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HomeMy WebLinkAbout01-5448M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST coMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : COURT OF COMMON PLEAS : cuMBERLAND CTY, PENNSYLVANIA : ._ : : : .~qq~ : NO.: OI -~ : : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 judgraent may be entered against you by the court without further notice for any money claimed in the petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. IF YOU DO NOT YOU SHOULD TAKE THIS pAPER TO YOUR LAWYER AT ONCE. SET HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 NOTICIA USTED LE HAS SIDO DEMANDADO EN EL TRIBUNAL. Si desea alegar defensa alguna a las reclamaciones expuestas en las paginas siguientes, usted debe ir a la andienca. Advertencia: de no comparecer ante dicho tribunal, su caso sera decidido en su ausencia y, sin por cualquiera mas notificacion, el tribunal puede dictaminar un Decreto contra usted o propiedad u reclamacion o compensacion alegada en lla Petition. Usted puede perder dinero otros derechos importantes a usted. LLEVE ESTOS DOCUMENTOS A SU ABOGADO EN SEGUIDA. SI NO TIENE UN ABOGADO O NO TIENE CON QUE PAGAR TAL SERVICIO, VISTE O LLAME A LA SIGUEINTE DIRECCION. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA No.: : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE ; COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Plaintiff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A., Successor by Merger to FINANCIAL TRUST COMPANY, by and through its attorney, Melanie L. Erb, Esquire, and the law firm of Scrratclli, Schiffman, Brown & Calhoun, P.C., and in support of this Complaint in Mortgage Foreclosure, avers the following: 1. Plaintiff is M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A., Successor by Merger to FINANCIAL TRUST COMPANY, a corporation organized and doing business under the National Banking Act, with offices located at 1100 Wehrle Drive, Second Floor, Williamsville, NY 14221. 2. Defendant RONALD L. MCGUIRE is an adult individual with a last known address of 109 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant VICKIE L. MCGUIRE is an adult individual with a last known address of 109 East South Street, Carlisle, Cumberland County, pennsylvania, 17013. 4. By a Promissory Note dated August 20, 1997, Defendants promised to pay Plaintiff the sum of $44,126.79 with interest thereon. A true and correct copy of the aforesaid Promissory Note is incorporated herein and is attached hereto as "Exhibit A." 5. The interest rate per annum in the Promissory Note was Nine percent (9%). 6. By indenture of Mortgage dated August 20, 1997, recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on August 29, 1997, in Book 1402, Page 178, Defendants executed a Mortgage in favor of Plaintiffin the face amount of Forty-Four Thousand, One Hundred and Twenty Six Dollars and Seventy Eight cents ($44,126.79) on the Defendants' real property located at 109 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013. A tree and correct copy of the aforesaid Mortgage is incorporated herein and attached hereto as "Exhibit B." 7. The Mortgage recited that it secured the Promissory Note attached as "Exhibit A." The Promissory Note and Mortgage recited that if there were any default in payments of either principal and interest, or taxes or other assessments, the principal amount due under the Promissory Note and Mortgage would become due and owing in full at the option of the Mortgagee, together with interest, reasonable attorney's fees, plus all other assessments and accrued costs, with costs of suit and collection. 8. A true and correct copy of the legal description of the tract secured by the Mortgage is contained in the Mortgage at "Exhibit B." 9. Defendants have failed to make payments pursuant to the provisions of the Note and Mortgage on a regular and timely basis, failing to make payments since 10. Plaintiff, on June 15, 2001, by certified mail, gave notice to Defendants of its intention to foreclose the Defendants' Mortgage in the event the note was not brought current thirty (30) days from the mailing date of the notice. The Defendants have failed to make the required payment and the Note remains in default. A true and correct copy of the form of notices mailed by the Plaintiff are attached hereto as Exhibit C." 11. Plaintiff, on June 15, 2001, by certified mail, provided Defendants Notice of Homeowners Emergency Mortgage Assistance Act of 1983. A true and correct copy of the form of notice mailed by Plaintiff is attached hereto as "Exhibit D." 12. The entire principal amount outstanding has been accelerated. The principal amount, accrued interest thereon and late charges are now due and payable by the Defendants. The same due are as follows: 2 Principal: Interest through 09/05/01 Late Charges Attorneys' Fees (10%) SUB-TOTAL Credit Life Insurance Rebate $42,054.47 $ 5,134.59 $ 160.00 $ 4,734.90 $52,083.96 $ 2,223.75 TOTAL $49,860.21 13. Interest continues to date of judgment in the amount of $10.51 per day and at the legal rate thereafter. 