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Home My WebLink About06-3305 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, P A 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. JOHN G. KELL Mortgagor and Real Owner 315 McAllister Church Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE TermCi..-]JQS C;l.>l'l CIVIL ACTICi~: MOfilTQAGE I~ NOT ICE FOfIt!CLOfJUAE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Defendant LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTlCIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR tSTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQuI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUlR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 170 I3 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 170 I3 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call the following munber: 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-1042. Para informacion en espanol puede communicarse con Loretta al215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY, PO Box 840, Buffalo, NY 14240-0840. 2. The name and address of the Defendant is JOHN G. KELL, 315 McAllister Church Road, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On May 29, 1992 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1070, Page 126. The Mortgage and assignrnent(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 29,2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 12/29/2005 through 06/30/2006 at 6.5150% Per Diem interest rate at $6.46 Reasonable Attorney's Fee Late Charges from 01/29/2006 to 06/30/2006 Monthly late charge amount at $37.45 Costs of suit and Title Search Escrow $36,196.49 $1,188.63 $2,000.00 $224.70 $900.00 -$358.09 $40,151.73 7. Plaintiff is not seeking a judgment of personal liability (or and "in personam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $40,151.73, together with interest at the rate of $6.46, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: ~ aMi/Jb~ B K McC RTY & McKEEVER By: Jos A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Io-?;"-{)k /;1 A~c/ ______ I ,__"> .."- Diana M. Robinson M&T MORTGAGE CORPORA nON c&fti6it J1- . EXHIBIT A q 7 :r 76.5C _: '-6."'" Lendtr: _TIUII~ --.- -- c.IIIII.'''' nU1' 0............... -.... ..... 1tA EldM Ala..... to .. III' .... ......... ...... . ,.. 01 Matl DIed II' Trull or ......... ...... .., II, 1.. ... ....... ... cannecIIofI" ..... 01 otbIr ~ llll- - _ bIlWNn F.-. TruIf CaalpMJ'" JDIIn G. hi. All THAT CERTAIN tract of land situate in the Township of West Pennsboro. Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stone in the middle of 8 public road; thence along the middle of said public road, North 5 degrees East, 16 parches to a stone; thence by lands now or formerly of Lewis Brymesser and Themas Derr. North 89 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 3/4 degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H. Weaver'g hairs end Thomas Gleim, South 73 1/4 degrees West 73.7 perches to e stone, the place of Beginning. Containing 7 acres and 88 perches. more or leS9. Heving thereon erected a two story frame and brick dwelling house known 8S and numbered 315 McCallister Church Road, stable and other improvements. BEING the 68me premises which Nelson L. Maus, Jr. and Ruth M. Maus, husband and wife, by their deed dated February 14, 1953. and recorded in the Office of the Recorder of Deeds in and for Cumber],and County in Deed Book "F," Volume 15, page 199, granted and conveyed unto Arthur E. Werd and Rose M. Ward, husband and wife. The said Arthur E. Ward died on the 10th day of September ,1978, whereupon fee simple t1tle vested in the said Rose M. Wa~y survivorship. 1HI BtBT A 18 EXEQJTID 011I MAY 21. ,... ~y- ,1-, =!i!M-~ J..~ ~ ~1:'~i,O~ P~ilns.,.IYanil } ss : .-;ir.r':,\JfCull1~rlsnd H-,"::')',:'.,1d in the office for tM NCOIdinO of Deeds "., !!t"d tOl~be<'.nd County~.. ,.. 'B k '" , \-'''10_ :n, 00 01. _... ,..;_~"\""~~. \\. v.'ltn smYhanda. nd..?Ji loforfloe .':. ~- a9J..i ~'I. CArli"l:Jb, PA t~ t II .....:.-., '/ ,~', 0:' . ,." '. .._._. ,.':"'~.: .....'i;..}<,"'t: ~~ ~ :;~~~~:t~~:.::",~': .()~""'.".~vt .,' ~Jj'./: iiiiQiHIiO PA.E 13?- ~.w~.......\};".ft ~ ,..-~C ........ ",'",... .. LA&iEFl ~O(1m)Vw". "JIM JtIlI!CFllallk... SIl'YllltGrGup, ft. AlIrlaht.,..