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HomeMy WebLinkAbout03-2812IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS, JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 Defendant CIVIL ACTION. MORTGAGE FORECLOSURE 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 You have b, een s. ued in court. If you wish to d~d against the claims set forth in the following pages, you must taKe ac[ion within twenty (20) days after this comp ant and notice have been served. To defend against the aforementioned claims a written appearance slat ng your defenses and Objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned (hat if you fail to take action against these claims the court may proceed w thout you ancra judgment for any money claimed in the complaint or for any other cia m required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights mportant to you. YOU SHOULD TAKE THIS PAPER TO YOURLAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, 4th Floor, Cumberland County Courthouse, Carlisle, PA 17013 (717) 240-6200 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICI.Oc~,~..YA E TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENT,,R'A ESCE D, DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: / C CUMBERL'-A~D CQ1JNTY/ ourt Administrator, 4th Floor, C~ FRANK L. MAJC~ ATTORNEY FO~ ATTORNEY I.D~ NOTICIA , Le hah demandado a usted en la corte ~quiere defenderse de estas damandas expuastas en ~as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escr ta o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objec ones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, a corte tomara medidas y puede entrar una orden contra usted sin previo av~so o notificacion y por cualquier queja o alivio que espedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI $ONAO LLAME POR ~) PARA AVERIGUAR ' lisle, PA 17013 ~pNL R., ESQUIRE LAINTIFF ~17638 FRANK L. MAJCZAN, JR., ESQUIRE Attorney I.D. No. 17638 3644 Route 378, Suite A Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION · ,,,0. - ' CIVIL ACTION. MORTGAGE FORECLOSURE COMPLAINT Plaintiff, ClTIFINANCIAL SERVICES, INC., by its counsel, FRANK L. MAJCZAN, JR., ESQUIRE, respectfully presents the following Complaint for consideration by Your Honorable Court: 1. Plaintiff, CitiFinancial Services, Inc., is a lending institution which maintains an office for the conduct of its business at 7467 New Ridge Road, Suite 200, Hanover, Maryland 21076. 2. Defendant, Judith A. Stafford, is an adult individual whose last known address is PO Box 13, Newburg, Pennsylvania 17240 and/or 60 East Creek Road, Newburg, Pennsylvania 17240. 3. On April 3, 2001, Defendant made, executed and delivered a Disclosure Statement, Note and Secudty Agreement, secured by a Mortgage executed by Defendant, upon premises hereinafter described, to Plaintiff in the amount of Eighty-One Thousand Four Hundred Seventeen and 64/100 ($81,417.64) Dollars, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Book 1683, Page 650. Copies of said Mortgage and Disclosure Statement, Note and Security Agreement are attached hereto, collectively marked Exhibit "A", and are intended to become a part hereof. 4. Said Mortgage has not been assigned. 5. The premises subject to said Mortgage is described as follows: SEE EXHIBIT "B" ATTACHED HERETO 6. Defendant is in default under the terms of said Mortgage in that she has failed to make full payments from December, 2002, to the present, pursuant to said Mortgage as outlined in Paragraph Nine (9) below, and the Plaintiff does hereby exemise its right to accelerate the payment of debt and to demand payment in full thereon. -2- 7. Notice was mailed to Defendant according to the provisions of Act 160 of 1998 (previously known as Act 91 of 1983 and Act 6 of 1974) on May 6, 2003. A copy of said Notice is attached hereto, marked Exhibit "C", and is intended to become a part hereof. 8. Plaintiff is entitled to be reimbursed for reasonable attorney collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto. December 9, The following amounts are due on account of said Mortgage as of 2002: Principal of Mortgage debt due and unpaid ............ $85,011.23 Interest from 10/21/02 up to and including 6/10/03---- $ 4,933.55 (Each day add Twenty-one and 18/100 ($2t .16) Dollars after June 10, 2003) Costs to date .................................................... $ 225.00 Add-On Fees and Costs ...................................... $ 3,628.44 Late Charges .................................................... $ 619.36 Attorney fees (anticipated and actual to Five (5%) percent of the principal) ....................... $ 4,250.57 TOTAL $ 98,668.15 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff demands Judgment against Defendant, pursuant to this Complaint, in the amount of Ninety-Eight Thousand Six Hundred Sixty-Eight and 15/100 Dollars ($98,668.15), -3- together with interest at the contract rate of Twenty-one and 16/100 ($21.16) per diem from June 10, 2003, together with other charges and costs incidental thereto to the date of Sheriff's Sale and all costs of suit. DATED: JUNE10,2003 FRANK L ATTORI~ ATTORh N, JR., ESQUIRE A IR PLAINTIFF NO. 17638 VERIFICATION I, Jana Gantt, Foreclosure Analyst, of CITIFINANCIAL SERVICES, INC. , hereby verify that the statements made in Plaintiff's Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: 6/10/03 Jane"Gantt, Foreclosure Analyst After recording, return to: CITIFINANCIAL SERVICES, INC. 949 WAYNE AVE CHAMBERSBURG PA 17201 OF DEEDS COUNTY-PA '01 R?R 6 PM 2 i8 THIS MORTGAGE is