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HomeMy WebLinkAbout06-2815KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. WENTZ and KELLY L. WENTZ Defendants NOTICE CIVIL ACTION - LAW / NO. U(o -c)004!S ?lUrl??/L 1 MORTGAGE FORECLOSURE 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 afterthis 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 KEEFER, WOOD, ALLEN & RAHAL Date: May 16, 2006 By: ?a ' 1 V Eugene eplnsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. JAMES A. WENTZ and KELLY L. WENTZ Defendants NOTICIA CIVIL ACTION - LAW NO. MORTGAGE FORECLOSURE Le han demandado a Listed an la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar Una apariencia escrita o an persona o por abogado y archivar en la corte an forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si Listed no se defiende, la corte tomara medidas y puede entrar Una Orden contra Listed sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 KEEFER, WOOD, ALLEN & RAHAL Date: May 16, 2006 By: q--91Q-rc? Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. WENTZ and KELLY L. WENTZ Defendants COMPLAINT CIVIL ACTION - LAW n I NO. (Xc - YL? CIUtL? MORTGAGE FORECLOSURE 1. Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, with an address at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendants James A. Wentz and Kelly L. Wentz, are adult individuals, whose last known address is 290 Old Stonehouse Road, Carlisle, Pennsylvania 17013. 3. Defendants are the owners of a tract(s) or parcel(s) of land with buildings and other improvements thereon located at 290 Old Stonehouse Road, Carlisle, Pennsylvania (the "Premises"). The Premises are more fully described hereinafter. 4. On or about December 22, 1999, Defendants, for good and valuable consideration, executed and delivered a Promissory Note (the "Note") to Plaintiffs predecessor. 5. On or about December 22, 1999, Defendants executed a Mortgage in favor of Plaintiffs predecessor (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Book 1594, page 22. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit A. 6. The failure of the Defendants, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. 7. The Defendants have failed and refused, among otherthings, to make payments due and payable under the Note. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendants, the Plaintiff may accelerate and demand immediate payment of all sums due underthe Mortgage. 9. The sum presently due and payable to Plaintiff by Defendants which is secured by the Mortgage is computed as follows: a. Unpaid Principal $ 27,137.38 b. Accrued Interest through 05/15/06 $ 2,354.37 C. Attorney's Fees $ 2.713.73 TOTAL $ 32,205.48 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was provided. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was provided. WHEREFORE, Plaintiff demands judgment in the sum of $32,205.48, togetherwith interest as may accrue from and after May 16, 2006, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEFER, WOOD, ALLEN & RAHAL Date: May 16, 2006 By: &n?,k ? Eugene F. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff VERIFICATION The undersigned Walter Leader, hereby verifies and states that: He is Banking Offiear of Manufacturers and Traders Trust Company; 2. He Is authorized to make this Verification on behalf of PlaM, 3. The facts set forth in the foregoing Compleint are true and correct to the best of his knowledge, Information and belief; and 4. He is aware that false statements herein are made subject to the penalties of t8 Pa. C.S. Q 4904, relating to unswom falsification to authorities. k--? Walter Leader Date; May„_(ja,_, 2006 MORTGAGE RECOP,HP. CUhiBERLA`ID THIS MORTGAGE dated December 22, 1999, is made and executed between James A. Wentz, whose address is 290 Old Stonehouse Road, Carlisle, PA 17013 and Kelly L. Wentz, whose address is 290 Old Stonehouse Road, Carlisle, PA 17013 (referred to below as "Grantor") and Keystone Financial Bank, N.A., whose address is Camp Hill RBC, 4231 Trindle Road, Camp Hill, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with rasped thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other "I his royalties, and rofts relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the Real „ Properly) located in Cumberland County, Commonwealth of Pennsylvania: Premises situate in the Borough of Carlisle County of Cumberland and Commonwealth of Pennsylvania, more fully described in Cumberland County deed Book 206, Page 1138. The Real Property or its address is commonly known as 290 Old Stonehouse Road, Carlisle, PA 17013. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now existing or hereafter arising,lwhether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, absolute or contingent, liquidated or unliquidated and whether Borrower may be liable individually or jointly with others, whether obligated as guarantor, surety, accomodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Addtionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as, Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $500.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicagle law, any '7 reasonable termination fee as determined by Lender from time to time. e'je iS 4I'??E ,GL CIL l -r Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension o cre4ii , seAvri reemen , purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this MORTGAGE (Continued) Page. Mortgage or any related document. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor anc Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness . In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce arty of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, ail reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable taw, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated posHudgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. ACCOUNT NUMBER. 381301-501-30016. GOVERNING LAW. This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. WAIVE JURY. All pantos to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by arty party against. any other party. Definitions. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: BORROWER. The word "Borrower" means James A. Wentz, and all other persons and entities signing the Note in whatever capacity. EVENT OF DEFAULT. The words "Event of Default" mean any of the Events of Default set forth in this Mortgage in the Events of Default section of this Mortgage. GRANTOR. The word "Grantor" means James A. Wentz and Kelly L. Wentz GUARANTOR. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. GUARANTY. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. INDEBTEDNESS. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantors obligations or expenses incurred by Lender to enforce Grantors obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. In addition, and without [Imitation, the term "indebtedness" includes all amounts Identified in the Cross-Cotlateratization paragraph of this Mortgage. LENDER. The word "Lender" means Keystone Financial Bank, NA., its successors and assigns. MORTGAGE. The word "Mortgage" means this Mortgage between Grantor and Lender. NOTE.. The ward "Note" means the Promissory Note dated December 22, 1999, in the original principal amount of 5235,000.00 and the Promissory Note dated December 22, 1999, in the original principal amount of $30,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the Promissory Note. PERSONAL PROPERTY. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. PROPERTY. The word "Property" means collectively the Real Property and the Personal Property. REAL PROPERTY. The words "Real Property' mean the real property, interests and rights, as further described in this Mortgage. Poex 1594 PACE . 23 MORTGAGE Page 3 (Continued) EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Keystone Financial Bank, N , herein is as follows: Camp Hill RBC, 4231 Trindle Road, Camp Hill, PA 17011 t orney W Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND )SS On this, the aahd day of tle(aM -V -'19 901 , beforems - J66. R It ? the undersigned Notary Public, personally appeared James A. Wentz; Kelly L. Worm, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within Instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. /%L?--- ° NO,ARMSEAL LISA R. BENDER, No y Publife Notary Public in and for the State of East Pennshcro 10., Cumberland County, PA My Commission Expires Septar t r 1, 2003 U4. P.,. a hUTARIAL SEAT LISA R. BENDER. Notarv Prth& ?? v va Xj V nWuDE SB?tlb81' 1P egoK1594 Pall . 24 °O W '64 C t N T (v c a^ -fA ` x? ?-? W KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. JAMES A. WENTZ AND KELLY L. WENTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendants To: The Prothonotary Please reinstate the complaint. Date: June 21, 2006 PRAECIPE CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM CONFESSION OF JUDGMENT KEEFER WOOD ALLEN & RAHAL. LLP. By: ? Eug ne E. Pepinsky, Jr. Attorney I.D. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. JAMES A. WENTZ AND KELLY L. WENTZ Defendants PRAECIPE TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM MORTGAGE FORECLOSURE Please enter judgment in favor of Plaintiff and against Defendant(s) by default in the sum of $32,205.48, with interest and costs of suit, for Defendant's failure to answer or otherwise plead to Plaintiff's Complaint. I hereby certify that written notice was given Defendant(s) in accordance with Pa. R.C.P. 237.1 (copy attached). KEEFER WOOD ALLEN & RAHAL, LLP Date: August 22, 2006 By: Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 11108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM JAMES A. WENTZ AND KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants IMPORTANT NOTICE TO: JAMES A. WENTZ AND KELLY L. WENTZ DATE OF NOTICE: AUGUST 11, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 Date: August 11, 2006 KEEFER WOOD ALLEN & RAHAL, LLP By:? Eug epinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM JAMES A. WENTZ AND KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants NOTICIA IMPORTANTE A: JAMES A. WENTZ AND KELLY L. WENTZ FECHA DE NOTICIA: AUGUST 11, 2006 LISTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y LISTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR' A DONDE LISTED PUEDE OBTENER LA AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: August 11, 2006 By: C-_-z v Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff ACS Y r ?'rJ- fn 1? ? ? 1 ` C-r ?A W V `=i W ..G KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 06-2815 CIVIL TERM JAMES A. WENTZ AND KELLY L. WENTZ MORTGAGE FORECLOSURE Defendants NOTICE To: JAMES A. WENTZ AND KELLY L. WENTZ You are hereby notified that on August" 2006, the following Judgment has been entered against you in the above-captioned case. By default in the sum of $32,205.48, with interest and costs of suit. Date: August _DQ,, 2006 Protl onotaryI hereby certify that the name and address of the person(s) to receive this notice is: James A. Wentz Kelly L. Wentz 290 Old Stonehouse Road 171 Fairview Drive Carlisle, PA 17013 Carlisle, PA 17013 C?% ?? Attorney for Plainti KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. JAMES A. WENTZ AND KELLY L. WENTZ Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVISO A JAMES A. WENTZ AND KELLY L. WENTZ Defendido/a CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM MORTGAGE FORECLOSURE Por este medio Be le esta notificando qua el de August del 2006, BOB siguiente (Orden), (Decreto), (Fallo) he sido anotado an contra suya an el caso mencionado an el epigrafe. By default in the sum of $32,205.48, with interest and costs of suit. FECHA: August , 2006 Protonotario Certifico qua Is siguiente direccion as Is del defendido/a Begun indicada an el certificado de residencia: James A. Wentz Kelly L. Wentz 290 Old Stonehouse Road 171 Fairview Drive Carlisle, PA 17013 Carlisle, PA 17013 4 Abogado del De andante SHERIFF'S RETURN - REGULAR CASE NO: 2006-02815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS WENTZ JAMES A ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TA7T;'NTT7 ,TAME C A the DEFENDANT , at 2000:00 HOURS, on the 5th day of July , 2006 at 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DANIEL WENTZ, SON by handing to 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 Postage Surcharge Sworn and Subscibed to before me this So Answers: 18.00 4.40 .39 10.00 R. Thomas Kline .00 32.79 ? 07/06/2006 KEEFER WOOD ALLEN RAHAL 7•ai-o4 By: day V-fe-puty Sh iff of A. D. Id CASE NO: 2006-02815 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS WENTZ JAMES A ET AL SHANNON SHERTZER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WENTZ KELLY L DEFENDANT Sheriff or Deputy Sheriff of was served upon the at 2000:00 HOURS, on the 5th day of July , 2006 at 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DANIEL WENTZ, SON by handing to 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 6.00 aim Service .00 ? {, ,.?.?•, r-n Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 07/06/2006 ?.d,_,,KEEFER WOOD ALLEN RAHAL Sworn and Subscibed to By: k, W_ before me this day eputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS TRUST COMPANY VS. JAMES A. WENTZ and KELLY L. WENTZ Apts I*uct NO. - - PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTOIN IN THE ABOVE MATTER. (1) Direct to the Sheriff of (2) against CUMBERLAND County, PA; JAMES A. WENTZ and KELLY L. WENTZ (3) and against (4) And index this writ Defendant(s); Garnishee(s); (A) against JAMES A. WENTZ and KELLY L. WENTZ Defendants(s) (B) and against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the garnishee(s). Specifically describe the property per attached property description. 