~IlIPA.OtO~LL.lQ.LHJ r --- ~lii6it (]3 M&T Mortgage Corp. P,O. Bo.1288 Buffalo, NY 14240-1288 ". MIIl'r.tlrtfpge Cotpulo4Ul. ~,,-,1Il"'_ 0411012()06 Certified No.: 71826389306008006210 lohnG Kell 315 Mcallister Churc.h Rd Carlisle, PA 17013 tItICICIIIWIRS NMIE(S): lIOhn q ICall PROPERTY' ADDIESS: 315 Meal 1 t.t.,. ct'W.Irct'l Ref <:er1 t51e. PA 1701t I.DAH ,,;r:r NO: 00087178&8 CURREMt' LDDlR/SERVICXR: Mt.T Mort..... (;OrpOratton HOMEOWNER'll EMERG>;NClI "ORTGAGE ASSIST A"~CE PROGRAM 'VOl) MAY BE ELIGIBLF.. FOR "NANClA'. ASSISTANCE WHICH C.AN SA.VE YOUR "OMit FROM FORJ".oCI'o';URR AND JmJ.P vOU MAKE nlTlIN.E MORTGAGE PAYMENTS If YOU COMPt.Y 'WI'I'II 'flU: PROVISIONS OF THE HOMEOWNI.R'S EMER.GENCY MORT(;AG.t; ASSISTANCE ACT OF 1983 (1'HIl "ACr"). YOU MAli DE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOVR DEFAULT HAS BEEN CAtJSF,U BY CIRCUMSTANCES O}:YONU YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECf OF Ht:ING ABLE 1"0 PAY YOUR MORTGAGE PAYMINTS. AND u' YOU MEET OTHER EUCIBILlTY REQUIREMENTS ESTABLISHED BY l1fK Pl:NNSVLVANfA HOUSING FINANCE AGENCV. TEMPI_A.IIY grAY OF FOaRCI..o!;'URR _ tJnderthe AC'I, you are entitled toll tempQruysray UrrUf'CeJOtlUte un your mnngage for thirty (30) days from the dolO of Ibis Noti4.-c, Owing that time you must arranie and attend a "face-fO-fae''lrn:I.1inK wi1h one of the cnnflUmcr credit counleling ag~neies li~ allhc end oftbill Notice, J:I!JJi MKIo:TlNG MUST OCCUR WITHIN THE NEXT em DA VS III YOU DO NOT APPLY FOR EMRllGENCY MORTOAOF.. ASSI!i:T ANCR VOlI MllST BRING YOUR UOI.TOA.GF.l.J'P 1'0 OA'TF., TIm "'ART Of THIS No'nCE CAT T Rn"HOW TO r.IJR~ YOIm MORTGACiE nI1PAULT" EXPLAINS HOW TO BRrNG YOUR MORTGAGB UP '1'0 UATE. CON!ii1.IIMRR CREDI'I' nlUNSgUNG ....CDlCllt~ - f(you meet with Me nfthe c:onsumer credit counseling agency listed at the end oflbilt notic:c, the lender may NOT take action against you for thirty (30) de.~ afW" the da1t. or this meeting. The naml!l4 addres&M and _ll!lnhone Illlmher.. nf dc...imull'n oon!OIJml!!r credit l~olln~ling AO~~ for the cmmlvin which me nrBltl:lriv ~!Illoc.tr.d uelUlt fnrth . the I!I".Id oflhi!l Nntice.1I i. uolyneccssarym schedule one f'aco.to-!v.cc meeting. Advise your lmder immediately of your inll:nlions. 16007204 1633 em.~ p.o. Bo. 8CD, BuIfaJo. NY 14240-O84<l Peymenta. P.O Sox 62182. 8I5\~, Me 212$4-21&2 Mortgege KCOunt /(Ifotrn.uon.}UBt a click ;tNy. WWW.lI.I8r1dlmOft9age.oom IF THI MORTGAGE IS row "'CLOSED UPON - The mortgaged property will be sold by the Shcriffto payoff the mmsage debt. lEthe lender rerm your CllSe to its altomeys, but you CW'C the delinquflncy before the lender begins legaal proccedinas against you, you will !Itill be required to ply the rea5OOl1blc aUOrm:Y'M fCCll thllt were actually ir1CUlTCd. up lo $50.00. However, if lepI prococdings are lIIlIrted ag.1mst you. you will bave to pay all TCUanable attorney's fees lCtU&Uy in\:um:d by the lender evm iftbey cxccW $50.00. Anyl'lttome)"sfces will be added 10 lh1: lI!Il.ount ynu owe the lender, whi~ mllY alltO include otherreasonablc cosls.ltytt. cure: the default wtt.h. the TIURlY (30) DA V pertod, )'00 wUI Dot be required to pa.y .ttorney's fees. OTHV-R I.ENDER RI:MRIUES - The lender mll)' allAl IiUC you personally for the wlpaid principal balance and all other ~lll11S due under the moJ1.>>;.~e. RI(~IIl' TO CURR THE DEFJ..U1.T PH.IOR TO ~RI1lF'~ SAI.I: - ]fyou havt not:cuced the: default within the THIRTY (30) l>A Y period and foreclosure proceedings have begun, you lOtill have the right to cure the default and prevent the sale KI. any rime up to Me hour before the ShcriffJilSale. You may do so by paying the totall'lmount lhen plL'lt due, plus any late or other clwTgcs then due, reasonable o.ltl)mcy'SteeR and eos.ts.<<mn~ wi\h the foreclosun: sale and any other COStS CODflected with the SheritrsSale as lipecified in writing by the ltnderand by performing any other requiremcntlll under the mortgage. Curiog your default 18 tlte manner set furth in this noliee wD1 ftlltore your mortgaRc tu lhe lime po.ltlOD ..If)'ou had never defaulted. teARI lEST POSSIBLE SHIi:RfIl'F"S SAI.E HATE -- It is e5Umalccllhat the earliest date that suche. Sbl;r\ff"KSale of the mortga~ property could be held would hi: .pproS'tmately 10 month, from the dlte oftbIJ Notice. ^ notice of the actual date of the Shcriff"sSalt will be sent to you before the sale. Ofcoune, the amount needed to cure tin: default will ir\crase Ule 1on&w yuu walt. You may fmd out at 8[ly lime exactly what the required pByment or action will be by contacting the lender. HOW TO r:ONTACTTRJ: I,ENDER. Name of I ~...lbr: M&T MoJ"tgap CorporaUoa ~P.O.Bo.R4iI Buffalo, NY J4240 Ph()1l1! Number" (ftM) 714-1633 I!:FFECT OF SHERIFF'S SALE - You should rcali1.e that a Sheriff'sSale will cnd your ownership oftht: mortgaged property and your right to occupy it If you conlinuli!: to live in the property after the SheritrsSale. il lawsuil to remove you and your fundshing!l and orher belbngiogs wuld be Jrtarted by the Il!flder at IIfIY lime. ASSUMPTION OF MORTGAGE - You _', mayor ..