Loading...
HomeMy WebLinkAbout06-1899PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133260 M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO.01o -IPgf C/UI,Lan CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 133260 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Pile #: 133260 Plaintiff is M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 The name(s) and last known address(es) of the Defendant(s) are: JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/27/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1593, Page: 648. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 133260 The following amounts are due on the mortgage: Principal Balance $160,648.43 Interest 4,869.00 11/01/2005 through 03/30/2006 (Per Diem $32.46) Attorney's Fees 1,225.00 Cumulative Late Charges 179.66 01/27/2000 to 03/30/2006 Cost of Suit and Title Search 550.00 Subtotal $ 167,472.09 Escrow Credit 0.00 Deficit 1,013.22 Subtotal $ 1.013.22 TOTAL $ 168,485.31 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 168,485.3 1, together with interest from 03/30/2006 at the rate of $32.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLILVAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133260 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. PROPERTY BEING: 290 OLD STONEHOUSE ROAD File #: 133260 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?Ilo? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 3 / d PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA, 7TH FLOOR- DEFAULT BUFFALO, NY 14203 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 061899 V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES A. WENTZ and KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/31/06 to 5/16/06 TOTAL $168,485.31 $1493.16 $169,978.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. D EL G. SCHMIEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: //)77 oZ GL'1(3 Ar Y. PR RO PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.06-1899 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are 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 Act of Congress of 1940, as amended. (b) that defendant JAMES A. WENTZ is over 18 years of age and resides at, 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013 (c) that defendant KELLY L. WENTZ A/K/A KELLY L. WOOD is over 18 years of age, and resides at, 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQbTR Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., I& No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 0,151 563 7900 M&T MORTGAGE CORPORATION SB/M TO : COURT OF COMMON PLEAS KEYSTONE FINANCIAL BANK, N.A., DBIA KEYSTONE FINANCIAL MORTGAGE : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD Defendants TO: JAMES A. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DATE OF NOTICE: APRIL 27. 2006 : NO. 06-1899 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., I& No. 62205 Philadelphia, PA 19103 (21.SS61-7000 M&T MORTGAGE CORPORATION S/B/M TO : COURT OF COMMON PLEAS KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 06-1899 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD Defendants TO: KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUE ROAD CARLISLE, PA 17013 DATE OF NOTICE: APRiI. 212006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE-IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff ©?h 1 -v cr, mr 7> G I Q W rn r`-7 -n r7 ?; Jrn .C (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M & T MORTGAGE CORPORATION S/B/M TO . KEYSTONE FINANCIAL BANK, N.A., D/B/A CUMBERLAND COUNTY KEYSTONE FINANCIAL MORTGAGE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-1899 V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2006(. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.*" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, No. 06-1899 V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/16/06 to SEPTEMBER 6, 2006 (per diem -$27.94) TOTAL $169,978.47 $3,157.22 and Costs $173,135.69 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or d o z ? ?c v?y ?z az zz ?'mz ? d ?d oQ?w Uz ??OF d ?? aQ z ao? o? F F J < 1 .: Cl ^# CL tL ? c _J N v ?a w A 0 0 F?3 a ?3a aW QaX wad z 0 v L w? H w? o? F c ?w T a? w u. oLo M V 1 O ? J v M M O ? r r d d ya ?aaa Q? UU dd as ' ox 00 ?, p A 0 00 d N N i b a. L c 3 -y- 2z C, ?' ?zj WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1899 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s) From JAMES A WENTZ, KELLY L. WENTZ A/K/A KELLY L. WOOD (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 $169,978.47 L.L. $.50 Interest FROM 5/16/06 TO 9/6/06 (PER DIEM - $27.94) - $3,157.22 AND COSTS Atty's Comm % Any Paid $130.40 Plaintiff Paid Date: MAY 31, 2006 Due Prothy $1.00 Other Costs `C ITS LONG Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10;,1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as, Evelyn G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c7 ?; c. T,;? ? ?} ,_ ? '? 4_ c? I ??' ya ??; -¢? ?_ t ;1, _ _` "r- 'eve' T ?y '-?i Lj't r?. { (? Y I. M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE COURT OF COMMON PLEAS V. Plaintiff, JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DB/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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,290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES A. WENTZ CUMBERLAND COUNTY CIVIL DIVISION NO. 06-1899 Last Known Address (if address cannot be reasonably ascertained, please indicate) 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 KELLY L. WENTZ 290 OLD STONEHOUSE ROAD A/K/A KELLY L. WOOD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name MANUFACTURERS AND TRADERS TRUST COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 231 MARKET STREET HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE FINANCIAL BANK NA CITIZENS BANK OF PENNSYLVANIA CAMP HILL RBC 4231 TRINDLE ROAD CAMP HILL, PA 17011 1735 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. May 26, 2006 DATE ACAA DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff r ' O ?TA C, gp Cf1 :?C M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY No. 06-1899 May 26, 2006 TO: JAMES A. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,978.47 obtained by M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK N.A. DB/A KEYSTONE FINANCIAL MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two 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 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 by calling (215) 563-7000. 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 (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 the 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 30 days of the 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as, Evelyn G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 C7 r Cy ?__ yr T i'-?? l i . .... W _'- L_! r, a 1 ?, )( S{'? Y't ?. •• SHERIFF'S RETURN - REGULAR r CASE NO: 2006-01899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION ET AL VS WENTZ JAMES A ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WENTZ JAMES A the at 1750:00 HOURS, on the 6th day of April , 2006 DEFENDANT at 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to JAMES A WENTZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 1.0 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 04/07/2006 PHELAN HALLINAN SCHMMII'EG Sworn and Subscribed to before By: me this !9 day of Deputy Sheriff Lq-AT .,,, a- o-o A.D. ' Prothonotary 1 CASE NO: 2006-01899 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION ET AL VS WENTZ JAMES A ET AL WILLIAM KLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WENTZ KELLY L A/K/A KELLY L WOOD the DEFENDANT , at 1750:00 HOURS, on the 6th day of April 2006 at 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to JAMES A WENTZ, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 Yl- .00 10.00 R. Thomas Kline .00 16.00 04/07/2006 or PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this 9V_ day of K!1 c2w(, A. D. By: Deputy Sheriff Prothonotary 0. %, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE hereby verifies that on MAY 30, 2006 true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. Date: JULY 25, 2006 e D ANIET G. SCHMIEG, ESQUIRE Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the ohdntiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. s 1 J '.it .g w I' £0 L6L900 Z880£?L ZO 9AOZ SSW a will O yea 6 d v d Or. E gq w d 1%13 O U u1 U ? 's o? N qd y._. 