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HomeMy WebLinkAbout06-0894GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PO Box 840 IN THE COURT OF COMMON PLEAS Buffalo, NY 14240-0840 Plaintiff OF CUMBERLAND COUNTY VS. JULIE A. LITZENBERGER CIVIL ACTION - LAW Mortgagor and Real Owner 615 Hummel Avenue ACTION OF MORTGAGE FORECLOSURE Lemoyne, PA 17043 CIVIL ACTION: MORTGAGE Defendant 1001"CLOM f"r No. NOTICE z74' - 0y You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDER A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call the following number: 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.Qov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout ( Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0967. Para informacion en espanot puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION, PO Box 840, Buffalo, NY 14240-0840. 2. The name and address of the Defendant is JULIE A. LITZENBERGER, 615 Hummel Avenue, Lemoyne, PA 17043, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 30, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1872, Page 2929. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 15, 2005, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $57,833.09 Interest from 08/15/2005 $1,764.18 through 02/28/2006 at 5.6250% Per Diem interest rate at $8.91 Reasonable Attorney's Fee at 5% of Principal Balance as $2,891.65 more fully explained in the next numbered paragraph Late Charges from 09/15/2005 to 02/28/2006 $77.63 Monthly late charge amount at $12.94 Costs of suit and Title Search $900.00 Escrow $1,369.08 Corporate Advance $13.29 Monthly Escrow amount $88.57 $64,848.92 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in personam 'judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $64,848.92, together with interest at the rate of $8.91, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By:I) J'` I i I/ f GQLDBEQK MCCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: Z t ; -Ck Diana . Robinson M&T MORTGAGE CORPORATION Exj-hi6it A EYthi6it B .. .r M.T Mortgage Corp. ® ,r -- P.O. Box 1288 Buffalo, NY 14240-1288 12112/2003 lobe A Litzenbcrger 615 Hummel Avcnue Lemoyne, PA 17043 HOMEOWNERS N E(S): Julie A Lilts erger PROPERTY MMESS: 515 IMeaet Avenue Lemoyne, PA 17043 LOAN ACCT ND: 0010303552 CURRENT LENDER/SERVICER: MY Mortgage Cceporatlon Cerufied No.: 71926389306007314583 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1953 (THE "ACT'1 YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary slay 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-fee"meeting with one o£the consumer Credit counseling agencies listed at the end of5tis Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consume credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The addresses 1telephone numbers fdes.minad conlucccr die Counseling agent' for the County tf h the ertyis located we set forth at the d fthis N t e. It is only necessary to schedule one your lender immediately oryom intentions. 1 800 724 1633 ConesporMence - P.O. Box 840, SWas, W 14249-0840 Payments - P.O. Box 62182, Baltimore, MD 212M 2182 Mortgage account Mlormabon just a click away. ix rv loandtmodgxge Colo ba VW APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nation of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance From the Homeowner's Emergency Mortgage Assistance Program. To do so, you mug fill out, sign and file a completed liomeowner'sEmergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ofthis Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Yom application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days ten make a decision aflat it receivesyoor application. During that time, no foreclosure proceedings will be pursued ago inst you if you have met the time requirements set forth above. You will be notified direcnly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THISNOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy Y. Can still appiv for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your propery located at 818 Hume) Averaae Leaeyne. PA 17043 IS SERIOUSLY IN DEFAULTbecause: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following months and the following amounts are now past due: angular payuents of Sz5a.83 for the months of 08!15/2009 through today's date: $ 1783.01 Othnr ohargas: A mled Late Charges: t 8.51 AOCruted other Charges S 118.00 TOTAL ANWNT PAST WE: 5 1810.12 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS ofthe date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS 51910.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashicr'scheck, certified check c money order made turnable and sent M&T Mortgage Corporation One Faumafn Plaza / 7th Floor Attn: Paymrent Processing Buftaba, NY 14283 You can cum any oche dofultb taking thf II c action thin THIRTY (30) DAYS of the date of this letter, IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the data of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its atmmeys to start legal action to foreclose upon your mortgaged property. 