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HomeMy WebLinkAbout06-5188GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF oLp -.swp (2lf???? l M&T MORTGAGE CORPORATION I Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagors and Real Owners 110 E. Countryside Drive Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendants CIVIL ACTFUN: MORTGAGE CL6"LC NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. 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 LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELPEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, $STA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call the following number: 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-1070. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION, 1 Fountain Plaza, Buffalo, NY 14203. 2. The names and addresses of the Defendants are TIMOTHY C. KEANE, 110 E. Countryside Drive, Boiling Springs, PA 17007 and NATALIE P. KEANE, 110 E. Countryside Drive, Boiling Springs, PA 17007, who are the mortgagors and real owners of the mortgaged premises hereinafter described. On August 17, 2001 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1731, Page 2497. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for April 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, 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 03/01/2006 through 09/30/2006 at 6.7500% Per Diem interest rate at $43.71 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 04/01/2006 to 09/30/2006 Monthly late charge amount at $106.92 Costs of suit and Title Search Escrow Corporate Advance Monthly Escrow amount $348.07 $236,367.62 $9,353.94 $11,818.38 $641.52 $900.00 $2,064.07 $100.00 $261,245.53 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have 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. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants 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 Defendants have 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 Defendants 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 $261,245.53, together with interest at the rate of $43.71, 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: a-k Q G K McCAFFERTY & McKEEVER JOS A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Tara Weller, 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 unworn falsification to authorities. Date: O-K-66 / JO-U??- Tara Weller M&T Mortgage Corporation E?Q-hibit,g EXHIBIT A - LEGAL DESCRI1r 110 East Countryside Drive Boiling Springs PA 17007 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point located on the northern right of way line of East Countryside Drive, (50 foot right-of-way), said point beingrefereaced from the centerline intersectionof Jane Lane(50 foot right- of-way) and East Countryside Drive by the following: from said intersection along centerline ofEast Countryside Drive, South 87 degrees 18 minutes 49 seconds East, a distance of 163.00 feet to a point; thence across East Countryside Drive, North 02 degrees 41 minutes it seconds East, a distance of 25.00 feet to a point on the southern right-of-way line of East Countryside Drive at the southeast comer of Lot# 38 and the Point of Beginning; thence along the East side of Lot No. 38, North 02 degrees 41 minutes 11 seconds East, a distance of 121.05 feet to a point; thence along the South side of Lot No. 33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 feet to a point; thence along the West side of Lot No. 40, South 02 degrees 41 minutes 11 seconds West, a distance of 121.05 feet to a point on the northern right-of-way of East Countryside Drive; thence along said right-of-way, North 87 degrees 18 minutes 49 seconds West, a distance of 134.00 feet to the Point of BEGINNING. BEING Lot No. 39 of the Plan of Lots known as Misty Meadows, Phase 1 as recorded on the Office of Recorder of Deeds for Cumberland County, in Plan Book 77, Page 95; containing 16,220.05 square feet. SUBJECT to building and use restrictions set forth in Miscellaneous Book 606, Page 1009 BEING the samepremiscs which Misty Meadows Partnership, A Pennsylvania General Partnership, by Deed Dated December 20, 1999 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 213, Page 584, granted and conveyed unto Lonetree, Inc. AND BEING the same premises which Lonetree, Inc. by deed dated and recordedeven date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Timothy C. Keane and Natalie P. Keane, husband and wife, Mortgagors herein. I Certify this to be recorded In Cumberland County PA - ,, 3 `.'r of i?crds Ex,ohibit B .. .. M&T Mortgage Corp. - P.O. Box 1188 ®Ma$Ca'(IO['>DQ Buffalo, NY 14240-1288 06/12/2006 Natalie P Keane 110 E Countryside or Boiling Springs, PA 17007 M MWMERS NAME(S): Netall• P steers Tism,thy c Ketone PROPERTY A00RESS: 110 Cast CatRatrYaid DO Soiling SPwirtpa, PA 17007 MAN ACCT N0: 0072900809 CURRENT LOUR/gERWCCR: Mar NPrtplBa OWWMt/an Certified No.: 71826389306008362149 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAy BE • 1 ® £ FOA FINAN At A4aIRT Nrr WHI H AN SA{ YO m HOA'F FROM FOR£ iR AND .PYO 1 M Y£ FIITrm MQ 1?C' -AGE FAYMEya;T?y IF YOU COMPLY WITH 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 otc Act,! on your mortgage far thirty (30) days from the date of ails Notice. "feco-t fm"mmmig with one of the consumer =edit cotuoelina CONSUMER CREpPT CO tNa: LING AGENCIES agency listed et the end ofthia mtiEm, the ]alder may NOT untitled m a temporarystey of Suec6nure that time you must arrange and attend a as listed a the and of this Notice. 33M of the coneuner ciedit counseling ou for thirty (30) days aliar the data one 1 600 724 1633 Cona8P3Wd ne - P.O. Sm 640. Bt4t810. W 14240-0840 Payments - P.O. Bun 62182, BYanora, 720 21264-2162 AI=6P0a secount hWn4UOnJW a dick away www.mwgn criampa.cmn ? y M Mortgage Corp. ®m, P.O. Box 1236 Buffalo,NY 14240-1288 06/122006 Timothy C Keane 110 E Comtrygide Dr Boiling Springs, PA 17007 HOMEOWNERS MME(S): Time" 0 Knne Matalle P Karon, PROPERTY ADDRESS: 110 Seat CantrySldO DM Selling Springs, PA 17001 LOIN ACCT NO: 0008 OM2 CuRREMT LENDER/SERVICER: MIT RertgRBR COrperlatim Certified No.: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CL1. ARSIRTAN E WIlI B N AVE YO R ROME FROM YO Y E I I IAN, . 11 1. 1! FORPLI ARIIRR AND NR:LP VOII MAIeF FrITI1RF MORTC?CF. P?VMENTg IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'j YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT RAS 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 AQ you e2 entitled to a Mnpomy ANY of fnrecloNAnt m your mortgage for thirty (30) days from the data of this Notice. During to time you must arrange end attend a "Faco-to-fae"meeting with one of the consumer aedit eolmael'mR amcies listed a the and of this Notice. THIS me of the corDUnar credit cottoseling Mt You for thirty (30) days after the date one 1 900 126 1633 Con 4PmW -P.O. Rat 840, Ru11W, NY 11240.0340 Payman4 - P.O. Bog 32132, fiNtlmore, Mp 21264-21V modpw sarongs mlomtKbn,lust a -ft away. www.msncwona pa.mn, NNW .. IF TRF MORTGA - . IS FORECLOSED UPON - The moRgaged propertywi0 be sold by the Sheriff to payoff the mortgage debt. If the leader refers your can to its atioraeys, but you ewe the delinquency before the lender begins legal proceedings against you, you will still be required to pry the reasonable abomey'afees that were actually inO ned, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable abomey's fees actually mounted by the lender even if they exceed $50.00. Any attomey'sfees will be added to the amount you owe the leader, which may also include other reapnabie costa, if you care the dernalt within the THIRTY (30) DAY period, you will not be required m pay attorney's fees. OTHER LI!t4ORR REMRDTES _ The leader may also sue you personally for the unpaid principal balance and all ndrer sums due under the mortgage. RI .HT TO RF F DEFA LT PRIOR TO SHERRFFFO. SALE _ ifyou have not cured the default within the THIRTY (30) DAY period end foreclosure proceedings have began, you still have the right to care the default and prevent the sale at any time up to me hour before the Sherift'sSale. You may do so by paying the total amount then past due, plus any late or other charges than due, reasonable aaomey'sfear and cods connected with the foreclosure sale and my other costa connected with the Sheriffs Sale as specified in writing by the leader and by performing my other requirements under the mortgage. Curing your default is the muuer set forth in this notice will restore your mortgage to the same position as if you laid never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DATE - It is estimated that the earliest data that such a Sherift'sSele of the mortgaged property could be held would be aplimdmately 10 months from the date of this Notice. A notice of the actual date of the SberiffsSale will be seat to you before the able. Of course, the amount needed to core the default will increase the longer you wait. You may find out at my time exactly what the required payment or action will be by cont4co ng the leader. HOW TOT ONTA T THE .END U Name of Lender, M&T Mortgage Corporation Addrann P.O. Box 840 Buffalo, NY 14340 Phone Number: (800) 734.1633 EFFECT OF SHERIFF'S SALT -You timid realize that a ShorifPBSale will end your ownership ofdre mortgaged property and your right to occupy it. Ifyou continue to live to the property after the SbeciffsSale, a lawsuit to remove you and your furnishings and other belongings could be started by the leader at my time. ARSUMPTON OF MOR1'GAf.E - You _ may m.9 may am sell er transfer your home to abuyer or moral ee who wall worse 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 requirenats of the mortgage ate mtafied VO AYA - A?,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 THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TI IAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING 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. sincerely, ' ??-%4 9.-Ae. Russell M. Alessi Jr. Collwmas Manager Enc: Act 91 Notice Consumer Credit Contacting Agencies Serving Your County 1 ants Ile 1633 Cwrsapwnsnca - P.O. Box 610, au8do. N1' 10240.0140 PsOnMea • P.O. Bea 82192, Batlmere, MD 212642182 kiwlpape aeeeunt kd"arcn,(uat a tick away. wew.mwManwrpspa.mm r w [F ME MOR A -R K FORFr112M UPON -The mortgaged propetywill be sold by the Sheriff to payoff the mortgage debt. If the lend" refers your aso wits atiomeys, bw you core the delinquency before the lender begins legal proccadmgs egamat you, you will still be required to pay the reasonable artomney'sfem that were actually incurred, up to 550.00. However, if legal proceedings are starred against you, you will have in pay all mawneble stn mey'sfem actually mcumd by the lender even if they exceed SS0.00. Any attmney'sfees will be added to the amount you owe the leader, which may also include other reasonable cab. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attoroey's fem. .OTHER .E R EM DI S -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 511%9 n F THE D D.T IOR TO SmFASFF'c cp .E - If you have not cm'ed the default within (30) DAY period and foreclosum proceedings have begun, you still have the right to cure the default and prevent the sale at soy time up m one hour before the Sheriff's Sale. You may do so by paying the total amount than past due, plus any late or other charges than due, reasonable anomey'sfem and coats connected with &a foreclosure wit and my other coats connected with the Sheriffs Sale m specified in writing by the lender and by performing soy other requirements under the mortgage. Curing your default in the summer set forth In this notice will restore your mortgage to the same position as if you had never defaulted. F.AAI.IF. T ®7.. c RRFF'S SAL DATE - It is estimated that the earliest data that such a Sherifi'sSale of mortgaged property ouldbe held would be approximately 10 months from the date of this Notim. A notice of the actual date of the SheaiffsSale will be emu to you befom the sale. Of course, the ammmt needed to cure the default will increase the longer you wait. You may find out at soy time =wily what the required payment or action will be by contacting the leader. HOW TOCONTACTTHE dEMM' Nam of Lender: M&T Mortgage Corporation Address: P.O. Box 810 Buffalo, NY 14240 Phone Number: (800) 724-1633 EFFFrT OF S?HrAIFF'S SALE -You should reagre that a SheriffsSek will and yew ownership of the mortgaged property and yow right to occupy it If you consume to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the leader at soy time. ASSUMPTION OF MORTGAGE - You may" X may not Sell or transfer your home to a buy" or transferee who will assume the mortgage debt, provided that all the outstanding psyments, charges and attorney's fees and cats are paid prim to oat The sale and that the other requirements of the mortgage are mtisFied. 