7 ? o ? O F W -' ??? W lit u uj d O W O V' ? M ? U ? 7 U Y Wg 4, U Q w ? eG ? ? ? F ? G7 O O a '? ? Q O Ldat7 ? ? N ? ? ? n W O d a a ?' Q a ? d v, a 0 a ? t-a r o o ? jy?3a z a a w ?w m r ? z a?w w Z ? O ^' P ? Q 00 d N O? r? ? C ? N cn Q 7 ? a ??i n R T, N G: iii!- PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF J Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation S/B/M to Court of Common Pleas Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Civil Division Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants : Cumberland County : No. 06-1899 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 31, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 17, 2006 in the amount of $169,978.47. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $160,648.43 Interest Through 12/06/06 12,997.46 Per Diem $32.46 Late Charges 234.84 Legal fees 1,475.00 Cost of Suit and Title 732.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 103.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 3,268.83 TOTAL $179,459.56 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. rhelan Hallinan & S mieg, LLP Date: 1 7 By . Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff VS. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-1899 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 290 Old Stonehouse Road, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. elan Hallinan & Schmieg, LLP DATE: 1 a?- l By: Mic ele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHKIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133260 M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 Plaintiff V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR. PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TE NO. t!N, RM /JP ?p vt-L, ?JL CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE C O M l rk am- ? c. G a You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You arc warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar AssoeiatiWe hereby Certify the 32 South Bedford Street Within to 69 a true and - Carlisle, FA 17013 correct 4??N? (800)99o-9148 copy of the PLEASE FXE Cop%e riginal filed of record RETURN File n: 133260 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133260 M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 V. Plaintiff JAMES A. W ENTZ KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 vVe herehY (800)990-9108 Within to ?pr?of?y ??? correct o be a true and 'ri ginal f1J dye f the recorrj File #: 133260 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 133260 1. Plaintiff is M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/27/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1593, Page: 648. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 133260 The following amounts are due on the mortgage: Principal Balance $160,648.43 Interest 4,869.00 11/01/2005 through 03/30/2006 (Per Diem $32.46) Attorney's Fees 1,225.00 Cumulative Late Charges 179.66 01/27/2000 to 03/30/2006 Cost of Suit and Title Search 550.0 Subtotal $ 167,472.09 Escrow Credit 0.00 Deficit 1,013.22 Subtotal $ 1,013.22 'T'OTAL $ 168,485.31 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 168,485.3 1, together with interest from 03/30/2006 at the rate of $32.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALL AN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133260 LEGAL. DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths'(524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. PROPERTY BEING: 290 OLD STONEHOUSE ROAD File #., 133260 Exhibit "B" PRFLAN HALLINAN & SCHMIEG, L.L.P. By: DAN]*L G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A CUMBERLAND COUNTY KEYSTONE FINANCIAL MORTGAGE ; COURT OF COMMON PLEAS ONE FOUNTAIN PLAZA, 7TH FLOOR- DEFAULT CIVIL DIVISION BUFFALO, NY 14203 NO. 06-1899 Plaintiff, V. JAMES A. WENTZ KELLY L: WENTZ A/KUA KELLY L. WOOD ; .ryLt GTE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANNS' R ANDASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ? w Kindly enter an in rem judgment in favor of the Plaintiff' and against SAN S ON WENTZ and KELLY L MWZ A/KUA KELLY L WOOD Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosurc and Sale of the mortgaged promises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/31/06 to 5/16106 TOTAL $968,485.31 $1493.16 _ $169,978.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 0 r? D L G. SCHNOEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HERBY ASSESSED AS INDICATED, DATE: ??rC?Gb PRO ROTHY f45-* 133a6o VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. (elan Hallinan & S mieg, LLP DATE:' By: -LI Michele M. Bradford, Esquire Attorney for Plaintiff 0 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation SB/M to Court of Common Pleas Keystone Financial Bank, N.A., DB/A Keystone Financial Mortgage Civil Division Plaintiff vs. : Cumberland County : No. 06-1899 James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood 290 Old Stonehouse Road Carlisle, PA 17013 DATE: L el n Hallinan & S . mieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff C? c?:s kjo PHELAN HALLINAN AND SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO. 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE vs. JAMES A. WENTZ KELLY L. WENTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 06-1899 MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN AND SCHMIEG, LLP petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for DECEMBER 6, 2006. 2. Plaintiff has agreed to possibly modify the mortgage, which would allow the Defendants to cure the mortgage default. 3. A one month postponement of the Sheriff's sale will enable Plaintiff and Defendants to complete negotiations. 4. The Defendants will not be injured by the granting of the relief requested, inasmuch as the postponement will inure to their benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to JANUARY 10, 2007. P. SCHALK, ESQUIRE dEY FOR PLAINTIFF PHELAN HALLINAN AND SCHMIEG PHELAN HALLINAN AND SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO. 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DBlA KEYSTONE FINANCIAL MORTGAGE VS. JAMES A. WENTZ KELLY L. WENTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 06-1899 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff's Sale of real property by special Order of Court. In the case sub judicia, a Sheriff s Sale of the mortgaged premises has been scheduled for DECEMBER 6, 2006. However, a one month postponement is requested to allow Plaintiff and Defendants to complete negotiations. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a postponement of the Sheriffs Sale of the mortgaged premises to the JANUARY 10, 2007 sale. RESPECTFULLY SUBMITTED: CHALK, ESQUIRE FOR PLAINTIFF PHELAN HALLINAN AND SCHMIEG VERIFICATION JOSEPH P. SCHALK, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: December S, 2006 1 JO P P. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN AND SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO. 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE vs. JAMES A. WENTZ KELLY L. WENTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 06-1899 CERTIFICATION OF SERVICE I, JOSEPH P. SCHALK, Esquire, hereby certify that a copy of the Motion for Postponement of Sheriffs Sale has been sent to the individuals indicated below on December 5, 2006. JAMES A. WENTZ KELLY L. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 PHELAN HALLINAN AND SCHMIEG P. SCHALK, ESQUIRE 1EY FOR PLAINTIFF r- Tr .J f-. co W M & T Mortgage Corporation, S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff V. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1899 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 5th day of December, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 26, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, N\%t ? &A \/ '* ? M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff James A. Wentz Kelly L. Wentz, a/k/a Kelly L. Wood Defendants r j2.b(e-dL 4- bas WJVII?l ? C :8 WV 9 - 330 9041 DHi JO DI -11 r?.11H ;. DEC 0 5 2006 ? e M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE COURT OF COMMON PLEAS CIVIL DIVISION VS. JAMES A. WENTZ KELLY L. WENTZ CUMBERLAND COUNTY No.: 06-1899 ORDER AND NOW, this _ day of Q G c.t ZO V 2006, after consideration of Plaintiffs Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled CUMBERLAND Sheriffs Sale dated JANUARY 10, 2007. No further advertising or additional notice to lienholder or defendants is required. BY THE COURT: \uI (?AA _U J. S Y h ?r\ C r n r : r_ ?r .r? N 0 C7 M 7 CP L n a 9-1-n r: L -r.ti _? C7 _JfTj --t PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation SB/M to Keystone Financial Bank, N.A., DB/A Keystone Financial Mortgage Plaintiff VS. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants Court of Common Pleas Civil Division : Cumberland County : No. 06-1899 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the December 5, 2006 Rule directing the defendant to show by December 26, 2006 was sent to the following individuals on the date indicated below. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood 290 Old Stonehouse Road Carlisle, PA 17013 DATE: ! Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Attorney for Plaintiff ' r"? ? t? -n t 7 ??". ?. cS"` -;y ?.? "- _- J C:- - y_, ,_ .. ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 56-1-7000 M&T Mortgage Corporation S/B/M to Court of Common Pleas Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage : Civil Division Plaintiff : Cumberland County vs. : No. 06-1899 James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on November 27, 2006. 3. A Rule was entered by the Court on or about December 5, 2006 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on December 12, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 26, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP l r C - ?04t?D Date Michele M. Brad ord, Esquire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-1899 BRIF,F IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RUI F ABSOLUTE A Motion to Reassess Damages was filed with the Court on November 27, 2006. A Rule was entered by the Court on or about December 5, 2006 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 12, 2006 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 26, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Br or , squire Attorney for the Plaintiff Exhibit "A" M & T Mortgage Corporation, S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff V. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1899 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 5th day of December, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 26, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?A-? ' "A V,- M. '" ? L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff James A. Wentz Kelly L. Wentz, a/k/a Kelly L. Wood Defendants bas IRUE COPY FROM RECORD- ?d whereof, I hereunto set my,h, ,c sea of said Court at CarttSle, Pa. ?+ y o ae? Prothonotary Exhibit "B" Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation SB/M to : Court of Common Pleas Keystone Financial Bank, N.A., DB/A Keystone Financial Mortgage : Civil Division PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants : Cumberland County : No. 06-1899 CERTIFICATION OF SERVICE r, C y C- I hereby certify that a true and correct copy of the December 5, 2006 Rule directing the defendant to show by December 26, 2006 was sent to tie following individuals on the date indicated below. James A. Wentz Kelly L. Wentz" A/K/A Kelly L. Wood 290 Old Stonehouse Road Carlisle, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: 100-10 By; Michele M. Bradford, Attorney for Plaintiff Q n -L? c,.a C -c Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Date Vichele MM'Bra ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-1899 I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood 290 Old Stonehouse Road Carlisle, PA 17013 Date: )(A1Q0 j Michele M. Brad rd, Esquire Attorney for Plaintiff ?J r. "`L ?? ?,;?,, ?' ? ? ??'J ,S ? •'t`i .+:;' S ` ! ,e? ??t?? -r"° -' `?? a? 7 IN THE COURT OF COMMON PLEAS JAN o s 200 CUMBERLAND COUNTY, PENNSYLVANIA M&T Mortgage Corporation S/B/M to Court of Common Pleas Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Civil Division Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants Cumberland County No. 06-1899 1h AND NOW, this ? day of S av-.? a? vim, 2007 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $160,648.43 Interest Through 12/06/06 12,997.46 Per Diem $32.46 Late Charges 234.84 Legal fees 1,475.00 Cost of Suit and Title 732.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/BPO 103.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 3,269 83 TOTAL $179,459.56 Plus interest from 12/06/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Z?? BY THE COURT J. 133260 4rp?''{.,f ^? i 1r' _ ?ihV CIO 10:1110 6-- NVP LnOZ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants Court of Common Pleas Civil Division Cumberland County No. 06-1899 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on November 27, 2006. 3. A Rule was entered by the Court on or about December 5, 2006 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on December 12, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of December 26, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP t Date Michele M. Bradford, Esquire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Q 15) 563-7000 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-1899 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on November 27, 2006. A Rule was entered by the Court on or about December 5, 2006 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 12, 2006 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 26, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Br or , squire Attorney for the Plaintiff Exhibit "A" M & T Mortgage Corporation, S/BIM to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff V. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1899 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 5th day of December, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 26, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, ,?% -t (?, , V,- M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff James A. Wentz r RUE Kelly L. Wentz, a/k/a Kelly L. Wood COPY FROM RECORD Defendants Testltwny whereof, I here unto set"h,>' c Id the seal of said Court at Catisle, pa. bas ? ?, t A a- y o? d90L Prothonmrr Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation SB/M to Court of Common Pleas Keystone Financial Bank, N.A., DB/A Keystone Financial Mortgage Civil Division Plaintiff Cumberland County , vs.?.? No. 06-1899 c? James A. Wentz - -., Kelly L. Wentz A/K/A Kelly L. Wood Defendants y- CERTIFICATION OF SERVICE 7 I hereby certify that a true and correct copy of the December 5, 2006 Rule directing the defendant to show by December 26, 2006 was sent to the following individuals on the date indicated below. James A. Wentz Kelly L. Wentz`' ° A/K!A Kelly L. Wood 290 Old Stonehouse Road Carlisle, PA 17013 DATE: nO x Phelan Hallinan & Schmieg, LLP By. Michele M. Bradford, Attorney for Plaintiff Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. 4?T Date ichele M. Bra ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T Mortgage Corporation S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff vs. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-1899 I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood 290 Old Stonehouse Road Carlisle, PA 17013 Date: ag n4r'd. ichele MEsquire Attorney for Plaintiff Q ? . ?_ zr typ D Keystone Finanacial Bank VS James A. Wentz and Kelly Wentz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1899 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 20.50 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Levy 15.00 Surcharge 30.00 Law Journal 521.00 Patriot News 369.20 Postpone Sale 40.00 Share of Bills 19.31 $1,085.3V107 So Answe : R. Thomas Kline, Sheriff BY L GlW. 1 Real Estate Sergeant Ck? 57005 27? je'15?8 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DIB/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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,290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s)- Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY 231 MARKET STREET HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE FINANCIAL BANK NA CITIZENS BANK OF PENNSYLVANIA CAMP HILL RBC 4231 TRINDLE ROAD CAMP HILL, PA 17011 1735 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unswom falsification to authorities. May 26, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff M & T MORTGAGE CORPORATION SIB/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY No. 06-1899 May 26, 2006 TO: JAMES A. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,978.47 obtained by M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. Y 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 on page two 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 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 by calling (215) 563-7000. 