& may Bot sell or tnmltfcr your home to a buyer or tnm5fcree who will assume the mortgage ddrt, provided that all the Olltstandinj payments, cha~ llUd attorney's IUs and costs llTC paid prior to or at the SIl.It: and that the other requirementR nfthe mortsase are satillflcd. YOU MAV .lIRnHAVIo''I'UE RJCHT: TO SELL TIfF, \'ROPER.iY TO OBTAIN MONEY TO PAYOFF TIIH MORTGAGE DEBT OR 'ID BORROW MONEY FROM ANOTllI!RLENDlNG lNSTITtJTION TO PAYOFF THIS nEUT ' TO HAVE nus DEFAlll:rCUREDBY M'Y THIRDPARlY ACTING ON YOUR BEHALF. IUlLAYE mEMORmAG~ RESTORED TO TIm SAME POSITION AS IPNO DEFAVLTHAD OCCURR?'''. IF YOO CURE THE I>FHULT. (HOWEVER, You DO NOT HAVE THIS RlOHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CAT.ENDAR YEAR.) TO ASSE.RT lliE NONEXJSTENCE OF A ORFAULT IN ANY FORECI,uSURE PROCEEDINCi OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTC1An!j. DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY JlA YE TO SUCH ACTION BY TIlE LENnER TO SHBK PROTECTION UNDER THE FEDERAl. HANKRUPTCV l.AW. Sincerely. ~_ ~C}.. RusseI1M.AleuiJr. ColIL'Ctionll Manager Ene: Act 91 NOliee ConSWlJI.:r Dedil Counseling AKcncies Serving Your County , MO ./24 1833 eorr.~ - P.O. Bcoc.&40. Bulfako.NV 142.~ Ptrymenta. P.O. 6ad21&2. BaltlITlO(e, MD 21254-21&2 Morlgsgt eceount inb-mation.jufll. c8ck .....y. _.m.ndtrnortglllJ8.com p----. APPLICATION FOR MORTGAGE ASSISTANCE - Your Dlatpge is in default for the reasons set f~ later in this Notice (see following paget: for spt:(.;fic information about the natun: oIyour dcfauh.) tfyou have tried IIDd are unable to resolve tIl;1I problem widllhe lender, you have the righlla apply for financial assilil:!lncc from the llomeowncr's Emqency Mortgage Assistance Prugnun. To do so, you must fill nut, sign lUld flIe Q oompletfld IfUUlcowner'sBmergency AlIlIi~tancc Program Application with nne oftbe designated CDn5umer cred1t courull.:ling agencies Ii$ted at the cncl of this Notice. Only consumer credit counseling agencies have llI'PliclIuons for the prognun and they win assist you in llUhmitting a complete application to me Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to.-face meeting. yot: MUS')' JiII.E VOUR APPLICATION PROMP'I'LY. IF VOU FAIL TO DO SO OR IF YOU 00 NOT FOlLOW THE OTHER TIME PEIUOJ>S SET FORm IN THIS LETn;H, FORECLOSURE MAY PROCEED AGAL""'lSl' YOlIR HOME IMMEDIATELY ANn YOUR APPLICA nON FOR MOKTGAGE ASSISTAf\iCE WILL BE DEMEO. AGto:Nr:V ACTION _ AVDilable funds fur emergency mortgllse assistance are very limited. They wiD be disbursed by the Agency under the eligibility eriteri. ~tllblisbed by the Act The pmnRylvania HOUlWll!, Finance Ageccy has sixty (60) days to make II. w..-cision after it reoeives your application. Owing lbat time, no tOMclosure proceedings will be pursul:d agajnst you if you have met lhe time requirements set forth above. Yon will he notified directly by lhe Pennsylvania Housing Finanee Agcrll..oy orits decision OD your application. NOTE: IF YOU ARE CURREN'lL Y PROTECTED BY THE FILING OF A P,KI1TION IN BANKRUYICY, 'I'HF. FOLLOWINC PART OF THIS NOTICIi: IS FOR INFORMATION PURPOSKS ONI.Y AND SHOULD NOT BE CONSlDt:Rto:D AS AN AtTEMPT TO COLLECT THto: DRBT. (If you haw flied baallruptcy you can stiU .pply for Emergency Mortgage Assistanee.) HOW TO CURE VOIlR MORTGAGE DEt"AUl.T tBriop It un to dati!) !\lATURK OFT"]!: D10'AIJI.T -The MOR.TGAGE debt held by the above lender onyourprope'l1ylot:ate<l3-t~ 31& 1Ca'1t.hr Q'l.lroh Rd Carlisle, PA 17013 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MORTGAGE PAYMP.NTS for the fulluwill& months and the following Rtn(lUntll an: now past due: 1Wgu1ar pa~ts of $748.15 for t.. IIDI'lttw of 01/21/ZOOIS thrGUgl'l today'. dat.: Other char....; AccruMt Lat. a.rges: AccnMICI atlwr- Ctlarga: TOTAL MDJNf PAST DUE; s . . . 2248.85 315." ..10 21121.24 HOW TO CURRo THII: DEFAULT -You may cure the dchult within rnlRTY (30) DAYS of the date ofthis notice BY PAYING TJfR TOTAL AMOUNT PAST DUE TO mE LENDER. WIIJelI IS $2621.24, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES Wlllell UECQMF. mJE DURING THE THIRTY (30) DAY PERIOD. Pavrnanls must be made either hv cuh C8lhicr'lIchcck cmtirted dlec;k Dr money order made Dsvahle and S!!1.!2; M&T Mortpp Corpondon One Fountain Plaza 17th Floor AU.: Payment Processint: 80"_10, NY 142U3 You CllIl t'UR! anv ntherdefanlt bv uhnR the follnwinp ltttinnwithin THlRTY nO) DAYS of the dab! ofthi51~ IF YOU DO SOT C':IJRETHII: DEFAULT lfyou donor cure d1edcfault wilhin THIRTY (30) DAYS oftbe date ofthiR NM'ice, the leader iDtead.. to eIereiJe lu rights to a~ltratt tbe mori._ae debt. 