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 THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TI IAN THREE TIMES IN ANY CALENDAR YEAR.) v 1W Homeowners Emergency Assistance Program Cumberland County A«s3lerrR 19 s. Shen Hmi W PA 1]IW 13 .01 .U150 717.213.0150 A CM." 3 90 E Hjo Shat QUyebmg PA 17325 ]1].339.1518 cccR.rw..uh.Ps 392000..., FA 17IN RRR.51511.22PA 3]103 .232] cammly AelYa cN W d? ac"" Rgon 1519 nc" S WMe &PA 1]109 ]1].232.9]5] Lr9e84. L 2330 No .Vh Shen )*.Ub APA 17110 ]1].92320] 84e?h WayM mo, PVwuc 43 Flfil?ip? A Wcy762]63,32 PA 1]268 ]19.3385 MrA 211 Nm Prhht 5h Nveie ,PA 1)110 717,780.3990 800.3923391 r v ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thh Is v Official eti that the mode on v home . ?• ed the 4adK lataadf m faredose. -'° i ft tien bo t tha ! cth deg M b brovidedlo the ?• aed The HOMEO R'SMORTCA 6 ASSISTANCE PROGRAM MAPI . be able to help to sove your hope. This Notice er_abL how the eroerem worha This Notice coenioa important legal Information. If you bays any 4uestions6 representatives at the Consumer Credit Coumeltag Agency may be able to help erpnla h. YOU may also want to contact ap attorney In your arm. The kcal bar association may be able to help you And a lawyer. LA NOTIFICACION EN ADJUNTO IS DE SUKA IMPORTANCtA. PLIES AFECTA SU DERECRO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTRNIDO DE ESTA NOTIFICACION OATENGA UNA TRADUCCION UVMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRBA. PUEDES SER ELEGIRLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO -HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 1 B W M4103 C.onw oftd es -P.O. BM MO. Bumb, W 14240-0840 Payments, P.O. Ann 82182. Bmimam, MD 21280.2182 Movape ecmuM bnwnMBOn./sect a pick Poor ewe.msMMroyape.wm W "F pppt IrAT. HLaN FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the resaons set forth later in this Notice (era following pages forapecige injor mon about the mature ofyour defmIL) Ifyou have tried and art 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 an, you moat fill our. sip and file a completed Homeowner'sEmergency Assistance Program Application with one ofthe designated commuter credit counseling agencies listed at the and ofthis Notice. Only comumcrr 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 postmarkW within thirty (30) days ofyour face-to-fece meeting. YOU2EM FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME WMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives yew application. Doing dust time, no foreclosure proceedings will be pursued against you ifyoa have out the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency ofits 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. (It you have flied bankruptcy you can sWl apply for Emergency Mortgage AssistamaJ HOW TO CURE YOUR MORTGAGE DEFAULT (arise k ass W daesL NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located a 110 east coon"itle Orl Bailing Springer. PA 17007 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following months and the following amounts am now past due: angular payaarto Of x2136.38 for also nmrths Of 04/01/3008 through today's rota: 8 8784.08 Other msorges: Act: Late Charges: a U2. 04 Accrued OtMr I WVM a 37.50 TOTAL AVaUW PAST CK: 5 7124.10 HOW TOC eTHE EFA ILT-You may core the default within THIRTY (30) DAYS of the data of this 5!HY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDRR, WHICH IS $7124.20. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must by rnado eitheir by hark certified chock gitla me& navable and jillb. gent m: M&T Mortgage Corporation One Fous aim Plaza / Ilk Floor Attn: Payment Processing Baffelo, NY 14203 You c other d_•fa .lt by t•4' the following actim within THIRTY (10) DAYS Ofthe data ofhhia lever ft !dm, NOT CURE THE DEFAULT-If you do not cos the default within THIRTY (30) DAYS ofthe date ofthie Notice, the tender Intends to merges no rights to acrelerau the mortgage debt. This moan, that the entire outstanding balance of this debt will be considered due immediately and you may ban the chance mpay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also inands to Instruct its attorneys to am legal action to foreclose upon your mortgaged Property 1 600 724 1833 CnrNSAOrMMia - P.O. Bin Ban, Buaato, NY 14240-08/D Paym ou -P.O. gar a21t1, BNlmva. MD 21264-1192 Ab f,sue anmunt MwmaOxn,/Wt a rfck easy. wvw.manOtmartgsae mm s W o a 1 o Ig 5 x } N e. QTR /L I?`?{paW O 9 ? ? °1 9 p 1 '4 eo ? S? m 1 f 1 g 3 O_ Oli yWN6 ?7 t°'we`w ""° y ca W w 1 $ 1 7 1 r i V $? ?yiwW ran j 1 1 t i ll1? I 0 ~ ?s v N -? C W W O w raw N® A Y a ?a m v ? H T 4NV??'? ? ? LL i v C' FM l - ` cr rq -u f17l r "? IT1 07 t ,DO In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-5188 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 TIMOTHY C. KEANE and NATALIE P. KEANE by default for want of an Answer. Assess damages as follows: Debt Interest from 10/17/06 to Date of Sale Total (Assessment of Damages attached) $262,399.88 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered t th p against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leas t prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. 19, Attorney for I.D. #16132 AND NOW /V ?. 2_ ?- ment is entered in favor of M&T MORTGAGE CORPORATION and against TIMOTHY C. KEANE and NATALIE P. KEANE by default for want of an Answer and damages assessed in the sum of $262,399.88 as per the above certifica ' n. Pro otary / r? -? ?? ? ? ?? t.?? -°°. - - ? , ?° ?? ,J ; l "' `"?? k ?? _ y -f Cam' ? ? ?? 1,_J?- ?' Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagors and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) No. 06-5188 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothon By: If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MT-1070 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 THIS NOTICE: October 4, 2006 TO: NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 M&T MORTGAGE CORPORATION 1 Fountain Plaza. Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 TO: NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-5188 IMPORTANT NOTIC R 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ?OsexvFr;. Taa&c?r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 MT-1070 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 THIS NOTICE: October 4, 2006 TO: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 TO: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-5188 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ;?ase.?rhr,?, sa?clf?ec?r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-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, TIMOTHY C. KEANE, is about unknown years of age, that Defendant's last known residence is 110 E. Countryside Drive, Boiling Springs, PA 17007, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Ci Relief Action of Congress of 1940 and its Amendments. Date: 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, NATALIE P. KEANE, is about unknown years of age, that Defendant's last known residence is 110 E. Countryside Drive, Boiling Springs, PA 17007, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or Oot rwi se within the provisions of the Soldiers' and SailorsRelief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-5188 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T MORTGAGE CORPORATION, and against TIMOTHY C. KEANE and NATALIE P. KEANE for failure to file an Answer in the above a within (20) days (or sixty (60) days if defendant is the United States of America) from the date of servi a of Cj laint, in the sum of $262,399.88. Joseph A. G Attorney for I hereby certify that the above names are correct and that the pr id ce address of the judgment creditor is M&T MORTGAGE CORPORATION 1 Fountain Plaza Buf lo, NY 1 203 and that the name(s) and last known address(es) of the Defendant(s) is/are TIMOTHY C. KE , 110 E Countryside Drive Boiling Springs, PA 17007 and NATALIE P. KEANE, 110 E. Countryside Driv Boil' g Sprin s, PA 17007; GOLDBECK M AFFE Y & McKEEVER BY: Joseph A. oldb , Jr. Attorney for PI i0ify, ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $236,367.62 Interest from 03/01/2006 through $10,053.30 10/16/2006 Reasonable Attorney's Fee $11,818.38 Late Charges $748.44 Costs of Suit and Title Search $900.00 Escrow $2,412.14 Corporate Advance $100.00 88 GOLDBECK McC ERTi BY: Joseph A. Gold eck, Jr. Attorney for Plainti / AND NOW, this Z day of / 10V, , 2006 damages are assessed as above. Pro Prothy N oq 4. ? Q y ni or PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/17/06 to Date of Sale at 6.7500% (Costs to be added) $262,399.88 GOLDBECK McC FERTY McKEEVER BY: Joseph A. Gol beck, Jr. Attorney for Plainti =' r-? ? a ?? , .mow.. _.t.; S -'k. N 31 {.: '` n ? ?' ... , ?? .r' ?? r ;? Z O H °? o 1 W 0 ? W a 0 04 o v,U ? 0 U W p,c?'on > W o C>W a A 0 0 0 ?z?°o w V w Q v ? ?U ar o _y v N ? N V ? O ? N moo a bQ 4 C*i 4 All that certain tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East Countryside Drive, (50 foot right- of-way), said point being referenced from the centerline intersection of Jane Lane (50 foot right-of-way) and East Countryside Drive by the following: from said intersection along centerline of East Countryside Drive, South 87 degrees 18 minutes 49 seconds East, a distance of 163.00 feet to a point; thence across East Countryside Drive, North 02 degrees 41 minutes 11 seconds East, a distance of 25.00 feet to a point on the southern right-of-way line of East Countryside Drive at the southeast comer of Lot #38 and the point of beginning; thence along the East side of Lot No. 38, North 02 degrees 41 minutes 11 seconds East, a distance of 121.05 feet to a point; thence along the South side of Lot No. 33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 feet to a point; thence along the West side of Lot No. 40, South 02 degrees 41 minutes 11 seconds West, a distance of 121.05 feet to a point on the northern right-of-way of East Countryside Drive; thence along said right-of-way, North 87 degrees 18 minutes 49 seconds West, a distance of 134.00 feet to the point of beginning. Being Lot No. 39 of the Plan of Lots known as Misty Meadows, Phase 1 as recorded on the Office of Recorder of Deeds for Cumberland County, in Plan Book 77, page 95; containing 16,220.05 square feet. Subject to building and use restrictions set forth in Miscellaneous Book 606, page 1009. TAX PARCEL NO: 40-10-0638-063 a - r?i .i 1? WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County, Pennsylvania In the Court of Common Pleas of Cumberland County No. 06-5188 WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 110 E. Countryside Drive Boiling Springs, PA 17007 See Exhibit "A" attached AMOUNT DUE Interest From 10/17/06 Through Date of Sale (Costs to be added) $262,399.88 Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy d ? 0 a H O O ? O d z a H U ? S d °• a ? M ? 9w n ^ N d O v, ? W?-4 ?? W o W ? xd?? O o H U uW 4 h yr r ba Q ? O Q 0 W??fa`?""A o? Z? a O ?U Y 7 ? d Y O ? 