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 (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 the 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 30 days of the 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 M LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as, Evelyn G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1899 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 S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s) From JAMES A WENTZ, KELLY L. WENTZ A/K/A KELLY L. WOOD (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 $169,978.47 L.L. $30 Interest FROM 5/16/06 TO 9/6/06 (PER DIEM - $27.94) - $3,157.22 AND COSTS Arty's Comm % Arty Paid $130.40 Plaintiff Paid Date: MAY 31, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 76 -a ,2 o On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in N Middlesex Township, Cumberland County, PA D {-r7 0 Known and numbered as 290 Old Stonehouse Rd. -=? , Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: Real Estate Sergeant Ga w THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .............. ,..bD. ;? . r'.L.............................. COPY Sworn to and bs ri ed be re me thTs`09ifici t1,#199 *WFtl%*WUVAN(A R A T. F #76 -REAL ESTATE SALE NO. 76 Writ No. 2006-1899 Chril Term M & T Mortgage Corporation S/B/ M to Keystone Financial Bank N.A., D/B/ AKeystone Financial sage V James A. Wentz and Kelly L. Wentz a/Wa Kelly L. Wood Atty: Daniel G. Schmleg DESC ON ALL THAT CERT tract of land situate in Middlesex Towns Cumberland County , Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc,, by Hoover Engineering Services, Inc., dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T- 591 (Old Stone House Road), thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and , seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by I m 9 of the 2fwe+nmtimM snldiviaiim N.¦th Notarial Seal Terry L. Russell, Notary Public City Of burg, Dauphin County my Com ' sion June 6,2010 DMeember, P nnsyl a sociaticn of NNclaaties ARY 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 21, July 28, and August 4, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 76 Marie Writ No. 2006-1899 Civil M & T Mortgage Corporation s/b/m to Keystone Financial Bank N.A., d/b/a Keystone Financial Mortgage vs. James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL that certain tract of land situ- ate in Middlesex Township, Cum- berland County, Pennsylvania, be- ing identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, ap- proved October 7, 1998, by the Middlesex Township Board of Su- pervisors. and recorded November WORN TO AND SUBSCRIBED before me this 4 day of Au?st, 2006 MOT OTAi { IS E. Si`d'/L)t,- 1, '.Viol ary Cs ; , F'ior . ?f'!Cii?7ta r?;yst!1 f ^•Ij!,.?,r M & T Mortgage Corporation, S/B/M to Keystone Financial Bank, N.A., D/B/A Keystone Financial Mortgage Plaintiff V. James A. Wentz Kelly L. Wentz A/K/A Kelly L. Wood Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1899 CIVIL : CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the Plaintiff's Motion to Make Rule Absolute and the failure of the Defendants to respond, IT IS HEREBY ORDERED AND DIRECTED that the Rule is Made Absolute and the Plaintiff's Motion to Reassess Damages is GRANTED. By the Court, ?ichele M. Bradford, Esquire Counsel for Plaintiff ames A. Wentz Kelly L. Wentz, a/k/a Kelly L. Wood Defendants bas M. L. Ebert, Jr., J. V i PY 3ltw,N 1id$$??.t 17, :C Wd 6- NV! LOOG KuViOi, CH.lOW 3HI J© 3^'10120-C 31H L PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 M & T MORTGAGE CORPORATION S/BIM TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, No. 06-1899 V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due interest from 5/16/06 to MARCH 5, 2008 (per diem -$27.94) Add,I Costs TOTAL $169,978.47 $18,412.46 and Costs $4,068.50 $192,459.43 r DANIEL G. S HMIEG, ESQUIRE One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Sui 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the,.sale. 133260 rz oa U H 444 H U C 4 g z 3 Na ?? d H ?, c? w ? V.4 4 WO pd 0? r UA U d? °H d d 0 ..? V1 d g ?$ Q 7s 1 cn 4JI t.3 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known•as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10,.,1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the. Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as, Evelyn-G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.06-1899 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DB/A KEYSTONE FINANCIAL MORTGAGE . Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,290 OLD STONEHOUSE ROAD. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY 231 MARKET STREET HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE FINANCIAL BANK NA CAMP HILL RBC 4231 TRINDLE ROAD CAMP HILL, PA 17011 CITIZENS BANK OF PENNSYLVANIA 1735 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: None Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 171054486 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. Sec. 4904 relating to unworn falsification to authorities. September 12, 2007 ic"-J H, A DATE DANIEL G. SCHIvIIEG, ESQUIRE Attorney for Plaintiff ? C ? ?. m ? ....? ? . t ? _ ? .? ,.,? ' .: .? d M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY No. 06-1899 September 12, 2007 TO: JAMES A. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,978.47 obtained by M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two 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 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 by calling (215) 563-7000. 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 (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 the 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 30 days of the 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known•as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10,:_1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the. Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an -iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes-.24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point its the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto ltealand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James-A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand,. Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as; Evelyn.,G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 181, page -724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 'PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. )Qf, JW11 P _J?riMn' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t - i s WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1899 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION s/b/m to KEYSTONE FINANCIAL BANK, N.A., d/b/a KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s) From JAMES A. WENTZ & KELLY L. WENTZ a/k/a KELLY L. WOOD (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 $169,978.47 L.L. Interest from 5/16/06 to 3/05/08 (per diem - $27.94) - $18,412.46 and Costs Atty's Comm % Atty Paid $1,237.21 Plaintiff Paid Due Prothy $2.00 Other Costs $4,068.50 Date: 9/14/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE S , s R Long, Prothono By: ?"" & . 0, . '2'. '. . Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff VS. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1899 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 31, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on May 17, 2006 in the amount of $169,978.47. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 5, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $158,925.00 Interest Through March 5, 2008 $18,686.32 Per Diem $32.11 Late Charges $0.00 Legal fees $1,625.00 Cost of Suit and Title $1,293.50 Sheriffs Sale Costs $1,033.71 Property Inspections $115.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,306.62 TOTAL $184,985.15 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 19, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Ebert entered an order to amend the judgment dated January 9, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: LLP Attorney for PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION S/B/M TO Court of Common Pleas KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Civil Division Plaintiff : CUMBERLAND County VS. JAMES A. WENTZ No. 06-1899 KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAMES A. WENTZ and KELLY L. WENTZ A/K/A KELLY L. WOOD executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co ofN.Y. vs Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping ` Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorpv. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: d-J,? a 1 ' a- hLLP s By- ich e ra fo d, squire Attorney for Plaint, Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133260 M&T MORTGAGE CORPORATION S/BIM TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 Plaintiff V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM p NO, ? -- f ? ? CUMBERLAND COUN 1'Y Defendants CIVIL ACTION - LAW COMPLAINT IN- MORTGAGE FORECLOSURE NOTICE t3 x' C- C.% ca tv You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgmont tray be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE_ IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. tF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WMI INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Ada NtYE PLEASES 0HY L jN iatWe hereby certify the within to ba a true and correct copy of the )riginal filed of record Lawyer Referral Service Cumberland County Bar Assoc 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 133260 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 133260 Plaintiff is M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES A WENTZ KELLY L. WENTZ A/IUA KELLY L WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/27/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1593, Page: 648. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 133260 6. The following amounts are due on the mortgage: Principal Balance $160,648.43 Interest 4,869.00 11/01/2005 through 03/30/2006 (Per Diem $32.46) Attorney's Fees 1,225.00 Cumulative Late Charges 179.66 01/27/2000 to 03/30/2006 Cost of Suit and Title Search 550.00 Subtotal $ 167,472.09 Escrow Credit 0.00 Deficit 1,013.22 Subtotal $ 1,013.22 TOTAL $ 168,485.31 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 168,485.31, together with interest from 03/30/2006 at the rate of $32.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALL AN & SCHMIEG-?, L/?LP 2TA'64 ", By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 133260 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths'(524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. PROPERTY BEING: 290 OLD STONEHOUSE ROAD File M 133260 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAR4= in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tale and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLMAN, ESQUIRE Attomey for Plaintiff DATE. Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: D"L G. SC11MIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 a15) .563-70(M M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE CUMBERLAND COUNTY ONE FOUNTAIN PLAZA, 7TH FLOOR- COURT OF COMMON PLEAS DEFAULT BUFFALO, NY 14203 CIVIL DIVISION Plaintiff, NO. 06-1899 v. JAMES A. WENTZ KELLY L: WENTZ A/K/A KELLY L. WOOD ; • cc ? Defendant(s). i? PRAECI r o PE FOR IN REM JUDGMENT FOR FAILURE To r"` ANS RA FRX ND ASSESSM NT OF DAMAGES TO THE PROTHONOTARY: C ca c Kindly.enter an in rem judgment in favor of the Plaintiff and against JAq,. ON WEB and Y L. jSrn LLY L. W. D Defendant(s) for failure to file an Answer to plaintiffs Complaint within 20 days from servi th ce ereof and for Foreclosure and We of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/31/06 to 5/16/06 TOTAL $168,485.31 1493. $169,978.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. D MG, ?SCFHRMCWmrGCE?"SyU-ME Attorney for Plaintiff' . ' DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: ?? oZC>(J?o PRO O7'gy Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey December 19, 2007 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 RE: M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE vs. JAMES A. WENTZ and KELLY L. WENTZ, A/K/A KELLY L. WOOD Premises Address: 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 06-1899 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 24, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very WHallinnn Mi squire For Pchmieg, LLP Enclo sure °o v a? W o g g U 0 a a? a0 C R h `aS' C Eve Z<O a K3- O V y " a? ' ua £0 L6 L 3a03dlZ wow amim ? 'n 1O-()Z 6L 030 0 L08 217,00D, 09030 $ Wl ZO s"?aLy ?'? ?he? • d U W -? 4 d v ? w m _ G N N 0•'T?. x da w z > b o w =?,.sw ? w sv -+ ? 0 o o?a 0=?? ro a?'i?c v7 G? a d pO°. eO w' "t7 N ? u N m a O w ? 0 a ? a it ? o N wd c a ?GO w ? ? A a? °a i N ? M ^9 Q M t+r v ? a w >, o? ? H .-a ^ N to vl ?O r- 00 N M ti c u F 0. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: hmieg, LLP By: lcih Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A : KEYSTONE FINANCIAL MORTGAGE Plaintiff vs. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1899 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DATE: he li ieg, LLP By: i h le radj(di, ire Attorney for Plaintiff ?? Q ?+ ? ? ?? :? f" ? ? l..j "'?` ? ' tfS1 ? r ?.-?, . + ?l Y t,: !? ? ? Y M & T MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF S/B/M TO KEYSTONE FINANCIAL CUMBERLAND COUNTY, PENNSYLVANIA BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE PLAINTIFF V. JAMES A. WENTZ, KELLY L. WENTZ, A/K/A KELLY L. WOOD DEFENDANTS NO. 06-1899 CIVIL ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Counsel for Plaintiff James A. Wentz Kelly L. Wentz a/k/a Kelly L. Wood Defendants M. L. Ebert, Jr., J. I tcrk t=llyl bas VIVA fASNf'vid 1 3 -C d C-- NV OOOZ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION SB/M TO Court of Common Pleas KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Civil Division Plaintiff CUMBERLAND County VS. No. 06-1899 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent to the following individual on the date indicated below JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DATE: By: P MBradford, LLP chelAttorney for Plaintiff t; a PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff VS. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants CUMBERLAND County No. 06-1899 MOTION TO MAKE RULE ABSOLUTE M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division 2. A Motion to Reassess Damages was filed with the Court on December 28, 2007. 3. A Rule was entered by the Court on or about January 2, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 9, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. ae Mtrahf?d hmieg, LLP TV w DATE: By: squire Attorney for Plaints PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County VS. No. 06-1899 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on December 28, 2008. A Rule was entered by the Court on or about January 2, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 9, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: D? By: rjPh ie g, LLP chele M. Bradford, uire Lj4 Attorney for Plaintiff Exhibit "A" M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE PLAINTIFF V. JAMES A. WENTZ, KELLY L. WENTZ, A/K/A KELLY L. WOOD DEFENDANTS IN THE COURT OF.COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1899 CIVIL ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff James A. Wentz Kelly L. Wentz a/k/a Kelly L. Wood Defendants bas "RUE COPY FRWA S C0'R U in ` estimony whereof, ! here unto sett rr-.°; hi?iyid and the of jd Coin at Carlisle, Pa OL-IgUt a?,?$ 77, Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ; 1 U; 00 !7i c,, <k,2 7nnn _.rrrikCA M&T MORTGAGE CORVXAXRONSB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff vs. ? b Q ATTORNEY FOR PLtTIF]' r7-7- co Court of Common Pleas Civil Division CUMBERLAND County No. 06-1899 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants C1 , 'ATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent to the following individual on the date indicated below.. JAMES A. WENTZ KELLY L. WENTZ ?j A/K/A KELLY L. WOOD 290 OLD STONEHOUSE R&A? 41 CARLISLE, PA 17013 DATE: By: Pchele MAm&brd, LLP Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. a 1' i g, LLP DATE: b? By: Mic ele M. Bradfo d, s re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff VS. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1899 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DATE: By: h 1 ' c ieg, LLP ch le M. radford, quire Attorney for Plaintiff .-:; a ?-a s..... :s? -n ..??? ?,1? 