Mechanicsburg,
Pennsylvania.
UNDER AND SUBJECT, NEVER-
THELESS, to Declaration of Cov-
enants, Easements, Restrictions,
Equitable Servitudes, Charges and
Liens dated June 10, 1987 and re-
corded June 11, 1987 in Cumber-
land County Miscellaneous Book
335, Page 119.
ALSO UNDER AND SUBJECT,
NEVERTHELESS, to a twenty foot
(20) foot drainage easement running
along the easternmost lot line of said
Lot No. 213 as shown on the afore-
said plan recorded in Plan Book 55,
Page 93.
ALSO UNDER AND SUBJECT,
NEVERTHELESS, to an easement
for Development Sign to be main-
tained by the homeowner's associa-
tion as shown on the aforesaid plan
recorded in Plan Book 55, page 93.
UNDER AND SUBJECT, never-
theless, to all easements, restric-
tions, encumbrances and other
matters of record or that a physical
inspection or survey of the premises
would reveal.
PARCEL #10-16-1056-181.
BEING the same property which
Anthony N. Thomas, a married man,
by his Deed dated May 9, 2000,
and recorded in the Recorder's Of-
fice of Cumberland County at Deed
Book Volume 223, Page 687,
granted and conveyed unto Anthony
N. Thomas and Margaret M. Thom-
as, husband and wife.
. t1
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 July and the
2nd day(s) of August 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 Sworn to and b efore me this 168b(k .Ai12 D$YLVAI
S A L E #45 H? EENNN
Notarial Seal
Terry L. Russell, Notary Public
City Harrisb , Dauphin County
My mmiss' 'res June 6, 2010
?,M$mb ,Pen vania s a ota
NOT Y PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
1JAL SSTATE SALE M 45
W* Ma. 0*AM
Mom in1:1t^s tlt ATnKb sThwt
Co. dffih,f& AT BOW, Visor
in IIft8at to /glArt!<t 8nk
Vs
Anthony N.Thomas artd Margaret
M.Thous
Atty: POW David Burke
DESCRIPTION
ALL THAT CERTAIN messuage, tenement and
tract of land with improvements thereon, situate in
Hampden Township, Cumberland County,
Pennsylvania, being Lot #213, Yingswood, Phase
11, as recorded in Cumberland County Plan Book
55, Page 93, rte particularly described as
follows:
BEGRCING at a point on the East side of
Chippenham Road, said point also being a
distance of One Hundred Five feet North (105-00')
of the intersection of the North side of Goffview
Road and the East side of Chippenham Road;
thence by the line of Lot No. 214 Sort Eighty-
Six degrees Thirty-One minutes Nines seconds
East (S 86° 31' 19" E) a distance of One Hundred
Twcety Five fed (125.00') to a point at land now
or formerly of C.B. Slack, thence south Three
degrees Twenty-Eight minutes Forty-One seconds
West (S 03° 28' 41" W) a distance of One
Hundred Six and One-hundredths fed (106.01') to
a point on' the Nod side of Golfview Road;
thence by same forth Eighty-Six degrees Three
minutes Thirty seconds West (N W 03' 30" W) a
distance of One Bunched Ten and Tbitteen One-
Hundredths feet (110.13') to a point at a curve;
thence by same and a curve to the left having a
radius of Fifteen Let (15.00') an arc length of
Twenty-Three and Forty-Four OnaHundredths
feet (23.44') to a point on the East side of
Chippenham Ro# theece North Three degrees
Twenty-Eight niiiA s Forty-Oue seconds East (N
03° 28' 41" E) a distance of Ninety and Twelve
Ofie-Hi ndreft feet (90.12') to the place of
beginning.