'moo. n U d? v N.?bN ono a b? O Y ? 'a All that certain tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East Countryside Drive, (50 foot right- of-way), said point being referenced from the centerline intersection of Jane Lane (50 foot right-of-way) and East Countryside Drive by the following: from said intersection along centerline of East Countryside Drive, South 87 degrees 18 minutes 49 seconds East, a distance of 163.00 feet to a point; thence across East Countryside Drive, North 02 degrees 41 minutes 11 seconds East, a distance of 25.00 feet to a point on the southern right-of-way line of East Countryside Drive at the southeast corner of Lot #38 and the point of beginning; thence along the East side of Lot No. 38, North 02 degrees 41 minutes 11 seconds East, a distance of 121.05 feet to a point; thence along the South side of Lot No. 33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 feet to a point; thence along the West side of Lot No. 40, South 02 degrees 41 minutes 11 seconds West, a distance of 121.05 feet to a point on the northern right-of-way of East Countryside Drive; thence along said right-of-way, North 87 degrees 18 minutes 49 seconds West, a distance of 134.00 feet to the point of beginning. Being Lot No. 39 of the Plan of Lots known as Misty Meadows, Phase 1 as recorded on the Office of Recorder of Deeds for Cumberland County, in Plan Book 77, page 95; containing 16,220.05 square feet. Subject to building and use restrictions set forth in Miscellaneous Book 606, page 1009. TAX PARCEL NO: 40-10-0638-063 ,-r, Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION I Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, 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: 110 E. Countryside Drive Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 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 4 .% 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: BENEFICIAL MORTGAGE CO. OF PA 961 Weigel Drive Elmhurst, IL 30126 BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PA. 419 Village Drive Suite 2 Carlisle, PA 17013 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 110 E. Countryside Drive Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the est of oral knowledge or information and belief. I understand that false statements herein are made subject t the p ties 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 16, 2006 GOLDBECK McC FERTY & BY: Joseph A. Gol beck, JAttorney for Plaintiff ; ? o c> CJ '1{r r' .30 ?M1, p ? r 40- 06-5188 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant( of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5188 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: KEANE, TIMOTHY C. TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, March 07, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, 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. ?,. 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 _ f} A I ci? 0 06-5188 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff' M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5188 Defendants 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: KEANE, NATALIE P. NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, March 07, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, 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. 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 N ?i N ?A?'? C1 - For- _-V ti? Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION I Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO. 06-5188 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney c action, and I further certify that this property is subject to Act 91 of 1983 and the the provisions of the Act. Joseph A. Go Attorney for for the Plaintiff in this bas complied with all Jr. 0 r w Fri co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5188 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORP. Plaintiff (s) From TIMOTHY C. AND NATALIE P. KEANE,110 E. COUNTRYSIDE DR., BOILING SPRINGS PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 110 E. COUNTRYSIDE DR., BOILING SPRINGS PA 17007 (SEE LEGAL DESCRIIPTION). (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 $262,399.88 Interest FROM 10/17106 TO 3/7/07 @ 6.7500% Atty's Comm % Atty Paid $130.40 Plaintiff Paid Date: NOVEMBER 2, 2006 L.L. $.50 Due Prothy $1.00 Other Costs Curti Long, onotary(Seal) REQUESTING PARTY: Name JOSEPH A. GOLDB ECK, JR., ESQ. Address: SUITE 5000, MELLON INDEPENDENCE CENTER 701 MARKET ST., PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 By: Deputy CASE NO: 2006-05188 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS KEANE TIMOTHY C ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon KEANE TIMOTHY C the DEFENDANT , at 0019:45 HOURS, on the 13th day of September, 2006 at 110 E COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 TIMOTHY KEANE a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 So Answers: , 4.40 .00 10.00 R. Thomas Kline 32.40,/ 09/14/2006 h+14JuL, C?- GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscibed to By: before me this day of , A. D. by handing to SHERIFF'S RETURN - REGULAR CASE NO: 2006-05188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS KEANE TIMOTHY C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon KEANE NATALIE P the DEFENDANT , at 0019:45 HOURS, on the 13th day of September, 2006 at 110 E COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 by handing to TIMOTHY KEANE a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 09/14/2006 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscibed to By: before me this day r1f of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) MT-1070 CF: 09/06/2006 SD: 03/07/2007 $262,399.88 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5188 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: ( ) Personal Service by the Sheriffs Office/competent adult (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 all lienholders (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. Cesr t u B Jo h A. oldbeck, Jr. At orn r or Plaintiff jx $ i N LL. I t ? ? i ??LA pf t0 W u. ' 1 ? i s??a { I N F4 r> I>? - a• U pia, .b ?v U- U. 0 N --.---- W (n m -??1fr '-' v i w OC m - ORD X a te=' z CL R 6Yf ?' m.N We Off. r Z?`p A WO $ y m W ` d in U }" 'r n `o ' -? ? ? ? lr ? u- a+ N ? H o mfr I ?? ?? ZN r t 76 ' C W v i 1 a 2Z 3: U NQ w?N Lm I W °v -? I WZo?( Wc? ` i Coz ?6?j gc?i00 as a M t + Y ? ? 1 ? ?l ?' ?i l a c W 116 tz r- lu; , ru C4 J ' O V W Jr ?. iN Z05O=O' - t?1 rn w. n -- __ - _. 3\ UMITEOSTAT S km POSTAL SERVICE,& Date Produced: 11/20/2006 GOLDBECK MCCAFFERTY & MCKEEVER <.- (n The following is the delivery information for Certified item number 7111 4342 3630 0003 0794. Our records indicate that this item was delivered on 11/16/2006 at 11:27 a.m. in BOILING SPRINGS, PA, 17007. The scanned image of the recipient information is provided below. ?b?ery soon Signature of Recipient: ti Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 4340453 16625576 A - /0?0 UvtrEasTATEs rOsrnt sERVXE. Date Produced: 11/20/2006 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified item number 7111 4342 3630 0003 0985. Our records indicate that this item was delivered on 11/16/2006 at 11:27 a.m. in BOILING SPRINGS, PA, 17007. The scanned image of the recipient information is provided below. ?W umon Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 4340453 16625576 GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-5188 M&T MORTGAGE CORPORATION, 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: 110 E. Countryside Drive Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 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: BENEFICIAL MORTGAGE CO. OF PA 961 Weigel Drive Elmhurst, IL 30126 BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PA. 419 Village Drive Suite 2 Carlisle, PA 17013 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 110 E. Countryside Drive Boiling Springs, PA 17007 (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 unworn falsification to authorities. DATED: February 21, 2007 GO BE MCCAFFERTY McKEEVE BY tics A. Goldbeck, Jr., Esq. Attorney r Plaintiff r f 11 -T, t ??) r V GOLDBECK WCAFFERTY & McKEEVER A Professional Corporation BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE Mortgagors and Record Owners 110 E. Countryside Drive Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY NO. 06-5188 MOTION TO COMPEL SHERIFF ITO SCHEDULE A SHERIFF'S SALE Plaintiff, M&T MORTGAGE CORPORATION, by and through its attorneys, Goldbeck McCafferty & McKeever, moves this Honorable Court for an Order to Compel the Sheriff of Cumberland county to schedule a Sheriff's Sale and in support thereof states: 1. Plaintiff instituted an Action in Mortgage Foreclosure under the above caption with the filing of a complaint in foreclosure on September 6,!, 2006. 2. Judgment was entered on November 2, 2006 in the amount of $262,399.88. 3. The property located at 110 E. Countryside Drive, Boiling Springs, PA 17007 (the "Property") was scheduled to be sold at the March 2007 Cumberland County Sheriff's Sale. 4. The March 7, 2007 Cumberland Cooty Sheriff's Sale was voluntarily postponed to April 4, 2007 by Plaintiff to allow the Defendant additional time to reinstate the mortgage loan. 5. The Defendant failed to reinstate the mortgage loan before the scheduled April 4, 2007 Sheriff's Sale. 6. In an effort to amicably resolve this matter and further allow additional time for the Defendant to reinstate the mortgage loan, Plaintiff again postponed the sale to June 13, 2007. Plaintiff stayed the June 13, 2007 Cumberland County Sheriff s Sale to once again allow e the Defendant time to reinstate the mortgage loan. 8. To date, Defendant has failed to reinstate the loan despite his assurances to Plaintiff that he would do so. 9. The Sheriff's cutoff for listing the Property for the September 5, 2007 Cumberland County Sheriff's Sale was June 6, 2007. 10. The next available sale date is December 5, 2007. 11. Plaintiff avers that it will be harmed if it is required to wait until December to execute on it collateral. 12. Plaintiff filed a new Writ of Execution on or about July 2, 2007. 13. It is Plaintiff's understanding that it has not missed the publishing deadline or the printing of the handbill required for listing the Property for the September 5, 2007 Cumberland County Sheriff's Sale. 14. Plaintiff now moves this Honorable Court for an Order directing the Sheriff to schedule the Property for the September 5, 2007 Cumberland, County Sheriff's Sale. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of Cumberland County to set the Property located at 110 E. Countryside Drive, Boiling Springs, PA 17007 for the September 5, 2007 Cumberland County Sheriff's Sale. Respectfully submitted, GOLDBECK McCAFFERTY & McKEEVER By: Lisa A. Lee Xsquire Attorney for Plaintiff VERIFICATION Lisa A. Lee, Esquire, hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Compel Sheriff to Schedule a Sheriff's Sale true and correct to the best of her knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. GOLDBECK cCAFFERTY McKEEVER By: Lisa A. Lee, Esquire Attorney for Plaintiff ? ? n v ? C _.., ? = ? = ? , ,= y?, ti "rryr; --r Z - .?.?`7 ?' - ..? Z.., ? -.- M =i? ? ?.. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 vs. IN THE COURT OF COMMON PLEAS Plaintiff OF Cumberland COUNTY TIMOTHY C. KEANE and NATALIE P. KEANE Mortgagors and Record Owners 110 E. Countryside Drive Boiling Springs, PA 17007 Defendants NO. 06-5188 CERTIFICATE OF SERVICE Lisa A. Lee, Esquire, attorney for Plaintiff herein, does hereby certify that true and correct copies of the foregoing Motion to Compel Sheriff to Schedule a Sheriff's Sale and all supporting papers attached hereto were served upon the following: TIMOTHY C. KEANE R. THOMAS KIM NATALIE P. KEANE OFFICE OF THE SHERIFF 110 E. Countryside Drive CUMBERLAND COUNTY Boiling Springs, PA 17007 l COURTHOUSE SQUARE CARLISLE, PA 17013 via overnight mail, postage prepaid, on July 6, 2007. GOLDBECK McCAFFERTY & McKEEVER By: Lisa . Lee, ire Attorney for Plai iff 4W 4% GOLDBECK WCAFFERTY & McKEEVER By: Lisa A. D'Angeli, Esquire Attorney I.D. No. 