'I''hill meanl that the entire OUtstancliDg balance afthis debt will be considered due immediately and you mlty lwe the chance to pay the mortgage in monthly inlltllJ1mcntli:. If full payment of the tota1 amount past due is not made wtthin TH1RTY (30) DA'VS. the lender also intends to illltnJet its attorneys ttl ~tart legal action to fundose upon your mortgaCfd property . 1 800 724 1633 ~ - P.O. SOll: 840, Buffalo, NY 1424~B4D PBymerll.s - P.O. Box 62182, S8klmor6, MD 21264-2182 AIortgogo 8COOf.IfX inIormIIIiM,jullla click away. www,rnandlmartllage,eom r- ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an oflIll:lal antler: thai: the mortll'aft on your belli. is io def.alt. aDd the l_lta.lnRa" to forr.clnse Soc!dlk Information about the nalure orb delaBIt II nrovldetlln the .H_h..... n...el The HOMEOWNU'S MORTGAG..: ASSISTANCE "OCRAM IHEMAP\ In.,, be ..bit!: lo MID ta UVi! ynur home.. This N.dre unlaial bow the Dl'OI!'ram works. To tee if H~MAP "a. helD. YOU malt ME.f.T WITH A CONSUMKR C.RRDIT COUNSRI.1NC AGENCY WITHIN JI nAYS OF THE DATF..OJ'TRIS NOTU'K. Take thk NodI!!! rilt VB. who. Y8umeetwlth the COn_HUng A.~ 'ne name.. address and. ....... DlI1IIber otC_BlUmer Cn:d.it Cou......U...a l.._i'l_, &ervinp your COIlDtv are IIIk!d at the ~ ofrbk NotItR. "YOU have II.V aul!d1onL YOU may aU tIN PenmvlvlI.aia JL.cI..IfI.all('e Mencv toll free.t ...aeo..]42-2197IPenODI with Imnalred. h_rilHl 1:.. nil nl'7) 7ID-UI69L This Notice co.biln.lmportant 1ep1.form.doll. II you have any qtN!lltloos., repn:seDtativel at tbe CODIIUlfter eRdit Counseling ApDIfY may be able tn help uplaiD it. You may alia ".Ilt to contact an attorney iD your area, The load bIIr association may be ablt.: to he)p you rmd a hlwyer. LA NOTrFICACION EJ'li ADJUN'I'O ....s DE SUMA IMPORTANQA, rUES AFECI'A SlJ DERECHO A CON1'1NIIAR VIVlENDO EN SU CASA. 51 NO COMPRENU'K HI. CONTEI\'lDO DE ESTA NOnnCACION OBTENGA UNA 'fRAnllCCION INMEDITAMENTE lLAMANDO t:STA AGENClA (PENNSVI.V ANIA HOUSING nNANCE AGENCY) SIN CARC'.oS AL SUMERO MKNCIOSADO ARRIBA. PUEDD SER ELEGWLE rARA UN PRESTAMO POR EL PROGRAMA LLAMADO "IIOMEOWNEII.'S O:MERGENCY MORTGACE ASSISTANCE PROGRAM" EL CVAL PUF.DF. SAL V AR SV CASA DE LA PERDWA DEL DEll.F.CHO A REDIMIR SU HIPOTECA. 1 800 7241833 Co~ - P.O. Bax 840. Buffalo, NY 1424Q.01MO Paymenls. P.O. 60llt 82182, Baltimore, MD '1?64-2182 M'orfgage lIOCOUfJf inbmatfon,JlJat /I GIIGk llway. WWW_mIIl'ldImclrtgage.com Homeowner s Emergency Assistance Program Cumberland County _H_ 14 .~. 13lh Stm::C tUorri!ibwa.PA 17J04 7JU13.0l$O .u-c.-v ~"""'A...o-tt.r 40 I!lIighi'iotreo<\ CnttyfohU1'l.I'_.o\l13:U 717J.14.ISIl' CCCl...w..... p", 2OOOLi~wnR(Hlll HarriIbura,PA17102 U8.511.2'-7.'1 c-II7 .--.c-..a.r-. ...c.,6II....... IS14l'1enyStrm I1arr1sbura.PA 17104 717.232.9751 ~J.c, 2]20 Harth ~!h SIrm HIm~I''''\1\IO 117.n2.2207 -- 4JPhillldc1phiaAVlI1lI.ll' WaynClboro.PA17168 717.762.1285 PID" 211 NurthFronlSIrCeC HIIIri~PAJ7110 117.711O.3!l4O 110O..342,2.397 A__... G'l -6Q. (;) AJ (fl 1'4 t i.rt f"-~') 0 (i r";-J C (~.. '.' -n B "'" <-. L- '- ~ ['1 S ~ ~ , I ~ 0 \..0 ~ .." W -- ~, -.0 - ~ c.., U' AJ -' .< -, t ~ In the Court of Common Pleas of Cumberland County . M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, P A 17013 No. 06-3305 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JOHN G. KELL by default for want of an Answer. Assess damages as follows: $40,305.46 Debt Interest - 12/29/2005 to 07118/2006 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delive is to be entered and to his attorney of record, if any, after the default occurred and at filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 party against whom judgment days prior to the date of the Joseph A. beck, Jr. Attorney for P . tiff 1.0. #16132 AND NOW ....~.1 ~ / 9 'f6~~ , udgment is entered in favor ofM&T MORTGAGE CORPORA ON 1M FARMERS TRUST OMPANY and against JOHN G. KELL by default for want of an Answer and damages assessed in the sum of$40,305.46 as per the above certi ation. " MT-I042 . . THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF TIllS NOTICE: July 5, 2006 TO: JOHN G. KELL 315 McAllister Church Road Carlisle, P A 17013 M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 In the Court of Cornmon Pleas of Cumberland County CNIL ACTION - LAW Plaintiff vs. JOHN G. KELL (Mortgagor( s) and Record Owner( s)) 315 McAllister Church Road Carlisle,PA 17013 Action of Mortgage Foreclosure Tenn No. 06-3305 Defendant(s} TO: JOHN G. KELL 315 McAllister Church Road Carlisle, PAl 70 13 IMPORT A.NT NOTTCF. YOU ARE IN DEFAULT BECAUSE YOU HA VB F AlLED TO ENTER A WRITIEN 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 (IO) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H1RING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 hvine Row Carlisle. PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 Jllrep6..