Containing 13,140.92 Square Feet, known and
numbered as 1000 Chippenham Road,
Mechanksbuig, PennsyNaWa. Under and subject,
nevertheless, to Dedlaradon of Covenants,
Easements, Restrierims lkpitabk Servers,
Charges and Liars dated fu 10, 1987 and
recorded June 11, 1987 in CumbedrAd County
Miscellaneous Book 335, Page 119. Also under
ad 44J AM 2- is' itdea, to a ttamty bm (2W)
itiae MMbW *$M OM too* *ft- the
?arapasrtM 1rA lae of ?sttlaiMrtn
on *9 nlMiON In #k S3.
Pti?tt It. Also under and 40* 0r?ii `a
a a aament for Dove] - W40 to be
by the hoiaeowt;s aeeeeion as
shown on the aforesaid plan recorded in Plan
Book 55, page 93. Under and subject,
nevertheless, to all easements, restrictions,
encumbca c s and Qtw matters of record or that a
physical inspection or survey of the premises
would reveal.
PAit<M n I 1056.181
Be4,Iie same which Anthony N.
'T'homas, a man; dated May 9,
2ooo, and ,' the of
Cumberland County Lam Book VoIU
ud and conveyed unto Anthoay N.
M. Tomas, b>vsband and
vride.
IN THE COURT OF COON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
( ) Confessed Judgment
MANUFACTURERS AND TRADERS TRUST CO,
VS.
ANTHONY N. THOMAS AND
MARGARET M. THOMAS.:
TO THE PROTHONOTARY OF THE SAID COURT:
: ( ) Other
. File No. 06_774-Civil
: Amount Due $193,453,55
. Interest
Atty's Conn
. Costs
The undersigned hereby certifies that the below does not arise out of a retail
instal3nrent sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
arrended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendants} Anthony N. and Margaret M. Thomas
1000 Chippenham . Road,I Mechanicsburg, PA 17050
Pa el No 10-16-105G-181
PRAECIPE FOR ATTACHMENT EX7CZTPION
Issue writ of attachment.to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: ,L1 z `J,U Signature:
Print Name: Paul David Burke, Esq.
Address: 28th Floor Two PNC Plaza
Pittsgurgh, PA 15222
Attorney for: Plaintiff
T-elephonce: 412-355-0200
V
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-774 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST CO.,
Plaintiff (s)
From ANTHONY N. THOMAS AND MARGARET M. THOMAS
(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 gamishee(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 $193,453.55
Interest
Atty's Comm %
Atty Paid $1334.17
L.L.
Due Prothy $2.00
Other Costs
Plaintiff Paid
Date: APRIL 11, 2007
(Seal)
1410J.a4i-.4-
C 's R. Long, onota
By:
Deputy
REQUESTING PARTY:
Name PAUL DAVID BURKE, ESQUIRE
Address: 28TH FLOOR
TWO PNC PLAZA
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-355-0200
Supreme Court ID No. 34960
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Sq.
Carlisle, PA 17013
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
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. §4909 relating to unsworn
falsification to authorities.
P David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and /subscribedbefore me
t h i s l)</ T v! day l/ (??'t n ?L 2 0 0 7 COMMONWEALTH OF PENNSYLVANIA
NotarW Seal
^_?,?,? Theresa A. L cUM NoWy Pubk
City Of Mstmm ANegtterty Cotrdy
ary Public MyCam*don E)O?sJum a20M
Member, Pennsyivanis Association of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 5, 2007 , at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot ##213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be filed at the Office of the
Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the
Of ice of the Sheriff.
Attached hereto is a copy.of the Writ of Execution. It has
been issued because there is a dgment against you. It may cause
your property to be held or tak uen to pay the judgment. You may
have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
Kelp loss of your property. In order to exercise those rights,
hmptaction on your part is necessary. A lawyer may be able to
P Yo
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or ob]'ection you might have within twenty (20)
days after service of the Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend, you may have the right to Have
the judgment opened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failing to
file the defense on time. If the judgment is opened, the Sheriff's
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or
Belayy the execution and the Sheriff's Sale if you can show a defect
in tF?e Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff's Sale set
aside if the _property is sold for a grossly inadequate price or if
there are defects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and be ore
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
Dated: ?Ly %0 7 By: /A
Pu'C11 David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
V.