1 J 2?? _ 7 ?,ti.? r' .. fir:.. AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) CUMBERLAND COUNTY M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A / KEYSTONE FINANCIAL MORTGAGE No. 06-1899 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD SERVE KELLY L. WENTZ A/K/A KELLY L. WOOD AT 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 ACCT. #133260 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 SERVED /s, Served and made known to ?E1??I L. Vll 1TZ , Defendant, on the _ V4 day of 0CT616F R , 20071at '•Q6 _o'clock f.m., at PR6 OL-b ?JoIUE??DbIS? C*D-? 0+a(_{5t4E_._ , Commonwealth of Pennsylvania, in the manner described below: l?Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age s Height Weight OHO Race VJ Sex Other I, &1U 4-tp h 0 w- , a competent adult, being duly sworn according to law, depose and state that I personally handed atrue and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _'M_ day t? N , 2QQ3' Notary: By: P E A MPT SERVI E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. JOSEPH I SAWCY NOTARY PUMC OF IOW JERSEY NOT SERVED Coo n E0?*es IQ/20/3009 On the ay o , 200_, at o'clock ^.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: I of / 01 Time: ? 2nd Attempt: o15 / 07 Time: 7t 14, PYK 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 tq P? )_ ? =-? 'i ? r ,,. C`?% AFFIDAVIT OF SERVICE PLAINTIFF M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE DEFENDANT(S) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD SERVE JAMES A. WENTZ AT 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-1899 ACCT. #133260 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to l w gs -t - 1 s tog -z- , Defendant, on the rd day of 6crro , 2001, at 3 ' M , o'clock g.m., at ?9fl DLb 'STaSpEI M4rc QOAD 1 l: AL 16 LF , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. w Adult family member with whom Defendant(s) reside(s). Name and Relationship is * WELL-4 1 t r- F_ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 40S Height Weight 0106 Race QJ Sex _ Other I, Q U 6 LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this -"-4 day of 9-4; 200'7 Nota ? By: E ATTEMPT ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. JOWN J. wmy P 0TARY PUBLIC OF W# J9W NOT SERVED ha E?06101201200? On the ay o , 200_, at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Jq / I 0 / U7 Time: : 4( Pf#A 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200-. Notary: 2nd Attempt: 6115 /-Q7 Time: -7 ;4.2 p Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ` -; ' ? ? :a ?? _ } c _ .., .?. ? ?,,? ,. G.? ?. :;r? _ s JAN 2 8 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA M&T MORTGAGE CORPORATION S/B/M TO Court of Common Pleas KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Civil Division Plaintiff vs. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants CUMBERLAND County No. 06-1899 ORDER AND NOW, this day of Tah , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $158,925.00 Interest Through March 5, 2008 $18,686.32 Per Diem $32.11 Late Charges $0.00 Legal fees $1,625.00 Cost of Suit and Title $1,293.50 Sheriffs Sale Costs $1,033.71 Property Inspections $115.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium 1 $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,306.62 TOTAL $184,985.15 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 133260 -pwvt11 w v 4ftfr7 u, l?c?o A WVA'MNN3d AiNnc 60 :g Wy OE NVr 8001 - ?30/<P'f/ 'W'W4M AO M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK. N.A.. DB/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Manufacturers and Traders Trust Company c/o Eugene E. Pepinsky, Esquire Union Quarries, Inc. Union Quarries, Inc. c/o W. Scott, Esquire Last Known Address (if address cannot be reasonably ascertained, please indicate) 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 P.O. Box 686 Carlisle, PA 17015 1300 Linglestown Road Harrisburg, PA 17110-2838 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. Sec. 4904 relating to unsworn falsification to authorities. 2 ?p P January 29, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M & T MORTGAGE CORPORATION SB/M TO CUMBERLAND COUNTY KEYSTONE FINANCIAL BANK, N.A., DB/A COURT OF COMMON PLEAS KEYSTONE FINANCIAL MORTGAGE Plaintiff CIVIL DIVISION V. NO. 06-1899 JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 790 OLD SIONEM01ISE ROADS CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 42 d ; Z_ A 4 W DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: January 29, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It max of he sold in the ahsence of a repr s n a iv of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 133260 a C7 0 `n ??v o 'fl L R 40 !p ? 'C R zoo £0 ! 81 3QOOdIZ wpm ' iL 8 Q3iroW " LOOZ L1d3S 01081ZbOpp t 09& To ? Vu ZO ?? ? ! o? s?uwy rup a .,.mss s! ? r.y g V C'! n ? r' ?A 1 M C3 W m , °. 8 gg c Q r? ? on F O ? W ? .g ' .$ 8 a y fn F a g x ?' o ? a 8 s M o -? ?, ?. A-Alai ?? a U ? i ? ? ' mo a ?i , W ? u o y . O z ? V b em W ' $ W A .? o F ., V d z ? ? ? ?? o ? -ha ° a, L'i" s ¢ a o `?? "ja Q o N ?0. 0? G a V ° o 1 ? 3 rr] ? g ?? CG o . ?? Q ° z O z ? z A V ? V?D ?a Ao: ? ? . ? ? z d v ? ? N M tt h %D l? 00 O? ,;,? N M„ e}' y? Z " a w o? °v A •d. rn ?Z 0- AO Uwe a U F7 Wa a a d zd0 IL so M6 300*ad iz W0sA0311VW g 'LOOZ b?AON otOMPaz0 090'ti0 IM t t ?' H SWAA A7Nlk1 P NOW Rr ??gg •a cr W 3 rv M 9 g? ° r i ~ ? ? ° M ? al ° a w o w S ? .r a a CO ' O ?p4 ?•O q ? Ha z d z m 3 ? .-. N en v ?n ?C n oo a ?. a Z U < ; fir';` r -rl rr? G..r 'C M&T Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania James A. Wentz and Kelly L. Wentz a/k/a Writ No. 2006-1899 Civil Term Kelly L. Wood Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1954 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood, by making known unto James A. Wentz, personally and husband of Kelly L. Wentz a/k/a Kelly L. Wood, at 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Michael Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2008 at 1500 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 James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood located at 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood by regular mail to their last known address of 290 Old Stonehouse Road, Calrisle, PA 17013. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 49.36 Advertising 15.00 Posting Handbills 15.00 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 485.00 Patriot News 449.09 Share of Bills 16.17 '7j 16101 $ 1,156.22 R. Thomas Kline, Sheriff n BY\, ?{ 4 ao Real Estate ? , geant M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) M & T MORTGAGE CORPORATION_ S/B/M TO KEYSTONE FINANCIAL BANK. N.A.. D/B/A KEYSTONE FINANCIAL MORTGAGE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY 231 MARKET STREET HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE FINANCIAL BANK NA CAMP HILL RBC 4231 TRINDLE ROAD CAMP HILL, PA 17011 CITIZENS BANK OF PENNSYLVANIA 1735 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Sec. 4904 relating to unsworn falsification to authorities. September 12, 2007 /1+1 ? ` iyye DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY No. 06-1899 September 12, 2007 TO: JAMES A. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,978.47 obtained by M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two 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 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 by calling (215) 563-7000. 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 (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 the 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 30 days of the 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that. certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known•as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10;:_1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the. Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (01d Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths .(524:70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to aft iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minules"24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James-A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as; Evelyn.