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HomeMy WebLinkAbout07-4478GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC. SB/M CTI'IFINANCIAL MORTGAGE CO. INC. F/K/A CTTIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT Mortgagor and Real Owner 21 Adams Street Enola, PA 17025 Defendant Term ~~ - t.~4 ? 8 CIVI CIVIL ACTT©N: 6'~~#?T~(a~~~~~_ ~~ Ft,~~C1r~U~~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) 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 payoffthe mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Seth 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 54661 FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 76078. 2. The names and addresses of the Defendant is SANDRA K. GILBERT, 21 Adams Street, Enola, PA 17025, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On February 11, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1749, Page 2793.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 15, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. 'The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$68,613.20 Interest from 01/15/2006 through 07/31/2007 at 7.9900% .......................$3,472.44 Per Diem interest rate at $15.23 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,430.66 Costs of suit and Title Search ......................................................................$900.00 Corporate Advance ......................................................................................$313.00 Suspense .................................................................. -$183.60 $76,545.70 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above maybe less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "i_personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the Notice. The Defendant had the required face to face meeting within the required time and Plaintiffhas been advised that the Defendant filed an application for mortgage assistance with the Pennsylvania Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency that the Defendant's application has been rejected. WHEREFORE, Plaintiffdemands a de terris judgment in mortgage foreclosure in the sum of $76,545.70, together with interest at the rate of $15.23, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: ''~ U G(~,~DBE~K McCAFFERTY & McKEEVER B~ ~OSEPH A. GOLDBECK, JR., ESQUIRE A EY FOR PLAINTIFF VERIFICATION I, Frankie Ward, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: r) ~ "~ ~ ' #5000127760 -SANDRA K. GILBERT ~FiiditA Ott T~~SE (FAIN tracts of land situate ' Cocutty, Per~sy~vania, more particularly bounded TRACT ~ND. 1 out OII fan sand Adda~ns one hundred feet to Iine fifty f15o) ~ East Pemasboro and described a BEGIIVNIIIG at a sTfo11 gip, tC~ nbe~Iar~ of Lots of John post on the•west side of Addams St=eet, as laid Street, fif Q• Addams and Joseph Pyre; thence wesi~tvardly along . fifty (I50) feetOtofNbrtirote S~ree~f ht~No. ISQ; thence northwaxdly of fifteen (~,S) feet wide ail ' ce eastwardiy fifty (SD) . £eet to • the Place of BEGIMVINGeY~ ther~,ce sourh~raxd.Yy one hwtdred . (~VTAINING fifty feet front of Addams Strout and extend width one .ht~ldred :Fifty X150) feet to said Monroe Street d being Lots Nos 148 ar~d~ 149 ~~ the Plan of. s~t3.d Lots. BEING the same premises which,(~arles NL Youn . by its Deed dated Septc~b8r I3r 2978, and reeorded~in t~he~Cumberland C~ountys wife, Recoxder's Oi; ice zrt Reed Book "U', Voitmte 26, Page ~4~7 tuito JeffreY~' '. and Kathy/San, his wife, Grantorsein. ~ cowed TRACT Np. 2 -BEGINNING at a poin east Y Property of Charles ti~ and on the wF;st by other property wife, contazr..ing twenty-five (2S) extending therefrom of even width said Monroe Street. ~~ded and on the nom by Monroe Street; on Young, Sr. ; OI1 the South by Addams St: eet of the within mentioned I~ti~ez~ B. Kraber and feet in front on said Addarns Street and throughout one hw~dred fifty (150) fee•c to BEING Lot 110. 15Q w-~ith intp7covenaents therm; erected lmown as 21 Addems Street, as ],aid out on a plan of Lots aaE the said .john Q.' Addams ar~d Jos h the same being recorded. at Carlisle, Cunberland Coup p ~ PYne, and • tY, ermsylvania. BEING the same prc~ises which. ~Claaries M. Xo Sr. ~ . by heed dated September 23, 1976, and redid gexi'in the G~anberx dJCountygRecorderfs Office in Dec~~ BBoor~k "[!", Volune 2b, Page 448, granted and aortveyed tuito Jeffrey L. . Shwa3n and •ICa'thyr~Zcanan, Granta~s herein. ~ki6it ~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: June 4, 2007 TO: Sandra K. Gilbert 21 Adams Street Enola, PA 17025 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortga eon your home is in default and the lender intends to foreclosure Syecific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exvlains how the program works To see if HEMAP can hely you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE Take this Notice with you when you meet the Counseling A encX The name. address and phone number of Consumer Credit Counseline Agencies servingyouur County are fisted at the end of this Notice. If you have any questions ou may call the Pennsylvania Housing Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 STATEMENTS OF POLICY HOMEOWNER'S NAME (S): PROPERTY ADDRESS: LOAN ACCT. NO.: Sandra K Gilbert 21 Adams Street, Enola, PA 17025 5000127760 ORIGINAL LENDER: Citifinancial Mortgage Company, Inc. CURRENT LENDER/SERVICER: Citifinancial Mortgage Company, 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 IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you aze entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend aface-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 (33) 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 counseline agencies listed at the end of this notice the lender may NOT take action against you for thirty 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 face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a 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 aze unable to resolve this problem with the lender, you have the right to apply for fmancial 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 Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FII.E YOUR APPLICATION PROMPTLY. IF YOU FAII. 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. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 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. 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 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 ou can still apply for Emergency Mortgage Assistance) J HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it un to dateZ NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 21 Adams Street, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 01/15/07 through 05/15/07 at $528.43 for 01/15/07 then $528.43 for 02/15/07 then $528.43 for 03/15/07 then $528.43 for 04/15/07 then $528.43 for 05/15/07. Monthly Payments Plus Late Charges Accrued $2,642.15 NSF: $20.00 FCL Appraisal: $394.11 BPO: $265.00 Speed Pay: $20.00 Uncollected Credit Insurance: $0.00 Uncollected Late Charges: $0.00 Taxes: $0.00 Late Fee Income: $0.00 Total Amount to Cure Default $3,341.26 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicablel: 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 $3,341.26, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (800) 422-1498. Payments must be made either by cash cashier's check certified check or money order made payable and sent to Citifmancial Mortga eg Company Inc 4050 Reeent Blvd. MS-N1B-165 Irving TX 75063 Attention• Department ATM. 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 annlicable.) 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 exercise its rights to accelerate the mortgage debt The 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 attorney to start legal action to foreclosure upon your mortgage property FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 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 to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period you will not be required to. pay attornev's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO 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 ri hg t to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale You may do so by pavin¢ the total amount then past due plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writine by the lender and by performing anv other requirements under the mortga_ eg_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 Sheriff s Sale of the mortgage property could be held would be approximately SIX (6) MONTHS 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 fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Citifinancial Mortgage Company, Inc. 4050 Regent Blvd. Irving, TX 75063 Attn: Department ATM MS-N1B-165 (800)422-1498 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs 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 Sheriffs 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, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAI) OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU 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 IS ATTACHED If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from the receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested in writing within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. vary truly yours, Phelan FIallinan & Schatieg, LLP On Behalf of Citifmancial Mortgage Company, Inc. G%~~ By: Francis S. linen, Esquire PHS: jap Cc: Citifinancial Mortgage Company, Inc. Attn: Department ATM Account No.: 5000127760 Mailed by 1S` Class Mail and by Certified Mail No: 7005 2570 0001 3312 1162 FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 ---------------------------------- FOLD HERE ------------------------------------------------- Sandra K. Gilbert 21 Adama Street Enola, PA 17025 _~________________________ FOLD HERE ~ ~' (~1 ~ fi.. v ~ ~. ~ ~ r_~ d ~ ~t~ ~ ~ ~'~ ra ~ ~""~i _. ~."" G3 D T ~ ~ W C SHERIFF'S RETURN - REGULAR CASE NO: 2007-04478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS GILBERT SANDRA K KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GILBERT SANDRA K the DEFENDANT at 1840:00 HOURS, on the 1st day of August 2007 at 21 ADAMS STREET ENOLA, PA 17025 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So Answers: ~ Service 14.40 ~ Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 Y~11~67 ~-' ~/ 42.40 08/02/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to By: before me this day of A.D. In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT (Mortgagor(s) and Record Owner(s)) 21 Adams Street Enola, PA 17025 Defendant(s) FRAECIPE FOR JUDGMENT No. 07-4478 THIS LAW FHtM 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 SANDRA K. GILBERT by default for want of an Answer. Assess damages as follows: Debt Interest from 09/12!2007 to Date of Sale Total (Assessment of Damages attached) $77,185.36 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 os ph A. oldbec Jr. orney for Plaintiff I.D. #16132 AND NOW `E ; ~ ~~* ~~~`] ,Judgment is entered in favor of CITIMORTGAGE INC. S CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY and against SANDRA K. GILBERT by default for want of an Answer and damages assessed in the sum of $77,185.36 as per the above certification. ~. P thonotary '~ _ . 54661FC TffiS 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: SANDRA K GILBERT 21 Adams Street Enola, PA 17025 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT (Mortgagor(s) and Record Owner(s)) 21 Adams Street Enola, PA ] 7025 Defendant(s) TO: SANDRA K. GIi,BERT 21 Adams Street Enola, PA 17025 DATE OF THIS NOTICE: August 22, 2002 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 07-4478 jMpnRTANT NnTiCF, 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 E:N'TERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTI~R Il1~IPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLANB COUNTY BAR ASSOCIATiOt3 2 L'betty Avem-e Carlisle, PA 17013 LEGAL SERVICES IIJC 8 Irvine Row Carlisle, PA 17013 717-243-9400 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SANDRA K. GILBERT, is about unknown years of age, that Defendant's last known residence is 21 Adams Street,. Enola, PA 17025, 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: `7 /~~I~ / ~~~ ~YJi .~~/~j~ \.J 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 CITIMORTGAGE INC. SB/M CTTIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT (Mortgagor(s) and Record owner(s)) 21 Adams Street Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-4478 ORDER FOR NDGMENT Please enter Judgment in favor of CTTIMORTGAGE INC. SB/M CTFIFINANCIAL MORTGAGE CO. INC. F/K/A CTTIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, and against SANDRA K. GILBERT for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $77,185.36. o h A. oldbeck, Jr. orney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 and that the name(s) and last known address(es) of the Defendant(s) is/are SANDRA K. GILBERT, 21 Adams Street Enola, PA 17025; LDBE K McCAFFERTY & McKEEV BY: Joseph A. Goldbeck, Jr. Attorney for Plaintiff • ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $68,613.20 Interest from O 1 / 15/2006 through $4,112.10 09/11/2007 Reasonable Attorney's Fee $3,430.6b Late Charges $0.00 Costs of Suit and Title Search $900.00 Corporate Advance $313.00 Suspense -$183.60 $77,185.36 O BECK cC RTY & McKEEVER B :Joseph A. Goldbeck, Jr. Attorney for Plaintiff AND NOW, this ~` day of '. 2007 damages are assessed as above. 3 ~. r Prothy ~ ', t w o ~ ~ `~~ ~~~~~ ~g~~~~~ ~~ f • ~ r Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX ?6078 Plaintiff No. 07-4478 vs. SANDRA K. GILBERT (Mortgagors and Record Owner(s)) 21 Adams Street Enola, PA 17025 Defendant(s) 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 USER 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 Prothonotary By: /~ iC . L~O~[~ D ~ QI~/~7 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 .. {~ K ~~ 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 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT Mortgagor(s) and Record Owner(s) 21 Adams Street Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 07-4478 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 09/12/2007 to Date of Sale at 7.9900% $77,185.36 (Costs to be added) OL BEC McC RTY & McKEEVER B ~ oseph A. Goldbeck, Jr. Attorney for Plaintiff «.. ~~ ~~~ . W ~~O z ~~~ ~. ~~o ~Q~ ~V ~~~ boo ~~~ 2H ~ ~QO W ~Q~ ~ pH~ ~ ~~o U ~o~o H N ~ .~-. ~ ~ ~ ~ ~~d~ oNW 9~a ~O ~~? O D v o~ ~~ C'~i w. U d r-~ d ~ ~U w w o Y~ ~' N ~ .r` N yy, Q M ~ 'O ~ a ~~~~ ~fl ~~ y ~ O ~ N ~~~~ U O ~ ~~, o ~~ 00 00 ~v cJti ~° rnti y' _ t ~, ,~ 8 ~ ~~" ~,~'7 ~ D' -'~Q ~ ~ a~~ #{~~ x'C .. ...- ~ All THOSE CERTAIN tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1 -BEGINNING at a point on the west side of Adams Street, as laid out on Plan of Lots of John Q. Addams and Joseph Pyne; thence westwardly along said Adams Street, fifty (50) feet to line of Lot No. 150; thence northwardly one hundred fifty (150) feet to Monroe Street; thence eastwardly fifty (50} feet to line of fifteen (15) feet wide alley; thence southwardly one hundred fifty (150} feet to the Place of BEGININIG. CONTAINING fifty feet front of Adams Street and extending therefrom at an even width one hundred fifty (150) feet to said Monroe Street; and being Lots Nos. 148 and 149 on the Plan of said Lots. TRACT N0.2 -BEGINNING at a point bounded and on the north by Monroe Street; on the east by property of Charles M. Young, Sr.; on the South by Adams Street and on the west by other property of the within mentioned Luther B. Kraber and wife, containing twenty-five (25) feet in front on said Adams Street and extending therefrom of even width throughout one hundred fifty (150) feet to said Monroe Street. BEING Lot No. 150 with improvements thereon erected known as 21 Adams Street, as laid out on a plan of Lots of the said John Q. Addams and Joseph Pyne, and the same being recorded at Carlisle, Cumberland County, Pennsylvania. TAX PARCEL #: 09-15-1291-294 MUNICIPALITY: EAST PENNSBORO TOWNSHIP PROPERTY ADDRESS: 21 Adams Street, Enola, PA 17025 Goldbeck McCafferty & McKeever BY: 3oseph A. Goldbeck, 3r. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT (Mortgagor(s) and Record Owner(s)) 21 Adams Street Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-4478 CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, 3oseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was i"iled the following information concerning the real property located at: 21 Adams Street Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 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 Welfare Bldg. -Room 432 Harrisburg, PA 17105-2675 JAMES C. COSTOPOULOS 13 S. Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE AMERICAN GENERAL FINANCE INC. ~ ,, ~ P.O. Box 3788 Evansville, IN 47736 CITIFINANCIAL, INC. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 ASSOCIATES FINANCIAL SERVICES CO. INC. F/K/A ASSOCIATES CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 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 may be affected by the sale. 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 Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 TENANTS/OCCUPANTS 21 Adams Street Enola, PA 17025 (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: September 11, 2007 DBEC McCAFFER & McKEEVER Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ~ w c~ ~' ...~ b 'e`! ~ ~ ~ 'tit vt ,~> G ~~ w ~ ~ _ _ ~ ~ .. .~' --t 07-4478 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. SJB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CTTIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 vs. SANDRA K. GILBERT Mortgagor(s) and Record Owner(s) 21 Adams Street Enola, PA 17025 Plaintiff Term No. 07-4478 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: GILBERT, SANDRA K. BANDIT K. fi1LBRRT 21 Adams Street Enola, PA 17025 Your house at 21 Adams Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $77,185.36 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THiS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: -. 07-4478 1. The sale will be cancelled if you pay to CITIMORTGAGE INC. SB/M CITffINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 ? 17-240-6390. 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. 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 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 t ~.' 07-4478 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2}. Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention~a,galdbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-641$. Please reference our Attorney File Number of 54661FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 1910b 215-627-1322 Attorney for Plaintiff CTTIMORTGAGE INC. SBlM CTTIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW SANDRA K. GILBERT Mortgagor(s) and Record Owner(s) 21 Adams Street Enola, PA 17025 ACTION OF MORTGAGE FORECLOSURE Defendant(s) N0.07-4478 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. o h A. oldbeck, Jr. Attorney for plaintiff na ~~fi~ P'`i ~.. ~ .ti G7 ~ C? ~ "i7 ~ ~, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4478 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUN'T'Y: To satisfy the debt, interest and costs due CITIMORTGAGE INC. s/b/m CITIFINANCIAL MORTGAGE CO. INC. f/k/a CITIFINANCIAL MORTGAE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From SANDRA K. GILBERT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You aze also duected 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 aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 577,18536 Interest from 9/12/07 to Date of Sale at 7.9900% Atty's Comm Atty Paid $161.40 Plaintiff Paid Date: 9/13/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs 's R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 50!10 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT Mortgagor(s) and Record Owner(s) 21 Adams Street Enola, PA 17025 Defendants} CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (cl (2) Term No. 07-4478 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 Sheriff s Ofl:ic ( ) 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 Sheriff s Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Of~ice/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff s Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, Joseph .Goldbeck, Jr. Attorney for Plaintiff 54661 FC CF: 07/30/2007 SD: 03/05/2008 $77,185.36 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE z~ o~ ~w w~ Q 3 1 `d W ' ~~~~~~ Z g 0 O O . 90 fig` NIti ZO OZ 9~ 0 ~ lO o .. 0~ i. rr ~ ~ ~ ~ o . . ,, , • : .c~oa ~ ~ ~ ; ^.. ,'~'~ N f c ~/: 1 C 33 gg~ ~ \~'k ay. ~7 to ¢ ~j _ ~~ t ~ U J C w "O ~ ..._ ... ... ~ - ........__ ~. ~. ... ..... ~ '~ ~ o ° Om ~ ~ - a m ~ .. c ~' ~~ wx r > ?z ~ ~ ~ a} 3 v ~n '~' ~ ~~ ' `~ ~ jm m c O~~ U m ~ ~ ~ Q ~ ~ J ~ ` t ~ ~ (/~ W LXUJ m wpg~ ¢ ~ a~00 Zv -E 4z¢ ' ' ~ ~Q.-~ ow~ ~, z ~- Z O c .~ ~ ~ z ~ Z U N ¢ ~ ~ ~ ~ y N LLl m ~ ~ Z - - V ~ U ~ 7 ~ . 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E~ eh LUL c~om~~G~ z'~ o iD ~ ~ow~g~ I ~~ LL `° Q ~ J ~ ~ ~ r r (V C7 ct tf) CC I` 00 -°- ~ d ~ fn zO~c=as GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CTTIMORTGAGE INC. SBlM CTTIFINANCIAL MORTGAGE CO. INC. F/K/A CTTIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoirit Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT Mortgagor(s) and Record Owner(s) 21 Adams Street Enola, PA 17025 Defendant(s) Term No. 07-4478 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 21 Adams Street _ Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 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 Harrisburg, PA 17105-2675 JAMES C. COSTOPOULOS 13 S. Hanover Street Cazlisle, PA 17013. 4. Name and address of the last recorded holder of every mortgage of record: AMERICAN GENERAL FINANCE INC. P.O. Box 3788 Evansville, IN 47736 CITIFINANCIAL, INC. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 ASSOCIATES FINANCIAL SERVICES CO. INC. F/K/A ASSOCIATES CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe 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. TENANTS/OCCUPANTS 21 Adams Street Enola, PA 17025 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Squaze 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE -SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 171.05-8486 Nathan Wolf, ESQ 10 West High Street Cazlisle, PA 17013 . (attach sepazate sheet if more space is needed) I verify that the statements made in this affidavit aze 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: January 28, 2008 G BECK cCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ~- t_ ~ "~? ~ 'O ~~~ O ~ "L) ~ ~ ~~ N ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FRANK H LEAMAN is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 13 day of SEPT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4478, at the suit of CITIMORTGAGE INC against SANDRA K GILBERT is duly recorded as Instrument Number 200811284. and seal of said office this / ~ day of A.D. ~~ IN TESTIMONY WHEREOF, I have her~,unto set my hand of Deeds RaomdeCam~i~bC7;aas, ~wn~narw c;axity, CaaYtla, PA My F.xpir~ the Feat Mayday of ,hn. 2010 Citimortgage Inc. s/b/m Citifinancial Mortgage In the Court of Common Pleas of Co. Inc. f/k/a Citifinancial Mortgage Consumer Cumberland County, Pennsylvania Discount Company ~ Writ No. 2007-4478 Civil Term VS Sandra K. Gilbert Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 2016 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sandra K. Gilbert, by making known unto Sandra Gilbert personally, at 21 Adams Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1600 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 Sandra K. Gilbert located at 21 Adams Street, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sandra K. Gilbert by regular mail to her last known address of 21 Adams Street, Enola, PA 17025. This letter was mailed under the date of January 8, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $69,000.00 to Frank H. Leaman. It being the highest bid and best price received for the same, Frank H. Leaman of 675 Spartan Road, Dallastown, PA 17313, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $72,921.14. Sheriff s Costs: Docketing $30.00 Poundage 1,380.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 30.00 Surcharge 3 0.00 Law Journal 365.00 Patriot News 383.54 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2,448.51 / G~ ~_ _~ C:JL G 3~ ~ F ~,, ao7s3 9 So Answ~~ers~: R. Thomas Kline, Sheriff T rl BY _`( ~ Real Estate . ergeant .' ' I r Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 111 1 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 Plaintiff vs. SANDRA K. GILBERT (Mortgagor(s) and Record Owner(s)) 21 Adams Street Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-4473 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 21 Adams Street Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 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 Harrisburg, PA 17105-2675 JAMES C. COSTOPOULOS 13 S. Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE AMERICAN GENERAL FINANCE INC. i P.O. Box 388 Evansville, ~IN 47736 CITIFINANCIAL, INC. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 ASSOCIATES FINANCIAL SERVICES CO. INC. F/K/A ASSOCIATES CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 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 may be affected by the sale. 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 ' Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17 ] OS-8486 TENANTS/OCCUPANTS 21 Adams Street Enola, PA 17025 (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: September 11, 2007 G DBEC McCAFFER & McKEEVER Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 07-4478 GOLDBECK McCAFFERTY & McKEEV~R BY: Joseph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 76078 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW Plaintiff vs. SANDRA K. GII.BERT Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 21 Adams Street Enola, PA 17025 Defendant( Term No. 07-4478 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: GILBERT, SANDRA K. SANDRA K. GILBERT 21 Adams Street Enola, PA 17025 Your house at 21 Adams Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, March O5, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $77,185.36 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: J 07-4478 1. The sale will be cancelled if you pay to CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO. INC. F/K/A CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 attomey). 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 fmd out if this has happened, you may call the Sherif£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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 07-4478 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 54661 FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. All THOSE CERTAIN tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1 -BEGINNING at a point on the west side of Adams Street, as laid out on Plan of Lots of John Q. Addams and Joseph Pyne; thence westwardly along said Adams Street, fifty (50) feet to line of Lot No. 150; thence northwardly one hundred fifty (150) feet to Monroe Street; thence eastwardly fifty (50) feet to line of fifteen (15) feet wide alley; thence southwardly one hundred fifty (150) feet to the Place of BEGININIG. CONTAINING fifty feet front of Adams Street and extending therefrom at an even width one hundred fifty (150) feet to said Monroe Street; and being Lots Nos. 148 and 149 on the Plan of said Lots. TRACT NO. 2 -BEGINNING at a point bounded and on the north by Monroe Street; on the east by property of Charles M. Young, Sr.; on the South by Adams Street and on the west by other property of the within mentioned Luther B. Kraber and wife, containing twenty-five (25) feet in front on said Adams Street and extending therefrom of even width throughout one hundred fifty (150) feet to said Monroe Street. BEING Lot No. 150 with improvements thereon erected known as 21 Adams Street, as laid out on a plan of Lots of the said John Q. Addams and Joseph Pyne, and the same being recorded at Carlisle, Cumberland County, Pennsylvania. TAX PARCEL #: 09-15-1291-294 MUNICIPALITY: EAST PENNSBORO TOWNSHIP PROPERTY ADDRESS: 21 Adams Street, Enola, PA 17025 WRIT O~ EXECUTION and/or ATTACHMENT . f, a COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4478 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. s/b/m CITIFINANCIAL MORTGAGE CO. INC. f/k/a CITIFINANCIAL MORTGAE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From SANDRA K. GILBERT (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 $77,185.36 Interest from 9/12/07 to Date of Sale at 7.9900% Atty's Comm Atty Paid $161.40 Plaintiff Paid Date: 9/13/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs is R. Long, Prothonota BY~ - i Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 22 On October 31, 2007 the Sheriff levied upon the defendant's interest in the real property situated in. EastrPennsboro Township, Cumberland County, PA -~, Known and numbered as 21 Adams Street, Eno~~, more fully described on Exhibit "A" filed~vith this writ and by this reference ;~ incorporated herein. Date: October 31, 2007 By~ ~~ Real Esta Sergeant SCHEDULE OF DISTRIBUTION SALE N0.22 Date Filed: March 24, 2008 Writ No. 2007-4478 Civil Term Citimortgage Inc. s/b/m Citifinancial Mortgage Co Discount Company VS Sandra K. Gilbert 21 Adams Street Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney ~ Total: $80,304.26 Inc. f/k/a Citifinancial Mortgage Consumer DISTRIBUTION: March 5, 2008 Frank H. Leaman $69,000.00 $77,185.36 2,957.50 Jrit Costs: 161.40 Receipts: Cash on account (10/31/2007): $ 1,500.00 Cash on account (03/05/2008): 6,900.00 Cash on account (03/24/2008): 66,021.14 Total Receipts: $74,421.14 Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Cumberland County Tax Claim Bureau Debbie Lupold, Tax Collector East Pennsboro Township Attorney Joseph Goldbeck Citimortgage Inc. Total Disbursements: Balance for distribution: So Answers: '.f-~ $2,448.51 300.00 1,120.57 1,120.57 4,709.14 320.00 1,668.60 1,500.00 61,233.75 ($74,421.14) 0.00 R. Thomas Kline Sheriff .' SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 22, held March 5, 2008 EFFECTIVE DATE: March 6, 2008 PREMISES: 21 Adams (also referred to as Addams) Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, Lots 148-150, Plan Book 1, Page 17, Plan of Pyne & Addams,Tax Parcel No. 09-15-1291-294 (the "Premises") RECITAL: Being the same premises which Jeffrey L. Shuman and Kathy A. Shuman, husband and wife, by their Deed dated July 18, 1977 and recorded July 26, 1977 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "H", Volume 27, Page 925, granted and conveyed unto George H. Gilbert and Sandra K. Gilbert, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. ~ ~ i 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Mortgage in the amount of $43,000.00 from Sandra K. Gilbert to Contimortgage Corporation dated May 13, 1999 and recorded May 19, 1999 in Mortgage Book 1542, Page 1119, assigned February 4, 2000 in Misc. Book 637, Page 221 to American General Finance, Inc. -2- 21. Mortgage in the amount of $72,085.44 from Sandra K. Gilbert, widow, to CitiFinancial Mortgage Consumer Discount Company, dated February 11, 2002 and recorded February 19, 2002 in Mortgage Book 1749, Page 2793. 