Plaintiff, NO. 06-774-Civil
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
LONG DESCRIPTION
ALL THAT CERTAIN messuage, tenement and tract of land with improvements thereon,
situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #213, Kingswood,
Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly described as
follows:
BEGINNING at a point on the East side of Chippenham Road, said point also being a
distance of One Hundred Five feet North (105.00') of the intersection of the North side of Golfview
Road and the East side of Chippenham Road; thence by the line of Lot No. 214 South Eighty-Six
degrees Thirty-One minutes Nineteen seconds East (S 86°31'19" E) a distance of One Hundred
Twenty-Five feet (125.00') to a point at land now or formerly of C.B. Slack; thence South Three
degrees Twenty-Eight minutes Forty-One seconds West (S 03°28'41 " W) a distance of One Hundred
Six and One-hundredths feet (106.01') to a point on the North side of Golfview Road; thence by
same North Eighty-Six degrees Three minutes Thirty seconds West (N 86°03'30" W) a distance of
One Hundred Ten and Thirteen One-Hundredths feet (110. IT) to a point at a curve; thence by same
and a curve to the left having a radius of Fifteen feet (15.00') an arc length of Twenty-Three and
Forty-Four One-Hundredths feet (23.44') to a point on the East side of Chippenham Road; thence
North Three degrees Twenty-Eight minutes Forty-One seconds East (N 03°28'41" E) a distance of
Ninety and Twelve One-Hundredths feet (90.12') to the place of beginning.
CONTAINING 13,140.92 square feet, known and numbered as 1000 Chippenham Road,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements,
Restrictions, Equitable Servitudes, Charges and Liens dated June 10, 1987 and recorded June 11,
1987 in Cumberland County Miscellaneous Book 335, Page 119.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to a twenty foot (20') foot drainage
easement running along the easternmost lot line of said Lot No. 213 as shown on the aforesaid plan
recorded in Plan Book 55, Page 93.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to an easement for Development Sign
to be maintained by the homeowner's association as shown on the aforesaid plan recorded in Plan
Book 55, page 93.
UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and
other matters of record or that a physical inspection or survey of the premises would reveal.
PARCEL #10-16-1056-181
BEING the same property which Anthony N. Thomas, a married man, by his Deed dated
May 9, 2000, and recorded in the Recorder's Office of Cumberland County at Deed Book Volume
223, Page 687, granted and conveyed unto Anthony N. Thomas and Margaret M. Thomas, husband
and wife.
SHERRARD, GERMAN & KELLY, P.C.
aul David Burke, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
TYPE OF PLEADING:
PA. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF
SERVICE
Filed on behalf of
MANUFACTURERS AND TRADERS
TRUST CO.,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
PA. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
Paul David Burke, Esquire, Attorney for Plaintiff,
MANUFACTURERS AND TRADERS TRUST CO., being duly sworn according to
law, deposes and makes the following Affidavit regarding service of
the notice of the sale of real property on all persons named in
Paragraphs 3 through 7 of Plaintiff's Supplement to Affidavit
Pursuant to Rule 3129.1 as follows:
1. By notice post-marked June 12. 2007, the undersigned
counsel served all persons (other than the Plaintiff) named in
Paragraphs 3 through 7 of Plaintiff's Supplement to Affidavit
Pursuant to Rule 3129.1 with a notice of the sale of real property
by ordinary mail at the respective addresses set forth in the
Supplement to Affidavit Pursuant to Rule 3129.1. A true and
correct copy of said Supplement to Affidavit is marked Exhibit "A",
attached hereto, and made a part hereof.