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013 Keefer, Wood, Allen, & Rahal, LLP (5) Amount Due: $ 32,205.48 By: 5"Xau- A?W? I.D. #23702 SiRnature/ID Number Interest From: $ 566.74 08/22/06 Total: $ 32,772.22 Eugene E. Pepinsky, Jr., Esquire Print Name 210 Walnut Street Address P. O. Box 11963 Harrisburg, PA 17108-1963 Date: November 16, 2006 (6/02) CIO b ^ on -- :z trl) r'• 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 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 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. UNDER AND SUBJECT to the Protective Covenants and Restrictions set forth in that. certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 544 at page 1073. BEING the same premises which Realand, Inc., a Pennsylvania corporation, by Deed dated August 31, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 206, at page 1138, granted and conveyed unto James A. Wentz and Kelly L. Wentz. PREMISES BEING 290 Old Stonehouse Road, Carlisle, Pennsylvania 17013. SEIZED AND SOLD in Execution as the property of James A. Wentz and Kelly L. Wentz under Judgment No. 06-2815 Civil Term. BEING DISIGNATED AS TAX PARCEL NO. 21-08-0573-132. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMES A. WENTZ and KELLY L. WENTZ Defendants CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP 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, Cumberland County, Pennsylvania 17013. 1. Name, and address of the Owner(s) or Reputed Owner(s): James A. Wentz 290 Old Stonehouse Road Carlisle, Pennsylvania 17013 Kelly L. Wentz 171 Fairview Drive Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME. 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. PLAINTIFF HEREIN. 0 '6 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN. B. CITIZENS BANK OF PENNSYLVANIA 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Tax Claim Bureau Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Date: November 16, 2006 KEEFER WOOD ALLEN & RAHAL, LLP B 4 <:?1 Y: Eugene E. Pepinsky, Jr. Attorney I . D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 c? r? ? 0=7 -n ; 27 ? MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM JAMES A. WENTZ and KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 7, 2007 TIME: 10:00 a.m. LOCATION: Sheriff's Office Cumberland County Courthouse High and Hanover Streets Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold is: 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 06-2815 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - 1 - The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is (are): JAMES A. WENTZ and KELLY L. WENTZ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that we are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. -2- 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. KEEFER WOOD ALLEN & RAHAL, LLP Dated: November 16, 2006 By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS TRUST COMPANY vs. NO. 2006-SU-1134-Y06 JAMES A. WENTZ and KELLY L. WENTZ PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTOIN IN THE ABOVE MATTER. (l) Direct to the Sheriff of CUMBERLAND County, PA; (2) against JAMES A. WENTZ and KELLY L. WENTZ (3) and against (4) And index this writ Defendant(s); Garnishee(s); (A) against JAMES A. WENTZ and KELLY L. WENTZ Defendants(s) (B) and against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the garnishee(s). Specifically describe the property per attached property description. 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013 Keefer, Wood, Al en, & Rahal, LLP (5) Amount Due: $ 32,205.48 g I.D. #23702 Signature/ID Number Interest From: $ 566.74 08/22/06 Eugene E. Pepinsky, Jr., Esquire Total: $ 32,772.22 Print Name 210 Walnut Street Address P. O. Box 11963 Harrisburg, PA 17108-1963 Date: November 16, 2006 (6/02) 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 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 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. UNDER AND SUBJECT to the Protective Covenants and Restrictions set forth in that. certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 544 at page 1073. BEING the same premises which Realand, Inc., a Pennsylvania corporation, by Deed dated August 31, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 206, at page 1138, granted and conveyed unto James A. Wentz and Kelly L. Wentz. PREMISES BEING 290 Old Stonehouse Road, Carlisle, Pennsylvania 17013. SEIZED