1 800 724 1933 OonesponCanea - P.O. Box W. Buffalo, NY 14240-0840 Payments - P.O. Bm 62182. Baltimore, MO 21264-2182 Mortgage aeecull ioormetion, just a lick away. cocoa. mandtmortgaga.co. VAO V IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable anomey's fees that were actually incurred, up to 550.00. However, if legal proceedings are started against you, you will have to pay all reasonable auomey's fees actually incurred by the Icnder even if they exceed SSO 00. Any attorney' sfees will be added to the amount you awe the lender, which may also include other reasonable casts. If you care the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the TIIIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to we hour before the Sheriffs Sale. You may do so by paying the total amount then pest due, plus any late or other charges then due, reasonable attorney's fas and costs connected with the foreclosure sale and any other costs connected with the SheriffsSale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual dale of the Sheriffs Sale will be sent to you before the Sala Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by containing the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Mortgage Corporation Address, P.O. Box 840 Buffalo, NY 14240 Phone Number: (800) 724-1633 EFFECT OF SHERIFF`S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged properly and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You J may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and ame ev's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are mtisfied. YOU MAY ALSO HAVE THE RIGHT_ TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR To BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED 13Y ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIES RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE. YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Russell M. Alessi Jr. Collections Manager Eric: Act 91 Notice Consumer Credit Counseling Agencies Serving Your County 1 800 724 1633 oorresoom iu,00 - P.O. Be. 810. Buffalo, NY 142M Oa4O Payments - PO. S. 62182. BoPomare, MO 21260.-2182 Mortgage account Wiermalionjust 0 cacM away wwu mandhnodpage.com %W r ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This 1- 111 official ti that the -9f(9-W--Vo.tho.e is I. default, d th leader Intends to foreclose. Specific information abont the nature of the default K provided ' the attached asset. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able t help to e See your home. This Notice explains how the program works. This Notice contains important legal information. If you have any questions, represcatatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attornev in your area. The local bar association may be able to help you find a lawyer, LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PEES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTWICACION OHTENGA CNA TRADUCCION tNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 1 800 724 1633 Correspondence - P,O. Bo. 840, Buffalo, NY 14248-0840 Payments - P.O. Box 62182, Baltimore, MO 21264-2182 Mortgage account in(onnefiM,just a.aca away www.menaimorl8age.com %W V HomeownersI Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 F High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro,PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 `.J? ?J llr?`y G ?? V ,ji SHERIFF'S RETURN - REGULAR CASE NO: 2006-00894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORORATION VS ITZENBERGER JULIE SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LITZENBERGER JULIE A the DEFENDANT , at 1710:00 HOURS, on the 17th day of February_, 2006 at 615 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to JULIE LITZENBERGER 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 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 .00 42.08 Sworn and Subscribed to before me this 4e day of rothon y So Answers: t ? R. Thomas Kline 02/21/2006 GOLDBECK MCCAFFERTY MCKEE R By: - Deputy Sheriff In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JULIE A. LITZENBERGER (Mortgagor(s) and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JULIE A. LITZENBERGER by default for want of an Answer Assess damages as follows: Debt Interest - 0 811 5/200 5 to 03/24/2006 Total (Assessment of Damages attached) $65,164.27 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leg$t ten plays prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ; / j Attorney for PIaintiff I.D.#16132 4 AND NOW , Judgment is entered in favor of M&T MORTGAGE CORPORATION and against JULIE A. LITZENBERGER by default for want of an Answer and damages assessed in the sum of $65,164.27 as per the above certification. Prothonotary .,a ^ r F 6 is l? k C• np'? ,,. ?.u n'I ..1,i I i',, +r, Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. JULIE A. LITZENBERGER (Mortgagors and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 Defendant(s) No. 06-894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long ' ProthonTt, ? By If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-0967 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. JULIE A. LITZENBERGER (Mortgagor(s) and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 DATE OF THIS NOTICE: March 10, 2006 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-894 IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 jtasez 6 A igaf beck Ix GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 -, ^; VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JULIE A. LITZENBERGER, is about unknown years of age, that Defendant's last known residence is 615 Hummel Avenue, Lemoyne, PA 17043, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. I Date: >.. ?,:? c ? t. ni ? '-is ?Jl%' ??.;' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 VS. JULIE A. LITZENBERGER (Mortgagor(s) and Record owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS Plaintiff Defendant(s) of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-894 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T MORTGAGE CORPORATION, and against JULIE A. LITZENBERGER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Cpt?plont, in the sum of $65,164.27. Joseph A. G Attorney for I hereby certify that the above names are correct and that the ?isl creditor is M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY last known address(es) of the Defendant(s) is/are JULIE A. LITZENBEPGI PA 17043; ?