2. Undersigned counsel obtained U.S. Postal Service Form
3817 Certificates of Mailing for said notice. A true and correct
copy of the Certificates of Mailing and said notice, if returned as
of this date, are marked collectively as Exhibit "B", attached
hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
belief.
gWil David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
Attorneys for Plaintiff
Sworn and subscribed before me
this day o 2007.
y
Notary Public
COMMONWWM ?F PENNSYLVANIA
rial Seal
Thom A_ W*K NOW Pubk
' Ade Asle 3, 200®
, yvani- Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
SUPPLEMENT TO
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Anthony N. Thomas
3111 North Front Street
Harrisburg, PA 17110-1310
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
Frank Beddia
Susquehanna Trail
York, PA 17407
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Sq.
Carlisle, PA 17013
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
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. §4909 relating to unsworn
falsification to authorities.
P David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and subscribed before me
is day 2007.
Notary Public
20MMi? 7'H OF
PENNSYLVANIA
Notate Sed
Therm A. Lida, Notary Public )k J" 2% MW
W GW"babn
Member, Pennsylvania Association of Notadee
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 5, 2007 , at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot #213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be filed at the Office of the
Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the
Off ice of the Sheriff.
Attached hereto is a copy,of the Writ of Execution. It has
been issued because there is audgment against you. It may cause
your property, to be held or to en to pay the judgment. You may
have legal rights to prevent your propert from being taken. A
lawyer can advise you more specifically ofythese rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
ppelthe loss of your property. In order to exercise those rights,
hmptaction on your part is necessary. A lawyer may be able to
P you.
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or ob]'ection you might have within twenty (20)
days after service of the Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend you may have the right to have
the judgment o ened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failin to
file the defense on time. If the judgment is opened, the Sheriff's
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or
Belayy the execution and the Sheriff's Sale if you can show a defect
in tFie Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff ' s Sale set
aside if the _property is sold for a grossly inadequate price or if
there are detects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and before
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
Office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
Dated: ?1 y ;?LJ By : f?
P 1 David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps
or meter postage and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT postmark Inquire of
Postmaster for current
PROVIDE FOR INSURANCE-POSTMASTER
tee.
Received From:
JHERRARD, GERMAN & KELLY, P.C. ,
ATTORNEYS AT LAW
28TH FLOOR, Two PNCpLWd.
.
620 LIBERTY AVENUE
//
NN SYLVANIP2 JUII
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ITTSBURGH,
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One piece of ordinary mail addressed to: ? t
- Tax Claim Bureau
Cumberland County Courthb-d -=f' anti
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One Courthouse Sq.
Carlisle, PA 17013
r?
PS Form 3817, January 2001 }¢? ~ $ yr
U.S. POSTAL SERVICE
IAY BE USED FOR DOMES
ROADE FOR INSURANCE.
Received From:
CERTIFICATE OF MAILING
ID INTERNATIONAL MAIL, DOES NOT
MASTER ?? ?p-
SIMA0
GERMAN & KELLY, RC.
ATTORNEYS AT LAW
28th Floor, Two PNC Plaza
620 Liberty Avenue
Pie h-ah Per mwi ania 15222 .,d
One piece of ordinary mail addressed to:
Frank Beddia
Susquehanna Trail
York, PA 17407
PS Form 3817, January 2001
Affix fee here in stamps
or meter postage and
postmark Inquire of
P
Tbr,eurrent
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
PA. R.C.P. RULE 3129.2(c)
AFFIDAVIT OF SERVICE
DEFENDANT/OWNER
Filed on behalf of
MANUFACTURERS AND TRADERS TRUST
CO., Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
PA. R.C.P. RULE 3129.2(c)
AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER
Paul David Burke, Esquire, Attorney for Plaintiff,
MANUFACTURERS AND TRADERS TRUST CO., being duly sworn according to
law, deposes and makes the following Affidavit regarding service of
the Plaintiff's notice of the sale of real property in this matter
on the Defendants, ANTHONY N. THOMAS and MARGARET M. THOMAS as
follows:
1. ANTHONY N. THOMAS and MARGARET M. THOMAS, are the owners
of the real property and have not entered an appearance of record.