AND SOLD in Execution as the property of James A. Wentz and Kelly L. Wentz under Judgment No. 06-2815 Civil Term. BEING DISIGNATED AS TAX PARCEL NO. 21-08-0573-132. d ro J) J -+ • . N S? { C-n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2815 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From JAMES A WENTZ AND KELLY L. WENTZ (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 $32,205.48 Interest FROM 8/22/06 - $566.74 Atty's Comm % Atty Paid $130.79 Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curtis R: Long, ProthWfaiy Deputy REQUESTING PARTY: Name EUGENE E. PEPINSKY, JR., ESQUIRE Address: KEEFER, WOOD, ALLEN, & RAHAL, LLP 210 WALNUT STREET P O BOX 11963 HARRISBURG, PA 17108-1963 Attorney for: PLAINTIFF Telephone: 717-255-8051 Supreme Court ID No. 23702 Manufacturers and Traders Trust Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania James A. Wentz and Kelly L. Wentz Writ No. 2006-2815 Civil Term Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2006 at 2031 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, by making known unto James Wentz, personally and husband of Kelly L. Wentz, 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 copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on January 22, 2007 at 2033 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 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, by regular mail to their last known address of 290 Old Stonehouse Road, Carlisle, PA 17013. These letters were mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Eugene Pepinsky. Sheriff s Costs: Docketing 30.00 Poundage 22.19 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 3.09 Levy 15.00 Surcharge 30.00 Law Journal 479.00 Patriot News 410.12 Postpone Sale 40.00 Share of Bills 16.83 $1,085.63 V q,,. '71"/°7 U2 Sg3?? ;$Aa ?- lam. R. Thomas Kline, Sheriff BUJ 6 dJ' v7utk' Real Estate rgeant l KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET - PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMES A. WENTZ and KELLY L. WENTZ CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM Defendants CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP 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, Cumberland County, Pennsylvania 17013. 1. Name and address of the Owner(s) or Reputed Owner(s): James A. Wentz 290 Old Stonehouse Road Carlisle, Pennsylvania 17013 Kelly L. Wentz 171 Fairview Drive Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME. 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. PLAINTIFF HEREIN. ..r 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN. B. CITIZENS BANK OF PENNSYLVANIA 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Tax Claim Bureau Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. KEEFER WOOD ALLEN & RAHAL, LLP Date: November 16, 2006 " By. Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. CIVIL ACTION - LAW NO. 06-2815 CIVIL TERM JAMES A. WENTZ and KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 7, 2007 TIME: 10:00 a.m. LOCATION: Sheriff's Office Cumberland County Courthouse High and Hanover Streets Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold is: 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 06-2815 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - 1 - The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is (are): JAMES A. WENTZ and KELLY L. WENTZ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that we are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. -2- 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. KEEFER WOOD ALLEN & RAHAL, LLP Dated: November 16, 2006 By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 -3- -IN THE COURT OF COMiVION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS TRUST COMPANY VS. NO. 2006-SU-1134-Y06 JAMES A. WENTZ and KELLY L. WENTZ PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTOIN IN THE ABOVE MATTER. (1) Direct to the Sheriff of (2) against CUMBERLAND County, PA; JAMES A. WENTZ and KELLY L. WENTZ (3) and against (4) And index this writ Defendant(s); Garnishee(s); (A) against JAMES A. WENTZ and KELLY L. WENTZ Defendants(s) (B) and against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the garnishee(s). Specifically describe the property per attached property description. 