made this JUDITH A STAFFORD [ MORTGAGE 3rd dayof April , 2001 , between the Mortgagor, (herein "Borrower"), and the Mortgagee, CITIFINANCIAL SERVICES, INC. a corporation organized and existing under the laws of Pennsylvania whose address is 949 WAYNE AVE CHAMBERSBURG PA 17201 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 81,417.64 , which indebtedness is evidenced by Borrower's note dated 04 / 03 / 2001 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 04/09/2031 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with the interest thereon, advanced in accordance herewith to protect the seourity of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND , State of Pennsylvania: ALL THAT CERTAIN PARCEL OF LAND IN THE TOWNSHIP OF HOPEWELL, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 233, PAGE 179, ID NUMBER 11 09 0507 041, BEING KNOWN AND DESIGNATED AS A METES ARD BOUNDS PROPERTY BY FEE SIMPLE DEED FROM AARON V ESH AND BETTY J ESH, HUSBAND AND WIFE, AS SET FORTH IN DEED BOOK 233 PAGE 179, DATED 10/27/2000 AND RECORDED 11/02/2000, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. TOTAL CONSIDERATION IS $78,000.00. BEING premises which are more fully described in a deed dated the 27th day of OCTOBER , 2000 , and recorded in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Record Book 233 , Volume , Page 179 PA0042-8 712000 Original (Recorded) Copy(Branch) Copy(Customer) Page I of 7 EXHIBIT "A" JUDITH A STAFFORD 201889 04/03/2001 TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein 'Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit developmem assessments, if any) which may attain priority over this Morfgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that imerest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lendgr first iu paymant of amounts payable to PA0042-8 7/2000 Original(Recorded) Copy(Branch) Copy(Customer) Page2of7 JUDITH A STAFFORD 201889 04/03/2001 Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. · In the event of loss, Borrower shall give prompt notice to the insurance cartier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice fr6m Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condcnmation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of PA0042-8 7/2000 Original(Recorded) Copy(Branch) Copy(Customer) Page 3 of 7 JUDITH A STAFFORD 201889 04/03/2001 condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all'of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial lnter~t in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in foil of ali sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is PA0042-8 7/2000 Original(Recorded) Copy(Branch) Copy(Customer) Page4of7 JUDITH A STAFFORD 201889 04/03/2001 prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applirable law specifying, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breech, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. PA 0042-8 7/2000 Original (Recorded) Copy (Branch) Copy (Customer) Page 5 of 7 JUDITH A STAFFORD 201889 04/03/2001 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 22. 'Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 22, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. (Intentionally left blank) PA ~42-8 7/2~0 Original(Recorded) Copy(Branch) Copy(Customer) Page 6 of 7 1633 JUDITH A STAFFORD 201889 04/03/2001 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, with a copy to P. O. Box 17170, Baltimore, MD 21203, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Witness: I hereby certify that the precise address of the Lender (Mortgagee) is: 949_Wayne_Av.enue._(t~ber~burg, PA 17201 On behalf of the Lender. By: ~ Title Branch I~hnager ........ lh°,I~ ,L OVI~ COMMONWEALTH OF PENNSYLVANIA .......... Franklxn ............. County ss: On this the 3rd day of ^pr±l , 203I befor6'~ii~ Laura E. Shay ........................ the undersigned officer, person~[~lt.~'p'~4red Jud±th A. Stafford ................ ~2,sd:~.~I,\': · known to me (or satisfactorily proven) to be the person whose name .............. is_ .... ~ to the within instrument and said exec'ut%d, the'~arn, e for the · ' :': ' purposes herein contained. ..~,' IN WITNESS WHEREOF, I hereunto set my hand and official seal. lL:namt~omour9 Bom, Pranklln Coun~ x x ~ Title df Officer [MF Commission Expires Juno 12, 2004 PA 0042-8 7/20~l~lll~t~,/~l[aflo$ Copy {Bt&nob} Copy (Customer) Page 7 of 7 {Space Below This Line Reserved For Lender and Recorder) Commonwealth of Pennsylvania ss. County of ............. .~~ I.Certify this to be recorded Recordedon this ......... dayof ........ In Cumborjand County, i~A~ Office fo~ RecordingDeeds of said County, in Mortgagee Book No. ~ ~DER ~0u~1~$3 ~r ~,5~TM Recorder of Deeds Disclosure Statement, ' djustable Rate Note ' an ecumty Agreement Borrower(s) (Name and mailiog address) I Lender (Name, address, city and state) Account No. CITIPIN~CIAL SERVICEB, 201889 JUDITH A STAFFOPd3 INC. 60 E CREEK RO~.D 949 WAY~ AVE DateofLoan NEWBURG PA 17240 CH~34BERSBURG PA 17201 04/03/2001 ~.NN'UAI~ PERCENTAGE RATE m~"FINANCE CHARGE ~//~Amount Financed ~'x~rotal of Payments ~' The cost of Borrower's credit as I Ibc dollar amoun the cred will I The aunount of credi prov dad o ] 'Ibc amounl Borrower will have payments aa scheduled. ~ 12.76 237,120.96 81,392.64 318,513.60 ~ Number of Amount of When Pa ments !X~ Real Property Payment~ Payments Are ~ue ' ' ~ ~ .................. ~ Mobile Home or Manufactured Home 360 I~- 884.76 MONT_HLY BEGIL~]b!~Z.SG 05~/99/~2001 This loan is a variable rate loan. Borrower acknowledges receipt of the variable rate loan disclosures which have been provided lo Borrower earlier. See the contract documents for any additional information about nonpayment, default, any required repayment in full before the schednlnd date, and prepayment refunds and canines. Additional Information: Late Charge: Ifa payment is more than 15 days late, Borrower will be charged a late charge of the greater of $20.00 or I 0.0 % of the payment amount. Prepayment: If Borrower pays off early, Borrower: [x~will not ~3 may have to pay a pe~lty, and [3~-]wgl not E] may be entitled to a rethnd of part of the finance charge. Demand Feature: [3 No, ^pp, cab,e iK! This ob,ga,ion has a da nd feature. INSURANCE DISCLOSURE Required Insurance: If Borrower obtains credit that is secured by Borrower's interest in improved real properly (including a mobile or manufactured improvements. Any such policy and renewal thereof must name Lender as loss payee and must be maintained by Borrower, until the credit is repaid in thll. Borrower may obtain a new imurance policy or provide an existing policy from any insurer that is acceptable to Lender. Optional Insurance: Credit life insurance, credit dhability insurance, involuntary unemployment insurance, and any otber insurance produnls that are not required per the above paragraph are optional to Borrower and are not reeulred in order to obtain credit. If Borrower desires voluntarily ~, purchase any of these optional insurance products, Borrower most sign below and in other required documents and will reeeise an insurance eerfificata or policy data,lng the coverage ter~ and condifion~ that apply to the insurance. Borrower should refer to the terms and conditions contained in the applicable insurance eectificate or policy issued for the exact description of benefits and exebmslons. Borrower is encouraged to inquire abeut coverage and refund provisions. If the initial amount of coverage for credit life insurance set forth in Borrower's insurance cerdficate or policy is equal to the ]'omi of Payments stated payable witi be paid to the appropriate pa~y as designated in the ir~urance cectificate or poEcy. Insurance Term (lo mos.): 120 ~co~o~-rvs SignaturT- -- fiale ~- Applicable Block Checked: ~ ADJUSTABLE RATE [] SECONDARY MORTGAGE LOAN FIRST MORTGAGE LOAN This agreement is subject to the provisioos of the Secondary Mactgage Loan Act. Notice to Borrower: This Document Contains Provisions for a Variable Interest Rate. TERMS: In this Note the word "Borrower' refers to the persom signing below as Borrower, whether one or more, If more ~han one Borrower signs, each will be responsible, individually and together, for all promises made and for repaying the loan in full. The word 'Lender' rePels to the lender whose name and address are shown above. PROMISE TO PAY: In return for a loan that Borrower has received, Borrower promises to pay to the order of Lender tie Principal amount shown above, which includes any Points/Fees shown above, pins interest on the unpaid Principal balance from the Date Charges Begin shown above at the Ithtial Rate of Interest shown above in consecutive monthly installments beghming on the Erst payment due date. Lender will compute interest on the unpaid Principal hahnce on a daily basis from the date charges begin until Borrower repays the loan. If Borrower does not make sufficient or danely paymenm according to the payment schedule above, Borrower will incur greater interest charges on the loan. On the 24 month anniversary of the Date of Loan and ever)6 months thereafter ('Change Date"), the interest rate will be changed ~o the Index Rate plus a Margin shown above unless the rate 'caps' 'caps' set forth below limit the amount of change in the interest rate. The 'Index Rate' is the highest prime rate published in the Money Rates column of 2~le Wall Street Journal on the calendar day immediately preceding the Change Date; or, if the index was not published on that day, that rate on the next preceding day on which it was publ~hed. If the Index Rate is no longer available, Lender will choose a new index Rate which it believes will most closely approximate the former Index Rate. The interest rate cannot increase or dacreaae by more than 2 percentage poita~ on any single Change Date. During the 12-month period beginning with the first Change Date, and during each subsequent 12-month period, t~e interest rate cannot increase or decrease by more titan 2 percentage points from the rate in ether immediately prior to the begimdng of such 12-month period. The interest rate shall never be greater than 18 . 90 % or less than 0.50 percentage pothrs below the Initial Rate of Interest shown above during the life of this loan. Notwithstanding any other provision of this or any other document to the contrary, Borrower will never be required to pay interest or charges in excess of those pemfiued by law. JI)DITH A STAFFORD 201889 04/03/2001 Principal and interest shall be payable in monthly insmllmen~ in the initial amount shown above. If the rate of interest changes, the number of mont~y paymen~ will not change, but the amount of the monthly payments will change to the monthly amoum n~eded to repay the remai~fing unpaid principal balance plus interest as changed in the remaining number o f payment% assuming that all payments due after the calculation is matte are paid as scheduled. The firsl change, if any. in the monthly paymenl amount will become effective on the 24 month anniversary of the fa'st payment due dat~. Subsequent changes in the monthly paymenl amount may occur on the payment due da~ every 6 months thereafter. Each new payment amount will remain in e fl~ct until the effeclive date of the next payment change. Each paymem shall be applied first to interest, computed in full to the date of payment, late charges and the remainder to the unpaid balance of Principal. Any amount shown above as Points/Fees has haen paid by Borrower as Point/Fees. This amount is considered a prepaid charge aud is in addition to toe above inilial Role of lnteresl. Points/Fees are earned prior ~o any other interest on the loan balance, h~ the evenl of prepayment (d' the toan~ Poin[s,~Fees will be refunded only if requked by state law. Xi If this box is checked, the foSowing provision applies: CALL: Lender, at ia option, may declare any remaining indebtedness immediately due and payable 10 years after the date of this loan or aanua~y therea fler on [he anniversary of that date. SECURITY: Borrower's loan i~ secured by a Mortgage, Deed of Trust or Deed to Secure Debt dated 04 / 03 / 2001 on real propen~ located al 60 E CREEK ROAD ~WBURG, PA 17240 J~3DITH A STAFFORD i. 201889 04/03/2001 BILLING INOUIRIES: Any quesbons about billing or anything else about this loan may be directed to Lender at tile address sbown on page I. RETURNED CHECK FEE: Lender may charge a $ 20.00 fee ifa check, negotiable order of withdrawal or share draft is returned for in~ufticient Lender. at its option, may collect interest from and a/~er maturity upon the then unpaid Principal amount of this Note, at (a) the maxhnum rate [~ermitled NOTICE OF ARBITRATION PROVISION i regarding any Claim. We will pay to ~he Administrator all other costs for the arbitration prcceeding up to a maximum of one day (eight hours) of hearings, In the case of an appeal, the appealing par~ will advance any costs of initiating an appeal. The non-prevailing party shall pay all costs, fees, DESCRIPTION ALL THAT CERTAIN tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a railroad spike in the center of Route T-331 at a point common to land now or formerly of Wilbur F. Baer and Catherine V. Baer, His Wife and land now or formerly of F. Alfred Fogelsanger; thence by land now or formerly of Fogelsanger, North 25 degrees, 15 minutes West, 82.11 feet to an iron pin; thence by same, North 61 degrees East, 266.84 feet to an iron pin; thence continuing by same, South 28 degrees, 24 minutes, 15 seconds East, 135.66 feet to a railroad spike in the center of the aforesaid Route T-331; thence by the center of said road, South 60 degrees, 29 minutes, 23 seconds West 128.34 feet to a railroad spike; thence continuing by same, South 82 degrees, 3 minutes, 28 seconds West, 152.66 feet to a railroad spike, the place of beginning. CONTAINING a total area of .7562 of an acre, but subject to a right-of-way along Route TR-331, per survey of Carl D. Bert, R.D. dated August, 1975. PARCEL I.D. NO. 11-09-507-41 EXHIBIT "B" (610) 317.-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 375, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqa§e on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proqram works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELIN(~ AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin¢l a~ency. The name, address and phone number of the Consumer Credit Counselin§ A§encies servin~l your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearinq can call (717) 780.1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL EXHIBIT "C" Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May 7, 2003 Page 2 PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JUDITH A. STAFFORD PROPERTY ADDRESS: 60 EAST CREEK ROAD, TOWNSHIP OF HOPEWELL CUMBERLAND COUNTY, NEWBURG, PENNSYLVANIA 17240 LOAN ACCT. NO.: 20-0051-0291872 ORIGINAL LENDER: CITIFINANClAL SERVICES, INC., CURRENT LENDER/SERVICER: ClTIFINANCIAL SERVICES, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS 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 Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May 7, 2003 Page 3 · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one (1) face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE * Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed 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 Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May7,2003 Page 4 Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will 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 your application. Dudng that time, no foreclosure proceedings will be pursued against you ifyou have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergenc~ Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 60 EAST CREEK ROAD, BOROUGH OF HOPEWELL, CUMBERLAND COUNTY, NEWBURG, PENNSYLVANIA 17240 IS SERIOUSLY IN DEFAULT because: Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May7,2003 Page 5 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the following amounts are now past due: REGULAR MONTHLY PAYMENTS OF $715.00 FOR 12/02 THROUGH AND INCLUDING 5/03 (6 PAYMENTS) SUBTOTALING $4,290.00; Other charges (explain/itemize):. TITLE/APPRAISAL FEE IN THE AMOUNT OF $225.00; LATE CHARGES IN THE AMOUNT OF $530.88 AND ADD-ON FEE IN THE AMOUNT OF $3,628.44 TOTAL AMOUNT PAST DUE: $8,674.32 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):. N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8,674.32 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: MS. JANA GANTT, FORECLOSURE ANALYST CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD, SUITE 200 HANOVER, MD 21076 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exemise its rights to accelerate the mortgage debt. Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May 7, 2003 Page 6 This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's 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 attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - This lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO 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 (1) hour before the Sheriff'.~ Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other cost,~ connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May 7, 2003 Page 7 from the date of this Notice. A notice of 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiFinancial Services, Inc. Address: 7467 New Ridqe Road, Suite 200, Hanover, MD 21076 Phone Number: (800) 446.7876 Fax Number: {410) 689.1610 Contact Person: Ms. Jana Gantt Attorney for Lender: Frank L. Maiczan, Jr., Esquire Address: 3644 Route 378, Suite A, Bethlehem, PA 18015 Phone Number: {610) 317.0778 Fax Number: (610) 317.0782 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your dght to occupy it. If you continue to live in the property after the Shedff'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 X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 May 7, 2003 Page 8 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 THAN 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, Pa. 17325 (717) 334-1518 CCCS of Western Pa. 2000 Linglestown Road Harrisburg, Pa. 17102 (717) 541-1757 Judith A. Stafford 60 East Creek Road Newburg, Pa.17240 Judith A. Stafford PO Box 13 Newburg, Pa.17240 MayT, 2003 Page 9 CommunityAction Commission ofCapitalRegion 1514 Der~ Stmet Ha~sbu~, Pa. 17104 (717)232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 (717) 232-2207 Urban League of Metropolitan Hbg 2107 N. 6~h Street Harrsiburg, Pa. 17101 (717) 234-5925 FRANK L. MAJ~Z/~,FLM,JR:dmd J/ JR. CERTIFIED MAIL/RETURN RECEIPT REQUESTED FIRST CLASS MAIL/CERTIFICA TE OF MAILING Financial Counseling Se~ices of Franklin 43 Philadelphia Avenue Waynesboro, Pa. 17268 (717)762-3285 PHFA 2101 North FmntStreet Ha~sbu~, Pa. 17110 800-342-2397 SHERIFF'S RETURN - CASE NO: 2003-02812 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS STAFFORD JUDITH A REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STAFFORD JUDITH A DEFENDANT , at 1625:00 HOURS, on the at 60 EAST CREEK ROAD NEWBURG, PA 17240 JUDITH A STAFFORD a true and attested copy of COMPLAINT was served upon 20th day of June the 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.10 Affidavit .00 Surcharge 10.00 .00 41.10 Sworn and Subscribed to before me this 30 ~ day of  ~2~D_~ A.D. ~ l~rothonot ary So Answers: Ro Thomas Kline 06/23/2003 FRANK MAJCZAN JR Deputy Shezziff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 Defendant NO. 03-2812 CIVIL TERM CIVIL ACTION- MORTGAGE FORECLOSURE PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against: Defendant and/or responsive pleading for want of an appearance (x) Assess damages as follows: Interest from 8/10103 to 7/28/03 .......... Attorney's Commission ..................... TOTAL ............................................. $ 94,417.58 $ 1,015.68 $ 4,250.57 $ 99,683.83 ( x ) I certify that the 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. ( ) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (x) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the inte mailed or delivered to the party against whom judgmen, t is to be, if any, after the default occurred and at leasl of the notice is attached. DATE: July 28. 2003 NOW, ptie~,to file this praecipe was )e,eff~ed and~t~ his/~ier Attorney of Record, l ten days photo th~f:l~b~f the fPi,~g o~f,~his Praecipe and a copy Signatur ~/ Print Name: FRANK L. MAJ~2,~J~/.~II~ESQUIRE Attorney for: PL.~_INTIFF / J/' Address: 3644 ROUTE 37iB~ SUITE A BETHLEHEM, F~. 18015 Telephone: (610) 317-0778 Supreme Court ID No.: 17638 / , 20 03, JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, OlviYDivision Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 Defendant : NO. 03-2812 CIVILTERM : CIVIL ACTION- MORTGAGE FORECLOSURE : : AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ~[. ~ ~..~ c~.~ ~( ) ) SS.: COUNTY OF ?~_~c,-~_ ) The undersigned, being duly sworn according to law, deposes and says that to the best of his/her knowledge, information and belief, the Defendant, Judith A. Stafford, is an adult individual; that her last known address is 60 East Creek Road, PO Box 13, Newburg, Pennsylvania 17246; that her employment is in private industry; and that she is not in the Military or Naval Service of the United States of America or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, and/or its amendments. SWORN TO AND SUBSCRIBED before me this ~ ~'day of D~L~ ,2003 NOTARY PUBLIC · ,,,,,,~.~I~IEglgI~,,N, CIAL SERVICES, INC. ,-~ .........% ".~' ,':; PUB/'.. ~ ,, .. ....... %, z 71MOR~ ~,,,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. NO. 03-2812 CIVIL TERM JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 : CIVIL ACTION- MORTGAGE FORECLOSURE Defendant TO: JUDITH A. STAFFORD PO BOX 13 NEWBURG, PA. 17240 JUDITH A. STAFFORD 60 EAST CREEK ROAD NEWBURG, PA.17240 DATE OF NOTICE: JULY 14, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENU,~-~",~ ~ CARLISI.~, PA 1'~013 ) / TELEPHONE:~.Z ~) Z49~166 ('1! 990-9108 3644 ROUTE 3?8, SUITE A BETHLEHEM, PA 18015 (610) 317-0778 (610) 317-0782 (FAX) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS, JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 Defendant NO. 03-2812 CIVIL TERM CIVIL ACTION - MORTGAGE FORECLOSURE NOTICE OF FILING JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $99,683.83 on July ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Prothonotary/Clerk, Clvil~Division 2003. If you have any questions regarding this Notice, please contact the filing party: NAME: FRANK L. MAJCZAN, JR., ESQUIRE ADDRESS: 3644 Route 378, Suite A Bethlehem, PA 18015 TELEPHONE NO. (610) 317-0778 (This notice is given in accordance with Pa.R.C.P. 236.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANClAL SERVICES, INC., 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road New burg, Pa. 17240 Defendant File No. 2003-2812 Civil Term (To be completed by Attorney) Amount $99,683.83 Interest $ From 8/1/03 to date of sale at a Per diem rate of $21.16 Costs (To be completed by Proth/Clerk) Plff. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue writ of execution in the above captioned~.ca~e~~ DATE: Aucjust 28, 2003 Signature.' "~ Print Name: Frank L. Mai} an Address: 3644 Route 37~ .,u Bethlehem, PA 18~' Attorney for: Plainti~ Telephone: (610) 317 0778 Supreme Court ID No.: 17638 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ) TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary/Clerk, Civil Division by: Deputy SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 03-2812 Civil Term issued in the Court of Common Pleas of Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, on Wednesday, December 10, 2003, at 10:00 o'clock A.M. in the forenoon of the said day, all the right, title and interest of the Defendant in and to: ALL THAT CERTAIN tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a railroad spike in the center of Route T-331 at a point common to land now or formerly of Wilbur F. Baer and Catherine V. Baer, His Wife and land now or formerly of F. Alfred Fogelsanger; thence by land now or formerly of Fogelsanger, North 25 degrees, 15 minutes West, 82.11 feet to an iron pin; thence by same, North 61 degrees East, 266.84 feet to an iron pin; thence continuing by same, South 28 degrees, 24 minutes, 15 seconds East, 135.66 feet to a railroad spike in the center of the aforesaid Route T-331; thence by the center of said road, South 60 degrees, 29 minutes, 23 seconds West 128.34 feet to a railroad spike; thence continuing by same, South 82 degrees, 3 minutes, 28 seconds West, 152.66 feet to a railroad spike, the place of beginning. CONTAINING a total area of .7562 of an acre, but subject to a right-of-way along Route TR-331, per survey of Carl D. Bert, R.D. dated August, 1975. PARCEL I.D. NO. 11-09-507-41 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2812 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., 7467 New Ridge Rd., Suite 200, Hanover, MD 21076 Plaintiff (s) From JUDITH A. STAFFORD P O BOX 13, NEWBURG, PA 17240 AND/OR 60 EAST CREEK RD, NEWBURG, PA 17240 (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 DueS99,683.83 L.L.$.50 Interest FROM 8/1/03 TO DATE OF SALE AT A PER DIEM RATE OF $21.16 Atty's Corem % Due Prothy $1.00 Atty Paid $123.10 Other Costs Plaintiff Paid Date: SEPTEMBER 2, 2003 (Seal) REQUESTING PARTY: Name Frank L. Majezan, Jr., Esq. Address: 3644 Route 378, Suite A Bethleham, PA 18015 Attorney for: Plaintiff Telephone: 610-317-0778 Supreme Court ID No. 17638 CURTIS R. LONG Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. : NO. 03-2812 CIVIL TERM JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 : CIVIL ACTION - MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Citifinancial Services, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in Hopewell Township, Cumberland County, Pennsylvania, and known as 60 East Creek Road, Newburg, Cumberland County, Pennsylvania 17240. 1. The name(s) and last known address(es) of the owner(s) is Judith A. Stafford, PO Box 13, Newburg, Pennsylvania 17240 and/or 60 East Creek Road, Newburg, Pennsylvania 17240. 2. A. Stafford, PO Box 13, Newburg, Pennsylvania 17240 and/or 60 East Creek Road, Newburg, Pennsylvania 17240. The name(s) and last known address(es) of the Defendant(s) in Judgment is Judith 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: are: (i) Citifinancial Services, Inc. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 No. 03-2812 CIVIL TERM Entered on August 1,2003 Amount of Judgment- $99,683.83 The names and addresses of the last recorded holders of every Mortgage of record (i) Citifinancial Services, Inc. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Recorded on April 6, 2001 Mortgage Book 1688, Page 850 Mortgage Amount - $81,417.64 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) (ii) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 (iv) Occupant(s) 60 East Creek Road Newburg, Pa. 17240 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~~4 ~ to~n falsification to authorities. DATED: August 28, 2003 '~ ~ / J/¢ /~ FRANK L M~CT-~., ESQUIRE ATTORNEY I~OR~LAINTIFF 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. NO, 03-2812 CIVIL TERM JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 : CIVIL ACTION- MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129,1 TO: JUDITH A. STAFFORD Your property situate in Hopewell Township, Cumberland County, Pennsylvania, and known as 60 East Creek Road, Newburg, Pennsylvania 17240, is scheduled to be sold at Sheriff's Sale on Wednesday, December 10, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court Judgment of $99,683.83 plus interest obtained by Citifinancial Services, Inc., against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Citifinancial Services, Inc., the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, you may call: Frank L. Majczan, Jr., Esquire Attorney for Plaintiff (610) 317-0778 You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 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 on page three (3) 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 TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling the Cumberland County Sheriffs Office at (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 the property. The sale will go through only if the buyer pays the Sheriffthe full amount due on the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Office at (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. 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. 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 after the 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 posting of the schedule of distribution. 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 LAVVYER 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 DATED: AUGUST 28, 2003 FRANK L M ~C ~R., ESQUIRE ATTORN~:Y c~ZAF~ ~,IN~IFF ATTORNEYI #17638 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff NO. 03-2812 CIVIL TERM JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 : CIVIL ACTION - MORTGAGE FORECLOSURE Defendant AFFIDAVIT OF ADDRESS/OWNERSHIP COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF NORTHAMPTON I, FRANK L. MAJCZAN, JR., ESQUIRE, being duly sworn according to law, hereby depose and say I am the counsel for Plaintiff, Citifinancial Services, Inc., and to the best of my knowledge, information and belief, the last known address of Judith A. Stafford, Defendant in the within action, is PO Box 13, Newburg, Pennsylvania 17240 and/or 60 East Creek Road, Newburg, Pennsylvania 17240 and is the owner of the property involved in SWORN TO AND SUBSCRIBED ~ '''[ before me this 28th day of August, 2003. NOTARY PUBLIC _ NOTARIAl. t;ARRIE A HILL, ~ City of Belhtehem ~.,~,~.,~ My Commissi~ FRANK L.M~ ATTORNEY~ ATTORNEY~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff VS. NO. 03-2812 CIVIL TERM JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 : CIVIL ACTION- MORTGAGE FORECLOSURE Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON SS.: I, FRANK L. MAJCZAN, JR., ESQUIRE, counsel for Plaintiff, Citifinancial Services, Inc., do hereby certify that a true and correct copy of the Writ of Execution, together with the Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 were served by Certified Mail/Return Receipt Requested upon Defendant Judith A. Stafford, 2004 Flagstone Drive, Apt. 505, Madison, AL 35758-2930, on November 26, 2003. A copy of the transmittal letter and signed receipt for Certified Mail are attached~part h~eof~nd collectively marked Exhibit "A." FRANK L. MA~CZA ~, 3R., ESQUIRE SWORN TO AND SUBSCRIBED ATTORNEY ~O~ P'.AINTIFF before me this ~'/'h'day ATTORNEY I D~,.~/NO. 17638 of ~£, 2003. NOTARY PUBLIC NOTARIAL SEAL CARRIE A HILL, Notary Public City of Bethlehem, No~lhampton County My Commission Expires April 23, ~06 (610) 317-07'/8 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 November 20, 2003 FAX (610) 317-0782 Judith A. Stafford 2004 Flagstone Drive, Apt. 505 Madison, AL 35758-2930 RE: CITIFINANCIAL SERVICES, INC. vs. JUDITH A. STAFFORD NO. 03.28t2 CIVIL TERM Dear Ms. Stafford: Enclosed please find a copy of the Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1, regarding the scheduling of a Sheriff Sale for Wednesday, March 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, and a copy of the Writ of Execution relative to the above- captioned matter. Should you have any questions, please do not hesitate to contact me. FRANK L. MA,.~J~R. FLM,JR/dmd ~ Enclosures CERTIFIED MAIL~RETURN RECEIPT REQUESTED 2OO4 7003 1010 0000 6344 4216 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 Citifinancial Serv ]nc is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 2nd day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2812, at the suit of Citifinaneial Serv Inc against Judith A Stafford is duly recorded in Sheriff's Deed Book No. 262, Page 8_9_0. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /t9-z~ ~ , A.D2004 day of --Recorder of Deeds Citifinancial Services, Inc. VS Judith A. Stafford In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2812 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: Judith A. Stafford but was unable to locate her in his bailiwick. The house located at 60 East Creek Road, Newburg, PA is vacant. R. Thomas Kline, Sheriff, who being duly sworn according to law states that on October 08, 2003 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of Sale and Description upon Judith A. Stafford in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only to the defendant's last known address of 3100 University Drive, No. 109, Huntsville, AL 35816-3138. The unopened letter was returned to the Cumberland County Sheriffs Office on November 10, 2003 marked "Unknown at Address." Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 4:30 o'clock PM she posted a true copy of the within Real Estate Writ, Notice of Sale, Poster and Description upon the property of Judith A. Stafford located at 60 East Creek Road, Newburg, PA 17240 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 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Frank Majczan, Jr. for Citifinancial Services, Inc. It being the highest bid and best price received for the same, Citifinancial Services, Inc. of 7467 New Ridge Rd., Suite 200, Hanover, MD 21076, being the buyers in this execution, paid to Sheriff R. Thomas Kline the s~rn of $748.13, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 14.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 26.22 Certified Mail 8.15 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 279.35 Patriot News 169.84 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 748.13 Sworn and subscribed to before me So Answers: This _lb ~ day of '~ /;,.~~ q~,F~ R. Thomas Klin~, Sheriff 2004, A.D. C~tt,~,. ~ ~,~ ~ ' Real Estat~Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff : NO. 03-2812 CIVIL TERM JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa, 17240 : CIVIL ACTION - MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: JUDITH A. STAFFORD Your property situate in Hopewell Township, Cumberland County, Pennsylvania, and known as 60 East Creek Road, Newburg, Pennsylvania 17240, is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court Judgment of $99,683.83 plus interest obtained by Citifinancial Services, Inc., against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Citifinancial Services, Inc., the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, you may call: Frank L. Majczan, Jr., Esquire Attorney for Plaintiff (610) 317-0778 You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 on page three (3) 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 TAKE PLACE, If the Shedffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at (717) 240- 6390. 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 the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Office at (717) 240-6390. 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. 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. 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 Shedff within thirty (30) days after the 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 posting of the schedule of distribution. 2 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 DATED: AUGUST 28, 2003 ATTORNEY ~:O~ ~ AINTIFF ATTORNEY ~.~ #17638 Real Estate Sale # 43 On September 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA known and numbered as 60 East Creek Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11, 2003 By: Real Est~e Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Ac{ 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 Asst. 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 28th day(s) of October and the 4th and 11th day(e) of November 2003. 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", S rv~,ff3 and subscribed before m,~'th"Js 19th dayj~f Nove,~b~f 2003 A.D, Notadat Seat , uauc ---- My ~ Ex~r~ J~e 6, ~ ~, pe~ania A~afion ~ ~ ~Y ~mmission expires June 6, 2006 CUMBERED ~ ~U~SE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT~NEWS CO., Dr. Fo ' ' r publmhmg the not ce or pub cat on a~ached hereto on the above stated dates Total $ 169.84 Publishers Receipt for Advertising Cost u s r f ' ' p b he o The Patriot-News and Tho Sunday Patriot-News, newspapers of general rece pt of the aforesaid notice and publication costs and codifies that the same have By .................................................................... Volume 14, Page 317. PUBLICATION COPY S A L E #43 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May ! 6, 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 17, 24, 31, 2003 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 F~TATE SA~E NO. 43 Writ No. 2003 2812 Civil Citiilnancial Services, Inc. Judith A. Stafford Atty.: Frank Majczan. Jr. SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 03-2812 Civil Term issued in the Court o[ Common Pleas o[ Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle. Pennsylvania, on Wednes~ day, December I0, 2003, at 10:00 o'clock A.M, in the [orenoon of the said day. all the right, title and in retest of the De£endant in and to: ALL THAT CERTAIN tract of land situate in Hopewell Township, S WORN~I a';Nan:;:5;'REId~t;~ before me this 31 day of OCTOBER, 2003 l~Iot~w ~ NOTARIAl. SEN. t./ LOIS E. SNYOER, Notay Pul)lB Carlisle Bom. Cumberland County My Commission Expires Maroh 5, 2005 to the highest and best bidders, for cash. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle. Petmsylvania, on Wednes~ day, December 10, 2003, at 10:00 o'clock A.M. m the forbnoon of the said day. all the right, title and retest of the Defendant in and to: ALL THAT CERTAIN tract of land situate in Hopewell Township, Cumberl~md County, Pennsylvania, '-bounded and described as follows, to w~t: BEGINNING at a railroad spike in the center of Route T-831 at a point common to land now or for merly of Wilbur F. Baer and Cath- erine V. Baer, His Wife m~d land now or Ibrmerly of F. ALfred Pogel- sanger: thence by land now or for- merly of ~'ogelsaI~ger. North 25 de- grees, 15 minutes West, 82.11 feet to an iron pin; thence by same, North 61 degrees East, 268.84 feet to an iron pin: thence continuing by same. South 28 degrees. 24 min- utes, 15 a¢conds East, 135.66 feet to a railroad spike in the center of the aforesaid Route T 331; thence by the center of said road, South 60 degrees, 29 minutes, 23 seconds West [28.$4 feet to a railroad sp~ke: thence continuing by same, South 82 degrees. 8 minutes, 28 seconds West. 152.66 feet to a railroad spike, the place of beginning. CONTAINING a total area of .7562 of an acre, but subject to a right-of-way along Route TR-831, per survey of Carl D. Bert, R.D. dated August, 1975. PARCIgL I.D. NO. 11-09~507-41. NOTARIAL SEAL c/ LOIS E. SNYDER, Nota~/Public Cadisle Boro, Cumberland County My Commission Expires March 5, 2005