2. The undersigned counsel instructed the Sheriff of
Cumberland County to serve the Defendants, ANTHONY N. THOMAS and
MARGARET M. THOMAS, with the Notice of Sale of Real Property at the
property address of 1000 Chippenham Road, Mechanicsburg, PA 17050.
True and correct copies of said Notice and the Sheriff's direction
are marked Exhibit "A", attached hereto and made a part hereof.
3. On or about June 18, 2007 , the Defendants were served
with the notice of the sale of real property in this matter. A
true and correct copy of Sheriff's Return is marked Exhibit
attached hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
belief.
SHERRARD, GERMAN & KELLY, P.C.
?.
By:
J!Wul David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
Attorneys for Plaintiff
Sworn to and subscribed before me
t 41- day o 2007.
Notary Public
COWWONWEAI.TH OF PENNSYLVANIA
Nodal Seal
Theresa A. LJohi A Notary Public
City Of tfsbu'gh, Allegheny County
My Corrtrniselon EVires June 23,2W9
Member, Pennsylvania Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 5, 2007 , at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot #213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be f fled at the Of f ice of the
Sheriff before above sale date.
Claims to proceeds must be made with the office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
Attached hereto is a copy.of the Writ of Execution. It has
been issued because there is a Judgment against you. It may cause
your property to be held or taken to pay the judgment. You may
have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically ofthese rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
ppelthe loss of your property- In order to exercise those rights,
hmptaction on your part is necessary. A lawyer may be able to
P you.
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or ob'ection you might have within twenty (20)
days after service of tre Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend, you may have the right to have
the judgment opened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failin to
file the defense on time. If the judgment is opened, the Sheriff's
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to sta or
delay the execution and the Sheriff's Sale if you can show a defect
in the Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff ' s Sale set
aside if the roperty is sold for a grossly inadequate price or if
there are detects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and be ore
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
Office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
Dated: /-4-7 rr?
?0 By: ?2
P 1 David Burke, Esquire
Pa. I.D. ##34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
t.
CUMBERLAND COUNTY SHERIFF'S DEPARTMENT
PLAINTIFF MANUFACTURERS AND TRADERS
TRUST CO. d/b/a M & T BANK CASE # 06774-Civil
EXPIRES
SUMMONS/PRAECIPE
VS.
COMPLAINT ONLY
DEFT. ANTHONY N. THOMAS and NOTICE & COMPLAINT
ADD. DEFT. MARGARET M. THOMAS _ REVIVAL/SCI FA
ADD. DEFT. INTERROGATORIES
GARNISHEE _ EXECUTION/LEVY
ADDRESS 1000 Chippenham Road GARNISHEE
Mechanicsburg, PA 17050 xx OTHER serve notice
MUNICIPALITY WARD/ CITY WARD
DATE: March 28 20 07 ATT'Y: PAUL DAVID BURKE, ESQUIRE
PHONE: (412) 355-0200 28th. FL, Two PNC Plaza
PITTSBURGH AP 15222
INDICATE TYPE OF SERVICE: xxPERSONAL xxPERSON IN CHARGE DEPUTIZE CERT. MAIL
POSTED OTHER LEVY SEIZED
SHERIFF'S OFFICE USE ONLY
I hereby CERTIFY and RETURN that on the day of , 20_, at
o'clock, A.M./P.M. Address Above/Address Below, County of Cumberland, PA
I have served in the manner Described below:
Defendant personally served
_ Adult family member with whom said Defendant(s) reside(s).
Name & Relationship
_ Adult in charge of Defendant's residence who refused to give name/rel.
_ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
_ Agent or person in charge of Defendant(s) office or place of business.
Other
- Property Posted
Defendant not found because
Moved _ Unknown _ No Answer Vacant
BY
Deputy
Manufacturers and Traders Trust Co. d/b/a In the Court of Common Pleas of
M & T Bank, successor in interest to Allfirst Cumberland County, Pennsylvania
Bank Writ No. 2006-774 Civil Term
VS
Anthony N. Thomas and Margaret M. Thomas
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on June 18, 2007 at 1901 hours, he 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: Anthony N. Thomas and Margaret M. Thomas, by making known unto Margaret
M. Thomas personally and wife to Anthony N. Thomas, at 1000 Chippenham Road,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time
handing to her personally the said true and correct copy of the same.
Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states
that on July 12, 2007 at 1723 hours, she posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of
Anthony N. Thomas and Margaret M. Thomas located at 1000 Chippenham Road,
Mechanicsburg, Cumberland County, 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: Anthony N. Thomas and Margaret M. Thomas, by regular mail to
their last known address of 1000 Chippenham Road, Mechanicsburg, PA 17050. These
letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs
Office.
So Answer*rs-'?'? '
r
R. Thomas Kline, Sheriff
BY ,
Real Estate Sergeant
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?:'' i`n
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION 0
CO. d/b/a M & T BANK, successor
m
in interest to ALLFIRST BANK, .
Plaintiff, NO. 06-774-Civil ;.~ Co
v. c=i _ ? _?r
ANTHONY N. THOMAS and
MARGARET M. THOMAS, ZZ
Defendants.
SUPPLEMENT TO
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
S
l
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Anthony N. Thomas
3111 North Front Street
Harrisburg, PA 17110-1310
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
Frank Beddia
Susquehanna Trail
York, PA 17407
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Sq.
Carlisle, PA 17013
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information and
a ,
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. §4909 relating to unsworn
falsification to authorities.
Pa&T David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and subscribed before me
is day 2007.
Notary Public
MICT_H OF PENNSYWANIA
Sod ?y PEft
23 2006
Member, Pennsylvania Association of Notaries
Chi n.,
cy ° C>
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Manufacturers and Traders Trust Co. d/b/a In the Court of Common Pleas of
M & T Bank, successor in interest to Allfirst Cumberland County, Pennsylvania
Bank Writ No. 2006-774 Civil Term
VS
Anthony N. Thomas and Margaret M. Thomas
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on June 18, 2007 at 1901 hours, he 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: Anthony N. Thomas and Margaret M. Thomas, by making known unto Margaret
M. Thomas personally and wife to Anthony N. Thomas, at 1000 Chippenham Road,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time
handing to her personally the said true and correct copy of the same.
Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states
that on July 12, 2007 at 1723 hours, she posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of
Anthony N. Thomas and Margaret M. Thomas located at 1000 Chippenham Road,
Mechanicsburg, Cumberland County, 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: Anthony N. Thomas and Margaret M. Thomas, by regular mail to
their last known address of 1000 Chippenham Road, Mechanicsburg, PA 17050. These
letters were mailed under the date of July 3, 2007 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 letter of request from Attorney Paul Burke.
Sheriff s Costs:
Docketing 30.00
Poundage 4,170.33
Posting Bills 15.00
Advertising 15.00
Prothonotary 2.00
Mileage 24.96
Levy 15.00
Surcharge 30.00
Law Journal 587.00
Patriot News 503.42
Share of Bills 15.69
Postpone Sale 20.00
$5,428.40 ,/ I f 1 S/o ?
R. Thomas Kline, Sheriff
B 0"
Real Estate ' ergeant
r
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. ##34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D.'No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
I
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul
David Burke, Counsel for MANUFACTURERS AND TRADERS TRUST CO., in
the above action, and sets forth as of the date of the Praecipe for
Writ of Execution was filed, the following information concerning
the real property located at 1000 Chippenham Road, Mechanicsburg,
PA 17050:
1. Name and address of owners or reputed owners:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Anthony N. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
Margaret M. Thomas
1000 Chippenham Road
Mechanicsburg, PA 17050
3. Name and address of every judgment creditor whose
judgment is a record lien on the real property to be
sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
4. Name and address of the last recorded holder of every
mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
5. Name and address of every other person who has any record
lien on the property:
I
Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Sq.