~ qolf6,C{. Jr GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, P A 19106 215-825-6318 '. . . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW JOHN G. KELL (Mortgagor(s) and Record owner(s)) 315 McAllister Church Road Carlisle, P A 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-3305 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, and against JOHN G. KELL for failure to file an Answer in the a action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of. ervice of the Complaint, in the sum of$40,305.46. . ence address of the judgment MP ANY PO Box 840 Buffalo, t(s) is/are JOHN G. KELL, 315 I hereby certify that the above names are correct and that the preci e creditor is M&T MORTGAGE CORPORATION S/B/M FARMERS TR ST NY 14240-0840 and that the name(s) and last known addressees) of the D fen McAllister Church Road Carlisle, PA 17013; GOLDBECK Mc BY: Joseph A. Go beck, Jr. Attorney for Plaint " ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $36, I 96.49 Interest from 12/29/2005 through 07/18/2006 $1,304.91 Reasonable Attorney's Fee $2,000.00 Late Charges $262.15 Costs of Suit and Title Search $900.00 Escrow -$358.09 GOLDBECK McC BY: Joseph A. Gol Attorney for Plainti AND NOW, this J q-I-"aay of J~ ,2006 damages are assessed as above. Pro '- VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JOHN G. KELL, is about unknown years of age, that Defendant's last known residence is 315 McAllister Church Road, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, the provisions of the Soldiers' and Sailors Congress of 1940 and its Amendments. Date: -.' ~ C 7=> ~ ~ ~ 7i ...c ~ \I' - \) ~ - ~ ~ -J :) "11 f' P- C ::;:! ~ ~ is .1... ('1'1 \U' ~ - -;'1 - ~ i: ill ~, ~ ~ C) .' .. ,.,.J C" ;~~ - .< . , . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) 315 McAllister Church Road Carlisle, P A 17013 Oefendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-3305 TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount Oue Interest from 12/29/2005 to 07/18/2006 at 6.5150% (Costs to be added) $40,305.46 GOLOBEC cCA BY: Joseph A. Goldb c Attorney for Plaintiff r' \ 'il ~ ~~ i ~ ... i\ ~ ,:; % ~ \>; 1l~ ~ ~e ..\\~~ ~ ~ ~~ "'.(.... Z "''?' \01 a ~,S~~~ ~ o .... ~\ 6~ ~l~~ lli ~\i~ '8~ ~~ ~ e~ l~ ~~~\c:; ~~I.l ~ .~ ~~ oS ~1;..~ "'" \.... ,,'S~ ~ln ~ l~ ~ \-' . o\~'"i ~% S~ _ ~u Ik= ~~ 1 ~'"' '" ~ 8 .... <( .... '" ~ \:i 'S, 1 ~ ~ ~ ~ JI ~ -t '$ . tJ'J (~") "~A ..~ - c,_ - - ~ ~ ..... - ~ - ~a ('4 ~ '::r (T\ -1 ._l '"-d ~ ~ ...) ~ ".-' -J r'A ---J - - - - -- - ~ - - o..-f:J ,_c <::::..J u_ C) (1- I r'., c:;,~ a -...J I \ ~ \ -0 0 () ~ ~ c v, \ ~ <) :r <) ~ :r . LA -- ~ ~ VI N Vi \}o f"( ::r "'" ""- ('t) V) "Et - - All that certain tract ofIand situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or formerly of Lewis Brymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 Y. degrees East, 19.8 perches to a stone; thence by lands now or formerly of John H. Weaver's heirs and Thomas Gleim, South 73 V. degrees West 73.7 perches to a stone, the place of beginning. Containing 7 acres and 88 perches, more or less. Having thereon erected a two story frame and brick dwelling house known as and numbered 315 McCallister Church Road, stable and other improvements. TAX PARCEL NO: 46-07-0475-042 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-3305 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T MORTGAGE CORPORATIAON SIB/M FARMERS TRUST COMPANY Plaintiff (s) From JOHN G. KELL (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; (h) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $40,305.46 1.1. $.50 Interest FROM 12/29/05 TO 7/18/06 AT 6.5150% Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: JULY 19, 2006 Due Prothy $1.00 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQillRE Address: SillTE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PIDLADELPIDA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No. 16132 ,.. ..(uoldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney 1.