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627 -1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION Plaintiff V. TIMOTHY C. KEANE NATALIE P. KEANE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY :NO. 06-5188 Defendants PLAINTIFF'S AMENDMENT TO ITS MOTION TO COMPEL SHERIFF TO SCHEDULE A SHERIFF'S SALE Plaintiff, M&T MORTGAGE CORPORATION, by and through its attorneys, Goldbeck McCafferty & McKeever, hereby files the instant amendment to its previously filed Motion to Compel Sheriff to Schedule a Sheriffs Sale in accordance with Cumberland County Local Rule 2083(a)(9), and in support thereof avers as follows: 1. Upon information and belief, Plaintiff submits that no judge has ruled upon any other issue in this or any other related matter. 2. Plaintiff's counsel did not seek the concurrence of the Defendants as they are pro se. Plaintiff's counsel did seek the concurrence of the Office of the Sheriff. Plaintiff's counsel left a telephone message for the Sheriffs solicitor, but has not received a return call. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of Cumberland County to set the Property located at 110 E. Countryside Drive, Boiling Springs, PA 17007 for the September 5, 2007 Cumberland County Sheriff s Sale. Respectfully submitted, GOLDBECK McCAFFERTY & McKEEVER By: BOA I isa A. Lee, Esquire Attorney for Plaintiff ^. . VERIFICATION Lisa A. Lee, Esquire, hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Amendment to Plaintiff s Motion to Compel Sheriff to Schedule a Sheriff's Sale true and correct to the best of her knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. i GOLDBECK WCAFFERTY McKEEVER By: Lisa A. Lee, Esquire Attorney for Plaintiff _.. - r r- - C-; -< GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation BY: Lisa A. Lee, Esquire Attorney I.D.#78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza. Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE Mortgagors and Record Owners 110 E. Countryside Drive Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CERTIFICATE OF SERVICE NO. 06-5188 Lisa A. Lee, Esquire, attorney for Plaintiff herein, does hereby certify that true and correct copies of the foregoing Amendment to Motion to Compel Sheriff to Schedule a Sheriff's Sale and all supporting papers attached hereto were served upon the following: TIMOTHY C. KEANE NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 R. THOMAS KLINE OFFICE OF THE SHERIFF CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 via first class mail, postage prepaid, on July 12, 2007. GOL B McCAFFERTY & McKEEVER By: Lisa A. Lee, Equire Attorney for Plaintiff W M&T Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Timothy C. Keane and Natalie P. Keane Writ No. 2006-5188 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2006 at 2009 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: Timothy C. Keane and Natalie P. Keane, by making known unto Timothy C. Keane personally and husband of Natalie P. Keane, at 110 E. Countryside Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 0950 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 Timothy C. Keane and Natalie P. Keane located at 110 E. Countryside Drive, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Timothy C. Keane and Natalie P. Keane, by regular mail to their last known address of 110 E. Countryside Drive, Boiling Springs, PA 17007. These letters were mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck Sheriffs Costs: Docketing 30.00 Poundage 17.90 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 1.40 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 359.00 Patriot News 362.63 Share of Bills 16.83 s 1 /0 7 $913.06 .( J a o Answers: R. Thomas Kline, Sheriff B ? c Real Estate ergeant j , Sro dk X9639 . /9117!/ sp Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-5188 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, 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: 110 E. Countryside Drive Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 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: BENEFICIAL MORTGAGE CO. OF PA 961 Weigel Drive Elmhurst, IL 30126 BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PA. 419 Village Drive Suite 2 Carlisle, PA 17013 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 110 E. Countryside Drive Boiling Springs, PA 17007 (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 onal knowledge or information and belief. I understand that false statements herein are made subject t e palties f 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. th ,,/ / DATED: October 16, 2006 GOLDBECK McC ff FERTY & BY: Joseph A. Gol beck, Jr., c Attorney for Plaint ff 06-5188 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5188 Defendants 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: KEANE, NATALIE P. NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, March 07, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, 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. 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5188 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s' , Term No. 06-5188 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: KEANE, TIMOTHY C. TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, March 07, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. f 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 All that certain tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East Countryside Drive, (50 foot right- of-way), said point being referenced from the centerline intersection of Jane Lane (50 foot right-of-way) and East Countryside Drive by the following: from said intersection along centerline of East Countryside Drive, South 87 degrees 18 minutes 49 seconds East, a distance of 163.00 feet to a point; thence across East Countryside Drive, North 02 degrees 41 minutes 11 seconds East, a distance of 25.00 feet to a point on the southern right-of-way line of East Countryside Drive at the southeast corner of Lot #38 and the point of beginning; thence along the East side of Lot No. 38, North 02 degrees 41 minutes 11 seconds East, a distance of 121.05 feet to a point; thence along the South side of Lot No. 33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 feet to a point; thence along the West side of Lot No. 40, South 02 degrees 41 minutes 11 seconds West, a distance of 121.05 feet to a point on the northern right-of-way of East Countryside Drive; thence along said right-of-way, North 87 degrees 18 minutes 49 seconds West, a distance of 134.00 feet to the point of beginning. Being Lot No. 39 of the Plan of Lots known as Misty Meadows, Phase 1 as recorded on the Office of Recorder of Deeds for Cumberland County, in Plan Book 77, page 95; containing 16,220.05 square feet. Subject to building and use restrictions set forth in Miscellaneous Book 606, page 1009. TAX PARCEL NO: 40-10-0638-063 . ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5188 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORP. Plaintiff (s) From TIMOTHY C. AND NATALIE P. KEANE, 110 E. COUNTRYSIDE DR., BOILING SPRINGS PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 110 E. COUNTRYSIDE DR., BOILING SPRINGS PA 17007 (SEE LEGAL DESCRUPTION). (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 $262,399.88 Interest FROM 10/17/06 TO 3/7/07 @ 6.7500% Atty's Comm % Atty Paid $130.40 Plaintiff Paid Date: NOVEMBER 2, 2006 L.L. $.50 Due Prothy $1.00 Other Costs I oaieW4 Curtis A. Long, P ,redfo-Tiotary (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDB ECK, JR., ESQ. Address: SUITE 5000, MELLON INDEPENDENCE CENTER 701 MARKET ST., PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 By: Deputy Real Estate Sale # 27 On November 6, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA ft" Known and numbered as 110 E. Countryside Drive, eD Boiling Springs, more fully described on Exhibit "A" P^n UM) filed with this writ and by this reference incorporated herein. f Date: November 6, 2006 By: J6C Real Esta Sergeant b S b d E- A0i1 995l PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 27 Writ No. 2006-5188 Civil M&T Mortgage Corporation vs. Timothy C. Keane and Natalie P. Keane Atty.: Joseph Goldbeck All that certain tract of land situ- ate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East Countryside Drive, (50 foot right- of-way), said point being referenced ti /?isa Marie Co 1)/1 Editor SWORN TO AND SUBSCRIBED before me this ___2 _day of Februar, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 1 '%a THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#27 ??P ?6 P? !'ffatd ao?t itaot?no ? ?, AEIIN. MII?'E . #t K 1lrrrrt??AO?$1??'? Y all . ')t1?a? CaLM?ra and M?MiM I k X11 i AFL 1W 1W of lad aiwft in Settdt I?iBt?etm Ib cim6ahw Coaeuy, Pmesylvari?lloabded and dee?n? n ? tom: Bt?CVG at a point loamd on the anedtnm '* of way tine of E W l aaaayXW Dove, {50 foot ' of pit t* mod J tat de "*dWhftWd" dlWLW (50 'foot d0 Vy) * 91116rett ide Dote &PW 13 anon 491==* &a. a *go= of N hd 0 a point tlrraM awn EW '--114A- M« DT-L M A- At ...:?.tm ............Xsuib .................................. Sworn to an efore me this 26th day of February 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Not ublic ity Of Harrourg, D ph' County My Commis r ne 6, 2010 NOTA4XY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION I Fountain Plaza Buffalo, NY 14203 vs. Plaintiff IN THE COURT OF COMMON PLEAS TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/17/2006 to Date of Sale at 6.7500% (Costs to be added) $262,399.88 GOLD C McCAFFERTY & McKEEVER BY: J A. Goldbeck, Jr. Attorne for Plaintiff z 0 aa• O O 00 ?Ov 0 ? ° O Q ? H C7 z p O U 2. W 0 r- 0 rO c O H v O .? a w O b a ? a C U oQ oo.? ?' E'' o U a 5 Y ,.} Q m - - - - _ s d 43 o r C61?,scrcnvn_ t ti d d a? N M U Vl ?oN A N a V c, p. N o ? d°o 64 ` 4l H All that certain tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East Countryside Drive, (50 foot right- of-way), said point being referenced from the centerline intersection of Jane Lane (50 foot right-of-way) and East Countryside Drive by the following: from said intersection along centerline of East Countryside Drive, South 87 degrees 18 minutes 49 seconds East, a distance of 163.00 feet to a point; thence across East Countryside Drive, North 02 degrees 41 minutes 11 seconds East, a distance of 25.00 feet to a point on the southern right-of-way line of East Countryside Drive at the southeast corner of Lot #38 and the point of beginning; thence along the East side of Lot No. 38, North 02 degrees 41 minutes 11 seconds East, a distance of 121.05 feet to a point; thence along the South side of Lot No. 33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 feet to a point; thence along the West side of Lot No. 40, South 02 degrees 41 minutes 11 seconds West, a distance of 121.05 feet to a point on the northern right-of-way of East Countryside Drive; thence along said right-of-way, North 87 degrees 18 minutes 49 seconds West, a distance of 134.00 feet to the point of beginning. Being Lot No. 39 of the Plan of Lots known as Misty Meadows, Phase 1 as recorded on the Office of Recorder of Deeds for Cumberland County, in Plan Book 77, page 95; containing 16,220.05 square feet. Subject to building and use restrictions set forth in Miscellaneous Book 606, page 1009 IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 110 E. Countryside Drive Boiling Springs, PA 17007 SOLD as the property of TIMOTHY C. KEANE and NATALIE P. KEANE TAX PARCEL #40-10-0638-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5188 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION Plaintiff (s) From TIMOTHY C. KEANE & NATALIE P. KEANE (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 $262,399.88 L.L. $.50 Interest from 10/17/06 to date of sale at 6.7500% Atty's Comm % Atty Paid $170.90 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 07-03-07 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF jjalt4 - Curtis R. tong, Protho By: Deputy Telephone: 215-627-1322 Supreme Court ID No. 16132 ?ioldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, 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: 110 E. Countryside Drive Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 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: BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PA. 419 Village Drive Suite 2 Carlisle, PA 17013 BENEFICIAL MORTGAGE CO. OF PA 961 Weigel Drive Elmhurst, IL 30126 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 110 E. Countryside Drive Boiling Springs, PA 17007 Terrance J. McCabe 123 South Broad Street, Suite 2080 Philadelphia, PA 19107-1029 (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 unworn falsification to authorities. DATED: June 29, 2007 thK McCAFFERTY & McKEEVER A. Goldbeck, Jr., Esq. for Plaintiff i 06-5188 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 of Cumberland County Plaintiff CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s Term No. 06-5188 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: KEANE, TIMOTHY C. TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 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. 