14. paragraph entitled "Attorney's Fees; Expenses", page five (5) of the Mortgage, "Exhibit B", states that Lender shall be entitled to collect all expenses incurred including, but not limited to, reasonable attorneys' fees. Reasonable attorneys' fees are $4,734.90. Plaintiff respectfully requests judgment in the sum of $49,782.36 WHEREFORE, together with interest accruing at the rate under the Note of 9 (9%) percent per day, and costs on this action, and demand foreclosure and judicial sale of the interests of the Defendants in the mortgaged premises. Respectfully submitted, sERRATELLI, SCItlFFMAN, BROWN & CALIIOON, P.C. By: ~~/,.r~e~ Melanie L. Erb, h~qm ID No.: 84445 Suite 201, 2080 Linglestown Rd. Harrisburg, PA 17110-9670 (717) 540-9170 Attorneys for Plaintiff Dated: September 17, 2001 VERIFICATION I, Peri Sarac-Flihan, h~reby state that I am a Banking O{fic~ for the Plaintiffher¢in, and that I have reviewed the foregoing document and that the facts stated therein are true and correct to best of my knowl~lge, information and belief; and, that this statement is made subject to the penalties of 15 Pa. C.S. Section 4904 relating to unswom falsification to authorities. M&T BANK Peri Sarac-Flihan Banking Officer ~xh)b~t A PROMISSORY NOTE BOrrower: Ro~lald C. MCGulre Principal Amount: $44,126.79 C~l~e, PA ~o~3 prln~ amounl ~f F~ ~ I~?~ Io Financial Tr~sl Corn ........ 9 ~ ~ Date of · pay any coud cmls i~':~mJ~n~x°n)' a~pea~s and a~ ~".~:.qe~ f.s and ~a~ expense~';~[a~?~ble law, Lender's alt~r~,~ h.~. collect this Comm~-.- ~' the Commonwe~ -. g · Is B laW~ll, I agree u~ .... o~e has b~n ~ellvet~ to L..~:~retest w~l continue to accr e eft In ~cord~ce wl~h the I~ ~n,~ ~ ?h of trine) {his oan, or tel .... a, shaft be re/eased from iabilif/ P~,,ss*y.slate~ m wfi ~, no n=.. ,..~ o~ PaYment, pro est end n~ti.= ~;~:ra:~ ~1 such Parties also an~ ~25,e~y par~ or guarsntor or colt=,.::,.~*' ~ucn Panics agr~ that ~-.o s,gns th,s N01e, whether =.'~'~ AGREE TO THE TERMS OF TH~ NOTE AND ACKNOWLE STOOD ~L TH DGE RECEIPT OF A E PROVISIONS OF THIS NOT I~ AND EACH OF US, THIS NOTE HAS BEEN SIGNED AND SE~ED BY T~ UNDERSIGNEO. COMPLETED COPY OF THE NOTE. BORROWER: EXHIBIT B C RECORDATION REQUESTED WHEN RECORDED MAIL TO: SEND TAX NOTICES TO: SPACE ABOVE THIS ~ !NE iS FOR RECOROER'~ ~JSE ONlY MORTGAGE THIS MORTGAGE IS DATED AUGUST 20, 1997, between Ronald C. McGuire and Vickle Lee McGulre, owner(s) in fee simple, whose edclre~s ia 109 S. East Stzeet, Carliole, PA 17013 (referred to below as "Grantor"); and Financial Trust Company. whose address is One West High Street, Carlisle, PA 17013 (referred to below as "Lender"). in Cumbmtand County, Commonwealth of Pennsyivania (the "Real Property"): The Real Property or its address is commonly known as ' · ' ~ ' C · - [ MORTGAGE Page 2 (Continued) · ' ( MORTGAGE Page 3 (Continued) MORTGAGE ~a;= 4 (Cort~inued) ( MORTGAGE Page 5 · (Continued) MORTGAGE (Continued) (. Page 6 x CERTIFICATE OF RESIDENCE INDIVIDUAL ACKNOWLEDGMENT STATE OF ) VIA CERTIFIED MAIl, NOTICE OF INTENT TO FORECLOSE MORTGAGE Vickie L. McGuire 109 East South St. Carlisle, PA 17013 Date: June 14, 2001 The MORTGAGE held by M&T Bank, (hereinafter we, us or ours) on your property located at 109 East South Street, Carlisle, PA 17013, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $447.56. The total amount now ~'bquired to cure this defanlt,,or in other words, get caught up in your payments, as of the date of this letter, is $44,155.04. You may cure this default within THIRTY(30) DA YS of the date of this letter, by paying to us the above amount of $44,155.04 plus any additional monthlypayments and late charge which may fall due during this period2 Such payment must be made either by cash, cashier's check, certified check or money order, and made at M & T Bm~k, 1100 Wehrle Drive, Second Floor, Williamsville, NY 14221. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit toforecloseyour mortgagedproperty will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they being legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00.. However, if legal proceedings are started against you, you will have to pay the reasonable attorne,,'s fee ..... :~,~ ~ ~v~n umey are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty (30) dav period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately August 14, 2001. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 895-9304. This payment must be in cash, cashier's check, certified check or money order made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your righVto remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL ORTRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRASFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you Cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this, right to cure your default more than three times in any calendar year. ~ 'e L. Erb, ~'squir~- ' Attorney for M & T Bank VIA CERTIFIED MAIL NOTICE OF INTENT TO FORECLOSE MORTG,46'E Ronald C. McGuire 109 East South St. Carlisle, PA 17013 Date: June 14, 2001 The MORTGAGE held by M&T Bank, (hereinafter we, us or ours) on your property located at 109 East South Street, Carlisle, PA 17013, IS iN SERIOUS DEFAULT because you have not made the monthly payments of $447.56. The total amount'now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $44,155.04. You may cure this default within THIRTY(30) DA YS of the date ,~ this letter, by paying to us the above amount of $44,155.04 plus am' additional monthly payments and late charge which may fall due during this period2 Such payment must be made either by cash, cashier's check, certifie6 check or money order, and made at M & T Bank, I 100 Wehrle Drive, Second Floor, Williamsville, NY 14221. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that .whatever is owing on the original amount borrowed will be considered due ~mmediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment &the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit toforecloseyour mortgagedproperty will be soM by the'Sheriff to pay offthe mortgage debt. If we refer your case to our attorneys, but you cure the default before they being legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to'pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. [f you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. ' We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30) day pefiod and foreclosure proceedings have begun, you still have the fight to cure the default and prevent the sale at any time up to one (1) hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements. under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately Augu. st 14, 2001. A notice o£the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 895-9304. This payment must be in cash, cashier's check, certified check or money order made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of thc mortgaged property and yoar fight to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional fights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL ORTRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRASFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this fight to cure your default more than three times in any calendar year. Melanie L. Erb, Esquire Attorney for M & T Bank Exhibit D Date: June 14, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. THE HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Al~ency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you ma_~.~all the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICATION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE. EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowner's Name(s): Ronald C. & Vickie L. McGuire Property Address: Loan Acct No.: Original Lender: Current Lender/Servicer: 109 East South St. Carlisle, PA 17013 204916-20009 Financial Trust Company M & TBank HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOM ~; FROM FORECLOSURE AND HELP YOU MAKE YOUR FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITI~ THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARy STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of the Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TgIF~ NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LIP TO DATE. THE PART OF THIS NOTICI,; CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE LIP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set fbrth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed H ' . omeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TIlE OTHER TIME PERIODS SET FORTH IN TIlIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will bc disbursed by the Agency under the eligibility criteria established by the Act. The Perms¥1vania Housing Finahce Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 109 East South St., Carlisle, PA 17013. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months now past due: $44,155.04 " Other charges: $42,054.47 principal balance; $4,261.96 interest due; $130.00 late charges; minus $2,291.39 insurance rebate TOTAL AMOUNT PAST DUE: $44,155.04 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $44,155.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by ~ash, cashier's check, certified check or money order made payable and sent to: M& T Bank, 1100 Wehrle Drive, Second Floor, Williamsville, NY 14221. IF YOU DO NOT CURE TIlE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's i'ees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 2 months from the date of this NOtice. A notice of the'actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out any any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M & T Bank Address: 1100 Wehrle Drive, Second Floor Williamsville, NY 14221 Phone Number: (716) 630-4924 Fax Number: (716) 630-4914 Contact Person: Alicia Oliver EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF THE MORTGAGE - You __ may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THIS MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PRO'CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES TO SERVE YOUR COUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Rd. Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Capital Region 1514 Dcrry St. Harrisburg, PA 17104 (717) 232-9757 Financial Counseling Services of Franklin 31 West 3ra St. Waynesboro, PA 17268 (717) 762-3285 Loveship, Inc. 2320 North 5' St. Harrisburg, PA 17110 (717) 232-2207 Urban League of Metropolitan Harrisburg 2107 N. 6* St. Harrisburg, PA 17101 (717) 234-5925 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon MCGUIRE RONALD C the law, DEFENDANT , at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD CARLISLE, PA 17013 by handing to VICKIE MCGUIRE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this ~f~ day of t ' Prothonotar~ So Answers: R. Thomas Kline 09/24/2001 SERP~ATELLI By: SCHIFFMAN BROWN/ C~ Deputy Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGUIRE VICKIE L the DEFENDANT , at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD CARLISLE, PA 17013 by handing to VICKIE MCGUIRE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~$~- day of ~ ~l~u~ A.D. , tSrothonot ary So Answers: R. Thomas Kline SERRATELLI S By: Deputy Sheriff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND CTY, PENNSYLVANIA _. : .. .. : NO.: 01-5448 ._ : : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE _. PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendants and in favor of Plaintiff in Mortgage Foreclosure on property located at 109 East South Street, Carlisle, Cumberland County, Pennsylvania, and assess damages as follows: BALANCE OF PRINCIPAL ACCRUED BUT UNPAID INTEREST THROUGH 11/26/00 $ 5,986.19 ATTORNEYS' FEES (5%) $ 2,402.03 Credit Life Insurance Rebate -$ 2,157.12 TOTAL $ 48,285.57 $ 42,054.47 Attached hereto is a copy of the Sheriff's Return and a copy of the 10-Day Default Notice and Certificate of Service which was mailed via certified and regular mail to Defendants on October 16, 2001. Dated: Iqovember 29t 2001 Respectfully Submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC Melanie L. Erb, Esquire I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : COURT OF COMMON PLEAS : CUMBERLAND CTY, PENNSYLVANIA : _. : : : NO.: 01-5448 : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Defendant Ronald C. McGuire DATE OF NOTICE: October 16, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717) 249-3166 NOTICIA IMPORTANTE A~ FECHA DE NOTICIA: Defendant Ronald C. McGuire (Demandado) October 16, 20.01 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TAMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASE. 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 USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA, SI USTED 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 USTED PUEDE OBENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717) 249-3166 Melani~ L. Erb, Esquire I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK., N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Defendant Vickie L. McGuire DATE OF NOTICE: October 16, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717) 249-3166 NOTICIA IMPORTANTE A: FECHA DE NOTICIA: Defendant Vickie L. McGuire (Demandado) October 16, 2001 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TAMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASE. 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 USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA, SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717) 249-3166 I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff SHERIFF' S RETURN C~SE NO: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL - REGULA~ BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGUIRE VICKIE L the DEFENDANT , at 1524:00 HOURS, at 1815 F WILLOW RD CARLISLE, PA 17013 VICKIE MCGUIRE on the 21st day of September, 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of Prothonotary So Answers: R. Thomas Kline 09/24/2001 SCHiFF B OWN SERRATELLI Deputy Sheriff SHERIFF'S RETURIq - C~SE NO: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGUIRE RONALD C the DEFENDANT , at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD CARLISLE, PA 17013 by handing to VICKIE MCGUIRE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this day of Prothonotary So A~nswers: R. Thomas Kline 09/24/200]. SERRATELLI SCHIFFM3LN BROWN & C ~ Deputy Sheriff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : COURT OF COMMON PLEAS : CUMBERLAND CTY, PENNSYLVANIA : .. _. _. : NO.: 01-5448 _. ; : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE : TO Ronald C. McGuire Defendant(s) You are hereby notified that on November ~ 2001, the following Judgment has been entered against you in the above captioned case. Judgment in the amount of $ 48~285.57 plus interest. Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Ronald C. McGuire 1815 F. Willow Road Carlisle~ PA 17013 A Ronald C. McGuire Defendido/a Defendidos/as Pot ests medio se le esta notificando que el __ del November , 2001, el/la siguiente (Ordo0(-Doc~-e~ (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a sgeun indicade en ¢1 certificado de residencia: Ronald C. McGuire 1815 F. Willow Road Carlisle, PA 17013 Abogado del Demandant M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO Viekie L. McGuire Defendant(s) You are hereby notified that on November...~, 2001, the following Judgment has been entered against you in the above captioned case. Judgment in the mount of Date: $ 48~285.57 plus interest. Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Vickie L. McGuire 1815 F. Willow Road Carlisle, PA 17013 A Vickie L. McGuire Defendido/a Defendidos/as Pot ests medio se le esta notificando que el __ del November , 2001, el/la siguiente ~ (Fallo) ha sido enotado en contra suya ~n el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a sgeun indicadc en el certificado de residencia: Vickie L. McGuire 1815 F. Willow Road Carlisle~ PA 17013 Abogado del Demandant M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs Vo RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND CTY, PENNSYLVANIA : NO.: 01-5448 : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION - (Mortgage Foreclosure) TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. Amount Due Interest from Nov. 26, 2001 $ 862.12 TOTAL Dated: Respectfully Submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC Ste~e~ J-Schiff~an, Esquire I.D. No.: 25488 Melanie L. Erb, Esquire I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE Before me, the undersigned personally appeared, Melanie L. Erb, Esquire, who, being duly sworn according to law, deposes and says that he is the attorney of record for the within Plaintiff; that as such he is duly authorized to make this affidavit on its behalf; and that to thc best of his information, knowledge and belief, the within Defendants are not in the military service of the United States of America. Swom and Subscribed Before Me this 22741~ Day Of ~tUa. tU ,2002. '1 Melan~ L. Erb, Esquire llMSyuq" Notarial Seal Lisa Conw_a~ Notary Publlo uehanna Twp., Dauphin County ommission ~-xpims Mar. 24, 2003 M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PA RULE CIV. P. 3129.1 Keystone Financial Bank, Successor by Merger to Northern Central Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located 109 East South Street, Carlisle, Cumberland County, Pennsylvania: 1. Name and address of owner(s) or reputed owner(s): Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T Bank, successor by merger to Keystone Financial Bank, Successor by merger to Financial Trust Co. 1100 Wehrle Drive Williamsville, NY 14221 Name and address of the last recorded holder of every mortgage of record: Financial Trust Company 1100 Wehrle Drive Williamsville, NY 14221 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 Cumberland County Courthouse I 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: Darlene L. Moyer Tax Collector P.O. Box 128 Carlisle, PA 17013 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.A. §4904 relating to unsworn falsification to authorities. Date/' M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA : : NO.: 01-5448 .. : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE _. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff Sale of Real Property (Real Estate) Will Be Held: Date: Jtme 5, 2002 Time: Location: Office of the Sheriff of Cumberland County One Courthouse Square Carlisle, PA 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 building and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 109 East South Street Carlisle Cumberland County Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No.: 01-5448 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is: Ronald C. McGuire Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entitles 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 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. Infoimation 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 Sheriff's 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. 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 retum 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. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: ON the North by land now or formerly of Edward Watkins; on the East by a ten foot alley; on the South by land now or formerly of John Griner; on the West by South East Street. CONTAINING 16 feet in front on South East Street and having a depth of 100 feet, more or less. HAVING erected thereon a two-story brick and frame dwelling known and numbered as t 09 South East Street. SEIZED, taken in execution and to be sold as the property of Ronald L. McGuire and Vickie L. McGuire, 1815 F Willow Road, Carlisle, PA 17013. M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE RETURN OF SERVICE I HEREBY CERTIFY THAT I HAVE DEPOSITED IN THE U.S. MAIL AT HARRISBURG, PENNSYLVANIA, ON APRIL 26, 2002, A TRUE AND CORRECT COPY OF THE NOTICE OF SALE OF REAL ESTATE PURSUANT TO PA. R.C.P. 3129.1 AS FOLLOWS: TO ALL LIENHOLDERS OF RECORD AND PARTIES WITH ANY INTEREST BY REGULAR FIRST CLASS MAIL (CERTIFICATE OF MAILING FORM IN COMPLIANCE WITH U.S. POSTAL FORM 3817 IS ATTACHED HERETO AS EVIDENCE). SERVICE ADDRESSES ARE AS FOLLOWS: M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK, successor by Merger to FINANCIAL TRUST CO. 1100 WEHRLE DRIVE WILLIAMSVILLE, NY 14221 DARLENE L. MOYER CUMBERLAND COUNTY TAX COLLECTOR P.O. BOX 128 CARLISLE, PA 17013 CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Date SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC I~d~ L. Erb, ~squire I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff 2 c~ C M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants U.S. POSTRGE ]71o,6 RPR 26, 02 $030 ( :: CUMBEreD ~ NSYLV~IA NO.: 01-5448 CI~L ACTION - LAW MORTGAGE FO~CLOSU~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING (IN COMPLIANCE WITH POSTAL SERVICE FORM 3817) RECEIVED FROM: SERRATELLI, SCHIFFMAN, BROWN & CALHOON SUITE 201, 2080 LrNGELSTOWN ROAD HARRISBURG, PA 17110 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK, successor by Merger to FINANCIAL TRUST CO. 1100 WEHRLE DRIVE WILLIAMSVILLE, NY 14221 POSTMARK: POSTAGE: ONE PIECE OF ORDINARY MAIL ADDRESSED TO: DARLENE L. MOYER CUMBERLAND COUNTY TAX COLLECTOR P.O. BOX 128 CARLISLE, PA 17013 POSTMARK: POSTAGE: ONE PIECE OF ORDINARY MAIL ADDRESSED TO: CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 POSTMARK: POSTAGE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S S: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M & T Bank is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 21 st day of February, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5448, at the suit ofM & T Bk, s/b/m Keystone Fin Bk against Ronald C McGuire & Vickie L is duly recorded in Sheriff's Deed Book No. 252, Page 3741 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day , A.D. 20~. Recorder of Deeds Cu~b~l!~d Courly, C~IIs~, PA M & T Bank, Successor by merger to Keystone Financial Bank, N.A., Successor by merger to Financial Trust Company VS Ronald C. McGuire and Vickie L. McGuire In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5448 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 5:38 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ronald C. McGuire, by making known unto Vickie McGuire, adult in charge, at 1815 F Willow Road, Carlisle, Cumberland Cotmty, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 5:38 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Vickie L. McGuire, by making known tmto Vickie McGuire, at 1815 F Willow Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 2:40 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofRonald C. McGuire and Vickie L. McGuire located at 109 South East Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Ronald C. McGuire, by regular mail to his last known address of 1815 F Willow Road, Carlisle, PA 17013. This letter was mailed trader the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Vickie L. McGuire, by regular mail to her last known address of 1815 F Willow Road, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Melanie Erb for M & T Bannk. It being the highest bid and best price received for the same, M & T Bank of 1100 Wehrle Drive, 2nd Floor, Williamsville, NY 14221, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $616.22, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 12.08 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 6.90 Certified Mail .84 Levy 15.00 Surcharge 30.00 Law Journal 195.65 Patriot News 174.55 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $616.22 paid by attorney 07/10/02 Sworn and subscribed to before me So Answ. ers>~ This ~o~_~ day of~ ~'"'~ ~,~e..~ , R. Thomas Kline, Sheriff 2002, A.D. ~ Real Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL3,~ANIA) NO 01-5448 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR BY MERGER TO FINANCIAL TRUST COMPANY, Plaintiff(s) From RONALD C. MCGUIRE AND VICKIE L. MCGUIRE, 1815 F WILLOW ROAD, CARLISLE, PA 17013 (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 $48,285.57 Interest FROM 11/26/01 $862.12 Atty's Comm % Atty Paid $122.50 Plaintiff Paid Date: FEBRUARY 21, 2002 REQUESTING PARTY: Name MELANIE L. ERB, ESQUIRE L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division Address: SUITE 201, 2080 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-540-9170 Supreme Court ID No. 25488 M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs Vw RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND CTY, PENNSYLVANIA _, -_ _. : : NO.: 01-5448 : : : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE _- AFFIDAVIT PURSUANT TO PA RULE CIV. P. 3129.1 Keystone Financial Bank, Successor by Merger to Northern Central Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located 109 East South Street, Carlisle, Cumberland County, Pennsylvania: Name and address of owner(s) or reputed owner(s): Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 Name and address of defendant(s) in the judgment: Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T Bank, successor by merger to Keystone Financial Bank, Successor by merger to Financial Trust Co. 1100 Wehrle Drive Williamsville, NY 14221 Name and address of the last recorded holder of every mortgage of record: Financial Trust Company 1100 Wehrle Drive Williamsville, NY 14221 5. Name and address of every other person who has any record lien on the property: None. 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 Cumberland County Courthouse 1 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: Darlene L. Moyer Tax Collector P.O. Box 128 Carlisle, PA 17013 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE Before me, the undersigned personally appeared, Melanie L. Erb, Esquire, who, being duly sworn according to law, deposes and says that he is the attorney of record for the within Plaintiff; that as such he is duly authorized to make this affidavit on its behalf; and that to the best of his information, knowledge and belief, the within Defendants are not in the military service of the United States of America. Sworn and Subscribed Before Me this ~94k' Day Of ~'~bf~t~ ,2002. Notary Public~ Melani~ L. Erb, Esquire J Notar a Seal I Lisa Conway, Notary Public I Susquehar~na Twp., Dauphin County LMy Commfssfon Expires Mar. 24, 2003 M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs VB RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff Sale of Real Property (Real Estate) Will Be Held: Date: June 5, 2002 Time: Location: Office of the Sheriff of Cumberland County One Courthouse Square Carlisle, PA 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 building and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 109 East South Street Carlisle Cumberland County Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No.: 01-5448 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is: Ronald C. McGuire Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entitles 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 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 flied. 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: Court Administrator Courthouse Carlisle, PA (717) 240-6200 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 SheriWs 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. 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. Ifa 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. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: ON the North by land now or formerly of Edward Watkins; on the East by a ten foot alley; on the South by land now or formerly of John Griner; on the West by South East Street. CONTAINING 16 feet in front on South East Street and having a depth of 100 feet, more or less. HAVING erected thereon a two-story brick and frame dwelling known and numbered as 109 South East Street. SEIZED, taken in execution and to be sold as the property ofRonald L. McGuire and Vickie L. McGuire, 1815 F Willow Road, Carlisle, PA 17013. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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-New,~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 'J °'-'c-~, ...... ~- ...... / ' .......... r ......... , I N~RY PUBLIC M~r, Penns~anla ~ial~ ol Notad~y commission expires June 6, 2002 W~ Ne. 2001-SM8 CbllTerm FIn~nclilTnml lion*Id C, M~L~e Vlakle L Mcaulnl D~Cl~130/~lty: Nelanle L shum in the I~ou/h of ,C.~rfisle,~ Cotmty of and ~h~l as foU~s, to EsNo~ by la~l now or form~}, of Edward bY la~d now ~r formerly of,lobe C, finer; on the ~est by ~outh East Sdeet, CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 172.80 $ 1 ~75 $ 174.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and Th nd Patri t-N w , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1754 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, 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: . APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 27 Writ No. 2001 5448 Civ/l M&T Bank, Successor by merger to Keystone Financial Bank, N.A., Successor by merger to Fillallcil~! Trust Comlm.ny VS, Ronald C. McGuire and Vickie L McGulre Atty.: Melanie L Erb ALL THAT CERTAIN piece or par - cel of land situate in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania. bounded and described as follows, to wit: ON the North by land now or for- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MA_~Y 2002~_