Carlisle, PA 17013
6. Name and address of every other person who has any record
interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the
plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is
provided solely to comply with the Pennsylvania Rules of Civil
Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is
being sold under this execution. No person or entity is entitled
to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in
formulating bids which might by made at the sale of the property.
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. §4909 relating to unsworn
falsification to authorities.
Pa(izl David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and /subscribedbefore me
this l `?T v day 2 0 0 7 COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Thereea A. Liohi i% Notary Pubic
(fly Of PMftmgh, Abgtrerry Cour>l1/
ary Public MyCarxrir WmEn*w.)ror23,2009
Member, Pennsylvania Association of Notaries
V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS TRUST
CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
G
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
Plaintiff, NO. 06-774-Civil
v.
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, and directed to the Sheriff of Cumberland County,
there will be exposed to Public Sale at Cumberland County,
Courthouse, on September 5, 2007 , at 10:00 o'clock a.m., the
following described real estate, of which ANTHONY N. THOMAS and
MARGARET M. THOMAS, are the owners or reputed owners.
ALL THAT CERTAIN messuage, tenement and tract of land with
improvements thereon, situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot #213, Kingswood, Phase II, as
recorded in Cumberland County Plan Book 55, Page 93.
Being Designated as Parcel Number 10-16-1056-181.
Acquired in Deed Book Volume 223, Page 687.
The said Writ of Execution was issued on a judgment in the
Civil Action of MANUFACTURERS AND TRADERS TRUST CO. v. ANTHONY N.
THOMAS and MARGARET M. THOMAS, in the amount of $193,453.55, with
interest on the outstanding aggregate principal balance
($186,637.64) at the contractual rate set forth in the Note from
January 17, 2006, plus costs (including increases in escrow
deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in
the Praecipe for Writ of Execution.
Claims against property must be filed at the Office of the
Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the
Of ice of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against you. It may cause
your property, to be held or taken to pay the judgment. You may
have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TARE THIS NOTICE AND WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
You may have legal rights to prevent the Sheriff's Sale and
the loss of your property. In order to exercise those rights,
Eelmptaction on your part is necessary. A lawyer may be able to
P you.
You may have the right to prevent or delay the Sheriff's Sale
afe occurs, a petition to open or strike the
by filing, before the safe'
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20)
days after service of the Complaint in Civil Action on Mortgage
Foreclosure and Notice to Defend, you may have the right to have
the judgment opened if you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failin to
file the defense on time. If the judgment is opened, the Sheri f' s
Sale would ordinarily be delayed pending a trial of the issue of
whether the plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or certain other events. To exercise this
right, you would have to file a petition to strike the judgment.
You may also have the right to petition the Court to sta or
Belay the execution and the Sheriff's Sale if you can show a defect
in the Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriff's Sale set
aside if the _property is sold for a grossly inadequate price or if
there are detects in the Sheriff's Sale. To exercise this right,
you should file a petition with the Court after the sale and be ore
the Sheriff has delivered his deed to the property. The Sheriff
will deliver the deed if no petition is filed within ten (10) days
from the date when the Schedule of Distribution is filed in the
office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
Dated: I ,?-y /0 By p 1 David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS TRUST CIVIL DIVISION
CO. d/b/a M & T BANK, successor
in interest to ALLFIRST BANK,
V.
Plaintiff, NO. 06-774-Civil
ANTHONY N. THOMAS and
MARGARET M. THOMAS,
Defendants.