06-5188 r 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5188 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 either of the following numbers: 717-243-9400 or. 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) at 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 our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy 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-1070. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 06-5188 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Term No. 06-5188 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: KEANE, NATALIE P. NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5188 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 either of the following numbers: 717-243-9400 or. 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) at 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 our toll free number at 1-866-413-2311 or via email at homeretention(i?goldbecklaw.com. Call Judy 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-1070. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. M&T MORTGAGE CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY C. KEANE AND NATALIE P. KEANE, DEFENDANTS : 06-5188 CIVIL TERM ORDER OF COURT AND NOW, this 144 day of July, 2007, a Rule is entered against the Cumberland County Sheriff to show cause why the motion and amended motion for an order directing the Sheriff to set 110 East Countryside Drive, Boiling Springs, PA 17007 for the September 5, 2007, Cumberland County Sheriff's Sale, should not be granted. Rule returnable five (5) days after service. By the Court, Edgar B. Bayley, J. Lisa A. Lee, Esquire For Plaintiff lTimothy C. Keane `Natalie P. Keane 110 E. Countryside Drive Boiling Springs, PA 17007 Cumberland County Sheriff :sal `` ` lG p1 A,e-A - Ca ART Y 4 me 1?eeve J ee_- `00 1._ cr) r? C{9 - - _e r• LL (D v ? L) GOLDBECK WCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. #: 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendants AFFIDAVIT OF SERVICE No. 06-5188 I hereby certify that the Rule dated July 17, 2007 in the above-captioned matter was served pursuant to Rule 440 by first class mail on the following parties on the date listed below: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 SHERIFF OF CUMBERLAND COUNTY Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsifications to authorities. GOLDBECK, McCAFFERTY & McKEEVER Date: 7/24/2007 U Jk Lis A. Lee, Esq ire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County n.? ? C.?7 ?- ?..-, --rt ?? _??} ?. ??_? l . __ _ ? ?? _ ?.._ .. .._. __ .l. _ _???f. ?_- i M&T MORTGAGE CORPORATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY C. KEANE, and NATALIE P. KEANE Defendants : No. 06-5188 CIVIL TERM ANSWER OF THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY TO THE RULE ENTERED BY THIS COURT ON JULY 17, 2007 AND NOW, comes the Office of the Sheriff of Cumberland County, by and through its Solicitor, Edward L. Schorpp, Esq., and answers Plaintiff's Amended Motion as follows: Original Motion 1-3. Admitted. 4-8. Denied. After reasonable investigation, Respondent is without knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. 9. Admitted. 10. Admitted in part and denied in part. The next regularly scheduled sale date is December 5, 2007, however the Office of the Sheriff has sale dates scheduled in each month of the year for the purpose of conducting sales which have been postponed. 11. Denied. After reasonable investigation, Respondent is without knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. 12. Admitted. 13. Denied. The Office of the Sheriff received the Court's Order on July 25, 2007. On that date, the September sales had already been advertised two of the three successive times required by law. 14. Admitted in part and denied in part. It is admitted that Plaintiff seeks relief. It is denied that it is entitled to the relief sought, which averment is a conclusion of law. Amended Motion Plaintiff Amended Motion contains two new paragraphs and does not include the remaining paragraphs constituting the original Motion. Nevertheless, the Office of the Sheriff answers by incorporating by reference Paragraphs Nos. 1-14 above and answers the new paragraphs as follows: 1. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to prove the truth of these averments and the same are denied. 2. Admitted in part and denied in part. Respondent cannot speak to the standing of defendants. It is admitted that Plaintiff's counsel did leave a telephone message, which did not specify a request for concurrence, for the Sheriff's Solicitor and the call was not returned. By way of further answer, Plaintiff's counsel made no subsequent effort to contact the Sheriff s Solicitor. WHEREFORE, Respondent Office of the Sheriff demands that Plaintiff's motion be dismissed. Edward ?LSc?horpp, Esquire Attorney I.D. No. 17495 35 South Thrush Drive Carlisle, PA 17015-7652 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff t:, --'- VERIFICATION I verify that the statements contained herein are true and correct. 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. s' ..etl? 1 l Dated: 4 X7 .ADD,' M&T MORTGAGE CORPORATION Plaintiff vs. TIMOTHY C. KEANE, and NATALIE P. KEANE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5188 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer of the Office of the Sheriff of Cumberland County to the Rule Entered by this Court on July 17, 2007, was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows: Lisa A. Lee, Esquire Goldbeck, McCafferty & McKeever Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Timothy C. Keane Natalie P. Keane 110 E. Countryside Drive Boiling Springs, PA 17007 Dated:?/U_u Z % -2 0 07 By: J#d b S 0r2Lkk , Sgrq-e ai4j ?? ?; ?- ?? c? r ?...... ro rte,,' r=:, ,,,? ,, ...- M&T MORTGAGE CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY C. KEANE AND NATALIE P. KEANE, DEFENDANTS 06-5188 CIVIL TERM ORDER OF COURT AND NOW, this 15f' day of August, 2007, following review of the motion and answer, and this case having never been advertised, the motion to compel the sheriff to schedule a sheriff sale for September 5, 2007, IS DENIED By the 906rt, Edgar B Xisa A. Lee, Esquire Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 For Plaintiff ? imothy C. Keane Natalie P. Keane 110 E. Countryside Drive Boiling Springs, PA 17007 Cumberland County Sheriff sal , J. N btu c,? :??'? O r-.. ?° U GOLDBECK McCAFFERTY & MCKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff, M&T MORTGAGE CORPORATION, petitions the Court to Amend its Judgment in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on September 05, 2006 as to the property located at 110 E. Countryside Drive Boiling Springs, PA 17007 ("Property"). 2. On November 02, 2006, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $262,399.88, based upon the demand in Plaintiffs Complaint. 3. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. 4. Since the filing of the Complaint, interest and late charges continue to accrue based on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 5. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 6. A sheriffs sale is scheduled for December 05, 2007, and the amounts due and owing on the mortgage as of the sheriff s sale will be as follows: Principal Balance Interest from 04/01/2006 thru 12/05/2007 at 6.7500% Per diem interest rate at $43.71 Escrow Sub-Total Pro Rata PMI Unpaid NSF Charges Property Inspections Miscellaneous Expense Due INSPECTIONS 09/11/06 9.00 10/03/06 9.00 11/13/06 9.00 11/29/06 9.00 01/03/07 9.00 01/30/07 9.00 03/05/07 9.00 03/29/07 9.00 05/10/07 9.00 05/31/07 9.00 06/27/07 12.00 07/27/07 12.00 08/28/07 12.00 10/02/07 12.00 Total $138 $236,367.62 $32,061.12 $8,827.55 $277,256.29 $649.76 $20.00 $26.50 $5,278.96 BPO 07/31/06 100.00 04/12/07 350.00 04/27/07 100.00 06/25/07 235.00 Total $785 Property Preservation 04/05/07 1,375.00 F/C 09/21/06 325.00 09/21/06 1,500.00 09/21/06 190.00 09/21/06 55.50 06/15/07 125.00 06/15/07 125.00 06/15/07 34.00 06/15/07 1,250.00 06/15/07 15.00 07/12/07 (638.54) Total $2980.96 Final total = $5278.96 Sub-Total $283,231.51 Recording Fees $27.00 Inspections $36.00 Appraisal $500.00 Sub-Total $283,794.51 Attorney's Fee at 5.0000% of principal balance $11,818.38 Costs of Suit and Title Search $900.00 TOTAL $296,512.89 WHEREFORE, Plaintiff prays that the Petition be granted and Plaintiff s Judgment be amended to $296,512.89, plus interest and costs of the action. y submitted, By: GOLDBEOK McCAFYEFITY & McKEEVER Ga E.cCa Esq. Pho : (215) 825 302 Fax: ( 25- Email: 2mccaffe izoldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 VERIFICATION Gary E. McCafferty, Esq., hereby states that he is the attorney for plaintiff and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties 18 P.S. Section Gary E. cCafferty sq. Phone: (21 825-610 Fax: (215) 825- Email: gmccafferty@goldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriff s Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, late charges and advances made by plaintiff to pay taxes, insurance, or to otherwise protect its mortgage lien and the interests of the Defendant, have all been accruing while Plaintiff's action in mortgage foreclosure was delayed. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $296,512.89, plus interest and costs. By: Respectfully somitted, GOLDBECK MWAFFEAW & McKEEVER Gary E. afferty, q. Phone: (2 25- 2 Fax: (215) 825-6402 Email: gmccafferty@goldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 CERTIFICATION OF SERVICE Jaclyn Jamieson is a legal assistant with the firm of GOLDBECK McCAFFERTY & McKEEVER and hereby certifies that a true and correct copy of Plaintiffs Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) TIMOTHY C. KEANE and NATALIE P. KEANE @ 110 E. Countryside Drive Boiling Springs, PA 17007 on October 19, 2007. GOLDBECK McCAFFERTY & McKEEVER By: \ Gol beck a rty McKeever Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com GOLDBECK McCAFFERTY & MCKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDBECKLA W.COM October 18, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: M&T MORTGAGE CORPORATION vs. TIMOTHY C. KEANE and NATALIE P. KEANE Docket Number: 06-5188 Our file Number: MT-1070 To the Prothonotary: Kindly file Plaintiff's Petition to Amend Judgment the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed. Very truly yours, Goldbeck McCafferty & McKeever Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com cc: TIMOTHY C. KEANE NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 C r-I 0 C- 1 Y CD .. -V z-7 ' ? i`. fn Y Zo .1o GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 MT-1070 CF: 09/06/2006 SD: 12/05/2007 $262,399.88 M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5188 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. pectfully submitted, Joseph A. Goldbeck, r. A orney for Plaintiff 1 i 1U ?? 