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 06-3305 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION SIB/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 McAllister Church Road Carlisle, P A 17013 I.Name and address ofOwner(s) or Reputed Owner(s): JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: - ,.. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 McAllister Church Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to alties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK AF BY: Joseph A. Gold Attorney for Plaintiff DATED: Julv 15.2006 .... ., 1'<') ('""":) " ~_J <::;'"-' (, "h ,-1 -., (',1 , r-- U.J C,,) c;; , 06-3305 . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 70 l Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Curnberland County Plaintiff CNIL ACTION - LAW vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 315 McAllister Church Road Carlisle, PA 17013 Term No. 06-3305 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KELL. JOHN G. .JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 Your house at 315 McAllister Church Road, Carlisle, P A 17013 is scheduled to be sold at Sheriff's Sale on Wednesday, December 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $40,305.46 obtained by M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION SIBIM FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. .> > . 06-3305 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days a1Jer the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PAl 70 13 r "^'> C-," l:,;J b~ . '-j ~ ~\ ( "~- ~.:-':' c,:,,' c:-\ SHERIFF'S RETURN - REGULAR - - - CASE NO: 2006-03305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS KELL JOHN G VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELL JOHN G the DEFENDANT , at 1727:00 HOURS, on the 13th day of June , 2006 - - - - at 315 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 by handing to JOH KELL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40;/ 00/00/0000 '7 /,4~(, So <~~ ~ R, Thomas Kline .- - - - r+, Sworn and Subscibed to By: IItL- g / Deputy Sheriff ~ day before me this of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 MT-1042 CF: 06/09/2006 SD: 12/06/2006 $40,305.46 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JOHN G. KELL Mortgagor(s) and Record Owner(s) Term No. 06-3305 315 McAllister Church Road Carlisle, PA 17013 Defendant( s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (JQ Personal Service by the Sheriffs Office/ aeft\l'ettmt a6mt (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached), ( ) Certified mail by Sheriffs Office, ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached), ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on al1lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. f'- IT" ru cO M ..n m Ltl ~l~ Of,,,tdl St'rv , ( f R flF lED MAil RE Lt If, ! .'" ",' \LI!' UIlI). t." dl;'U{d/lc:e <.-overage Provided) ..n Cl Cl f'- Certlfiec\ Fee Ltl Cl Cl Return Receipt Fee Cl (Endorsement Required) Cl Restricted Delivery Fee M (Endorsement Required) cO Cl Total Postage & Feee 1_ ",1 I 0(0(0 000 I.~ O'!~ ~ 'Ill ON UJ i\1~ o~ 8 s,!i: I~-'~ ",f? <'1 :e ~ ~~ ~ ~ <fA t~ <{~ 0 ~ "" ~v~ ~.s> N g <( O'.3J.INO 0 0 :e . ElQ'5~~~~ .l!!al.s!:g~ 11I_ Gl (1)",B"'", EO Gl ~ liP" ~:c iii~ u. =.-'E~_ Olll <(~8l5'5a..o ~ 5l o ~ :ai ffi ~ ~ c: ~ ~~ ~ .E ~ ~ 1S. 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E Q) C> <: :~ '5 ~ '" ~ Iii c. ~ '" E ~ c. ~8 ~5 '5~ "'c. !1;j E" :i~ .~ ~o:: cx:i '" 2l Q) c: '5 Iii ..." !a1 I~i ~al -hi 1-....1 c CD a.. .. c "0 a.. ii lD .. o .JZ .= ..: .! I ~ >- .a ~ Q. E o (,) N '0 ..... ell Cl 1II e:- N 0 0 N ~ 1II ::l is If ....J ....J r: w .... ~ co N M C> E v 0 Z 0 ..... :::c u. I CI) ... 0 a.. ~ .., M&T Mortgage Corporation slb/m Farmers Trust Company VS John G. Kell In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2006-3305 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2006 at 1855 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: John G, Kell, by making known unto John Kell personally, at 315 McAllister Church 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. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2006 at 1001 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 John G, Kelllocated at 315 McAllister Church 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 ofthe pendency of the action to the within named defendant, to wit: John G, Kell, by regular mail to his last known address of 315 McAllister Church Road, Carlisle, P A 17013. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. ~~~ R. Thomas Kline, Sheriff BYV~,~Jll Real Estate ergeant GOLDBECK McCAFFERTY & McKEEVER BY: JosephA. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-825-6320 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 315 McAllister Church Road Carlisle, P A 17013 Term No, 06-3305 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION S/BIM FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 McAllister Church Road Carlisle, PA 17013 l.Name and address ofOwner(s) or Reputed Owner(s): JOHN G. KELL 3 15 McAllister Church Road Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 McAllister Church Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. DATED: November 21,2006 (") ,..", c:> ~ C c.;:::o ~ r:;:r. (8~ :z :r 0 m:D .I?.:--rJ -< Fn ~~[: N :B~ <Xl 0 ~C! ""tJ ::;i.. "i )'."'C. -'--n ';?;:d :x 0(') 7m PC:' N (5 ~ U1 ?E 0 -< .. M&T Mortgage Corporation s/b/m Farmers Trust Company VS John G. Kell In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2006-3305 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2006 at 1855 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: John G, Kell, by making known unto John Kell personally, at 315 McAllister Church 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. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 09,2006 at 1001 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 John G. Kelllocated at 315 McAllister Church 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 defendant, to wit: John G. Kell, by regular mail to his last known address of 315 McAllister Church Road, Carlisle, P A 17013. This letter was mailed under the date of October 05, 2006 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 instruction from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Patriot News Law Journal Share of Bills Postpone Sale 30.00 256.92 15.00 15.00 .50 1.00 8.80 7.54 15,00 20.00 227.00 234.98 15.94 20.00 $867 .68 J\)~ So Answers: '-r? // ~ ~~~~~ ~ R. Thomas Kline, Sheriff 'S " \.i\ I .. .. BY,)v > ,v~ Real Estate S rgeant $) 5D tfJwJ, ,/1f'6 /a-1 e~ IB'19 '?' ~ . / Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST CONWANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CNIL ACTION - LAW JOHN G. KELL (Mortgagor(s) and Record Owner(s)) 315 McAllister Church Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-3305 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 McAllister Church Road Carlisle, P A 17013 l.Name and address ofOwner(s) or Reputed Owner(s): JOHN G. KELL 315 McAllister Church Road Carlisle, P A 17013 2. Name and address of Defendant(s) in the judgment: JOHN G. KELL 315 McAllister Church Road Carlisle, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: ~ , 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has know ledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 McAllister Church Road Carlisle, P A 17013 (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to t nalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK AF BY: Joseph A. Goldbe Attorney for Plaintiff EVER DATED: July 15.2006 Itl :( dOl lor qOOl \1 d ")\ _L ~'~ n ~j ,; ",-; t ~ \, i ~~ j f",'; i;,.j .:UI~3HS JHl .:JO 3JI.:J:1U It 06-3305 , ... , ) GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. JOHN G. KELL Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 315 McAllister Church Road Carlisle, P A 17013 Term No. 06-3305 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMA TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KELL, JOHN G. .JOHN G. KELL 315 McAllister Church Road Carlisle, P A 17013 Your house at 315 McAllister Church Road, Carlisle, P A 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$40,305.46 obtained by M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. .. , l . 06-3305 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days ai}:er the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 .. Itl :E dOl lnr QOOl Vd 'A.JJli':i..::. ,', ,/ i,j~ ,:; ..L:mnHS =iHl ,:JO 3]I.:U:i , . "- r. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 315 McAllister Church Road Carlisle, PA 17013 SOLD as the property of JOHN G. KELL TAX PARCEL #46-07-0475-042 \ '. t" . All that certain tract ofland situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or formerly of Lewis Brymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; thence by lands now or formerly of Wilbur Royer, South 15 % degrees East, 19,8 perches to a stone; thence by lands now or formerly of John H. Weaver's heirs and Thomas Gleim, South 73 Y4 degrees West 73.7 perches to a stone, the place of beginning. Containing 7 acres and 88 perches, more or less. Having thereon erected a two story frame and brick dwelling house known as and numbered 315 McCallister Church Road, stable and other improvements. TAX PARCEL NO: 46-07-0475-042 WRIT OF EXECUTION and/or ATTACHMENT \ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3305 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T MORTGAGE CORPORATIAON S/B/M FARMERS TRUST COMPANY Plaintiff(s) From JOHN G. KELL (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 $40,305.46 L.L. $.50 Interest FROM 12/29/05 TO 7/18/06 AT 6.5150% Atty's Cornm % Atty Paid $114.40 Plaintiff Paid Date: JULY 19, 2006 Due Prothy $1.00 Other Costs fn~~ Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 I~ ,~~ ,~Jiil '-.::.::- .._---:J ',-':::::::-' <:;( dJ .---. ; IIi-I) Real Estate Sale # 23 On August 24, 2006 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township Cumberland County, P A Known and numbered as 315 McAllister Church Road, Carlisle, more fully described on Exhibit "A" filed with . this writ and by this reference incorporated herein. Date: August 24, 2006 By: ,jcoL( 5. S~t~ Real Estate Sergeant , 11 :( dOl lnr qOOZ '.eel) t.,}; ; " 11 i "..i , . \ '1 I. i ('1'; . . \ ' " \) C i \, J..;'~ ~ \..; '. \, '.... I -. !;' ; .:I.:mn H S ~ d 1: d ! ;j .:1 'J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law .Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, REAL ESTATE SALE NO. 23 r- Writ No. 2006-3305 Civil M & T Mortgage Corporation s/b/m Farmers Trust Company vs. John G. Kell Atty.: Joseph A. Goldbeck, Jr. All that certain tract of land situ- ate in the Township of West Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a stone in the middle of a public road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or for- . - ditor SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 N A SEAL LOIS E. SNYDER, Notary Public CarHsle 8oro, Cumberland County My Commission Expires March 5, 2009 , " ~ .. 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 Slllce; 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 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #23 Sworn to and "~ REAL ESTATE SALE #23 Writ No. 2006-3305 Civil Term M & T Mortgage Corporation 51 81M Farmers Trust Company Vs. John G. Kel/ Ally: Joseph A. Goldbeck. Jr. DESCRIPTION ALL 1HAT CERTAIN lrac~ land situate in the Township of West Pe TO, Cumberland County, PennsylVania, ore particul I ~ and deScri~ as 11 ows: ar y I ~ at a stone m the middle of a public : road; thence along the middle of said public road, North 5 degrees East, 16 perches to a stone; thence by lands now or fOnnerIy of Lewis Btymesser and Thomas Derr, North 69 degrees East 68.1 perches to a stone; theuce by lands now or fonnerly of Wtlbur Royer, South 15 3/4 ~-J(';).C!t 10 R_ n@J"r~to a <tone: thence by CUMBERLAND COUNTY SHERlFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ KML LAW GROUP, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JOHN G. KELL (Mortgagor(s) and Record owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. By: IN THE COURT OF COMMON PLEAS of Cumberland County -;7 : --+ CO MM Z: _;." ;Z.;-, y °_.. `5 AW GROUP, P.C. Mi ael McKeever Pa. ID 56129 Li Lee Pa. ID 78020 TKristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 4'! • 5D p 0 A`r'r'/ ?-11<7r 3oa9 p0j?( /s 6 No. 06-3305 KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 M&T MORTGAGE CORPORATION SB/M FARMERS TRUST COMPANY PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. JOHN G. KELL (Mortgagor(s) and Record owner(s)) 315 McAllister Church Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c No. 06-3305 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP, P.C. F/K/A GOLDIAECK McCAFFERTY & McKEEVER By: ichael McKkever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 'Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 _Andrew Gornall Pa. ID 92382 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff ..` r.,a KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street r° Philadelphia, PA 19106 e 311, (215) 627-1322 _. Attorney for Plaintiff _.t M&T MORTGAGE CORPORATION S/B/M FARMERS TRUST COMPANY Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOHN G. KELL (Mortgagor(s) and Record Owner(s)) Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-3305 CERTIFICATE OF SERVICE Jessica Doebley, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on JOHN G. KELL 315 McAllister Church Road Carlisle, PA 17013 KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFERTY & McKEEVER By: essica Doebley, Lega Assis jdoebley@kmllawgroup.com 215-825-6327 (Direct Phone)