-G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 18 1, page -724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1899 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 s/b/m to KEYSTONE FINANCIAL BANK, N.A., d/b/a KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s) From JAMES A. WENTZ & KELLY L. WENTZ a/k/a KELLY L. WOOD (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 $169,978.47 L.L. Interest from 5/16/06 to 3/05/08 (per diem - $27.94) -- $18,412.46 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,237.21 Other Costs $4,068.50 Plaintiff Paid Date: 9/14/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE VAA . Long, Prothonotary By: ?e A , Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 14 On October 31, 2007 the Sheriff levied upon the defendant's interest in the real propertysittuatedin Middlesex Township, Cumberland County, PA Known and numbered as 290 Old Stonehouse Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. GiD Oslo Date: October 31, 2007 By: C Real E= Sergeant 'e:, i .1 l 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: January 25, February 1 and February 8, 2008 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. Lisa Marie CovnelEditor SWORITTO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FA" =WWM W& DO. 14 Writ No. 2006-1899 Civil M & T Mortgage Corporation vs. James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Plan Book 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the afore- mentioned subdivision South 37 de- grees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforemen- tion,ed eubdiWsion North 37 des 53 minutes 06 seconds Eaat a dis- tance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same prem- ises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/ 1 / 1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as Evelyn G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/ 17/ 1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132. The Patriot-News Co. I r 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14C Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01130108 02/06/08 h 02/13/08 QJ Sworn to c/su&W ibed befcl a mois A dXy of February, 2008 A. D. Notary Public COMMONWEALTH OF nF" sSYLVANt.a Notaris4 Seal Sherds L. Kisner, Notary Public CRY Of Haftburg, Dauphin County MY Corrrrr Siv, '>: xtr :tom Nov. 26, 2011 Member, Penneylvanla A 3oa1atlon of NoGtflfe REAL ESTATE SALE NO. 14 WMt No. 2006-IM CWNTarm M Ik T MbrtpV Corporation VS James A. Wentz and Kelly L. Wentz aWa Kelly L. Wood Attorney Daniel Schimieg DESCROYMN ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Real" Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6,1998, mthe Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centmime of T- 591 (Old Stone House Road), thatoe by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to ao iron pin; thence by Lot 6 and by Lot 9 of the aibremm Oned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to an iron pin; ftw by Lot 8 of die' albrementioniul subdivision North 37 degrees 53 minutes 06 seconds Fast a distance of five bund ed twenty- four and y-that hundredths (524.83) feet to a point in the centerline of T591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Same House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand. Inc., the grantor herein. TM,E TO SAID PREMISES IS VESTED LN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from RiWand, Inc., dated 8/ 31/1999, recorded 91111999 in Deed Book 206, page 1738. IT LE TO SAID PREMISES 1S VESTED IN aid, Inc., by Deed horn John J. Snyder, Jr.. :Vxecutor of the Estate of R.G. Snyder, also sown as Evelyn G. Snyder and John J. Snyder, jr., an unmarried mdmduaL dotted 7/1711998 in Aced$oA 181, page 724. PINMY BEING: 290 CND STONEIIOIJSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21 -"73-132 CUMBERLAND COUNTY COURTHOUS CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE P.R.C.P.3180-3183 M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, No. 06-1899 V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from (per diem -$30.41) Add'l Costs TOTAL $184,985.15 $9,609.56 and Costs $21,067.50 $215,662.21 DANIEL G. SCHMIEG, FAQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1? Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be pos pored or stayed in the event that a representative of the plaintiff is'not present at the sale. 133260 ? xn a? HAd ° Uzca w G7 C ? a' O d V ,? H --ft) 00 w a o 3 ? a d ? z? w o .? H o w wN a ? 5? a U a d iM^ t 9'' 90 ? F w 00 d rl> M ? a WW a? UU r O O ? 00 a 00 H `" p A p0 JAN 2 8 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA M&T MORTGAGE CORPORATION SB/M TO Court of Common Pleas KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Civil Division Plaintiff CUMBERLAND County V5. No. 06-1899 JAMES A. WENTZ . KELLY L. WENTZ A/K/A KELLY L. WOOD Defendants ORDER AND NOW, this day of lialo . , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $158,925100 Interest Through March 5, 2008 $18,686132 Per Diem $32.11 Late Charges $000 Legal fees $1,62500 Cost of Suit and Title $1,29350 Sheriff's-Sale Costs $1,033.71 Property Inspections $115. 0 I 1?3?? Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $184,985.15 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT • 1. 13 260 TRUE h` 90 Tet'ff9mv r Imm. of I Teri , - 3?y hand and the sa?_of f,J:i Court.; ` ;? 3'uyls. Pa. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMONIP W CIVIL DIVISION NO. 06-1899 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Acct 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff ?., ?=? .. c? C._. ? ? 4 ( c? -T1 ? .... ?.. r ,-?, - ? , ?!i ' ? ,_` t. .- t"'? ?, ? ? ?" ,? ? 'a t M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1899 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL B N N.A. DB/A KEYSTONE FINANCIAL MORTGAGE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Manufacturers and Traders Trust Company C/O Eugene E. Pepinsky, Esquire Last Known Address (if address cannot be reasonably ascertained, please indic te) 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Union Quarries, Inc. Union Quarries, Inc. C/O W. Scott, Esquire P.O. Box 686 Carlisle, PA 17015 1300 Linglestown Road Harrisburg, PA 17110-2838 Manufacturers and Traders Trust Company 213 MARKET STREET HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name KEYSTONE FINANCIAL BANK NA CITIZENS BANK OF PENNSYLVANIA Last Known Address (if address canL of be reasonably ascertained, please indic te) CAMP HILL RBC 4231 TRINDLE ROAD CAMP HILL, PA 17011 i 1735 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 2801 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best ofy personal knowledge or information and belief. I understand that false statements herein are male sObject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 28, 2008 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff i c -,l '" i t I V J M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). TO: JAMES A. WENTZ 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 July 28, 2008 CUMBERLAND COUNTY • I No. 06-1899 • I KELLY L. WENTZ A/K/A KELLY ' L. WOOD 290 OLD STONEHOUSE ROA? CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORAM TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHAPGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE C NS71 R UED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * Your house (real estate) at 290 OLD STONEHOUSE ROAD CARLISLE A 7013 is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in th Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court ju gm?'nt of $184,985.15 obtained by M & T MORTGAGE CORPORATION SB/M TO KEY TO E FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE (the orggagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must paly, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, t m re chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ? Y STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price w II?s gr?ssly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount d?e in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain ?he owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is pai to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proc edi s to evict you. 6. You may be entitled to a share of the money which was paid for your house. A,.; hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days oft a sale. This schedule will state who will be receiving that money. The money will be paid out in a?cor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filled with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back; if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. in the absence of a representative of the plaintiff at the Sheriff's Sale. The s postponed or stayed in the event that a representative of the plaintiff is not p m OT HAVE LISTED be the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Real and, Inc., by Hoover Engineering Services, Inc, dated August 10,j 1998, approved October 7, 1998, b the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being ore fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by LDt 6 f the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the afo em ntioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twe ty- our and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in alo g and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and ecorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Rec rd ook 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, pag 17 8. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, J ., Executor of the Estate of R.G. Snyder, also known as, Evelyn.-G. Snyder and John J. Snyder, Jr., an u arried individual, dated 7/17/1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1899 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION s/b/m TO KEYSTONE FINANCIAL BANK, N.A. d/b/a KEYSTONE FINANCIAL MORTGAGE, Pla From JAMES A. WENTZ, KELLY L. WENTZ a/k/a KELLY L. WOOD (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 of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjo paying any debt to or for the account of the defendant (s) and from delivering any property of the (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the posse of anyone other than a named garnishee, you are directed to notify him/her that he/she has been a garnishee and is enjoined as above stated. Amount Due $184,985.15 L.L. Interest (per diem - $30.41) - $9,609.56 and Costs Atty's Comm % Atty Paid $2,417.43 Plaintiff Paid Date: 7/29/08 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs $21,067.50 rothonotary By: Deputy s) a AFFIDAVIT OF SERVICE PLAINTIFF M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE DEFENDANT(S) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD SERVE JAMES A. WENTZ AT: 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-1899 ACCT. #133260 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to _ j,• FS &F4V71 ,,•Defendant, on the_ 1 3 ? day of U5? 200_ at t 5 ?f o'clock p m., at 290 &LA Smo F±b u SE P4 ?4D, L t S C.? ' T- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ' ?S Height (01;11 Weight -20 Race W Sex P__ Other I° P0A)4" r "t _,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before a this 13 _ day of , 2005 ,pQ fj Not By: R7t 4 ltti? P CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED 1C ?! M! 6i0i??ES 1e/=012 , 200-, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1 st Attempt: / / Time: 3rd Attempt: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2nd Attempt: Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 7 z? lip r<- cy 1. L?l LLI AFFIDAVIT OF SERVICE PLAINTIFF M & T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE DEFENDANT(S) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD SERVE KELLY L. WENTZ A/K/A KELLY L. WOOD AT: 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 06-1899 ACCT. #133260 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 SERVED Served and made known to k? L Ly ?„ _ J,I ^--Defendant, on the 1'34" day of fi'G(GRS 2003, at : Sg o'clock .m., at ?40 LLD STpjuEl u5-F- 26A-6 / ., F- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is f5 SB/hJ D Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 46S Height (Or;" Weight 240 Race W Sex M Other I, -k6 N4fPE "' p L l_ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this-13-day of? 200 , Notary: - By: P EASE ATT T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED On a STATE JERSEY =11111011MS& EX " PII wig lw==12--, 200_, at o'clock -.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: / / Time: 2ad Attempt: Time: 3rd Attempt: Time: Swom to and subscribed Attorney for Plaintiff before me this day of DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 11-7 'Z LL, W.Lti c y N CV M & T Mortgage Corporation s/b/m to In the Court of Common Pleas of Keystone Financial Bank, N.A. d/b/a Cumberland County, Pennsylvania Keystone Financial Mortgage Writ No. 2006-1899 Civil Term VS James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2008 at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: James A. Wentz and Kelly L. Wentz a/k/a Kelly L. Wood by making known unto Kelly Wentz, personally and wife of James A. Wentz, at 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1252 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 James A. Wentz and Kelly L. Wentz, a/k/a Kelly L. Wood, located at 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James E. Wentz and Kelly L. Wentz, a/k/a Kelly L. Wood, by regular mail to their last known address of 290 Old Stonehouse Road, Carlisle, PA 17013. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 2.64 Advertising 15.00 Posting Handbills 15.00 Prothonotary 2.00 Levy 15.00 Mileage 10.00 Surcharge 30.00 Share of Bills 14.92 +f infJ??b? ?., , $134.56 So `Answers: R. Thomas Kline, Sheriff BY Real state ergeant Crr. L L' 357 M & T MORTGAGE CORPORATION SB/M TO ` `KE'Y'STONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, . v. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). CIVIL DIVISION NO. 06-1899 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Manufacturers and Traders Trust Company C/O Eugene E. Pepinsky, Esquire Last Known Address (if address cannot be reasonably ascertained, please indicate) 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Union Quarries, Inc. Union Quarries, Inc. C/O W. Scott, Esquire P.O. Box 686 Carlisle, PA 17015 1300 Linglestown Road Harrisburg, PA 17110-2838 Manufacturers and Traders Trust Company 213 MARKET STREET HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE FINANCIAL BANK NA CITIZENS BANK OF PENNSYLVANIA CAMP HILL RBC 4231 TRINDLE ROAD CAMP HILL, PA 17011 1735 MARKET STREET PHILADELPHIA, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. July 28, 2008 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff 9 M & T MORTGAGE CORPORATION SB/M TO CUMBERLAND COUNTY KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE No. 06-1899 Plaintiff, V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD Defendant(s). July 28, 2008 TO: JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $184,985.15 obtained by M & T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two 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 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 by calling (215) 563-7000. 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 (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 the 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 30 days of the 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Bok 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety- six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc., the grantor herein. TITLE TO SAID PREMISES IS VESTED IN James A. Wentz and Kelly L. Wentz, husband and wife, by Deed from Realand, Inc., dated 8/31/1999, recorded 9/1/1999 in Deed Book 206, page 1738. TITLE TO SAID PREMISES IS VESTED IN Realand, Inc., by Deed from John J. Snyder, Jr., Executor of the Estate of R.G. Snyder, also known as, Evelyn-G. Snyder and John J. Snyder, Jr., an unmarried individual, dated 7/17/1998 in Deed Book 181, page 724. PROPERTY BEING: 290 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. PARCEL NO: 21-08-0573-132 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1899 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION s/b/m TO KEYSTONE FINANCIAL BANK, N.A. d/b/a KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s) From JAMES A. WENTZ, KELLY L. WENTZ a/k/a KELLY L. WOOD (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 $184,985.15 L.L. Interest (per diem - $30.41) - $9,609.56 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $2,417.43 Other Costs $21,067.50 Plaintiff Paid Date: 7/29/08 rothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy Real Estate Sale #I I On August 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Q Known and numbered as 290 Old Stonehouse Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15; 2008 By: 9 Real Es to Sergeant PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Court of Common Pleas : I Civil Division CUMBERLAND County Plaintiff vs JAMES A. WENTZ KELLY L.WENTZ, A/K/A KELLY L. WOOD PHS# 133260 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: October 15, 2008 : I No. 06-1899 CIVIL TERM Francis S. Hallinan Attorney for Plaintiff 3