0 a o ?$ r ' ` * C Y3 i J ;"J. R_. 04 ocall V3t1etA a '! yam: ;, . f 1 CLO II a r ?' I C 8 d CL ? W ULL J G? w ° ? m Wm v o ? 19 oc d' 1 N -5 O C9 4 in o o2 j N . CL, Y2 r tlD ? $ g c w -? ac o a ?3 Na oa. vt c, N W N IL C M N ?- ? '? F ` m ?r?i wd z E w$ w h OD cot 'n ?VV n.NZ a o W 6 r Q 1=- i ? i 4 1 t ? WMM'? W I ?l h Ito i; m I t` ? W G] ? let N ??Q„JL LL U) I V N LL O O ? M W Q 0 s Q 0- m N Q U') a t U 11 ..- N r . IT C) v1 tfi 4? SQ ` ?R O O .g i. { a l?0 ? a m c r •^ J ?jS4, M _ A ti `t ?C E 8-b -M N x K 2suno ? a .4 v b U C ? O ?z $ ???? W 4 b m F- J cor- o ?? -ate 0'J??- 0 z o o =Z CO 0 o U U O W 5 W U Z a t ????? W coZ m m CD r ( j U?NQ a Ig a o0 E z ?- z Cl) W Q I ° c o ?a ? e a iy ¢V° J I I oY M ' I I o? OWC?Win! g mm ?'171 ? EN mpW?QcG ,lo EJI_ I i ! I I I 'Z.c ? ? zO?o=asl .r%._ _ N cry ? et iu I cy ti oo v Yl A LL c m CL c 0 CL m O Je C L N H P w m C. V O Cl N t1S O N_ t6 (0 O c 0 U o N Z E 78 U m U- ti ti M O O io H U) W Z Q W Y n. W Q F- Q Z W W Y U H 0, unnrEOSrnrEs ?P05T,l1t SERVICE. Date Produced: 07/16/2007 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified item number 7111 4342 3630 0014 3753. Our records indicate that this item was delivered on 07/13/2007 at 11:57 a.m. in BOILING SPRINGS, PA, 17007. The scanned image of the recipient information is provided below. Signature of Recipient: 1 Ile Address of Recipient:` r S ? Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 4340453 16625576 1MO 5TISTS POSTAL SE RVICE Date Produced: 07/16/2007 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified item number 7111 4342 3630 0014 3760. Our records indicate that this item was delivered on 07/13/2007 at 11:57 a.m. in BOILING SPRINGS, PA, 17007. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: r s o .? Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 4340453 16625576 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5188 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, 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: 110 E. Countryside Drive Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 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: BENEFICIAL MORTGAGE CO. OF PA 961 Weigel Drive Elmhurst, IL 30126 BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PA. 419 Village Drive Suite 2 Carlisle, PA 17013 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. CHERIE STORK MOSS CODILIS, LLP 20 NORTH MAIN STREET ALBION, NY 14411 TENANTS/OCCUPANTS 110 E. Countryside Drive Boiling Springs, PA 17007 Terrance J. McCabe 123 South Broad Street, Suite 2080 Philadelphia, PA 19107-1029 (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: October 18, 2007 ECK Mc AFFERTY & McKEEVER B . oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ? ? - C'.. v? T1 -r r- a_ ... N 'S_? ?> t.;>. N C .?t: J ? . ;t? ??:; rx? i`Y1 '?" ? ? IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling.Springs, PA 17007 Defendant(s) AMENDED PLAINTIFF'S PETITION TO AMEND JUDGMENT No. 06-5188 In reference to the above mentioned case the Honorable Judge Bayley has been assigned to this case. He has ruled upon the Motion to Compel the Sheriff sale for September 5, 2007, which he denied on August 1, 2007. There is no opposing counsel listed on record for this particular matter. Respectfully s-qbmitted, By: GOLDBECK WCAFFEWrY/& McKEEVER Gary E. affe sq. Phone: ( 15) 825-6 2 Fax: (215) 25-640 Email: jmcca ,jz Idbecklaw.com CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE r RIM j; ti OCT 2 52Q07y GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff 10/aa - Sen tA E M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) RULE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should no 10- Rule returnable the 1-5 day of Od-'i Date: J G co CL. tz'' w p ° c?+ r?J GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 CERTIFICATION OF SERVICE OF RULE RETURNABLE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiffs Petition for Reassessment of Damages and Rule Returnable Dated November 15, 2007, stating the RULE is returnable FIFTEEN (15) days from the date of service was mailed by first class mail, postage prepaid to Defendant(s) TIMOTHY C. KEANE & NATALIE P. KEANE on November 19, 2007 @ 110 E. Countryside Drive, Boiling Springs, PA 17007. GOLDBECK Sworn me th, to day vember, 2007 By: PENNSYLVANIA COMMONWF-AL7 1 -.. NOTARIAL .?-- P? BARBARA L. HAND, Notary City of Philadelphia, Phila. County My Commission Irxpires June 19#2010 Gary E. Cafferty, 215-825-6 215-825-6442 ax Email: 2mccaffertv(c IN THE COURT OF COMMON PLEAS El FEY'Y & McKEEVER ldbecklaw.com OCT s s2om,4' GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) RULE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable the day of Date: 7 /s/ • IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) ORDER CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AND NOW, this day of , 2007, upon consideration of the Petition of M&T MORTGAGE CORPORATION to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiff s judgment is hereby amended to $296,512.89, plus interest at the rate set forth in the note and mortgage, and costs of this action through and including the Sheriff's Sale of the Property or payment of the mortgage loan in full. BY THE COURT: J. Distribution list: Gary E. McCafferty, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 TIMOTHY C. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 t GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) RULE IN THE COURT OF COMMOU PLEAS of Cum CIVIL A I - ACTION OF l FORECLQAJ ? C ya -In No. 06-5188 go< AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable the day of , . Date: J. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) ORDER CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AND NOW, this day of , 2007, upon consideration of the Petition of M&T MORTGAGE CORPORATION to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiff s judgment is hereby amended to $296,512.89, plus interest at the rate set forth in the note and mortgage, and costs of this action through and including the Sheriff s Sale of the Property or payment of the mortgage loan in full. BY THE COURT: J. Distribution list: Gary E. McCafferty, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 TIMOTHY C. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 GOLDBECK McCAFFERTY & McKEEVER c? BY: Gary E. McCafferty C7 ?.r C:) -n Attorney I.D.#42386 T C-) M'11 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 i 215-825-6342 - -- t `` Attorney for Plaintiff 2-1 -- M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff, M&T MORTGAGE CORPORATION, petitions the Court to Amend its Judgment in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on September 05, 2006 as to the property located at 110 E. Countryside Drive Boiling Springs, PA 17007 ("Property") 2. On November 02, 2006, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $262,399.88, based upon the demand in Plaintiffs Complaint. 3. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. 4. Since the filing of the Complaint, interest and late charges continue to accrue based on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 5. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 6. A sheriffs sale is scheduled for December 05, 2007, and the amounts due and owing on the mortgage as of the sheriffs sale will be as follows: Principal Balance Interest from 04/01/2006 thru 12/05/2007 at 6.7500% Per diem interest rate at $43.71 Escrow Sub-Total Pro Rata PMI Unpaid NSF Charges Property Inspections Miscellaneous Expense Due INSPECTIONS 09/11/06 9.00 10/03/06 9.00 11/13/06 9.00 11/29/06 9.00 01/03/07 9.00 01/30/07 9.00 03/05/07 9.00 03/29/07 9.00 05/10/07 9.00 05/31/07 9.00 06/27/07 12.00 07/27/07 12.00 08/28/07 12.00 10/02/07 12.00 Total $138 $236,367.62 $32,061.12 $8,827.55 $277,256.29 $649.76 $20.00 $26.50 $5,278.96 BPO 07/31/06 100.00 04/12/07 350.00 04/27/07 100.00 06/25/07 235.00 Total $785 Property Preservation 04/05/07 1,375.00 F/C 09/21/06 325.00 09/21/06 1,500.00 09/21/06 190.00 09/21/06 55.50 06/15/07 125.00 06/15/07 125.00 06/15/07 34.00 06/15/07 1,250.00 06/15/07 15.00 07/12/07 (638.54) Total $2980.96 Final total = $5278.96 Sub-Total $283,231.51 Recording Fees $27.00 Inspections $36.00 Appraisal $500.00 Sub-Total $283,794.51 Attorney's Fee at 5.0000% of principal balance $11,818.38 Costs of Suit and Title Search $900.00 TOTAL $296,512.89 WHEREFORE, Plaintiff prays that the Petition be granted and Plaintiffs Judgment be amended to $296,512.89, plus interest and costs of the action. ly submitted, By: GOLDBEM MCCAFYEFJTY & McKEEVER Ga E. McA825 Esq. Pho : (?12 Fax: (2 Email:9-mcgoldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) VERIFICATION No. 06-5188 Gary E. McCafferty, Esq., hereby states that he is the attorney for plaintiff and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties 18 P. S. Section 0904. Gary E. cCatfert} Phone: (21 825-6 Fax: (215) 825--640 Email: mccaffertv IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ldbecklaw.com GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriffs Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, late charges and advances made by plaintiff to pay taxes, insurance, or to otherwise protect its mortgage lien and the interests of the Defendant, have all been accruing while Plaintiff s action in mortgage foreclosure was delayed. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $296,512.89, plus interest and costs. By: Respectfully GOLDBECK WCAFFEP T/f & McKEEVER Gary E. afferty, q. Phone: (2 25- 2 Fax: (215)825 _6402 Email: gmccafferty@goldbecklaw.com t' GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION I Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 CERTIFICATION OF SERVICE Jaclyn Jamieson is a legal assistant with the firm of GOLDBECK McCAFFERTY & McKEEVER and hereby certifies that a true and correct copy of Plaintiffs Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) TIMOTHY C. KEANE and NATALIE P. KEANE rr 110 E. Countryside Drive Boiling Springs, PA 17007 on October 19, 2007. GOLDBECK McCAFFERTY & McKEEVER By: ?.? Gol beck MWa rty McKeever Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com •? r GOLDBECK McCAFFERTY & WKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 5000 MELLON INDEPENDENCE CENTER 70 t MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBECKLAW.COM October 18, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: M&T MORTGAGE CORPORATION vs. TIMOTHY C. KEANE and NATALIE P. KEANE Docket Number: 06-5188 Our file Number: MT-1070 To the Prothonotary: Kindly file Plaintiff s Petition to Amend Judgment the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed. Very truly yours, Goldbeck McCafferty & McKeever Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com cc: TIMOTHY C. KEANE NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 GOLDBECK MCCAFFERTV & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBECKLAW.COM November 19, 2007 TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 RE: M&T MORTGAGE CORPORATION v. TIMOTHY C. KEANE & NATALIE P. KEANE Docket Number. 06-5188 Loan Number: 0006390603 Our File Number: MT-1070 I have enclosed for service upon you Plaintiffs Petition for Reassessment of Damages and Rule Returnable Dated November 15, 2007, stating the RULE is returnable FIFTEEN (15) days from the date of service was mailed . Please contact your own legal counsel to discuss this petition. Very truly yours, GOLDBECK McCAFFERTY & McKEEVER By: Jaclyn Jamieson Legal Assistant to Gary McCafferty 215-825-6369 215-825-6378 (fax) Jiamieson@goldbeeklaw.com GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBECKLAW.COM November 19, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: M&T MORTGAGE CORPORATION vs. TIMOTHY C. KEANE and NATALIE P. KEANE NO. 06-5188 Our file Number: MT-1070 To the Prothonotary: Kindly file Plaintiffs CERTIFICATION OF SERVICE OF RULE RETURNABLE with the Court and return a time-stamped copy in the pre-addressed and prepaid envelope provided. Very truly yours, GOLDBECK McCAFFERTY & McKEEVER By: Jaclyn Jamieson Legal Assistant to Gary McCafferty 215-825-6369 215-825-6378 (fax) jjamieson@goldbecklaw.com CC: TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 ` ?a ? ? ?.._,, ..... ?w, eft ?_.? ? -? t ' ? ?? t _., ?. ? ? .. ?r ; ?.? ?. t ` ?,? ? -GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 IN THE COURT OF COMMON PLEAS vs. Plaintiff of Cumberland County TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 MOTION TO MAKE RULE ABSOLUTE Plaintiff, M&T MORTGAGE CORPORATION, moves to make a rule absolute for the following reasons: 1. Plaintiff filed a Petition to Amend Judgment on October 22, 2007. A true and correct copy of Plaintiff's Motion is attached as Exhibit A. 2. A Rule was issued by the Court with a Rule Returnable dated November 15, 2007, stating the RULE is returnable FIFTEEN (15) days from the date of service. Service was sent on November 19, 2007.. Exhibit B. 3. Plaintiff's Certificate of Service of the Rule Returnable is attached as Exhibit C. 4. Upon information and belief, no response to the Petition has been filed with the Court or served upon Plaintiff. WHEREFORE, Plaintiff prays that the Court make the le absolute and enter the attached Order. n E. McCferty, Esq. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AFFIDAVIT Gary E. McCafferty, Esquire., subject to the penalties of 1 P.S. Section 4904, deposes and says that he is the attorney for the within named Plaintiff and t at all the fa s set forth within the attached a Motion to Make Rule Absolute are true and c ect to t best of his knowledge, information and belief. SWORN TO AND SUBSCRIBED: Before me this day: Gary E. M Of 12007 1--i v 'y Public COMMONWEALTH OF PENNS1fL.VANIA NOTARIAL SEAL BARBARA L HAND, NOWY Pdit Phis. CCU* CwwnW n Eiq*w ,lime 19, 2010 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 06-5188 CERTIFICATE OF SERVICE Gary E. McCafferty, Esquire., attorney for Plaintiff, being duly sworn according to law, hereby certifies that he did serve Defendants TIMOTHY C. KEA and NAT LIE P. KEANE, a copy of Plaintiff's Motion to Make Rule Absolute by first class ail on tuber 4, 2007 at 110 E. Countryside Drive, Boiling Springs, PA 17007. Gary E. SWORN TO AND SUBSCRIBED: Before me this rlL-1- da Of '2007 0 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BARBARA L. HAND, Notary Pudic City of Philadelphia, PhNa. Cowriy My Cww*m ion Expires Jura 19, 2010 Exhibit A Plaintiff's Motion to Reassess Damages IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 vs. Plaintiff TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) ORDER CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AND NOW, this day of , 2007, upon consideration of the Petition of M&T MORTGAGE CORPORATION to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiffs judgment is hereby amended to $296,512.89, plus interest at the rate set forth in the note and mortgage, and costs of this action through and including the Sheriffs Sale of the Property or payment of the mortgage loan in full. BY THE COURT: J. Distribution list: Gary E. McCafferty, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 TIMOTHY C. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF CO of Cum CIVIL A W - ACTION OF' 20a FORECL(O J No. 06-5188 PLEAS RULE AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable the day of , . Date: J. ?• 4 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 ORDER AND NOW, this day of , 2007, upon consideration of the Petition of M&T MORTGAGE CORPORATION to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiffs judgment is hereby amended to $296,512.89, plus interest at the rate set forth in the note and mortgage, and costs of this action through and including the Sheriff's Sale of the Property or payment of the mortgage loan in full. BY THE COURT: J. Distribution list: Gary E. McCafferty, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 TIMOTHY C. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 GOLDBECK McCAFFERTY & McKEEVER o BY: Gary E. McCafferty = ?,.. Attorney I.D.#42386 r - m r Suite 5000 - Mellon Independence Center v =i; 701 Market Street PA 19106-1532 Philadelphia ag - , 215-825-6342 yv -- t` `n Attorney for Plaintiff -- M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff, M&T MORTGAGE CORPORATION, petitions the Court to Amend its Judgment in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on September 05, 2006 as to the property located at 110 E. Countryside Drive Boiling Springs, PA 17007 ("Property"). 2. On November 02, 2006, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $262,399.88, based upon the demand in Plaintiffs Complaint. 3. Additional sums have been incurred or expended on Defendant's behalf since the complaint was filed. .y 4. Since the filing of the Complaint, interest and late charges continue to accrue based on the rate set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums as required under the terms of the note and mortgage or under the terms of the mortgage contract in order to protect the interest of Defendants and Plaintiff. 5. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 6. A sheriff's sale is scheduled for December 05, 2007, and the amounts due and owing on the mortgage as of the sheriff's sale will be as follows: Principal Balance Interest from 04/01/2006 thru 12/05/2007 at 6.7500% Per diem interest rate at $43.71 Escrow Sub-Total Pro Rata PMI Unpaid NSF Charges Property Inspections Miscellaneous Expense Due INSPECTIONS 09/11/06 9.00 10/03/06 9.00 11/13/06 9.00 11/29/06 9.00 01/03/07 9.00 01/30/07 9.00 03/05/07 9.00 03/29/07 9.00 05110107 9.00 05/31/07 9.00 06/27/07 12.00 07/27/07 12.00 08/28/07 12.00 10/02/07 12.00 Total $138 $236,367.62 $32,061.12 $8,827.55 $277,256.29 $649.76 $20.00 $26.50 $5,278.96 BPO 07/31/06 100.00 04/12/07 350.00 04/27/07 100.00 06/25/07 235.00 Total $785 Property Preservation 04/05/07 1,375.00 F/C 09/21/06 325.00 09/21/06 1,500.00 09/21/06 190.00 09/21/06 55.50 06/15/07 125.00 06/15/07 125.00 06/15/07 34.00 06/15/07 1,250.00 06/15/07 15.00 07/12/07 (638.54) Total $2980.96 Final total = $5278.96 Sub-Total Recording Fees Inspections Appraisal Sub-Total Attorney's Fee at 5.0000% of principal balance Costs of Suit and Title Search TOTAL $283,231.51 $27.00 $36.00 $500.00 $283,794.51 $11,818.38 $900.00 $296,512.89 . I WHEREFORE, Plaintiff prays that the Petition be granted and Plaintiffs Judgment be amended to $296,512.89, plus interest and costs of the action. ectfully submitted, GOLD BE McCAF Y & McKEEVER By: Ga E. McCaf y, Esq. Pho : (?15) 825 302 Fax: (2 25- Email: gmccaffe goldbecklaw.com a GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 VERIFICATION Gary E. McCafferty, Esq., hereby states that he is the attorney for plaintiff and that all of the facts set forth within the attached Petition to Amend its Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties 18 P.S. Section 1904. Gary E. cCafferty Phone: (21 825-6a Fax: (215) 825-6-4-0,' Email: gmccafferty( Idbecklaw.com ¦ go -j GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6302 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 06-5188 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriff's Sale of property involved. For reasons stated in the within motion, Plaintiff s judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, late charges and advances made by plaintiff to pay taxes, insurance, or to otherwise protect its mortgage lien and the interests of the Defendant, have all been accruing while Plaintiff s action in mortgage foreclosure was delayed. • v -1 • CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the petition be granted and Plaintiffs judgment be amended to $296,512.89, plus interest and costs. Respectfully submitted, By: GOLDBECK MWCAFFEAW & McKEEVER Gary E. afferty, q. Phone: (2 25- 2 Fax: (215) 825-6402 Email: gmccafferty@goldbecklaw.com n GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 vs. Plaintiff TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 CERTIFICATION OF SERVICE Jaclyn Jamieson is a legal assistant with the firm of GOLDBECK McCAFFERTY & McKEEVER and hereby certifies that a true and correct copy of Plaintiff's Petition to Amend Judgment was mailed by first class mail, postage prepaid to Defendant(s) TIMOTHY C. KEANE and NATALIE P. KEANE @ 110 E. Countryside Drive Boiling Springs, PA 17007 on October 19, 2007. GOLDBECK McCAFFERTY & McKEEVER By: a'-) Gol beck a rty McKeever 4Jaclyn Jamieson Judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com .x MXAFFERTY & McKEEVER CORPORATION GOLDBECK A PROFESsIONLpw ATTORNEYS AT SUITE 5000 MELLON LNDEPEND STET CENTER 701 MARS PHILADELPHIA, PA 19106 VyW W.GOLDBECKLAW.COM October 18, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse square . Carlisle, PA 17013 GE CORPORATION vs. TIMOTHY C. KEANE and NATALIE P RE. M&T MORTGA KEANE Docket Numbee?. 0M6-5T 1 070 Our file Numb To the prothonotary: end Judgment the same of record with the Court an . on to A Kindly file Plaintiff's P het elf adds ssed stamped envelope enclosed. stamp- return atime-stamped copy In Very truly yours, Goldbeck McCafferty & McKeever j aclyn J amieson judgment Department Phone: (215) 825-6369 Fax: (215) 825-6378 Email: jjamieson@goldbecklaw.com cc: TIMOTHY C- KEANE NATALIE P KEANE Drive 110 E. Countryside PA 17007 Boiling Springs, ,_ Exhibit B Rule Returnable issued by the Court OCT 2 b20DV4' } _, GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 06-5188 RULE entered u on Defendant(s) to show cause why the relief requested AND NOW, a rule is p in Plaintiff s Motion to Reassess Damages should not be granted. 'oh Rule returnable the )? day of Date: Exhibit C Plaintiff's Certification of Service of the Rule Returnable GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 :?Mq 215-825-6302 Attorney for Plaintiff CL-Mn? IN THE CO T AOIMON PLEAS M&T MORTGAGE CORPORATION Plaintiff of Crb unty vs. C T P?n TIMOTHY C. KEANE and NATALIE P. ACTION OF GAGE,,; KEANE ` FOREC -, 110E. Countryside Drive i.. Boiling Springs, PA 17007 Defendant(s) No. 06-518 I y J1 CERTIFICATION OF SERVICE OF RULE RETURNABLE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiffs Petition for Reassessment of Damages and Rule Returnable Dated November 15, 2007, stating the RULE is returnable FIFTEEN (15) days from the date of service was mailed by postage prepaid to Defendant(s) TIMOTHY C. KEANE & NATALIE P. ' first class mail, KEANE on November 19, 2007 @ 110 E. Countryside Drive, Boiling Springs, PA 17007. GOLDBECK CAFFE Y & McKEEVER By: Gary E. Cafferty, sq. 215-825-6 215-825-6442 ax Email: gmccafferty oldbecklaw.com Sworn bscri ed to me t 9 day vember, 2007 ?,VAN1A p NN GOM MONWEALY NOTARIAL of pW jdeiph'p ry Public ?? L. HOD, phila CouMY g? It 0 My commission Expires June r ' GOLDBECK McCAFFERTY& McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBECKLAW.COM November 19, 2007 TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Dri ve Boiling Springs, PA 17007 TIMOTHY C. KEANE & NATALIE P. enclosed for service upo n you Plaintiffs Petition for Reassessment of Damages I have able FIFTEEN (15 November 15, 2007, stating the RULE is return and Rule Returnable Dated al counsel to discuss this days from the date of service was mailed . Please contact your own leg RE: M&T MORTGAGE CORPORATION v KEANE Docket Number. 06-5188 Loan Number: 0006390603 Our File Number: MT-1070 petition. Very truly yours, GOLDBECK MCCAFFERTY & McKEEVER By: Jaclyn Jamieson McCafferty Legal Assistant to Gary 215-825-6369 215-825-6378 (fax) ii amieson@goldbecklaw.com )I c1 • ? GOLDBECK WCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDFNCF. CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 N% WW.GOLDBECKLAW.COM November 19, 2007 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: M&T MORTGAGE CORPORATION vs. TIMOTHY C. KEANE and NATALIE P. KEANE NO. 06-5188 Our file Number: MT-1070 To the Prothonotary: Kindly file Plaintiff's CERTIFICATION OF SERVICE OF RULE RETURNABLE with the Court and return a time-stamped copy in the pre-addressed and prepaid envelope provided. Very truly yours, GOLDBECK McCAFFERTY & McKEEVER By: Jaclyn Jamieson Legal Assistant to Gary McCafferty 215-825-6369 215-825-6378 (fax) 'Jamieson@goldbecklaw.com CC: TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 GOLDBECK McCAFFERTY & MCKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 VAM.GOLDBECKLAW.COM December 4, 2007 Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE:M&T MORTGAGE CORPORATION VS. TIMOTHY C. KEANE and NATALIE P. KEANE NO. 06-5188 Our File Number: MT-1070 To the Prothonotary: Kindly file Plaintiffs Motion to Make Rule Absolute with the Court and return a time- stamped copy in the enclosed self-addressed stamped envelope. Goldbeck McCafferty & McKeever By: Jaclyn Jamieson Legal Assistant to Gary McCafferty 215-825-6369 215-825-6378 (fax) jjamieson@goldbecklaw.com ?GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D. # 42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6342 M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE and NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) DEC 0 61D071 for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 --7 ORDER AND NOW, this 1 day of Q 007, upon consideration of the Petition of M&T MORTGAGE CORPORATION to Reassess Damages and Motion to Make Rule Absolute, it is, ORDERED: That the Rule is hereby made absolute and the petition is granted and Plaintiffs judgment is hereby reassessed to $296,512.89, plus interest at the rate set forth in the mortgage and note and costs of this action through the date of Sheriff's Sale or until the mortgage lien is paid in full. Distribution list: Gary E. McCafferty, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 TIMOTHY C. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE, 110 E. Countryside Drive Boiling Springs, PA 17007 12OF rep rn.'-L t 6c ? l 01,/7 D '-?J t4-a 07 ..w i is t F_ 1 LL ro M & T Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Timothy C. Keane and Natalie P. Keane Writ No. 2006-5188 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1350 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: Timothy C. Keane and Natalie P. Keane, by making known unto Natalie P. Keane, personally and wife of Timothy C. Keane, at 110 E. Countryside Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1350 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 Timothy C. Keane and Natalie P. Keane located at 110 E. Countryside Drive, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Timothy C. Keane and Natalie P. Keane by regular mail to their last known address of 110 E. Countryside Drive, Boiling Springs, PA 17007. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of M&T Bank s/b/m M&T Mortgage Corporation. It being the highest bid and best price received for the same, M&T Bank s/b/m M&T Mortgage Corporation of 1 Fountain Plaza, Buffalo, NY 14203 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,015.65. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 19.91 15.00 15.00 48.00 10.00 .50 2.00 9.60 15.00 30.00 395.00 346.22 14.92 25.00 39.50 $ 1,015.65 ? ?//? ?a F P J ua. Gi pwG ?„_ d o 3.2 /3 So Answer R. Thomas Kline, Sheriff BY c Real Estate Se eant Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff vs. TIMOTHY C. KEANE NATALIE P. KEANE (Mortgagor(s) and Record Owner(s)) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5188 AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, 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: 110 E. Countryside Drive Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 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: BENEFICIAL CONSUMER DISCOUNT CO. DB/A BENEFICIAL MORTGAGE CO. OF PA. 419 Village Drive Suite 2 Carlisle, PA 17013 BENEFICIAL MORTGAGE CO. OF PA 961 Weigel Drive Elmhurst, IL 30126 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 110 E. Countryside Drive Boiling Springs, PA 17007 Terrance J. McCabe 123 South Broad Street, Suite 2080 Philadelphia, PA 19107-1029 (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 unworn falsification to authorities. DATED: June 29, 2007 K McCAFFERTY & McKEEVER h A. Goldbeck, Jr., Esq. for Plaintiff 06-5188 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Term No. 06-5188 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: KEANE, TIMOTHY C. TIMOTHY C. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5188 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 either of the following numbers: 717-243-9400 or. 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) at 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 our toll free number at 1-866-413-2311 or via email at homeretentionAgoldbecklaw.com. Call Judy 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-1070. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 06-5188 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 Plaintiff VS. TIMOTHY C. KEANE NATALIE P. KEANE Mortgagor(s) and Record Owner(s) 110 E. Countryside Drive Boiling Springs, PA 17007 Defendant(s Term No. 06-5188 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: KEANE, NATALIE P. NATALIE P. KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 Your house at 110 E. Countryside Drive, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $262,399.88 obtained by M&T MORTGAGE CORPORATION 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, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. 06-5188 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 of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5188 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 either of the following numbers: 717-243-9400 or . 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) at 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 our toll free number at 1-866-413-2311 or via email at homeretention(a-,goldbecklaw.com. Call Judy 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-1070. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. All that certain tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East Countryside Drive, (50 foot right- of-way), said point being referenced from the centerline intersection of Jane Lane (50 foot right-of-way) and East Countryside Drive by the following: from said intersection along centerline of East Countryside Drive, South 87 degrees 18 minutes 49 seconds East, a distance of 163.00 feet to a point; thence across East Countryside Drive, North 02 degrees 41 minutes 11 seconds East, a distance of 25.00 feet to a point on the southern right-of-way line of East Countryside Drive at the southeast corner of Lot #38 and the point of beginning; thence along the East side of Lot No. 38, North 02 degrees 41 minutes 11 seconds East, a distance of 121.05 feet to a point; thence along the South side of Lot No. 33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 feet to a point; thence along the West side of Lot No. 40, South 02 degrees 41 minutes 11 seconds West, a distance of 121.05 feet to a point on the northern right-of-way of East Countryside Drive; thence along said right-of-way, North 87 degrees 18 minutes 49 seconds West, a distance of 134.00 feet to the point of beginning. Being Lot No. 39 of the Plan of Lots known as Misty Meadows, Phase 1 as recorded on the Office of Recorder of Deeds for Cumberland County, in Plan Book 77, page 95; containing 16,220.05 square feet. Subject to building and use restrictions set forth in Miscellaneous Book 606, page 1009. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 110 E. Countryside Drive Boiling Springs, PA 17007 SOLD as the property of TIMOTHY C. KEANE and NATALIE P. KEANE TAX PARCEL #40-10-0638-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5188 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION Plaintiff (s) From TIMOTHY C. KEANE & NATALIE P. KEANE (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 $262,399.88 Interest from 10/17/06 to date of sale at 6.7500% Atty's Comm % Arty Paid $170.90 Plaintiff Paid Date: 07-03-07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs A !l4 Cu s R. Long, P notary By: REQUESTING PARTY: Name JOSEPH A. GOLDBECK JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Deputy Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 AAA Real Estate Sale # 37 On August 16, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 110 E. Countryside Drive, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 16, 2007 By:J Q Real Estate Sergeant bZ .b V ?- -- r£ii' LOrN PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 37 Lis arie Coyne, Edit 1' Writ No. 2006-5188 Civil M & T Mortgage Corporation SWO TO AND SUBSCRIBED before me this vs. Timothy C. Keane and 9 day of November, 2007 Natalie P. Keane _ Atty.: Joseph Goldbeck DESCRIPTION , All that certain tract of land situ- Notar Notary ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point located on the northern right of way lien of East _ NOTARIAL SEAL Countryside Drive, (50 foot right-of- way), said point being referenced DEBORAH A COLLINS from the centerline intersection of Notary Public Jane Lane (50 foot right-of-way) and CARLISLE BORO, CUMBERLAND COUNTY East Countryside Drive by the fol- My Commission Expires Apr 28, 2010 lowing: from said intersection along centerline of East Countryside Drive, The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c?he atriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: F" aft" solo "M 37 10/24/07 WON" 20"00 CNNTwm Y_ Mor a t7orporra in 10131/07 T6no?y C. Kea and NOW* P. 11107107 . lceane Afly. Joseph Qoklbe* DtOM AD that main tract of hard nbuft is Sarah I on , Cmabeshed Cakmty, Sworn to a su cribe before me this 30 day of November, 2007 A.D. Pessnyhnia, bounded and deem-bed as i folbas: B at a goirnr iac w as the wd m 00 of wq _V? b Difiv, (3D Notary Public foot sum the owNshe wNbemon of km Lm (30 ? ? fum ad E0,10 vgy" D Ow , bf0p = said iisfa5eetiaa ails l? old l ll Sor& 87 1 COMMONWEALTH OF PENNSYLVANIA Noorial seal )KneinlltsiatnulaiA a distance ; - i James L. park, Notary Public im to a t oisk ftm W" East of 1 n Of C Camhyside Deice, N4602 dt ma k mindx I I seconds Bast, & d d"m'dZ.00 }0¢t to a m Jf COr 22 008 paintW*t wniem hot ** Goe'dFAA f Member, Pennsylvania Assoclatlon of Notaries CyantytideDrks tieaoeaieastcmffd1A Ili ta!# d oe dow tie sac db at Lt ft V I- 1M"- 41 ntintsea 11 , 0 ow _' Assignment of Bid NO. 06-5188 - KEANE 110 E. Countryside Drive Boiling Springs, PA 17007 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated December 05, 2007 to: M&T BANK SB/M M&T MORTGAGE CORPORATION 1 Fountain Plaza Buffalo, NY 14203 GOLDBECK MCCAFFERTY & MCKEEVER Date: December 12, 2007 JOSEPH A. GOLDBECK, JR. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 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 Dec A.D., 2007, under and by virtue of a writ Execution issued on the 3rd day of Jam, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5188, at the suit of M & T Mtg Corp against Timothy C Keane & Natalie P is duly recorded as Instrument Number 200801487. IN TESTIMONY WHEREOF, I have he?to set my hand and eal of said office this day of A.D. Rec rder of Deeds Records of Deals, Uun benand County. Cadisle, PA My Corn auion Expkse ft Fket Monday of Jan.2010