290 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013 Keefer, Wood, Allen, & Rahal, LLP (5) Amount Due: $ 32,205.48 By: I.D. #23702 Signature/ID Number Interest From: $ 566.74 08/22/06 Total: $ 32,772.22 Eugene E. Pepinsky, Jr., Esquire Print Name 210 Walnut Street Address P. O. Box 11963 Harrisburg, PA 17108-1963 Date: November 16, 2006 (6/02) 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 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 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. UNDER AND SUBJECT to the Protective Covenants and Restrictions set forth in that. certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 544 at page 1073. BEING the same premises which Realand, Inc., a Pennsylvania corporation, by Deed dated August 31, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 206, at page 1138, granted and conveyed unto James A. Wentz and Kelly L. Wentz. PREMISES BEING 290 Old Stonehouse Road, Carlisle, Pennsylvania 17013. SEIZED AND SOLD in Execution as the property of James A. Wentz and Kelly L. Wentz under Judgment No. 06-2815 Civil Term. BEING DISIGNATED AS TAX PARCEL NO. 21-08-0573-132. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2815 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From JAMES A WENTZ AND KELLY L. WENTZ (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 $32,205.48 L.L. $.50 Interest FROM 8/22/06 - $566.74 Atty's Comm % Due Prothy $1.00 Atty Paid $130.79 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) Curtis A. Long, Prothono ary By: Deputy REQUESTING PARTY: Name EUGENE E. PEPINSKY, JR., ESQUIRE Address: KEEFER, WOOD, ALLEN, & RAHAL, LLP 210 WALNUT STREET P O BOX 11963 HARRISBURG, PA 17108-1963 Attorney for: PLAINTIFF Telephone: 717-255-8051 Supreme Court ID No. 23702 Real Estate Sale # 74 On December 5, 2006 the Sheriff levied upon the defendant's interest in the real property situated in 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. Q C;9 C3 Date: December 5, 2006 By: c r &D Real Est e Sergeant , .i 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 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ' ................................... COPY Sworn to and b r e efore me this 26th day of February 2007 A.D. S A L E #74 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, No Public City Of Harris rg, DaG in County My CommissExpyr June 6, 2010 NOTARY CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ALL do cmtlin 6d of had aiteate ?. ? of & thseneie? ? r?.bte .M ,.? ? -- - 004 Wmin at T d tit aid siow be m icon pm; iftm by 14 ?aaed RWNW= Nook 3?7 s Q6 aoooaaa Hw a ttnettty. foYrard?, fST?$3}fee?to a point i1 at of F9,1, 6gm* is AN* Wd 52 dWm 24 to am& Ent a of two, * ad $we" to 4x* is the aad tJfiU?4 l l." [ tD the Pfomcfm comma in thm ?ths U?aa.af the 11 4f fw Qtaeialnd. 5 'ow Sot a< PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. c r isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 P Ot :LSEAL LC , SINYDER, Notary Public C: r1n^c; Cumberland County +, :^ n t } - res fAarch 5, 2099 RLrAL BOTATEr AALLr NO. 74 Writ No. 2006-2815 Civil Manufacturers and Traders Trust Company VS. James A. Wentz and Kelly L. Wentz Atty.: Eugene Pepinsky ALL that certain tract ofland 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 6, 1998, in the Office of the Re- corder of Deeds in and for Cum- berland County, Pennsylvania in Plan Book 77 on Page 128, and be- ing 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 afore- mentioned 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 sub- division North 37 degrees 53 min- utes 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 de- grees 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. UNDER AND SUBJECT to the Protective Covenants and Restric- tions set forth in that certain instru- ment recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 544 at page 1073. BEING the same premises which Realand, Inc., a Pennsylvania cor- poration, by Deed dated August 31, 1999, and recorded in the Office of the Recorder of Deeds of Cumber- land County, Pennsylvania in Deed Book 206, at page 1138, granted and conveyed unto James A. Wentz and Kelly L. Wentz. PREMISES BEING 290 Old Stonehouse Road, Carlisle, Pennsyl- vania 17013. SEIZED AND SOLD in Execution as the property of James A. Wentz and Kelly L. Wentz under Judgment No. 06-2815 Civil Term. BEING DISIGNATED AS TAX PARCEL NO. 21-08-0573-132. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JAMES A. WENTZ AND KELLY L. WENTZ Defendants PRAECIPE TO THE PROTHONOTARY: NO. 06-2815 CIVIL TERM MORTGAGE FORECLOSURE Please mark this judgment "Satisfied" by order of the Plaintiff. KEEFER WOOD ALLEN & RAHAL, LLP Date: October 8, 2008 By. Euge E. nsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff F'a ?. "0Ey??" W C 1 ,-? t_ Y? Cw7 °-