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Home My WebLink About06-1977 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY 1.0. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 C)l.o - /9 Yr (!/U;~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LA W vs. MICHAEL J. HAYDON Mortgagor and Real Owner 6285 Salem Church Road a/kIa 6285 Haydon Court Unit 0-6 Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant CIVIL ACTIO!f."\QI()Wr,/\: ~CLOSU~' NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE. SIN NOTIFICARlO, DECIDIR A FAVOR DEL DEMAND ANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION. ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQuI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call the following number: 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-1013. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, PO Box 840, Buffalo, NY 14240-0840. 2. The name and address of the Defendant is MICHAEL J. HAYDON, 6285 Haydon Court, Mechanicsburg, PA 17050, who is the mortgagor and real owner ofthe mortgaged premises hereinafter described. 3. On May 28, 1992 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1070, Page 849. The Mortgage and assignment( s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for November 28, 2005, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 10/28/2005 through 04/30/2006 at 6.5150% Per Diem interest rate at $7.99 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 11/28/2005 to 04/30/2006 Monthly late charge amount at $28.86 Costs of suit and Title Search Escrow Monthly Escrow amount $91.31 $44,780.53 $1,478.15 $2,239.03 $173.15 $900.00 -$81.48 $49,489.38 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% ofthe remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity ofthe action requires additional fees in excess ofthe amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in personam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge oftheir personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. .9. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $49,489.38, together with interest at the rate of$7.99, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. , . . By: /! J: i'C D CK McCAFFERTY & McKEEVER Y: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Ij-t.j-{) h Diana M. Robinson M&T MORTGAGE CORPORATION p,~lii6it .Jl EXHIBIT A Borrower: ~ J....,don &Ui....... ChUtCII ROId MechINCtbUrg, PA 1711H lender: F....... TruI Corn~ W"'1hon ~ One w..HlIII81_ c.r8IIt. PA 17013 no Eshiblt It. II. .tllIchod 10 and by thI. re1e(...:e I. IMdII . pwt 01 UdI DMd 01 Trull or IIOrtgl8e, deled May 28, 1112, and exeeu1ed In conMCtlo" with. 1011I Or' other ~ lCCOIMIoca.uOllll ~""n F_m.. Trust: Com"", MCII MIcbaet J. Hlydon. ALL THAT CERTAIN UNIT, designated as Unit No. D-6 in the Haydon Court Condominium, situated in the Township of Hampden, County of Cumberland, Pennsylvania, which Condominium has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seg., as designated in the Declaration of Haydon Court Condominium dated June 18, 1991, and recorded on July 24, 1991 in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania in Miscellaneous Book 401, page 460, as the Bame shall be amended from time to time, and the Plats and Plans for Haydon Court Condominium dated August 15, 1990, revised November 8, 1990, December 7, 1990, AprilS, 1991 and May 24, 1991 and recorded on June 24, 1991 in Plan Book 62, Page 132 in the aforesaid Office. TOGETHER WITH all right. title and interest appurtenant to Unit No. D-6, being an undivided 10.562581769 percentage interest in and to the Common Elements as set forth in the above Declaration, as the same shall be amended from time to time; and TOGETHER WITH the right to use and enjoy the Limited CollUt\On Elements, as designated in the above Declaration, as the same shall be amended from time to time. GRANTORS reserve the right, in accordance with said Declaration, to reduce and reallocate Grantee's proportionate undivided interest in the Common Elements as provided in the Declaration, as the same shall be amended from time to time. THIS EXtI!lIT A IS DECUTED ON MAY 28,1912.. ~"~:;'"'C"""'''''~'''~!iiii LDIDER: Fannera Trust Comp.ny bOOK 1070 PAGE 855 By, -~ LA8E~ ~O(lm)V__, S,15/C)I~2'OFI BltIl<<lr, Ser\lk;,orOlJp,Ir\Q, All r1llht. r.....v.cL 1P"-GtoH"YOOfrrllJlNl P,~lii6it (B \.1&T Mortgage Corp. P.O. Box 1288 Bufflilu. NY 14240-1288 !1 M&J.'Mortgage 0rp0I'atl0n ^~"'.....- U21l3nOOb Certified No.: 71826389306007705824 Michael .I Haydon 61&5 Haydon Court Meehallicsburg, PA 17050 HON!QMNfRS NMIE(S): Ntchau1 .J Haydon PROPERTY ADDRESS: 1!I28B S.l8lll ChuI"'Cl'l Rd MM:hanlcsburg, PA 17055 LOAN ACCT NO: 0008780551 iCUIUtf:NT Ll:NDI::R/5I::RV:EiCER: "T IIDrtgap c:orparatlon UOMEOWNER'SEMERGItNCY MORTGAGE ASSISTANCE PROGRAM yon MA V RF.. ElIGIBLE FOR FINANCIAL AS.~ISTANCE WHIl'H CAN SAVE YOIIR HOME FROM FORECLOSmu: AND HELP YOU MJ\KE FUTURE MORTCAGE PAYMENTS 110" YOU COMFL Y WITH THE PROVISIONS OF THE HOMEOWN"~RtS EMEKGENl:Y MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGI>: ASSISTANCE, IF YOUR DEFAIJI.THAS KEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A RRASONAHLE PROSPECT OF BEING ABLE TO PAY YOUR MORTCAGE PAYMENTS, AND IF YOU MEET ornER ELIGIBIUTV RI<:QUIRI!;ME-'lTS F:S'I'ABLlSIIED BY THE PESNSYLV ANIA HOUSING FINANf:F. AGENCY. TEMPORARY STAY OF FORF.CI..oSIJN.~ - Under the Act, you ACe entitled to a ~mporary stllY offoreclosl.Ire on your mortgage for thirty (30) days from tht: Ullic ofthill Notice. I Juring that time you must mange and attend a "fllCt:-Lu~fac' 'meeting with onc of the OOnSUD1er qedit counsellng ngcncil:li listcd at the end ofthil5 Notice. THIS MEETING MUST OCCUR WITHIN THE NRX'.' (30) DAYS IF YOU 00 NOT APPLY FOR EMERGENCY MORTGAfiE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UT' TO IlATF. THE PART OF THIS NOTICE: CAt I Fn"HOW TO CURE YOUR MORTGAGE DEFAUl T" Rxpr AINS HOW TO BRING YOUR MORTGA(;J-' UP TO DATE CONSUMER CREDIT COIJNSEI.ING AGF.NrJES - If yo II meeT with ane of the COllswner l'retlil cuunseling agency listed at tbc md ofthil': notice, the lender may NOT tak(' action against you for thirty (]O) days after the date offhis meeting. The name!; Addre~Sdi II.nd tclcnhone numbefll ofdesi2nated conswner credit coullselinll al1C11cie~ fOT the countv in which the nronertv is located are ~t forth at the end orthis Notice. It is only necessary to schedule one face-to-fucemeeling. Advise your lender immcdiatclyofyour intentions. 1 BOO 724 1633 Q/rresponr1efJCe - P,O. Box 840, lkiffalo, NY 14~40.0840 Payments - P.O. Box 62182. Baltimore, MD 21264-?18? Morlpag& ~COUllt informll/inn,juSf u click away. www.mandlmortgllgecom IF THE MORTG.4.GIi: IS Ii'ORECLO~ED UPON -- 'I'M mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender reters your case Lo its attorneys, but you cure thl.: delinquency before the lender begirullcgal proceedings against yuu, you will still be required Lu pay the reasonable attomey'sfces That were actually incurrcd, or to $50,00, However, jflcgaJ f'Il'Clceedings are starh;u again'lt you, you willllllve W pay all reasot'lllble at1oml:Y':if~\:Sactua\lymcurredbythelemlcr even irt~exceed $50.00, Any attorney's fees will be added (0 lhe amOllnt you owe the lender, which may also illcludt;: other reasonable costs. Ityotll:ure the ddault wkbhs the THIRty (30) DAY period, yuu will not be required to pay attorney's fees. OTHER LENDER RKMEDIES _ The lender may also sue you pl:n;onally for the Wlpaid prindpal halance and all other S1.lt'nS due"UU(k. the mo1'tgage, RIGHT TO CITRE TilE DEFAIJI TPRIOR TO SI1ERlFF'SSALE ~~ If you have not cured the lolefault within the TIIlRTY (30) DAY period and foreclosure proct:l:dings have begun, you still have the right to ClUe the defaull and prevent the sale at any time up to one hour before the SherifCllSale_ Y 011 may do so by paying the total amount then past due. plus any late lX' other charges then due, ret\Eonable attorney'sf~'S llTld rosa connected willi Ihe foreclosure sale and auy Ol.hCTcosts connected with the Sheriff'sSale as specified in writing by the lender and by performing any otheT requirements under the mortgage. CurillR your defallltln the manner set forth in this notlte l'I'Dl restore ynur morte:.ge to the spme position liS If you h.d never defaulted. ~^RLIItST POSSml.K SHERIFF'S SAI.E DAn: -- It is estimated til.ltt the earliest date. that such Il. Sh\."l'iff~Si\le o(the mortgaged prop~rty could he held would be approdmatel}' 10 mouths frolD the date oftbls Notice. A notice of the actual date of the SlleriffsSale will be sentto you hefon: the sale, Of course, the amoWlt needed to CUR the default will increase the longer you wait Ynu may find out at allY lime exactly what the required pll.yment or action will be by contacling the lender, HOW TO CONTACT'I'IIE LENDER. Name of Lender: M&T Mortgage Corporation Address: P.O. Box 840 Buffalo. NY 14240 Pblllle Number: (800) 714-16]3 EFFECT Ot' SHERIFF'S SALE ~- YOIl should realize thlll a Sheriff's Sale will end your ownership oftl1e Olongaged property and your right to occupy it. If you continue to livc in the property after the Sheriff'!'Sale. a lawsuit to remo....e you tmd your furnishings and other belonsings could be startoo by the lender at any time. ASSUMPTION OF MORTGAGF. - YClll_ mayor.!. mllY not sell or tranSfer your home to a buyer or transferee wbo will a~~me the mortgage dt:bl, provided that all the outslllnding payments, charges lUld attorney's fees and costs are pllid prior to or at the sale and thatlhc other requirements ofdlC mortgage are satistied, YOU MAY ALSOH4.VETHE RIGHT: TO SELL THE PROPERTY TO OBTAI'" MONEY TO PAYOFF THE MORTGAGE OEUI' OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF TJUS DEBT, TO Hi\VE THIS DFFAULTCUREDBY ANY TlIIRDPARlY ACTTNCiON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO 1'1 IE SAME POSmON AS H' NO DEFAULT HAO OCCURRI.':n, IF YOU CURE THE I>EFAULT. (HOWEVER, YOU DONOT HAVE. TillS RIGHT TO CURE YOUR DEFAULT MORE mAN THIWE TIMES IN ANY CA1.ENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTIl1JTED UNDER mE MORTGAGE DOCUMENTS, TO ASSEnT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAl, BANKRUPTCY LAW Sinc'-TCly, .e...,.,...... ~ 'T. RussclIM_AlessiJr. Collections Manager Ene Ac191 Notice Consumer Credit COumieling Agencies Serving Y vur County 18.00 7241G:n Coml~noo .P.O. B~ 840, &ffalo.NY 14240.()84C Payments, P,O, Box 62182, BaltimOfe. MD 21264-2162 Mortgage account inlrxmeliatl,just a click away_ www.mandll1.lllrt(lage_com Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (7]7) 334.1518 CCCS of Western PA 2000 LinglcsLown Road Harrisburg. P ^ 171 02 1.8RH-5] 1-2227 Community Action CommissloDofCaptial Regio1) 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th St,ed Harrisbu'g, P A 1711 0 (717) 232-2207 Maranatha 41 PhilauelphiaAvenue Waynesbom. PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, P ^ 1711 0 ]-800-,42-2397 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is ad olllcls.1 notice tbat tile mOl'\~t' on "our borne Is in defAult. and the lender JnwDds to forecJose. Soec:lflc IGrOTOII.lino abollt the Bilton ofthe default Isnl'tr\>lded in the DtlIiI~hl!d Dalles. "be "OMF.oWNER~SMORTGAGE ASSISTANCE PROGRAM (REMAP) may he ahle to hdo to !lave "our lIome.l'htsNotla: emlllo. how tbe nrlWl'aM worln. To IW4! If HRMAP tAn helD. vou must: MEET WITH A CONSUMER CREDn COUNSEUNG AGE1'\C'V WITHIN 30 nAYS OF THE DAn: OF THIS NOnCE Take thl~ Notice with vou wbeD "'uu ~t with the CoulUlelinrr Aftncv. The mime. address and phOne Dumber of Consumer Crt.dlt CouonliOl! AMenda "",inti! Your Countv arc lilted at the end oftbis Notice. If YOU blllve anY lIIueslinOIl. vau mav CII..1 the Penosvl"anho UousiJl.Il Finantt Auncv ton (ref' at '_800-.142_2;197IPeNlODS with ilnDilllred beariu- 1:210 nil (717) 78f1..1869\. ThIs Notil:e contalJu important lealill io.rM'matlop. If you hlllve any que!ltioD', representatives at lhe Consumer Credit OmnseUng AC-en~y may be ahle to help up'ain it. You may al~o want to ~onta~t 1111 aliorary In your area. The local har aS$ocialiuD may be abk tn h~.lp you. fiml a l2Iw)'tt. LA NOTlFlCACION F.'N ADJUNTO":S DE S\JMA IMPORTANCIA, PUESAFfoX..TA SU DEkOCHO A CONTlNUAR VIVlENUO EN SU CASA. SI NO COMPRENDE F.I-, CONTENlTJO DE ESTA NO'nFICACJON OBTENGA LJllrr1A TRADlJCClON INMF.mTANIENTE I.LAMANOO I'~STA ACENCIA (PENNSVI.V ANIA HOUSING FINAN(;):; AGENCY) SIN CARGOS AL NUMERO MF.NClONADO ARRIBA PUEnES SiR ELEGIBLE PARA UN FRESTAMO POREI. I'ROGRAMA. LLAMA-nO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EI, CUAL PUEDE SAJ.vAR SU CASA.DE LA. PERlllDADEL m':RECHO A REDlMJR SU HJPOTECA. 1 800 724 1633 D:lrrespOll~ - P,Q, Botr. 840, BuIIBlo, NY 1~24(H)840 Payrmmts. r.o. Brn.- 62162, Blltlmore, MD 21264-7162 Uortguge accOUl?f InfOl11latJon,jllM D click away, WWWjMl'\~,com APPLICATION FOR MORTGAGE ASSISTANCE _ YOU1' mongail,\: i~ in dcfaul\ for the re~sons set forth later in this f>.'otice (sce following pagel; for specific in{onnation about the n~ture of your ddault.) If yo II h~ve trieu tinct are lUIabJe to resolve tl1is problem with the lender, you hllve the riKht to llpply fur fmllncilll assistance from the Ho~wncr'sF.m.crgency Mortgage Assiswnce Program. To do so, you lUust fill OUl, siglllll1d file.1 complctec1 Homeowner'sEmcrgency Assislll.nce Program Application with one of the designatecl consumer credit counseling agel'll::i..-sli8ted at the end of this Notice. Orlly consumer credit couuSt:ling agendes hl'1.e applications for the progra11l111111 they will assist you in submitting a complete a.pplication to tht: Pennsylvania Hom:.ing Filllllll.::t: Agency YOUI application MUST be tiled Of polltmlU'ked wilhin thirty (30) dUYN ofYOUf face-lo.face meeting, YOU MUST FILE YOUR APPLICATION PROMlrrLY.IFYOti fo'AIL TO DO SO OR IF VOIr DO NOT .FOLLOW TIlE OTHER TIME PERIODS SET FORTH IN mlS LET'l'l';R, FOREC1.uSl11tE MAY PROCEED AGAINSTVOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE ASSISTANl'E WILL BF: DENIED. AGEN(:Y ACTION - Available funds for emergency mortgage ll.~..jl'ilrance are very Iimiled. TIley will be disblUscd by the A~ency undel Ibe e1igihility criteria e.<ltablished by the Act. The Pennsylvania Housing Finance Agcnc.)' h.as sixty thO) days to make a decision after it leceives your application. During thul time. no foreclosure proceeding.~ will be pUl"Stled agaiusL YOll if you have met the time requirements set forth above. You will he notifieu directly by the Penns)llvllJlia 1 lousing Finance Agency of its decision on YO\lt application. NOTE: IF YOU ARE CURRENTLY PlZOTECTED BV THE FILING OF A PETITION IN BANKl\UYfCY. 'HIE FOLLOWINC PART OF THIS NOTICE IS FOR 1~'.FORMAl'ION PURPOSES ONLY AND SHOUl.n !IiIOT BE CONSIDERED ASAN A'M'EMPT TO COU.J<:CT THE DRH.... (Tfyon have filed bankrllph:Y YOIl ca. stillllPpl}' for E1De~ney Morlgage AssistDDCC.) HOW TOCllRE YOUR MORTC.AGF. nEFAULTffirlDIl It aD to date). NATI:RF. 0.,' THE DEFAULT --The MORTGAGE debt held by the ahovelender on yonr property located at !28B Salem Chu~h Rd Mechantcst:lW"g. PA 17055 IS SERIOUSLY IN nEJ'AULT because: YOll ItA VB NOT MADE MORTGAGE PAYMENTS fo!" the fol!<:\wing munths. and 1he following amoWlb are now pWlt due: R~lar p.~ts of S577 t~ tOday's d.te; CtMr chi;l.""9h: 28 for t~ ~ths of 11/28/~ Accrued Lat. ChIlrgn: Aocruud Ot....r ChaI"QU' . . . . 1731.78 200.22 97.00 2029.00 TOTAL AI<<IUNT PAST ctJE: HOW TO CURt: TilE DEFAIJLT -YoUJIUlY cure the ddWlltwidlin THIRTY (30) DAYS ofthe date ofthis notice BY I'AYINC THF. TOTAL AMOUNT PAST nUE TO TIn: LENDER, WI1ICH JS $20'19.00, PLUS ANY MORTGAGE PA YMENTS At\T11 LATE CHARGES WH1CIlllECOME DUE DURING TilE THIRTY (30) DAY PERIOD. Pavmellb: mnst be made either bv cash cashier'sclw~k. cel1jfied check ormonev order made nllvahfe and ~ M& T M(lrf&:age- CorptlntloD One .Founwa Plaza 17th Floor Attn: Paymlmt Prtu:ess:lng Ruffalo, NY 14283 Yo,," UlT'l cure llll.V other defaultbv tilinll' ,he followim> action within THIRTY (3D) DA YS ofthe date ofthis letter- IF VOU DO NO." CURE THt: DEFAlJI,Y..lfyou do nut cure the defld.ult within THIRTY (30) DAYS of the date of tbis Notice. the lender Intends to enrclse its rigbu to a~cclcnlte tht' mOTlI(_ge debt. TIlis mellns that the entire out.~tanding balWlce of this debt will be comidert:d due immcdialely and yon lTlay lose Lhc chance to pu)' tMe mortg.ngc in monthly ID:K:illlments. If fun payment ofthe total amoun1 past due is not made wirhin Tl1lRTY (30) DAYS. the lemlcr also inlenw> to instruct its attorneys to start legal action to foreclose upon your DlonyagHl properly. 1 aoo 724 1633 Cotrespondsnce . P.O. Boll 840. Buffalo, NY 14240-0840 P.Jymenb;. po. Boll 62182. BaltiTTlOlU, MO 212M 2182 Murlgsge .JGcoun/ informl'lt/oll.jusI8 click :!W3j1_ IWIW.mrmdtrnortgage.com 0 ~. , "'"""""" ... " , '" , /, n< I , . . . I ~ I i I 1 . I i " i ~ , ~ ~ ~ ~ 3:e~;;! ~ ~ ~ i. ~ oc" g ! .' ..."'''' ..,. . . "=lo . ~2 ! . . ..< " e..:, __~ t ...' ~ ~ ...;:~ "'. 0 i t ""0 '" ~ t ~ i "::::1'<. !II '" ~Q!:L.~ ... , . C> ... I "d"= ~ ..;1 0 .... ~ !ll f .., c: C> ::! '" .. '" ." I GO iii I ... ., ... I - . I o ~ ~ 1 0 ~ (5 ~ 0 :-cJ ..r:: 1: P= e t g "-< ~.:-~ (') (j .-:> -l) ("- .. f'. ~ L." GOLDBECK McCAFFERTY & McKEEVER By: MICHAEL T. McKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW YS. MICHAEL J. HAYDON . CHERIE HAYDON 6285 Salem Church Road aIkIa 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 06-1977 Defendant(s} PRAECIPE TO REINSTATE COMPLAINT AND TO ADD A NEW PARTY DEFENDANT PURSUANT TO PA,R,C.P. 401(8)(2) Kindly reinstate the Complaint in Mortgage Foreclosure in the above captioned matter and pursuant to Pa.R.C.P. 401(b)(2) add the following entity as a new party defendant: United States of America, by virtue of a Federal Tax Lien: c/o U.S. Attorney's Office Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Respectfully submitted, ~~~~ GOLDBECK, McCAFFERTY & McKEEVER By: Michael T. McKeever, Esquire Attorney for Plaintiff g ~ "'Ol1J mn; Z-l".:' wS:: ~{::< >,- Z'''.I.." ~,(-:) ;DoC ~ ,..., -= = ..... :x > -< I CD -0 ::It ca ~ ~~ ~6 ~33 z~ Q. i ..... .. ... In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. MICHAEL J. HAYDON (Mortgagor(s) and Record Owner(s)) 6285 Salem Church Road aJk/a 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 No. 06-1977 Defendant(s) THE UNITED STATES OF AMERICA PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MICHAEL J. HAYDON by default for want of an Answer and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE STIPULATION DATED 5/8/06. Assess damages as follows: $49,737.39 Debt Interest - 10/28/2005 to 05/16/2006 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NOW , ~ ' Judgment is entered in favor ofM&T MORTGAGE CORPORATION S F RMERS TRUST 0 ANY and against MICHAEL J. HAYDON by default for want of an Answer and THE UNITED SATES OF AMERICA IN ACCORDANCE WITH THE STIPULATION DATED 5/8/06 ",d damages assessed ;n lhe sum of $49,737.39 as per the above certifiC{ha~ Prothon___.._ 7 ... ". GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW MICHAEL J. HAYDON (Mortgagor(s) and Record owner(s)) 6285 Salem Church Road alk/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-1977 THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, and against MICHAEL J, HAYDON MICHAEL J. HAYDON by default for want of an Answer and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE STIPULATION DATED 5/8/06, in the sum of $49,737.39. I hereby certify that the above names are correct and that precise residence address ofthe judgment creditor is M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last known addressees) of the Defendant(s) is/are MICHAEL J. HAYDON, 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17050; C FERTY & McKEEVER oldbeck, Jr. intiff .. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $44,780.53 Interest from 10/28/2005 through 05/16/2006 $1,605.99 Attorney's Fee at 5.0000% of principal balance $2,239.03 Late Charges $202.01 Costs of Suit and Title Search $900.00 Escrow Balance Deficit ESCROW $91.31 - ($81.48) $49,737.39 AFFERTY & McKEEVER . Goldbeck, Jr. laintiff AND NOW, this / ~-t1....day of f'Y/.:;J.1 ,2006 damages are assessed as above. ~~~ '- ~ MT-1013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE A'ITEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU Wll..L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF TillS NonCE: April 28, 2006 TO: MICHAEL J. HAYDON 6285 Salem Church Road alk/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 In the Court of Common Pleas of Cumberland County Plaintiff CML ACTION - LAW vs. MICHAEL J. HAYDON (Mortgagor(s) and Record Owner(s)) 6285 Salem Church Road aIkIa 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 Action of Mortgage Foreclosure Term No. 06-1977 Defendant(s} TO: MICHAEL J. HAYDON 628~ Salem Church Road a/kIa 628~ Haydon Court Unit D-6 Mechanicsburg. PA 170SS IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAll..ED'TO ENTER A WRI'ITEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH TIlE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM TIlE DATE OF TInS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER. IMPORTANT RIGHTS. YOU SHOULD TAKE TInS PAPER. TO YOUR LAWYER. AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORm BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU wrrn INFORMATION ABour AGENCIES mAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. I LEGAL SERVICES INC 8 Irvine Row Carlisle. P A 17013 717-243-9400 CUMBERLAND COUNl'Y BAR ASSOCIATION 2 Uberty Avenue Carlisle. PA 17013 Jowpb.ft qo~ct Jr GOLDBECK MeCAFFERTY &: McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff . Suite 5000 - 701 Marl<:et Street. Philadelphia, PA 19106 215-825-6318 .. VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL J. HAYDON, is about unknown years of age, that Defendant's last known residence is 6285 Haydon Court Unit D-6, Mechanicsburg, PA 17050, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: (\I~\~ ~ ~ ~ (C) ~ ...a 1l t ~ D - C) ~ ""- "-> -cJ "" ~ ~ 0 "= ~ ~; = ~ ~ C'" :x -f "" I::' )::'" I" lI' ~ ~ -< n,.= p -om - :I?? ~ Uj S;c) ..," -r, -.(.. > (~) :!} ~ ::r: ::c~.() 1.,::-::1 Om ,-- \..0 -..j .'":;"' ?i5 .co::.._ ~ N N -< '.' Co 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 FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff No. 06-1977 vs. MICHAEL J. HAYDON (Mortgagors and Record Owner(s)) 6285 Salem Church Road aJk/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 Defendant(s) THE UNITED STATES OF AMERICA THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE By: If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 ~'~f' ... GOLDBECK McCAFFERTY & McKEEVER By: MICHAEL T. McKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF Cumber1andCOUNTY Plaintiff CIVIL ACTION - LAW vs. MICHAEL J. HAYDON CHERIE HAYDON 6285 Salem Church Road a/kla 6285 Haydon Court Unit D-6 Mechanicsburg, PAl 7055 ACTION OF MORTGAGE FORECLOSURE Term No. 06-1977 Defendant(s) STIPULATION It is hereby stipulated and agreed by and between M&T MORTGAGE CORPORA nON S/B/M FARMERS TRUST COMPANY, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiff's Complaint is owned by the defendant(s), MICHAEL J. HAYDON And CHERIE HAYDON. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), MICHAEL J. HAYDON And CHERIE HAYDON. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. 9 2410 et seq, 4. The United States of America hereby accepts service ofthe complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). ~ . ,", ~ ~ 5. The United States of America has 1 tax ben(s) against the property which is/are subject to the action of mortgage foreclosure, 2003-334, totaling $18,337.02, both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time ..~ to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiff's Complaint. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 7. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, P A 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number ofthe taxpayer, 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 241 0 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: May 3, 2006 By: ~./ --'- ~ ~~~~~~e Attorney for Plaintiff THOMAS A. MARINO United States Attorney Dated: $I \)~ BY: ~~()..(}~w~ Melissa Swauger Assistant U.S. Attorney Attorney for United States of America "1" ;,.~. ,--6 i) 1 .7': [(J -,.- r::: ~_? J~ :;.~~ -:_:7 o ~ :;1 ... "'"", ~ ,....", = = Cl'" ~ :r! m:Il r- ::om ,PC? ::1c) ,-'r ; ') ::d ..,?CJ (3m -);! ~ -c:: ::it ;po. -< \0 > :x l-R N N ... ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW MICHAEL J. HAYDON Mortgagor(s) and Record Owner(s) 6285 Salem Church Road alk/a 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 ACTION OF MORTGAGE FORECLOSURE No, 06-1977 Defendant(s) THE UNITED STATES OF AMERICA PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/28/2005 to 05/16/2006 at 6.5150% $49,737.39 (Costs to be added) ge ~ ~ ~ u ~ -8 ";;;'~ u liril ~ 'i' tIS lO = e ~ ~:t lO ~ g; ~ ~ ~ liril ! ~ N r-.l ~ ~~ "21,0 <: 0... =2o~'9~ =~ r--~ ~~ ~ Obll r--o . - !3 ~~ u ~o <Ii ...... '0 'i ... .I:l > ~ ! ~ 8 .~ l:lII: Q,)1Or-. ~~ E-<~O "'~ ] ~ = ~~ o(/:l i::'y y ~~ ~ ~~ ~ ; 0 ~ 'g ~ u u ~ ~ ~ 6-= ~ (/:l lO ~ 0 00 ~ ~ E-< ~ . N ~ fr: N ~ ~ ~~ {J -i b .J..l-" :!C ...) b..(: Illd:: .... o:~: ... ..... ... 6'~ ... - }... 0"\ ::d~ ::)Ci oct 8 () QJO_ >- r-=, f I L1 -J~ cr; u:: - :lC <) () ~ ...0 <) ~ ~ .,....,: I => VI 'b.t ~ = '9 "{". C"-..l () . &... Vi -9 ~ 0"" () - f'r) ......... ~ ""V9- !i3 ...= ~~ ~g 1,0 YlI;j 0 :I]l)~N ~ 8.~ :( ~ .~-8 _ ~ --;' 1:.e Q,) cO r-- .! ~ ... N ....=a~1O r~ .s ~ ,.e..r. ...,......~o~ f.l~O]N ~ I r--... ~ ~ )8 ~ .,,~ = Q,) ~'s (/:l rift; ~ ' ~ ~ V) _ ~ ~~ -f- .~ '3 1 '--F eX) -...J ~ All that certain unit, designated as unit No. D-6 in the Haydon Court Condominium, situated in the Township of Hampden, County of Cumberland, Pennsylvania, which condominium has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seq., as designated in the Declaration of Haydon Court Condominium dated June 18, 1991, and recorded in July 24, 1991 in the Office of the Recorder of Deeds in and for the Cumberland County, Pennsylvania, in miscellaneous Book 401, page 460, as the same shall be amended from time to time, and the Plats and Plans for Haydon Court Condominium dated August 15, 1991, revised November 8, 1990, December 7, 1990, April 5" 1991 and May 24, 1991 and recorded on June 24, 1991 in Plan Book 62, page 132 in the aforesaid office. Together with all right, title and interest appurtenant to Unit No. D-6, being undivided 10.562581769 percentage interest in and to the Common Elements as set forth in the above Declaration, as the same shall be amended from time to time; and together with the right to use and enjoy the limited Common Elements, as designated in the above Declaration, as the same shall be amended from time to time. MUNICIPALITY: HAMPDEN TOWNSHIP TAX PARCEL #: 10-19-1606-035 PROPERTY ADDRESS: 6285 SALEM CHURCH ROAD A/KJA 6285 HAYDON COURT, UNIT D-6, MECHANICS BURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1977 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 FARMERS TRUST COMPANY, Plaintiff (s) From MICHAEL J. HAYDON (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) Ifproperty 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 $49,737.39 L.L. $.50 Interest FROM 10/28/05 TO 5/16/06 AT 6.5150% Arty's Comm % Arty Paid $118.80 Plaintiff Paid Date: MAY 19, 2006 Due Prothy $1.00 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQillRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SillTE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No. 16132 - l I I I GCJ!IIdbeck McCafferty & McKeever , BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW MICHAEL J, HAYDON (Mortgagor(s) and Record Owner(s)) 6285 Salem Church Road aJk/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No, 06-1977 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6285 Salem Church Road alk/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 l.Name and address ofOwner(s) or Reputed Owner(s): MICHAEL J. HAYDON 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17050 2. Name and address ofDefendant(s) in the judgment: MICHAEL J. HAYDON 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 .-" PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ... COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept280946 Harrisburg, PA 17128 COMMONWEALTH OF PA. Unemployment Compensation Fund 16th Floor L & I Building Harrisburg, P A 17121 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAU OF COMPLIANCE P,O. BOX 281230 HARRISBURG, PA 17128-1230 4. Name and address of the last recorded holder of every mortgage of record: NORWEST FINANCIAL AMERICA, INC. Lemoyne Square Lemoyne, P A 17043 FINANCIAL TRUST COMPANY One W. High Street Carlisle, P A 17013 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street PO BOX 15057 Harrisburg, P A 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 6285 Salem Church Road Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 16. 2006 r-.:l = = 0' o -n .-f :r:." m- I -om :00 ,-') 1- ~j9 ';S:1j ";7(') Om ::;! :0 -< ::r.: > -< \..0 :'t"" :l: V? N N . '" 06-1977 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERSTRUSTCO~ANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION - LAW VS, MICHAEL J. HAYDON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 6285 Salem Church Road aIkIa 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 THE UNITED STATES OF AMERICA Term No. 06-1977 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HAYDON, MICHAEL 1. MICHAEL J. HAYDON 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17050 Your house at 6285 Salem Church Road a/k/a 6285 Haydon Court, Unit D-6, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, September Q6, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$49,737.39 obtained by M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 .. 06-1977 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 :::) " ~ <::::::t <::::::t <::>" :x :l> -< o ." ~ rl1:rJ r- -om 37 --.,0 ."1:- i) :i:j ;2:0 om --j ?U -< U) :bo :J:: ".J:? N N '" ) 06-1977 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERSTRUSTCO~ANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. MICHAEL J. HAYDON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 6285 Salem Church Road aIkIa 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 THE UNITED STATES OF AMERICA Term No. 06-1977 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Kim Stevens Suite 217 , Federal Bldg. 228 Walnut Street Harrisburg, P A 17108-1754 Your house at 6285 Salem Church Road a!k/a 6285 Haydon Court, Unit D-6, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $49,737.39 obtained by M&T MORTGAGE CORPORATION SIB/M FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION SIB/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 ~ I 06-1977 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale willgo through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff 0017-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 () ~? ,:]"2(;:; , i) ~ ' . r--:l <::::) <::::) (;::J",", o "T1 :e rn:O -0 F;; :I19 ':...J ' i:!~ :::,~ -T1 ~,,;C) Om -I ?Ci -< ::E :c:... -< \..0 ::;... -- - 'f? N N SHERIFF'S RETURN - REGULAR CASE NO: 2006-01977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS HAYDON MICHAEL J 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 HAYDON MICHAEL J the DEFENDANT , at 1955:00 HOURS, on the 7th day of April , 2006 at 6285 HAYDON COURT UNIT D-6 MECHANICSBURG, PA 17055 by handing to MICHAEL J HAYDON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. 18.00 8.80 .00 10.00 .00 36.80 5/''1/0 (p () Sworn and Subscribed ~before me this i1 ~ day of Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r'~~ R. Thomas Kline 04/10/2006 GOLDBECK MCCAFFERTY MCKEEVER By: &,7&', v Deputy Sheriff A.D, Prothonotary . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-825-6312 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. MICHAEL J. HAYDON (Mortgagor(s) and Record owner(s)) 6285 Salem Church Road alk/a 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 IN THE COURT OF COMMON PLEAS of Cumberland County No. 06-1977 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: only. Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs !fJ'f~m JOSEPH A. GOLDBECK, JR., ESQUIRE ~ ~ .-\ -- ~ 't Vl 0 -- ~':) C> ...-".. ~ ~ ~J - ~ ~ ." ~':' )..) --- -1 "t~ ...c. C/ .--- , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. MICHAEL J. HAYDON (Mortgagor(s) and Record owner(s)) 6285 Salem Church Road a/k1a 6285 Haydon Court Unit D-6 Mechanicsburg, P A 17055 No. 06-1977 ~., / f?'t~-- PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: o. Kindly mark the above case Settled, Discontinued and Ended upon payment Of yo r.co only. JOSEPH A. GOLDBECK, JR., ESQUIRE ~".. ''I . , i. . ~_' /"C_~ """'.-.! M&T Mortgage Corporation slb/m Farmers Trust Company VS Michael J. Haydon In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1977 Civil Term R Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 141.69 15.00 15.00 15.00 17.60 19.31 192.40 233,00 $ 700.50 '1/ f'.II-D(,. ~ So Answers: ~f2/:~ .~ R~ f~lO~as Kline, Shen1f.-e::c:- By06d f Svv:.d=h Real Estate SJrgeant '" I.st> UcS(~.1 f~ ~. If;; ~ 72.- . ,j Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff ., M&T MORTGAGE CORPORATION SIB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW MICHAEL J. HAYDON (Mortgagor(s) and Record Owner(s)) 6285 Salem Church Road a/k/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-1977 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6285 Salem Church Road aIkIa 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 l.Name and address ofOwner(s) or Reputed Owner(s): MICHAEL 1. HAYDON 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: MICHAEL J. HAYDON 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17050 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, P A 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 .. Harrisburg, PA 17105-2675 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept280946 Harrisburg, PA 17128 COMMONWEALTH OF PA. Unemployment Compensation Fund 16th Floor L & I Building Harrisburg, PA 17121 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 4. Name and address of the last recorded holder of every mortgage of record: NORWEST FINANCIAL AMERICA, INC. Lemoyne Square Lemoyne, P A 17043 FINANCIAL TRUST COMPANY One W. High Street Carlisle, P A 17013 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street PO BOX 15057 Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in orrecord lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 6285 Salem Church Road Mechanicsburg, P A 17055 (attach separate sheet ifmore space is needed) I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 16, 2006 . 06-1977 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. MICHAEL J. HAYDON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 6285 Salem Church Road alk/a 6285 Haydon Court Unit D-6 Mechanicsburg, PA 17055 THE UNITED STATES OF AMERICA Term No. 06-1977 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Kim Stevens Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, P A 17108-1754 Your house at 6285 Salem Church Road a/kIa 6285 Haydon Court, Unit D-6, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $49,737.39 obtained by M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 06-1977 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 7 17.240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 All that certain unit, designated as unit No. D-6 in the Haydon Court Condominium, situated in the Township of Hampden, County of Cumberland, Pennsylvania, which condominium has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C,S.A. Section 3101, et seq., as designated in the Declaration of Haydon Court Condominium dated June 18,1991, and recorded in July 24, 1991 in the Office of the Recorder of Deeds in and for the Cumberland County, Pennsylvania, in miscellaneous Book 401, page 460, as the same shall be amended from time to time, and the Plats and Plans for Haydon Court Condominium dated August 15, 1991, revised November 8, 1990, December 7, 1990, April 5" 1991 and May 24, 1991 and recorded on June 24, 1991 in Plan Book 62, page 132 in the aforesaid office. Together with all right, title and interest appurtenant to Unit No. D-6, being undivided 10.562581769 percentage interest in and to the Common Elements as set forth in the above Declaration, as the same shall be amended from time to time; and together with the right to use and enjoy the limited Common Elements, as designated in the above Declaration, as the same shall be amended from time to time. MUNICIPALITY: HAMPDEN TOWNSHIP TAX PARCEL #: 10-19-1606-035 PROPERTY ADDRESS: 6285 SALEM CHURCH ROAD NK/A 6285 HAYDON COURT, UNIT D-6, MECHANICSBURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1977 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 FARMERS TRUST COMPANY, Plaintiff (s) From MICHAEL J. HAYDON (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) Ifproperty 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 $49,737.39 L.L. $.50 Interest FROM 10/28/05 TO 5/16/06 AT 6.5150% Atty's Comm % Atty Paid $118.80 Plaintiff Paid Due Prothy $1.00 Other Costs Date: MAY 19, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 67 On June 2, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Twp, Cumberland County, P A Known and numbered as 6285 Salem Church Rd. alk/a 6285 Haydon Court, Unit D-6, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 2, 2006 BZJO~Svi=t~ Real Est~ Sergeant ~ ~ ~ ~ (0 :01 'V (l A VN qnnZ 1'\1., i lu :'1 ~ " ,,_.:.!,.'," .:l:mrms ]111'.:/0 ':iji~;;/(Y PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz //4 4/ I ~ ~tf ( ~co~ 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. SWORN TO AND ~SCRIBED before me Ibis ~i' day of /-'.1 rCJ~~ ~-A~)A. ,J!nrn../ .......,"_...~,..c".".,...N. O~1"V'.....,.....,,",..,..,," . ",. . .... """.,. ,,-.'",;,..-.'-..... .. .~~J"'" " .. .i ;',,:;,,~':~i";'~'!:"':,.:., .~::;:~;,:..L ;~ f., II ~-' ~I REAL ESTATE SALE NO. 67 Writ No. 2006-1977 Civil M&T Mortgage Corporation s/b/m Fanners Trust Company vs. Michael J. Haydon Atty.: Joseph A. Goldbeck. Jr. All that certain unit. designated as unit No. D-6 in the Haydon Court Condominium. situated in the Town- ship of Hampden, County of Cum- berland. Pennsylvania, which con- dominium has heretofore been submitted to the provisions of the Pennsylvania Uniform Condo- minium Act. 68 Pa. C.S,A. Section 3101. et seq., as designated in the Declaration of Haydon Court Con- dominium dated June 18.1991, and recorded in July 24, 1991 in the Office of the Recorder of Deeds in and for the Cumberland County. Pennsylvania, in miscellaneous Book 401, page 460, as the same shall be amended from time to time. and the Plats and Plans for Haydon Court Condominium dated August 15. 1991. revised November B. 1990. December 7. 1990. April 5. 1991 and May 24. 1991 and recorded on June 24.1991 in Plan Book 62. page 132 in the aforesaid office. Together with all right, title and interest appurtenant to Unit No. D- 6, being undivided 10.562581769 percentage interest in and to the Common Elements as set forth in the above Declaration, as the same shall be amended from time to time; and together with the right to use and enjoy the I1mited Common Ele- ments, as designated in the above Declaration. as the same shall be amended from time to time. MUNICIPALITY: Hampden Town- ship. TAXPARCEL#: 10-19-1606-035. PROPERTY ADDRESS: 6285 Salem Church Road a/k/a 6285 Haydon Court. Unit D-6. Mechan- icsburg, PA 17055. " "-. 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 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE#67 Sworn to and subscri CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 .. ~11 ,,"- ',i"f'.' --.,