/ Jr. residence address of the judgment 14240-0840 and that the name(s) and A, 615 Hummel Avenue Lemoyne, GOLDBElAFFERTY & McKEEVER BY: Josep A. oldbeck, Jr. Attorney f laintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 08/15/2005 through 03/24/2006 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Corporate Advance $57,833.09 $1,978.02 $2,891.65 $90.57 $900.00 $1,457.65 $13.29 $65,164.27 i n GOLDBECK ?FERTY & McKEEVER BY: Joseph A of eck, Jr. Attorney for ainti AND NOW, this day of , 2006 damages are assessed as above. C Pro B othy r ". -l 1-" ._{ _ ??? i ro c.:. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No, 06-894 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due interest from 08/15/2005 to 03/24/2006 at 5.6250% (Costs to be added) $65,164.27 GOLDBECK 1Y1 ERTY & McKEEVER BY: Joseph o dbeck, Jr. Attorney for?Pla' iff C ? 'r ? ,,, `._?. ?+ ?..,? ??7 _. c. ,? O W O u ? W ? W ? ? ? w Q ? C+ O CGS qO W S $ O 4? wb ^??- C7 Q 4 O y o a?' O , W ?, wa ? m W N o ? ? , O r O -? oo ?7 Z .`o Y° „v G v ? N ao``d ?Q,a v ? ? N P+ ?o O Y ?a All that certain tract or parcel of land with improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly line of Hummel Avenue which point is 110 feet west of the northwesterly corner 6 h Street and Hummel Avenue; thence along the northerly line of Hummel Avenue south 49 degrees 30 minutes west 17.5 feet to a point; thence north 40 degrees 30 minutes west 150 feet to a point on the southerly line of Apple Alley; thence along the southerly line of Apple Alley north 49 degrees 30 minutes east 17.5 feet to a point; thence south 40 degrees 30 minutes east 150 feet to a point, the place of beginning. TAX PARCEL # 12-22-0824-147 s r N f U• v? r Y. ,r ?yr J ? C C .?, ca ` WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-894 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T Mortgage Corporation PO Box 840, Buffalo, NY 14240-0840 Plaintiff (s) From Julie A. Litzenberger 615 Hummel Avenue, Lemoyne, Pa. 17043 (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$ 65,164.27 Interest from 8/15/05 to 3/24/06 at 5.6250% Arty's Comm IV" Atty Paid $ 124.08 Plaintiff Paid Date: March 28, 2006 L.L.$ 0.50 Due Prothy $ 1.00 Other Costs Prothonotary / (Seal) By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Suite 5000- Mellon Independence Center 701 Market Street, Philadelphia, Pa 19106 Attorney for: Plaintiff Telephone: (215)627-1322 Supreme Court ID No. 16132 Go 3beck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. JULIE A. LITZENBERGER (Mortgagor(s) and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-894 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 615 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: CAPITOL CITY OIL P.O. Box 157 Camp Hill, Pa 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: HOUSING AUTHORITY OF CUMBERLAND COUNTY 114 N. Hanover street Carlisle, Pa 17013 COUNTY OF CUMBERLAND, BY AND THROUGH ITS AGENT, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY AWAITING ADDRESS 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 615 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 24, 2006 GOLDBECK-McC FERTY & McKEEVER BY: Joseph A. Pold eck, Jr., Esq. Attorney for Plaintiff ; r t1 J _ C7 ICJ 06-894 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LITZENBERGER, JULIE A. JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 Your house at 615 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $65,164.27 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 06-894 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 r._J 1 ` r% } -1 ???`, r .'- ? l .7 ? 1 ? uJ Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 VS. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO. 06-894 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ,_, ;, ?:? - ?; ;; ?:. `, ; -` L M & T Mortgage Corporation VS Julie A. Litzenberger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-894 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing 30.00 Surcharge 20.00 Prothonotary 1.00 Law Library .50 Poundage 1.71 Share of Bills 19.31 Levy 15.00 $ 87.52 ?- Josf°? So w R. Thomas Kline Sheriff BY Real Estate Sergeant s? )799YI i? Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. JULIE A. LITZENBERGER (Mortgagor(s) and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-894 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 615 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CAPITOL CITY OIL P.O. Box 157 Camp Hill, Pa 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: HOUSING AUTHORITY OF CUMBERLAND COUNTY 114 N. Hanover street Carlisle, Pa 17013 COUNTY OF CUMBERLAND, BY AND THROUGH ITS AGENT, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY AWAITING ADDRESS 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 615 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 24, 2006 GOLDBE ERTY & McKEEVER BY: Joseph A. old eck, Jr., Esq. Attorney for Paint' IF S I .E d h - ddtl 9001 kid `AiNitui uN'V 16?jWI)J JAI83HS 3HI JO 301JJO 06-894 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 06-894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LITZENBERGER, JULIE A. JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 Your house at 615 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriff s Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $65,164.27 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 06-894 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 All that certain tract or parcel of land with improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly line of Hummel Avenue which point is 110 feet west of the northwesterly corner 6t' Street and Hummel Avenue; thence along the northerly line of Hummel Avenue south 49 degrees 30 minutes west 17.5 feet to a point; thence north 40 degrees 30 minutes west 150 feet to a point on the southerly line of Apple Alley; thence along the southerly line of Apple Alley north 49 degrees 30 minutes east 17.5 feet to a point; thence south 40 degrees 30 minutes east 150 feet to a point, the place of beginning. TAX PARCEL # 12-22-0824-147 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-894 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T Mortgage Corporation PO Box 840, Buffalo, NY 14240-0840 Plaintiff (s) From Julie A. Litzenberger 615 Hummel Avenue, Lemoyne, Pa. 17043 (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$ 65,164.27 Interest from 8/15/05 to 3/24/06 at 5.6250% Atty's Comm % Atty Paid $ 124.08 Plaintiff Paid Date: March 28, 2006 L.L.$ 0.50 Due Prothy $ 1.00 Other Costs Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Suite 5000- Mellon Independence Center 701 Market Street, Philadelphia, Pa 19106 Attorney for: Plaintiff Telephone: (215)627-1322 Supreme Court ID No. 16132 Real Estate Sale # 09 On May 04, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 615 Hummel Ave., Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2006 By: ((?? VO " ??1/I?I?t?IJ''l Real Est a Sergeant ana S I .E d h - ddV 1001 G9 Vd ',kINri0J ONV Id38WAO ( JAW NS 3NI A 331330 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 VS. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-894 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/25/2006 to Date of Sale at 5.6250% (Costs to be added) $65,164.27 GO BECF McC)AFFERTY & BY: oseph A. Goldbeck, Jr. Atto ev for Plaintiff x? z ? W ? w n" O W o a°?i o N rnp O z °Q O ? Via. ?-dY?'? 0o U U °J Q H o ?, ? Q a? Q' ? W fs; a? p W o p w ?" aC o O Q a ? o ? ? ? ¢ °' U ? :? bb 'o W S o ¢ r, O cb?d •. CIS W W _ W c k Q H CO) ?. .2?" (Za _ ? V v Y L r) rfi a N 1 .? ?' "' ?Q r ?v.! cr: 11 LL J Co- i-D ?0- iE- MCC Ll- © u I ci All that certain tract or parcel of land with improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly line of Hummel Avenue which point is 110 feet west of the northwesterly corner 61h Street and Hummel Avenue; thence along the northerly line of Hummel Avenue south 49 degrees 30 minutes west 17.5 feet to a point; thence north 40 degrees 30 minutes west 150 feet to a point on the southerly line of Apple Alley; thence along the southerly line of Apple Alley north 49 degrees 30 minutes east 17.5 feet to a point; thence south 40 degrees 30 minutes east 150 feet to a point, the place of beginning. TAX PARCEL # 12-22-0824-147 BEING KNOWN AS 615 HUMMEL AVENUE LEMOYNE PA 17043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-894 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION, Plaintiff (s) From JULIE A. LITZENBERGER (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 $65,164.27 L.L. Interest FROM 3/25/06 TO DATE OF SALE AT 5.6250% Atty's Comm % Due Prothy $2.00 Atty Paid $233.10 Other Costs Plaintiff Paid Date: APRIL 25, 2007 (Seal) 12 6L?a4 C s R. Lo o onotaryBy: REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Deputy Telephone: 215-627-1322 Supreme Court ID No. 16132 ... Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. JULIE A. LITZENBERGER (Mortgagor(s) and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-894 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 615 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 * CAPITOL CITY OIL P.O. BOX 157 Camp Hill, Pa 17011 4. Name and address of the last recorded holder of every mortgage of record: HOUSING AUTHORITY OF CUMBERLAND COUNTY 114 N. Hanover street Carlisle, Pa 17013 COUNTY OF CUMBERLAND, BY AND THROUGH ITS AGENT, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY AWAITING ADDRESS 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 615 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: April 23, 2007 GOLD CK CAFFE Y & McKEEVER BY: Jo IT, h A. oldbeck, Jr., Esq. Attorn or Plaintiff Q C nzr?- m () 71 06-894 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-894 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LITZENBERGER, JULIE A. JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 Your house at 615 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $65,164.27 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 06-894 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A 06-894 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@izoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0967. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. tf1 ,;) t_ CX) 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Julie A Litzenberger Debtor(s) Chapter 13 Case No.: 1:06-bk-00777 ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default on the Stipulation settling Motion to Dismiss case for Material Default, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Coma, Dated: April 16, 2007 , JUd (M This document is electrarically signed and flkd on the same date. MDPA-DISMISUMPT REV 6/OS USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 1 of 7 CREDS, E-Filed, FMDue, 2002, 341Held, P1nCnfrmd, DISMISSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:06-bk-00777-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 04/25/2006 Date Terminated: 04/16/2007 Date Dismissed: 04/16/2007 Debtor Julie A Litzenberger 615 Hummel Avenue Lemoyne, PA 17043 SSN: xxx-xx-7147 represented by Steven P. Miner Daley Zucker Meilton Miner Gingrich, LLC 1035 Mumma Road Suite 101 Wormleysburg, PA 17043 717-724-9821 Fax : 717-724-9826 Email: sminer@dzmmglaw.com Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst: U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 ' ' ate P # Docket Text 04/25/2006 1_ Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Miner, Steven) (Entered: 04/25/2006) 04/25/2006 Receipt of Voluntary Petition (Chapter 13)(1:06-bk-00777) [misc,volpl3a] ( 274.00) filing fee. Receipt number 1639383, amount $ 274.00. (U.S. Treasury) (Entered: 04/25/2006) 04/25/2006 2 Certificate of Credit Counseling Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 USBC PAM - LIVE - VERSION 3A AL - Docket Report Page 2 of 7 related document(s)_1 ). (Miner, Steven) (Entered: 04/25/2006) 04/25/2006 3 Motion for Expedited Consideration re: 2003 Kia Sorrento LX Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Attachments: # 1 Certificate of Service # 2 Proposed Order) (Miner, Steven) (Entered: 04/25/2006) 04/25/2006 FeeDueBK flag removed. (CashReg) (Entered: 04/26/2006) 04/26/2006 4 Notice of missing documents (RE: related document(s)1 ). (CA) (Entered: 04/26/2006) 04/26/2006 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/25/2006 at 09:00 AM. (CA) (Entered: 04/26/2006) 04/26/2006 5 Notice to Filing Party (S. Miner): ** Incorrect docket event used. No further action will be taken on the Motion for Expedited Consideration. Please file this document as an Adversary Complaint. **. (There is no image or paper document associated with this entry.) (RE: related document(s)3 ). (DG) (Entered: 04/26/2006) 04/28/2006 6 Motion to withdraw Motion for Expedited Consideration for Turnover of Documents Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Attachments: # I Certificate of Service) (Miner, Steven) Additional attachment(s) added on 5/1/2006 (BW). (Entered: 04/28/2006) 04/28/2006 7 Corrective Entry: previous attachment omitted/incorrect/incomplete Proposed Order for Motion to Withdraw Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s)6 ). (Miner, Steven) (Entered: 04/28/2006) 04/28/2006 8 BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s)4 ). Service Date 04/28/2006. (Admin.) (Entered: 04/29/2006) 05/01/2006 9 Order Granting Motion to withdraw Expedited Consideration for Turnover of Documents (RE: related document(s)6 ). (CA) (Entered: 05/01/2006) 05/01/2006 10 Request for Notice under 2002 Filed by Alice Lynn Whitten of AmeriCredit Financial Services, Inc. on behalf of AmeriCredit.. (Whitten, Alice) (Entered: 05/01/2006) 05/03/2006 11 Schedules A-J, Chapter 13 Statement of Current Monthly Income and https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 3 of 7 Disposable Monthly Income - Form 22C., Statement of Financial Affairs, Statement of Services Rendered pursuant to Local Bankruptcy Rule 2016-1, Summary of Schedules Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s)l_ ). (Miner, Steven) (Entered: 05/03/2006) 05/03/2006 12 Matrix filed/Creditor List Uploaded Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s) I ). (Miner, Steven) (Entered: 05/03/2006) 05/03/2006 13 Employee Income Records (Payment Advices) Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Attachments: #1 income record) (Miner, Steven) (Entered: 05/03/2006) 05/03/2006 _1.4 Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Miner, Steven) (Entered: 05/03/2006) 05/04/2006 15 Chapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s)l ). (Attachments: # 1 Proposed Order)(Miner, Steven) (Entered: 05/04/2006) 05/04/2006 1.6 Tax Documents for the Year for 2005-2002 Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Attachments: # 1 04 taxreturn# 2 03 federal return# 3 02 federal return) (Miner, Steven) (Entered: 05/04/2006) 05/05/2006 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 6/8/2006 at 09:00 AM. (CA) (Entered: 05/05/2006) 05/11/2006 17 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 6/8/2006 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 9/6/2006. Last day to oppose dischargeability is 8/7/2006. (DG) (Entered: 05/11/2006) 05/13/2006 18 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)17 ). Service Date 05/13/2006. (Admin.) (Entered: 05/14/2006) 05/13/2006 19 BNC Certificate of Chapter 12/13 Plan (RE: related document(s)17 ). Service Date 05/13/2006. (Admin.) (Entered: 05/14/2006) https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 4 of 7 06/05/2006 20 Objection to Confirmation of Plan Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of M & T Mortgage Corporation (RE: related document(s)15 ). (Attachments: # 1 Proposed Order # 2 Exhibit A. Ch. 13 Plan# 3 Exhibit B. POC# 4 Certificate of Service)(Puida, Leslie) (Entered: 06/05/2006) 06/08/2006 2.1_ First Amended Chapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s)1.5 ). (Attachments: # _l Proposed Order)(Miner, Steven) (Entered: 06/08/2006) 06/13/2006 22 Certification that 341 Meeting of Creditors Held (Ch. 13) on 06/08/06. Notice sent to all creditors setting confirmation hearing. Last day to Object to Plan Confirmation 7/10/2006. Confirmation hearing to be held on 7/19/2006 at 09:30 AM at 3rd & Walnut Sts. , Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III0d), Charles) (Entered: 06/13/2006) 06/16/2006 23 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)2_2_ ). Service Date 06/16/2006. (Admin.) (Entered: 06/17/2006) 07/17/2006 24 Pre-Confirmation Certification of Compliance with Post Petition Obligations in accordance with 11 U.S.C. Section I I29(a)(14), 1225 (a)(7), and 1325(a)(8) and (A)(9). Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger. (Miner, Steven) (Entered: 07/17/2006) 07/19/2006 25 Proceeding Memo confirmation hearing continued. Amended Plan filed. Clerk to serve notice fixing objection date on all creditors. Record made.. Appearances: Charles J. DeHart, III, Trustee. Non- Appearances% (There is no image or paper document associated with this entry.) (RE: related document(s)22, 21 ). (JG) (Entered: 07/20/2006) 07/20/2006 26 Request to BNC - Notice of Confirmation Hearing and Amended Plan (RE: related document(s)22, [25], 21 ). Confirmation hearing to be held on 9/6/2006 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. Last day to Object to Plan Confirmation 8/16/2006. (CA) (Entered: 07/20/2006) 07/22/2006 27 BNC Certificate of Chapter 12/13 Plan (RE: related document(s)26 ). Service Date 07/22/2006. (Admin.) (Entered: 07/23/2006) 07/22/2006 28 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)26 ). Service Date 07/22/2006. (Admin.) (Entered: 07/23/2006) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 5 of 7 07/28/2006 29 Returned mail for Creditor AT&T Wireless not deliverable as addressed unable to forward (RE: related document(s)26 ). (CA) (Entered: 07/28/2006) 09/06/2006 30 Proceeding Memo confirmation hearing held. Plan is eligible for confirmation per Trustee. Proposed Order to be submitted. Record made. Appearances: Charles J. DeHart, III, Trustee. Non- Appearances% (There is no image or paper document associated with this entry.) (RE: related document(s)21_ ). (JG) (Entered: 09/06/2006) 09/08/2006 3.1 Order Confirming Amended Chapter 13 Plan (RE: related document (s)21, 26. ). (CA) (Entered: 09/08/2006) 10/05/2006 3.2 Motion for Relief from Stay Re: 2003 Kia Sorento. Filing fee due in the amount of $ 150.00 Filed by Brian E Caine of Deily Mooney and Glastetter LLP on behalf of AmeriCredit Financial Services, Inc.. (Attachments: # _1_ Exhibit A#2 Certificate of Non-Concurrence# _3 Proposed Order) (Caine, Brian) (Entered: 10/05/2006) 10/05/2006 Receipt of Motion for Relief From Stay(1:06-bk-00777-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 1868103, amount $ 150.00. (U.S. Treasury) (Entered: 10/05/2006) 10/05/2006 FeeDueRFS flag removed. (CashReg) (Entered: 10/06/2006) 10/06/2006 33 Order re: Motion for Relief from Stay of AmeriCredit Financial Services, Inc. (RE: related document(s)32 ). Answers are due on: 10/21/2006. Hearing scheduled for 11/7/2006 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Notice) (CA) (Entered: 10/06/2006) 10/10/2006 34 Certificate of Service Scheduled for November 7, 2006 at 9:30 a.m. in Harrisburg Filed by Brian E Caine of Deily Mooney and Glastetter LLP on behalf of AmeriCredit Financial Services, Inc. (RE: related document(s)32, 33 ). (Caine, Brian) (Entered: 10/10/2006) 11/01/2006 35 Order Granting Motion for Relief from Stay (RE: related document(s) 32 ). (CA) (Entered: 11/01/2006) 11/14/2006 36 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of M & T Mortgage Corporation. (Attachments: # 1 Proposed Order # 2 MFR Breakdown# 3 Certificate of Nonconcurrence) (Puida, Leslie) (Entered: 11/14/2006) 11/14/2006 Receipt of Motion for Relief From Stay(1:06-bk-00777-MDF) https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 6 of 7 [motion,mrlfsty] ( 150.00) filing fee. Receipt number 1933557, amount $ 150.00. (U.S. Treasury) (Entered: 11/14/2006) 11/14/2006 FeeDueRFS flag removed. (CashReg) (Entered: 11/15/2006) 11/15/2006 37 Order re: Motion for Relief from Stay of M & T Mortgage Corporation (RE: related document(s)36 ). Answers are due on: 11/30/2006. Hearing scheduled for 12/5/2006 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (CA) (Entered: 11/15/2006) 11/15/2006 38 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 12/20/2006 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, III(sc), Charles) (Entered: 11/15/2006) 11/16/2006 39 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of M & T Mortgage Corporation (RE: related document(s)37, 36 ). (Puida, Leslie) (Entered: 11/16/2006) 11/17/2006 40 Answer Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s) 36 ). (Attachments: # 1 Certificate of Service) (Miner, Steven) (Entered: 11/17/2006) 11/29/2006 41 Stipulation Filed by Ann E O'Donnell of Goldbeck McCafferty and McKeever on behalf of M & T Mortgage Corporation (RE: related document(s)37, 39, 36 ). (Attachments: # 1 Proposed Order) (O'Donnell, Ann) (Entered: 11/29/2006) 12/01/2006 42 Order approving Stipulation (RE: related document(s)41 ). (CK) (Entered: 12/01/2006) 12/12/2006 43 Stipulation by debtor and Ch. 13 trustee Filed by Trustee (RE: related document(s)38 ). (Attachments: # 1 Proposed Order)(dehart, III(ds), Charles) (Entered: 12/12/2006) 12/13/2006 44 Order approving Stipulation by parties in settlement of the Motion to Dismiss. (RE: related document(s)43 ). (CA) (Entered: 12/13/2006) 12/29/2006 45 Substitution of Attorney Steven P. Miner and Daley Zucker Meilton Miner & Gingrich, LLC for Attorney Steven P. Miner and Metzger Wickersham Knauss & Erb, PC Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Julie A Litzenberger (RE: related document(s)) ). (Miner, Steven) (Entered: 12/29/2006) https:Hec£pamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 . , USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 7 of 7 04/11/2007 46 Certificate of Default Stipulation Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of M & T Mortgage Corporation (RE: related document(s)42, 41, 36 ). (Attachments: # 1 Proposed Order # 2 Approved Stipulation# 3 Notice Of Default# 4 Certificate Of Service) (Puida, Leslie) (Entered: 04/11/2007) 04/13/2007 47 Certificate of Default case to be dismissed for material default Filed by Trustee (RE: related document(s)44 ). (dehart, III(ds), Charles) (Entered: 04/13/2007) 04/16/2007 48 Order Dismissing Case. (RE: related document(s)44, 47 ). (CA) (Entered: 04/17/2007) PACER Service Center Transaction Receipt 04/19/2007 16:51:27 IPACER Client ? a0060 Lo n: Code: 1:06-bk-00777-MDF Fil or Ent: Docket Search filed Doc From: 0 Doc To: Description: Report Criteria: 99999999 Term: included Format: HTML Billable P ? 0.32 ages: https:Hecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?382457170200882-L 889 0-1 4/19/2007 ' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 MT-0967 CF: 02/14/2006 SD: 09/05/2007 $65,164.27 M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-894 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: 01? Personal Service by the Sheriff s Office foompeterh a (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. e ec y , B seph A. Goldbeck, Jr. A o ey for Plaintiff 0: a Et: In a O ^t4 0 0 ? N g N o ?S? Dpi C o Q x M O?? ?llA1 O C1 p F" H I d a r PNI?'* a A I<C $ t3 b o u, .. ? a g W L z Z s A E ad co M W We V E w V E. 8 ???? <L 0 f co ? LD It c z ar$ N O H s O F?-am ? r O _ 3 Q uj ° n o Zt wR_ O - m V' c ?L ^ r, a > ?Q g I ?a Q"- c`v . ? O me 1 E I a s ??? _ x m p 3 oa x 2 ? 3 O o ?}= P Z E w 0 f a w C Ci Etn 'E o ==Z O a= zIn I oc iaci aMMa. x CL zv- D at 2 c to W Q Z o WIL N? ? C2 cm a o uj 0 Wtto mO? G T gg to z Q Q ?F'?JO E t t g Z p = pt T CV cri ?l ui cD 1? 00 5 O. d A m `o N ?- O Q Q ? m E p v ? U) c 0 V N O a ? V ti iv { 7 1? co 4 W 2 W m z W H J LLI J D V Y/ r W T I i 2 d V? y I I ?s i ?g?or IP. s- 1 14 ? r d boNN3d `Nlit, QQ?. m i - N mo '?l1 N o 4 °p > a g ? i I o N CL gi a ' LL Is s ? HlL =o ? OTC NO d COL on it U mWZ? ?Q 0000 ap z m? ca Lu :3 D U o H U °So UC7? OS a z ( 9 'o o . a ?? LU- o. . M Z ??-- t? two N ????? m?N ? V?Q? t W U U4 TZS U1U U a? b a 4 4 YYoY CL e4 V CD Y. LU I I I mw a I i ? D?DY? 1 lcV jM Id iu1i co jP i jW t°-3 s CL _V PL C a N 0 LL d ti 0 0 m Z. c 0 U N a U ti F- W W co z w J Q W J D M & T Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Julie A. Litzenberger Writ No. 2006-894 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 6, 2007 at 1820 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Julie A. Litzenberger, by making known unto Julie A. Litzenberger personally, at 615 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Julie A. Litzenberger located at 615 Hummel Avenue, Lemoyne, 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 defendant, to wit: Julie A. Litzenberger, by regular mail to her last known address of 615 Hummel Avenue, Lemoyne, PA 17043. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff B a Real Estate 'ergeant GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 VS. JULIE A. LTTZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-894 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 615 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CAPITOL CITY OIL P.O. Box 157 Camp Hill, Pa 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 I. I PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: COUNTY OF CUMBERLAND, BY AND THROUGH ITS AGENT, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY 114 NORTH HANOVER STREET SUITE 104 CARLISLE, PA 17013 CUMBERLAND COUNTY, BY & THROUGH ITS AGENT, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY HANOVER & HIGH STREETS CARLISLE, PA 17013 HOUSING AUTHORITY OF CUMBERLAND COUNTY 114 N. Hanover street Carlisle, Pa 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 615 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: August 10, 2007 GOI?D idbE, CK McCAFFERTY & McKEEVER BY: Jo ph A. Goldbeck, Jr., Esq. Attorne for Plaintiff r-.3 _77 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M & T Bank is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 25th day of April, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 894, at the suit of M & T Mortgage Corp against Julia A Litzenberger is duly recorded as Instrument Number 200737169. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c day of , A.D. 2e& R of Deeds R"* of 08*" Ow"'IM COw+h. CWW Pa W CWffmim 46" to Fht M%V* dJm.2MG M & T Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Julie A. Litzenberger Writ No. 2006-894 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 6, 2007 at 1820 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Julie A. Litzenberger, by making known unto Julie A. Litzenberger personally, at 615 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Julie A. Litzenberger located at 615 Hummel Avenue, Lemoyne, 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 defendant, to wit: Julie A. Litzenberger, by regular mail to her last known address of 615 Hummel Avenue, Lemoyne, PA 17043. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of M&T Bank. It being the highest bid and best price received for the same, M&T Bank of PO Box 840, Buffalo, NY 14240-0840 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $890.61. Sheriff s Costs: Docketing $30.00 Poundage 17.46 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 251.24 15.69 25.00 40.50 $ 890.61 So Answers- 'e s R. Thomas Kline, Sheriff B , Real Estate ergeant 50. U2 66,10Z . / ff 91"5 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. JULIE A. LITZENBERGER (Mortgagor(s) and Record Owner(s)) 615 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-894 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 615 Hummel Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CAPITOL CITY OIL P.O. Box 157 Camp Hill, Pa 17011 4. Name and address of the last recorded holder of every mortgage of record: HOUSING AUTHORITY OF CUMBERLAND COUNTY 114 N. Hanover street Carlisle, Pa 17013 COUNTY OF CUMBERLAND, BY AND THROUGH ITS AGENT, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY AWAITING ADDRESS 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 615 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 0-?' DATED: April 23, 2007 LA GOLD CK IMcCAFFEFrY & McKEEVER BY: Jo ph A. oldbeck, Jr., Esq. Attom for Plaintiff 06-894 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JULIE A. LITZENBERGER Mortgagor(s) and Record Owner(s) 615 Hummel Avenue Lemoyne, PA 17043 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-894 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LITZENBERGER, JULIE A. JULIE A. LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 Your house at 615 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $65,164.27 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. IN THE COURT OF COMMON PLEAS You may also be able to stop the sale through other legal proceedings. 06-894 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-894 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.g_ov, for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(d)goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0967. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain tract or parcel of land with improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly line of Hummel Avenue which point is 110 feet west of the northwesterly corner 6th Street and Hummel Avenue; thence along the northerly line of Hummel Avenue south 49 degrees 30 minutes west 17.5 feet to a point; thence north 40 degrees 30 minutes west 150 feet to a point on the southerly line of Apple Alley; thence along the southerly line of Apple Alley north 49 degrees 30 minutes east 17.5 feet to a point; thence south 40 degrees 30 minutes east 150 feet to a point, the place of beginning. TAX PARCEL # 12-22-0824-147 BEING KNOWN AS 615 HUMMEL AVENUE LEMOYNE PA 17043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-894 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION, Plaintiff (s) From JULIE A. LITZENBERGER (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 $65,164.27 L.L. Interest FROM 3/25/06 TO DATE OF SALE AT 5.6250% Atty's Comm % Due Prothy $2.00 Atty Paid $233.10 Other Costs Plaintiff Paid Date: APRIL 25, 2007 f C s R. Long, oth no ary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 AA.A C*M a-JbD dua Real Estate Sale # 23 On May 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 615 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 2, 2007 By: Real Estate Sergeant 01 .v V 1? % t 6\1 ???1 V, 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 #23 M3TMor JUNtr A 1. Afllr. Jowph bok6eft wwk AU that =, in ha of p 1W of hatd grim tlMM amelid'smiike in %, Bomagh of Lemoyne, con6alrad County, d fps; P17 bounded and B At a ! an the ns:ttb* line of HvonBetAt+arCwl rpo is110fWwW f the m rooter (Ab Stnwad a n d 1tonwW Amw ad 49 aet a 30 line of west 175 feat to a 3t? ,; tam; thence north 40 dWm 30'm ate mm 150 foot b8 point on the saWmdy but of Amb ABey; thence a? the soudedy, ine of Apple Alley north 49 depm 30 minor east 175 foes to k point them to A ? 40 dwm 30 >a? cast ISQfea t TAX P`AKM # 12-M42i .147 BEM KNOWN AS 6151(UM AVENM LEVA YNEFA 17913 Sworn to and subscribed befqT?)M*pj*#LdAsy_9f 6 gRsJ 2QW,4AD- Wtar:?. peal ferry L Russ_a., "IoEu:y Public J City Of Harriswurg, Dauphin County A My Commission Expires June fS. 201 u / '`Ae enne%d"Ini, CSSfrn^tinn of Al t-ri. 1 l N TARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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 ESTATE SALE NO. 23 71 ?k- ? Writ No. 2006-894 Civil "- z _ - M & T Mortgage Corporation ffi arie Coyne, E ' or vs. t? Julie A. Litzenberger Atty.: Joseph Goldbeck SWORN TO AND SUBSCRIBED before me this DESCRIPTION day of August, 2007 All that certain tract or parcel " of land with improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pe l i Notary nnsy van a, more particularly bounded and described as follows: Beginning at a point on the north- erly line of Hummel Avenue which point is 110 feet west of the north- NOTARM SEAL westerly corner 6th Street and DEBORAH A COWNS Hummel Avenue; thence along the Notary Public-, northerly line of Hummel Avenue CARLISLE SORO, cumBERLAND COLINry south 49 degrees 30 minutes west My COmmisslon Expires Apr 28 2010 17.5 feet to a point; thence north 40 , degrees 30 minutes west 150 feet to a point on the southerly line of Apple Alley; thence along the southerly line of Apple Alley north 49 degrees 30 minutes east 17.5 feet to a point; Assignment of Bid NO. 06-894 - LITZENBERGER 615 Hummel Avenue Lemoyne, PA 17043 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 05, 2007 to: M&T BANK PO Box 840 Buffalo, NY 14240-0840 Date: September 13, 2007 GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR.