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HomeMy WebLinkAbout06-5189GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPA A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM /~ /CT J~~ / / / / can .,.~. ~ ~ ~ V 1. ~(>~ la ` t/v ~ ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS PO Box 840 Buffalo, NY 14240-0840 OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION -LAW ALFRED H. PHILLIPS Real Owner ACTION OF MORTGAGE FORECLOSURE 29 Harmony Hall Road Carlisle, PA 17013 Defendant Term ?1(~?•N~~T~'''~'C"E CIVIL AC pa~~C~,Q9l 1RF 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 aze 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 Plaintif£ 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 Cazlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADA5, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O 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 LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE PAPEL A 5U ABOGADO ENSEGUIDA. SI LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELIAFONO LA OFICINA FIJADA AQUY ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACIbN DE CbMO 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 O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cazlisle, 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 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.QOV 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 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-1056. Para informacion en espanol puede communicazse con Loretta al 215-825-6344. 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, PO Box 840, Buffalo, NY 14240-0840. 2. The name and address of the Defendant is ALFRED H. PHILLIPS, 3 South Stoner Avenue, Shiremanstown, PA 17011, who is the real owner of the mortgaged premises hereinafter described. Original mortgagor Arthur C. Phillips Jr. is deceased and is hereby released of record. On March 29, 2000 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to FARMERS TRU5T COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 970, Page 1107. The mortgage has been assigned to: M&T MORTGAGE CORPORATION by assignment of Mortgage, which has been lodged for recording. The Mortgage and assignment(s) aze 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 February O 1, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts aze due to Plaintiff on the Mortgage: Principal Balance Interest from 01/01/2006 through 09/30/2006 at b.1230% Per Diem interest rate at $5.05 Reasonable Attorney's Fee Costs of suit and Title Seazch Escrow Advance $30,113.44 $1,378.64 $2,000.00 $900.00 $1,083.54 $35,475.62 7. Plaintiff is not seeking a judgment of personal liability (or and "in nersonam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was dischazged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regulaz mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $35,475.62, together with interest at the rate of $5.05, per day and other expenses costs and charges incurred by the Plaintiff which aze 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: ~ U~- GOL BEC ~ McCAFFERTY & McKEEVER BY: SEPH A. GOLDBBCK, JRy ESQUIRE ATTO EY FOR PLAINTIFF VERIFICATION I, Taza 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 aze 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 unswom falsification to authorities. Date: Q /' ~~' 9 ~° ~ Taza Weller M&T Mortgage Corporation rE.xki6itA EXHI817 A Borrower: Mthur C. Pldalpa„k. a INrmorly w~ 7bae Grllab, PA 17eW Lender: Formers Trval l:amparry OM Weal Hipp s7raat P.O. Boa ta0 CaIIW,PA 7701 TRN 6me1 A b snactrd t0 anC M' tlrb raNranCa is mFEa a part of oath DeaO o7 Tru4 v MOnWOa, QatcA January b, tafa, ar10 eaeeutea In earrrracYon wIN a ban or atMr BrvncW aeopmmoaatbna belwaan FR1nan Tlaat CurnPanY an0 Arlhw G Phalpa, Jr.. ply 24~T certain lot of grotald situate in Middlesex ltiwrLShip, Clanbarlassd t7olatty, Pecuuylvenia, Il7oza ~ +^^~~*ly boutltled and describlici as foLlnwst BEGItNIIJG at a point 25 feet ftcYa the Center line of SHrn1onY Nall Paad at the southern line of a 50 foot right-of-ways thence a1a't9 the soutllerr7 lino of said 50 foot right of-s+ay, NDrth 67 dogreeB O1 minutes 30 seoot7de Fast 47.05 fast to a point of cuzves tllalca continuing dlorg the southern line of said 50 foot right-of-way a].asg a curve to the left having a zx7duis of 2,378.46 feet 1!n arc length Of 102.27 feat to a point at corner of lards t1CAd ar fontlerly of Etna M. Zeigler! thetlce alatg lands now qr Eornlerly of Et1ta M. Zeigler, tiauth 22 degrees 58 minutes 24 seconds East 102.19 feet to a point on tits dividing line between Iats Nos. 2 tBld 3 on the hereinafter mrsttiorled Plan of Lotai thence along said dividing lssle. Sputlt 67 fiogreea,01 minutes 36 seeofyde West 150 feet to a point 25 feet fcan the center line of Haatrny Hill Roads thence almg said mad (25 feet fxcm tine cutter line thexeof) North 22 derJrees 5B miulutea 24 semlda West 100 feet to a point, the place of BEGINNIN[). 1BQJrCA+ed with a brick and alu7littun rancher dweilistg, BEING Int No. 2 Ott the Plan of lots )mown as $utdivisiCUt for Etna M. Zeigler as reocrded in the office of file Recorder of Dcaeda ittand for Clultierlatd County, PeJUtaylvania in Plan 817nk 28 Page 111. SIJB.TFX.T to 15 foot utility easeuenta out the rear and sides, 35 feet front and rear set backs and 20 feet side sat backs, a9 sliolat m the aforesaid Plan. SE2NG the same premises which Calvin W. Roth, Jr, and Faye M. Roth and 8asilio John caballero conveyed to Arthur C. Phillips, Jr. by deed dated March 29, 1990 and recorded same date in Deed Book in the Recorder of Deeds Office for Cumberland County. THIS QlpelT A 1 BRED DM JA Y ai t I{ r A .[~T.,J7/ N,~~r. x, '1 Y~~,e~91 v.1 k+li' `r u.. '-w.w="al ~~_~ ur C. Phtllipa, Jf. ~ 7 y,_ r r ~''~~j " -.°. IFNt77:n: :'~: . ~~ FlrrmNS Tr7rat y J -- f ~ or ~`~ ~"wrIro~ r '' ---lair, Si0 ~A,..111~ ~~.~y6 , aewwrororevw.a,wlq iwo Cri eanx.eaww daup. me. a,rly,nna,wa %: c 9~w; ~a'1~19 5 Ezki6it B ©Mffi'M~ ~aN~~~ August 03, 2006 Alfred H. Phillips 29 Harmony Hall Road Carlisle, PA 17013 RE: Homeowner's Name(s): Arthur C Phillips Property Address: 29 Harmony Hall Rd Carlisle PA 17013 Loan Acet.No.: 0009787086 Curent Lender/ Servicer: M&T Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSIBTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTB IF YOU COMPLY WITH THE PROVISIONS OF THS HOMEOWNER'S EMEROENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE: ~ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • iF YOV HAVE A REA60NASLS PRO6PECT OP BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND +' IF YOV MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUBING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days form the date of this Notice. During Chia time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of Chia Notice. THZS MEETING MUBT OCCUR WITHIN THS NEXT (30) DAYS. IP YOU~DO NOT APPLY FOR EMERGENCY MORTGAGH ASSISTANCH, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OP THI6 NOTICE CALLED "HOW TO CURB YOUR MORTGAGE DHFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenicee listed at the and of Chia notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of delignat~d consumer credit counseling agencies for the country in which the property is located are set forth at the end of Chia Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, P.O. BOa 1288, BuBab. NV 11440, 718 BZe ]1110 806726 2221 Ab,tyaye eerourrt /n/ameWn. Jusf a Wi,~t awmy www.mandtmdlga0e.eom pM~TTM~ ANNpfYrvtY M6T WiiY, you have the right to apply for financial aasiatance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MVBT be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION POMPTLY. 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 IMMEDIATELY AND YOUR APPLICATION POR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage aasiatance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Aggency has (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing N'inance Agency of its decision on your application. F T ED PET T IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOVED NOT HE CONSIDERED AS AN ATTEMPT TO COLLECT THE DENT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CVRF. YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 29 Harmony Hall Rd Carlisle PA 17013 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGH PAYMENTS for Che following months and the following amounts are now past due: Regular monthly payments of $ 707.59 for the months of 02-29-06 through today's date. Other charges: Accrued late chargee:$ 38.40 Accrued other fees: $ 18.00 TOTAL AMOUNT PAST DUE: $ 3862.54 CL 954 P.O. aoz 1266, au6alo, NV 142x0, 716 8267010 800 726 2224 Mo/fg6pe aanYml ln~ortn66on,lwta cNCI` sway. wwwanantltmeripegc.wm © _•~^ ~ A HOW TO CURE TH8 DHFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice 8Y PAYING THE TOTAL AMOUNT PAST DUH TO TH8 LENDER, WHICH IS $ 3862.54, PLUS ANY MORTGAGB PAYFI@NNTS AND LATE CHARGES WHICH 88COME DUS DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier's check, certified check or money order made payable and sent to: M&T Mortgage Corporation P.O. Hox 62182 Attn: Payment Processing Baltimore, MD 21264-2182 You can cure any other default by taking the following action within THIRTY (30) Daye of the date of this letter: SF YOU I)D NOT CURB THE DEFAULT -- I£ you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full pa ant of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Zf the lender refers your case to its attorneys, but you cure the delinquencyy before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other zeasonable costa- Zf you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney a fees. OTHER LENDER REMEDIES -- The lender may also sue your personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and coats connected with the foreclosure sale and other coats connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. P.O. BOX 1288, BWhb, P7V td 240, 718 8287010 80D 72A 2224 Mwpeye attrowlin/omr~d2n,WdeO'kk eWlY www.menAerwhOepe.mm ®1VidIeMo~tgage c,~pot<atio~i nsue:eiuyawW yarn EARLSEST POSSIBLE SHERIFF'S SALE DATE -- It ie estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SO months from the date of this Notice. A notice o the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be contacting the lender. NOW SO CONTACT THE LENDER: Name of Lender: Merl Mortgage Corporation Address: P.O. Sox 840 Buffalo, NY 14240 Phone Number: 800-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or XX may not sell or tranaPer your home to aver or trana~eree who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and coats aze paid pricy to or at the sale and that the other requirements of the mortgage are eatiafi.ed. 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 BHHALF. ~ TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONE7LISTENCB OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSVIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIBVS YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE PEDERAL BANKRUPTCY LAW. 6incerel y, CL 955 Kriati ne Stark Enc: 41 F.O. sox 1288, Bulleeo, NY 14240, )10 624 J010 000 J242224 Obrtgape ecmum MhxmiNOn. /ust a UM* eweY. wwn'.rtrsntltmwlgepe.com ~~~ CUMBERLAND COUNTY HEMAP Colm9eling Agency Liaf as of 4/28/2003 Adams County Housing Authority . 739-743 CsAisle St. Geltyaburg, PA 17325 (777) 3341578 CCCS of Wastsm PA 200011nghstown Road Hartiaburg, PA 77102 (777)5!1.1757 Community Aetion Commission of Captial Raglon 1574 Deny Street Harrisburg, PA 77104 (717) 232757 Loveship, Inc. 2320 North 5th 3trest Hartisburg, PA 17110 (717) 232-2207 Mersnsths 43 Philadelphia Avenue Waynesboro, PA 17258 (717) 762.5295 PHFA 2101 NoRh Front Strnet Hartisburg, PA 17110 BOD.M2-2397 Urban Lesgus of Metropolifen Hbg 2107 N. 86r Street Harrisburg, PA 17101 (717) 2344925 Date: ACT 91 NOTICE 'TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LA NOTD?ICACION EN ADJUNTO ES DE SUMA DYIPORTANCIA, pUES~AFECTA SU D$R$C80 A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONT~NIDO, D$ $STA NOTIFICACION OBTENGA UNA UCCION OCY) SIN CARGOS AL NUMERO ON i4. PUED$B 9ER ELEG[BLE PARA UN PRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA P$RDII)A DEL DERECH O A REl]IMIIt SU 81POTECA. This Notlce contains hnportsat legal information. If yon have any geesthms, represeatath~es at the Conanmer Credit Caaoseliag Agency msy 6e abk to hdp expleln- it. You may also want to contact an atWrney fn your area. The kcal bar spoei:tioo may 6e abk to help yoo tlnd a lawyer. 716^ 3901 9841 3435 4516 ;;, ',: i f ~~ I~ N V 1 I r ~~u f~m 0 ,.: ~ ~~.~ ? ~ :~ -i~ (~ S b~ T J 1 . c , ~~ ti a~ i m a ,~~ ,'pa ~ 5T ~~ N ~~ 8 ~' '~ ~, ~~ 9 ` pQ ~. ~ '~' ~ I~ /v \\ ,v^yl` V Cy t i,, ~' ~' `-- N T V "d ~. +... ~ta'i ny ~' ~ ~: i ~-~. [ 7 r~. ~~ r~~~ r.:~; n ti IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY M&T MORTGAGE CORPORATION, CIVIL ACTION -LAW Plaintiff Case No.: 06-5189-Civil Term vs. ALFRED H. PHILLIPS, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $1,161.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, .Esquire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank_E. Youri r., Esquire Attorney for Def dant(s) CERTIFICATE OF SERVICE I certify that on the 9th day of October, 2006, I served a copy of the Answer to Plaintiff s Complaint upon the following by US first class mail, postage prepaid: Joseph Goldbeck, Jr., Esquire Suite 500 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Frank E. Yourick, .Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 ~ } c _ f`-; c-g ~'> .. . T I ,; ~,.~ .Y..i 1 ~ -, ~i -_ r _~ ~ ._ G"ti ._,i . ~ __ ~y. ~ -. - ; f ~f-;. In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIPS (Mortgagor(s) and ALFRED H. PHILLIPSRecord Owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. Ob-5189 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 ALFRED H. PHILLIPS IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 11/6/06. Assess damages as follows: Debt Interest from 10/01/2006 to Date of Sale Total (Assessment of Damages attached) $35,475.62 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN TAE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred an a east ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 n( Jr. AND NOW ~/10t) • l ~/ o?Q?~p ,Judgment is entered in favor of M&T MORTGAGE CORPORATION and against ALFRED H. PHILLIPS IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 11!6/06 and damages assessed in the sum of $35,475.62 er the above ce 'fication. Pro notary pry ~ c.^ -tr• _r, T --- .~ -'7 ~~ ~ (.., " ;.~~~w ~~ ~ Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIl'S (Mortgagors and ALFRED H. PHILLIPSRecord Owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) No. 06-5189 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 Prothono 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-1056 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 5, 2006 TO: ALFRED H. PHII.LIPS 29 Harmon}+ Hall Road Carlisle, PA 17013 M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. ALFRED H. PHILLIPS (Mortgagor(s) and Record Owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 TO: ALFRED H. PNILLII'S 29 Harmony Hall Road Carlisle, PA 170(3 In the Court of Common Pleas of Cumberland County CIVII. ACTION -LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE Term No. 06-5189 Defendant(s) iMP[1RTANT N(ITiC'F. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI1`I'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN V1~RTI'ING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WT'I~iIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE II~TERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 1ZvIPORTANT 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 RIDUCID FEE OR NO FEE. LEGAL SERVICES IN1CC 8 Irvine Row Carlisle, PA 17013 717-24}9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 i~'baiy Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 MT-1056 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. TO: ALFRED H. PHQ.LIP5 3 South Stoner Avetrue Shiremanstown, PA 17011 M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plainteff' vs. ALFRED H. PHILLIPS (Mortgagor(s) and Record Owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) TO: ALFRED A. PHILLIPS 3 South Stoner Avenue Shiremanstown, PA 17011 DATE OF THIS NOTICE: October 5, 2006 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5189 iMPnRTANT NnTT['F, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRTT'TEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITII~TG WITH THE COURT YOUR DEFENSES OR OBJEC'T'IONS 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. 1F 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 RIDUCED FEE OR NO FEE. LEGAL SERVICES Ixc s ~ RoW Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 I.ibaty Avawe Carlisle, PA 17013 MeC M VER B A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 -Mellon Indq~ardarce Caner 701 Market Shoot Philadelphia, PA 19106 21527-1322 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, ALFRED H. PHILLIPS, is about unknown years of age, that Defendant's last known residence is C/O FRANK E. YOURICK, JR., ESQUIREP.O. BOX 644, MURRYSVILLE, PA 15668, 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' Civil Relief Action of Congress of 1940 and its Amendments. Date : v b~Q ll~ 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 PO Box 840 Buffalo, NY 14240-0840 vs. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County ALFRED H. PHILLIPS (Mortgagor(s) and ALFRED H. PHILLIPSRecord owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5189 ORDER FOR JUDGMENT Please enter Judgment in favor of M&T MORTGAGE CORPORATION, and against ALFRED H. PHILLIPS IN ACCORDANCE WITH THE CONSENT JUDGMENT DATED 11/6/06, in the sum of $35,475.62. ~ldbeck, Jr. Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last known address(es) of the Defendant(s) is/are ALFRED H. PHILLIPS, C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668; BY: Plaintiff QTY & McKEEVER Jr. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $30,113.44 Interest from 01/01/2006 through $1,378.64 09/30/2006 Attorney's Fee at 0.0100% of principal $2,000.00 balance Late Chazges $0.00 Costs of Suit and Title Seazch $900.00 Escrow Advance $1,083.54 ($0.00) $35,475.62 K McCAFFERTY & McKEEVER A. Goldbeck, Jr. • Plaintiff AND NOW, this day of , 2006 damages aze assessed as above. Pro P thy ~ .~ =~, ~_ 1e~ .....} ~_ ~`. b ` ~~ ~-~a `a ;. ,P,~ - _-; ~4_, y' `~' rh, ~ - .~ ._ ~~ ~... ~ ~'` v ~~ a ~ GOLDBECK MCCAFFERTY &MCKEEVER t Page 2 of 3 GOLDBECK MCCAFFERTY &MCKEEVER BY: Michael T. McKeever, Esquire Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIPS Mortgagor and Record Owner 29 Harmony Hall Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS of Cumberland County No. 06-5189 CONSENT JUDGMENT AND NOW, it is hereby stipulated and agreed by and between the undersigned as follows: 1. Judgment in Mortgage Foreclosure is entered in favor of Plaintiff, M&T Mortgage Corporation, and against Defendant, Alfred H. Phillips, damages to be assessed in accordance with the demand in the Complaint. Plaintiff reserves the right to petition the Court to reassess its damages prior to any Sheriff s sale; 2. The subject property may be sold at the March 7, 2007 Cumberland County Sheriff's sale Monday, October 30, 2006 America Online: FEYPGH GOLDBECK MCCAFFERTY & MCKEEVER r .,1 or any subsequent date; Page 3 of 3 3. Defendant retains the right to reinstate and/or payoff the mortgage in question at anytime prior to a Sheriff s Sale, if any, in accordance with the mortgage documents; 4. Defendant has no defenses to this action and does not intend to interpose any answer herein and specifically waives the right to do so and any and all defenses, which might otherwise have been contained therein. 5. Plaintiff and Defendant agree that any sums advanced by Plaintiff after the entry of this judgment in mortgage foreclosure shall become a part of the judgment Iien. 6. This Consent Judgment represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel. Date: ~ t ~ 0 ichael T. cKeever, Esquire Attorney for Plaintiff Date: ~~ l~rafik E. Yourick, 3~ Esquire Attorney for Defendant 2 2 Monday, October 30, 2006 America Online: FEYPGH - <r. , ---t ` W Tt _ .~ ~ ~= , - _. 4~Y S r,~ ~' ~~~ f7 C~3 -_.~ -~~ ~~ --C l PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. ALFRED H. PHILLIPS Mortgagor(s) and ALFRED H. PHILLIPSRecord Owner(s) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/01/2006 to Date of Sale at 6.1230% (Costs to be added) $35,475.62 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5189 ' McCAFFERTY & McKEEVER ~. Goldbeck, Jr. Plaintiff ,-. ,-. y ~../ 5-i ~ z 0 b o '~ ~ °V' U , a H ~ ~ z ~ ~Nb p t+1 W .-. ° aaxo w coo O ox.axd ';' U d ~.a F o~ d > AA ~:~ z~ ~ ~~ ~~ w o ~ ~~N ~ ~ ~ ~ V E" ~ ~ ~ ~ o. on 0 ... b 0 Q ~. >~ ~U x a ,~ ~~ o ~~~'~N ~ M ~'b`~'a^ d~°'~;~ ~o~a~ V ~ O A N ~- ~o a 0 ~~ c~ All that certain lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point 25 feet from the center line of Harmony Hall Road at the southern line of a 50 foot right-of--way; thence along the southern line of said 50 foot right-of--way North 67 degrees Ol minutes 30 seconds East 47.85 feet to a point of curve; thence continuing along the southern line of said 50 foot right-of--way along a curve to the left having a radius of 2,378.46 feet an arc length of 102.27 feet to a point at corner of lands now or formerly of Etha M. Zeigler; thence along lands now or formerly of Etha M. Zeigler, South 22 degrees 58 minutes 24 seconds East 102.19 feet to a point on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 67 degrees O1 minutes 36 seconds West 150 feet to a point 25 feet from the center line of Harmony Hill Road; thence along said road (25 feet from the center line thereof) North 22 degrees 58 minutes 24 seconds West 100 feet to a point; the place of beginning. Improved with a brick and aluminum rancher dwelling. Being Lot No. 2 on the Plan of Lots known as Subdivision for Etha M. Zeigler as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 28 page 111. Subject to 15 foot utility easements on the rear and sides, 35 feet front and rear set backs and 20 feet side set backs, as shown on the aforesaid Plan. TAX PARCEL #: 21-19-1637-030 PROPERTY ADDRESS: 29 HARMONY HALL ROAD, CARLISLE, PA 17013 ~ r rt- a t , ./~ v t-~ `~,~ ~, f~l _ g •-C ti ~ ,~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5189 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T Mortgage Corporation PO Box 9840 Buffalo, NY 14240-0840 Plaintiff (s) From Alfred H. Phillips Mortgagor(s) and Alfred H. Phillips Record Owner(s) 29 Harmony Hall Road Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $35,475.62 L.L.$.50 Interest from 10/01/2006 to date of Sale at 6.1230% Atty's Comm % Due Prothy $1.00 Atty Paid $114.40 Other Costs Plaintiff Paid Date: November 14, 2006 (Seal) C s R. Long,,P o tart' By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Goldbeck, McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 ~. ~oldbeck 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 PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIl'S (Mortgagor(s) and ALFRED H. PHILLIPSRecord Owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5189 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: 29 Harmony Hall Road Cazlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 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 Cazlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfaze Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTS/OCCUPANTS 29 Harmony Hall Road Cazlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA-DEPARTMENT OF REVENUE, INHERITANCE TAX DIVISION 1131 STRAWBERRY SQUARE 6TH FLOOR HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE- SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FL SUITE 1300 PITTSBURGH, PA 15222 (attach sepazate 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 aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 10.2006 :~vIcCAFFERTY & McKEEVER 9( Goldbeck, Jr., Esq. Plaintiff '~~ ~' ,~ , UT, c':~ ~ ~~ ~ ~ _ , "„ -n -- .6,... ~_. ..~ # ~ . -; i? -, ! , ~ '=1=`: {'_ :l ;"~~Y ` r-"' .% ~~y ~~~ ~ 06-5189 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 PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff vs. ALFRED H. PHILLIl'S Mortgagor(s) and PHILLIPS, ALFRED H.Record Owner(s) 29 Harmony Hall Road Carlisle, PA 17013 Defendants; of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5189 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: PHILLIPS, ALFRED H. ALFRlD H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 Your house at 29 Harmony Hall Road, Carlisle, PA 17013 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 $35,475.62 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. '' ~ 06-5189 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 maybe 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 maybe 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 Cazlisle, PA 17013 C' i ~~ r.~a i~ C_- ~ 'T7 _- ~ s ~.-' t~Y c _. i'i~i C::~ "~ =t -, hJ "' ; w-C SHORT DESCRIPTION . IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 29 Harmony Hall Road Carlisle, PA 17013 SOLD as the property of ALFRED H. PHILLIl'S TAX PARCEL #21-19-1637-030 ` `=n r_ * ~~ -., ~^ ~ 4 a..,... ^ ~{ ti "... _ i r ~ ,~~ ~Z r,,,..~ :,:ie. ('w^ s All that certain lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point 25 feet from the center line of Harmony Hall Road at the southern line of a 50 foot right-of--way; thence along the southern line of said 50 foot right-of--way North 67 degrees O1 minutes 30 seconds East 47.85 feet to a point of curve; thence continuing along the southern line of said 50 foot right-of--way along a curve to the left having a radius of 2,378.46 feet an arc length of 102.27 feet to a point at corner of lands now or formerly of Etha M. Zeigler; thence along lands now or formerly of Etha M. Zeigler, South 22 degrees 58 minutes 24 seconds East 102.19 feet to a point on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 67 degrees O1 minutes 36 seconds West 150 feet to a point 25 feet from the center line of Harmony Hill Road; thence along said road (25 feet from the center line thereof) North 22 degrees 58 minutes 24 seconds West 100 feet to a point; the place of beginning. Improved with a brick and aluminum rancher dwelling. Being Lot No. 2 on the Plan of Lots known as Subdivision for Etha M. Zeigler as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 28 page 111. Subject to 15 foot utility easements on the rear and sides, 35 feet front and rear set backs and 20 feet side set backs, as shown on the aforesaid Plan. TAX PARCEL #: 21-19-1637-030 PROPERTY ADDRESS: 29 HARMONY HALL ROAD, CARLISLE, PA 17013 <~ ~~ ~1 ~...~ ,',. ' ~''. rt _..-- ~ ~~, 44 ~ "~^ •- ._ SHERIFF'S RETURN - REGULAR CASE N0: 2006-05189 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS PHILLIPS ALFRED H MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon PHILLIPS ALFRED H the DEFENDANT at 0019:35 HOURS, on the 14th day of September, 2006 at 29 HARMONY HALL ROAD CARLISLE, PA 17013 ALFRED PHILLIPS by handing to 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 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32 .40 / to/oYJOG Sworn and Subscibed to before me this day So Answers: ~/ i~~~-rxe~t ~~~ e ?~ R. Thomas Kline 09j15j2006 GOLDBECK, MCCAFFERTY, MCKEEVER By: Deputy Sh i of A.D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. At*prney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106-1532 215-627-1322 MT-1056 CF: 09/06/2006 SD: 03/07/2007 $35,475.62 M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIPS Mortgagor(s) and ALFRED H. PHILLIPSRecord Owner(s) 29 Harmony Hall Road Cazlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (21 Term No. 06-5189 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certif ed Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. es ectfu u e BY Jo h A. old eck, Jr. At orn for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE a~i ~. ~~ ~~ mu ~$ ~~ i ~ ~- ~.~ ~ a ~~ %~~~ ~~ ~~ ~~~. I~! ~ t~~l ~~4~I ~~ _~~ o. d t~ ~v~'' t' Q r~ ~n i r~ ~' w u1 i :; r ^~. e hx R•,a~ o ~ti i ~ -,, ~ r ~. ''~ 4,,. - ,,g • V r~ b~ ; :~, o ~~ ~~ cr `'~ ~`r~311Nn ~~ cy $ U d~ ZK W~ >S a ~ ? u- l ~~ ~Z ~ r.. m~ ~ 2~ ~ ~ ~ ~~ ~ ~ W W C. N ~" ~~ ~ d ~i ~ n. ~ 44 OW ~ ~T ow = , I O a $ 1.vN 1 ~ W ~ ~ V ~ ~ c~ ~ ~ ~ aW ~ ~ ~ ~ ~ ~~~ ~~~~ ~ ~ ~„ UC s 3 ~ U v c ~ c N~XO~ W ~~i ppCJO ~' tD .G ovav 4 ~ m 0.mz i ~m i ~~ F ~:` 0 ~_ ~~~~~~ W~~ ~QW~~p ~Jtrtim r N 0 G ~N d tfi W ~ N ~W ~ Q ~~a a ;~ Y '~~~ w`-°`m 1111 r !- a. o N ~' ~.. U 0 a a ~. i '~ egg N a ~ .r0 •g ~ '~ ~, a I ~ ~ -~rs 0 ` ~$ LL ~ ~~~ a ~ ~~ N a =n. W ti 4 CplA\ "~ I,.~ c.. `d~'; `' 2 `~ w _ a c ~~ ~ ~ ~ ~~ ~N oa~° 0 E 0 a K1 ~ o U ~~ ~ p o N ~~~ ~ V ~~ `~oa~ ~ Q, ~ 4i Z ° Uvd oo°° ~m y ~ ° a o va m m c 0 c E M N C. N a a. G _~ C m O G ~d+ i m E v a a ~` ~, ~ N ^ ' as ~ o r ` ~ o QO ~ ' $ Z ?T` e~~q} y~ 5 ~v °o ~ d N R i I ~~ ~ I ~. ~ 1 ~ ~° r ~I ~~~ Z ~ il- ~ ~ ~~ ~~ a N "~ I` 4 I ' ~. ' cq ~ ~ Y c~ j ~~ ~~ ~ ~ ~id' ~~ 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 PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS vs. ALFRED H. PHQ,LIPS Mortgagor(s) and ALFRED H. PHILLIl'SRecord Owner(s) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5189 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: 29 Harmony Hall Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: COLONIAL CREDIT CORP. PO Box 1845 Rockville, MD 20850 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 Iast recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: PHILLIPS, ALFRED H. 3 South Stoner Avenue Shiremanstown, PA 17011 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 maybe affected by the sale. DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTS/OCCUPANTS 29 Harmony Hall Road Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA-DEPARTMENT OF REVENUE, INHERITANCE TAX DIVISION 1131 STRAWBERRY SQUARE 6TH FLOOR HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE- SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FL SUITE 1300 PITTSBURGH, PA 15222 (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: February 21, 2007 BY: ~osep A. Goldbeck, Jr., Esq. Attorney r Plaintiff (°1 ra C7 C ,' ~ ~(1 ,, '71 ~,~. -~ ~i --i + } ~ L `, ~7 ~,.,,. ~ } ~ ~. ~1 _~ y .~ iy ~ 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 Green Ridge Leasing LLC is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5189, at the suit of M & T Mtg Corp against Alfred H Phillips is duly recorded in Deed Book No. 279, Page 3077. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~ day of A.D. ~tv o of Deeds gsoorder of Delos. ~umuer~arW Cour-h6 X10 My Comi~ion F.>~f ~e Fist Monday M&T~Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Alfred H. Phillips Writ No. 2006-5189 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Alfred H. Phillips, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Westmoreland County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1124 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 Alfred H. Phillips located at 29 Harmony Hall Road, Carlisle, Cumberland County, Pennsylvania according to law. 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 March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $110,000.00 to W. Wade Kelly, on behalf of Green Ridge Leasing, LLC. It being the highest bid and best price received for the same, Green Ridge Leasing LLC, of 6375 #8 Basehore Road, Mechanicsburg, PA 17050 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 114,460.66. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Out of County Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed R. Thomas Kline, Sheriff $30.00 2200.00 15.00 15.00 48.00 10.00 .50 1.00 4.40 3.09 9.00 15.00 20.00 355.00 352.52 16.83 25.00 39.50 $ 3159.84 •/ '~'~~ s'/r~ 7 !~~ ~~ cri~ ~~ ~'~ ~ 5' &~~~ '! 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 PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIPS (Mortgagor(s) and ALFRED H. PHILLIPSRecord Owner(s)) 29 Harmony Hall Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CNII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. Ob-5189 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: 29 Harmony Hall Road Carlisle, PA 17013 ] .Name and address of Owner(s) or Reputed Owner(s): ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 2. Name and address of Defendant(s) in the judgment: ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which maybe 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 maybe affected by the sale. DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTSIOCCUPANTS 29 Harmony Hall Road Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA-DEPARTMENT OF REVENUE, INHERITANCE TAX DIVISION 1131 STRAWBERRY SQUARE 6TH FLOOR HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE- SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVENUE, 13TH FL SUITE 1300 PITTSBURGH, PA 15222 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 10.2006 GO DB K cCAFFERTY & McKEEVER BY Jos .Goldbeck, 3r., Esq. Att rnev f r Plaintiff Ob-5189 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Sireet Philadelphia, PA 19106 215-627-1322 Attomey for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. ALFRED H. PHILLIPS Mortgagor(s) and PHILLIPS, ALFRED H.Record Owner(s) 29 Harmony Hall Road Carlisle, PA 17013 Defendants; of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5189 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: PHILLIPS, ALFRED H. ALFRED H. PHILLIPS C/O FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 1566$ Your house at 29 Harmony Hall Road, Carlisle, PA 17013 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 $35,475.62 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 TILE COURT OF COMMON PLEAS 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. 06-5189 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 maybe 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. ff 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5189 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T Mortgage Corporation PO Box 9840 Buffalo, NY 14240-0840 Plaintiff (s) From Alfred H. Phillips Mortgagor(s) and Alfred H. Phillips Record Owner(s) 29 Harmony Hall Road Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing tl•~ereof; (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 $35,475.62 L.L.$.50 Interest from 10!01/2006 to date of Sale at 6.1230% Atty's Comm % Due Prothy $1.00 Atty Paid $114.40 Other Costs Plaintiff Paid Date: November 14, 2006 (Seal) Curt' .Long, Pr otary By: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. Address: Goldbeck, McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 53 On November 30, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 29 Harmony Hall Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2006 B Real Es a Sergeant ~'. 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 S 12 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 .................... ..~~. ......!~ 2Q07 n COPY Sworn to and sub rib d e ogre me tCOMMONWEALTH ~F~~~NNSYLV~N~ SALE #53 Notarial seal Terry L. ssell, N Public City Of H sburg, au m County My f :nmrr>s'bn E it June 6, 2010 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~d~ ~,l u,,,. ~ e~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929}, P. L.17$4 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. Marie Come, Editor WORN TO AND SUBSCRIBED before me this 9 day of February P~CTARIaL REAL ' ~C':~ E. vIVYDER, Notary Pubtic Cariisie Coro, Cumberland County x~.;ty C~+mmission E~~ires March 5, 2009 REAL F~TAT16 >RALR 1rO. !3S Writ No. 2006-5189 Civil M&'I' Mortgage Corporation vs. Alfred H. Phillips Atty.: Joseph Goldbeck All that certain lot of ground situ- ate in Middlesex Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point 25 feet from the center line of Harmony Hall Road at the southern line of a 50 foot right- of-way; thence along the southern line of said 50 foot right-of-way North 67 degrees O1 minutes 30 seconds East 47.85 feet to a point of curve; thence continuing along the southern line of said 50 foot right-of--way along a curve to the left having a radius of 2,378.46 feet an arc length of 102.27 feet to a point at corner of lands now or formerly of Etha M. Zeigler; thence along lands now or formerly of Etha M. Zeigler, South 22 degrees 58 min- utes 24 seconds East 102.19 feet to a point on the dividing line be- tween Lots Nos. 2 and 3 on the here- inafter mentioned Plan of Lots; thence along said dividing line, South 67 degrees O1 minutes 36 seconds West 150 feet to a point 25 feet from the center line of Har- mony Hill Road; thence along said road (25 feet from the center line thereof} North 22 degrees 58 min- utes 24 seconds West 100 feet to a point; the place of beginning. Im- proved with a brick and aluminum rancher dwelling. Being Lot No. 2 on the Plan of Lots known as Subdivision for Etha M. Zeigler as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 28 page 111. Subject to 15 foot utility ease- ments on the rear and sides, 35 feet front and rear set backs and 20 feet side set backs, as shown on the aforesaid Plan. TAX PARCEL #: 21-19-1637-030. PROPERTY ADDRESS: 29 HAR- MONY HALL ROAD, CARLISLE, PA 17013. SCHEDULE OF DISTRIBUTION SALE N0.53 Date Filed: April 5, 2007 Writ No. 2006-5189 Civil Term M & T Mortgage Corporation VS Alfred H. Phillips 29 Harmony Hall Road Carlisle, PA 17013 Sale Date: March 7, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $ 110,000.00 Real Debt: $35,475.62 Interest: 929.76 Attorney Costs: 114.40 Total: $36,519.78 DISTRIBUTION: Receipts: Cash on account (11/30/2006): Cash on account (03/07/2007): Cash on account (03/23/2007) $ 1,500.00 11,000.00 103,460.00 Total Receipts: $115,960.00 Disbursements: Sheriffs Costs $ 3,159.84 Legal Search 200.00 Local Transfer Tax 1,030.33 State Transfer Tax 1,030.33 Penny Davis, Tax Collector 295.39 Middlesex Township 252.01 Attorney Joseph Goldbeck 1,500.00 M & T Mortgage Corporation 36,519.78 Colonial Credit 13,534.69 Discover Bank 1,531.36 Alfred H. Phillips 56,906.27 Total Disbursements: $ (115,960.00) Balance For Distribution: $ 0.00 So Answer R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE N0.53 Held: Wednesday, March 7, 2007 Date: March 7, 2007 TAXES: Receipts for all taxes for the years 2004 to 2006 inclusive. Taxes for the current year 2007. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2007, and recorded 2007, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Alfred H. Phillips, Executor of the Estate of Arthur C. Phillips, Jr., by deed dated July 1, 2002, and recorded July 5, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 252, Page 2739, granted and conveyed Alfred H. Phillips, single man. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. ~ _, 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Harmony Hall Road. 6. Easements, restrictions, and conditions as shown on or set form with the Plan of Subdivision for Etha M. Zeigler, recorded in Plan Book 28, Page 111. 7. Subject to a 15 foot wide utility easement along the rear and side property lines as set forth in Deed Book 252, page 2739. 8. Building setback lines as imposed by deed recorded in Deed Book 252, page 2739. 9. Mortgage in the amount of $52,000.00 given by Arthur C. Phillips, Jr., to Farmers Trust Company dated March 29, 1999 and recorded March 29, 1990 in Mortgage Book 970, Page 1107. 10. Complaint in mortgage foreclosure filed by M & T Mortgage Corporation as Plaintiff, against Alfred H. Phillips as Defendant, in the Office of the Prothonotary of Cumberland County, on September 6, 2006 to File No. 2006- 5189. Judgment in the amount of $35,475.62 entered November 14, 2006. Complaint filed by Colonial Credit Corporation as Plaintiff against Alfred Phillips as Defendant on October 31, 2006, to File No. 2006-6359. Judgment in the amount of $13,369.86 entered December 27, 2006. 1=1. Complaint filed by Discover Bank as Plaintiff against Alfred H. Phillips as Defendant on January 16, 2007 to File No. 2007-257. Judgment in the amount of $1,5531.36 entered March 2, 2007. 12. Municipal lien filed my Middlesex Township Municipal Authority as Plaintiff against Alfred H. Phillips as Defendants on March 2, 2007 to file no. 2007-1150 in the amount of $173.26. 13. Possible claims against the estate of Arthur C. Phillips Jr., Deceased, including possible inheritance tax due to the Commonwealth of Pennsylvania or estate tax due to the United States Department of Treasury. 14. Rights granted to the United Telephone Company of Pennsylvania by instrument recorded June 30, 1978 in Miscellaneous Record Book 236, Page 368. 15. Rights granted to the United Telephone Company of Pennsylvania by instrument recorded June 30, 1978 in Miscellaneous Record Book 158 Page 259, Book 169, Page 858, and Book 236, Page 368. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 17. Real estate taxes accruing on and after July 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~.~ _ Robert G. Frey, Agent Note: This Title Report shall not be va ' o binding until countersigned by an authorized signatory. ', REAL ESTATE SALE NO. 63 Writ No. 2006-5189 Civil M8t1' Mortgage Corporation vs. Alfred H. Phillips Atty.: Joseph Goldbeck .All that certain lot of ground situ- ate in Middlesex Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point 25 feet from the center line of Harmony Hall Road at the southern line of a 50 foot right- of-way; thence along the southern line of said 50 foot right-of--way North 67 degrees O1 minutes 30 seconds East 47.85 feet to a point of curve; thence continuing along the southern line of said 50 foot right-of--way along a curve to the left having a radius of 2,378.46 feet an arc length of 102.27 feet to a point at corner of lands now or formerly of Etha M. Zeigler; thence along lands now or formerly of Etha M. Zeigler, South 22 degrees 58 min- utes 24 seconds East 102.19 feet to a point on the dividing line be- tween Lots Nos. 2 and 3 on the here- inafter-mentioned Plan of Lots; thence along said dividing line, South 67 degrees O1 minutes 36 seconds West 150 feet to a point 25 feet from the center line of Haz- mony Hill Road; .thence along said road (25 feet from the center line thereof) North 22 degrees 58 min- utes 24 seconds West 100 feet to a point; the place of beginning. Im- proved with a brick and aluminum rancher dwelling. Being Lot No. 2 on the Plan of Lots known as Subdivision for Etha M. Zeigler as recorded in the Oillce of the Recorder of Deeds in and for Cumberland County; Pennsylvania in Plan Book 28 page 111. Subject to 15 foot utility ease- ments on the reaz and sides, 35 feet fi ont and reaz set backs and 20 feet side set backs, as shown on the aforesaid Plan. TAX PARCEL #: 21-19-1637-030. PROPERTY ADDRESS: 29 HAR- MONY HALL ROAD, CARLISLE, PA 17013. ? I ~Z u ~ i t"!i~ ICOI