LONG DESCRIPTION
ALL THAT CERTAIN messuage, tenement and tract of land with improvements thereon,
situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #213, Kingswood,
Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly described as
follows:
BEGINNING at a point on the East side of Chippenham Road, said point also being a
distance of One Hundred Five feet North (105.00) of the intersection of the North side of Golfview
Road and the East side of Chippenham Road; thence by the line of Lot No. 214 South Eighty-Six
degrees Thirty-One minutes Nineteen seconds East (S 86°31'19" E) a distance of One Hundred
Twenty-Five feet (125.00') to a point at land now or formerly of C.B. Slack; thence South Three
degrees Twenty-Eight minutes Forty-One seconds West (S 03°28'41" W) a distance of One Hundred
Six and One-hundredths feet (106.01') to a point on the North side of Golfview Road; thence by
same North Eighty-Six degrees Three minutes Thirty seconds West (N 86°03'30" W) a distance of
One Hundred Ten and Thirteen One-Hundredths feet (110.13') to a point at a curve; thence by same
and a curve to the left having a radius of Fifteen feet (15.00') an arc length of Twenty-Three and
Forty-Four One-Hundredths feet (23.44') to a point on the East side of Chippenham Road; thence
North Three degrees Twenty-Eight minutes Forty-One seconds East (N 03°28'41" E) a distance of
Ninety and Twelve One-Hundredths feet (90.12') to the place of beginning.
CONTAINING 13,140.92 square feet, known and numbered as 1000 Chippenham Road,
Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements,
Restrictions, Equitable Servitudes, Charges and Liens dated June 10, 1987 and recorded June 11,
1987 in Cumberland County Miscellaneous Book 335, Page 119.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to a twenty foot (20) foot drainage
easement running along the easternmost lot line of said Lot No. 213 as shown on the aforesaid plan
recorded in Plan Book 55, Page 93.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to an easement for Development Sign
to be maintained by the homeowner's association as shown on the aforesaid plan recorded in Plan
Book 55, page 93.
UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and
other matters of record or that a physical inspection or survey of the premises would reveal.
PARCEL #10-16-1056-181
BEING the same property which Anthony N. Thomas, a married man, by his Deed dated
May 9, 2000, and recorded in the Recorder's Office of Cumberland County at Deed Book Volume
223, Page 687, granted and conveyed unto Anthony N. Thomas and Margaret M. Thomas, husband
and wife.
SHERRARD, GERMAN & KELLY, P.C.
aul David Burke, Esquire
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-774 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST CO.,
Plaintiff (s)
From ANTHONY N. THOMAS AND MARGARET M. THOMAS
(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 $193,453.55 L.L.
Interest
Atty's Comm % Due Prothy $2.00
Atty Paid $1334.17 Other Costs
Plaintiff Paid
Date: APRIL 11, 2007
(Seal)
Z;L
X &AAW-4 I
Curti A. Long, Pro o ryBy:
Deputy
REQUESTING PARTY:
Name PAUL DAVID BURKE, ESQUIRE
Address: 28TH FLOOR
TWO PNC PLAZA
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-355-0200
Supreme Court ID No. 34960
f
Real Estate Sale # SS
On June 13, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1000 Chippenham Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: June 13, 2007 By:?
Real Estat j Sergeant
Lv:?,fj qf- ci uc
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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:
July 20, July 27, and August 3, 2007
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.
REAL EBTATE SALE NO. 65
Writ No. 2006-774 Civil
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
VS.
Anthony N. Thomas and
Margaret M. Thomas
Atty.: Paul David Burke
DESCRIPTION
ALL THAT CERTAIN messuage,
tenement and tract of land with
improvements thereon, situate in
Hampden Township, Cumberland
County, Pennsylvania, being Lot
#213, Kingswood, Phase II, as re-
corded in Cumberland County Plan
Book 55, Page 93, more particularly
described as follows:
BEGINNING at a point on the
East side of Chippenham Road, said
point also being a distance of One
Hundred Five feet North (105.001 of
the intersection of the North side of
Gaftew Road and the East side of,
Chippenham Road; thence by the
Marie Coyne, Yditor
SWORN TO AND SUBSCRIBED before me this
3 day of August, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLNVS
Notary PubNC
CARLISLE 80R0. CUMBERLAND COUNTY
My Commis m Expka Apr as, 2010
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st
day(s) of August 2007. 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
SALE #55
am . ...... am
Sworn to and subscribed
L
//? 1 p9moomft
/
.I 4 Z4?'a?
Y PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013