22. Mortgage in the amount of $22,004.43 from Sandra K. Gilbert and George H. Gilbert (Deceased) to CitiFinancial, Inc. dated July 27, 2004 and recorded August 3, 2004 in Mortgage Book 1875, Page 4276. 23. Judgment against Sandra K. Gilbert in favor of James C. Costopoulos in the amount of $3,500.00 entered January 21, 2005 to No. 2005-00389. 24. Judgment against Sandra K. Gilbert in the amount of $77,185.36 in favor of Citimortgage, Inc. entered September 13, 2007 to No. 2007-4478 (with respect to the mortgage identified in Paragraph 21, above). 25. Judgement against Sandra K. Gilbert in favor of East Pennsboro Township in the amount of $1,397.10 entered November 29, 2007, docketed to No. 2007-07178. 26. Real Estate taxes due the Cumberland County Tax Claim Bureau in the amount of $4,709.14, together with possible additional accrued interest, penalties and costs. 27. All building setback lines, easements, notes, conditions and all other matters appearing on the Plan of Pyne &Addams, recorded in Plan Book 1, Page 17. 28. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Addams Street and Monroe Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. I~/~t~ Keith O. Brenneman -3- REAL ESTATE SALE NO. 22 Writ No. 2007-4478 Civil Citimortgage Inc. s/b/m Citifinancial Mortgage Co. Inc. f/k/a Citifinancial Mortgage Consumer Discount Company vs. Sandra K. Gilbert Atty.: Joseph Goldbeck DESCRIPTION All THOSE CERTAIN tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: TRACT NO. 1-BEGINNING at a point on the west side of Adams Street, as laid out on Plan of Lots of John Q. Addams and Joseph Pyne; thence westwardly along said Adams Street, fifty (50) feet to line of Lot No. 150; thence northwardly one hun- dred fifty (150) feet to Monroe Street; thence eastwardly fifty (50) feet to line of fifteen (15) feet ~~ide alley; thence southwardly one hundred fifty (150) feet to the Place of BEGINNING. CONTAINING fifty feet front of Ad- ams Street and e~;tending therefrom. at an even width one hundred fifty (150) feet to said Monroe Street; and being Lots Nos. 148 and 149 on the Plan of said Lots. TRACT NO. 2-BEGINNING at a point bounded and on the north by Monroe Street; on the east by property of Charles M. Young, Sr.; on the South. by Adams Street and on the west by other property of the within mentioned Luther B. Kraber and wife, containing twenty-five (25) feet in fronton said Adams Street and e~aending therefrom of even width throughout one hundred fifty (150) feet to said Monroe Street. BEING Lot No. 150 with improve- ments thereon erected known as 21 Adams Street, as laid out on a plan of Lots of the said John Q. Addams and Joseph Pyne, and the same be- ingrecorded at Carlisle, Cumberland County, Pennsylvania. TAX PARCEL #: 09-15-1291- 294. MUNICIPALITY: EAST PENNS- BORO TOWNSHIP. PROPERTYADDRESS: 21 Adams Street, Enola, PA 17025. EXHIBIT A Tie Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ~he~lahiot News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /30/08 02/06/08 02/13/08 ~bruary, 2008 A. D. Notary Public COMMONWEALTH OP °EP~NSYLVANI>4 NOt~~~i S^ 31 Sherrie L. Kis^+ar, f~z~tary Public CihrOf Hatriab±arr~ ~7;.,:,~~~in Courrty My ConrmNek?r ;~ ~; -=a..,~v. 26, 2011 M~mbsr, Ptrnmylvnim ,-va~c;c~ation of NOtirles .I~MMIE#r~t~et ~MINm- ;4~ _e All Q$AH~ ttaGta of Lod siwa6e in ~ Caabair~i`C~,mpty, ~1 m~,dy bnmdcd and ~~~ 1RAL'1',~7f?:,1 mat ~ ~u die ~$'ri~gG4 as ~ a•fm @im of thearx along said Addme , fifty ' l"~ fiat of°~dt No. Inc llti~ce i~ri~"+oee ~9 (i9FYj feet to btoo~ve ~ ~enbe ~ }' t3~1'j tixx ro H~ ~ 4~. wtdc .' sou@~wan~y o~1e~ ftl~ (15l~j i+xc ro t6e ~~~ ~~~ end ~~p ~ ~ erta M5~-one. hmdned ~Y (~1'~tlrt+wd A~AMee afldbrieg Lio~`F~itu, l~~ I+I~d~i~atLt- of said Lacs. TRACT NO. 2 - $EfiA+H+iB+iG at a point 6aai~a~d>ind~ ~9'~~l ; on fl,e ealt ~ vfl'~dps ~. , Sr.; on the #~+ ~ a~1d on ~ weft 6Y ot~et pmpdt~ a€ dle'rv~in ®eodaaed i.o~t B. Kfa6et and ~id'e.'~~ try-ffhe (25) ~~~~' ~Y tbl~#Eq 1w4ef. ~~~ lv~.salta~+bMe~q~lsi~ean efaietl kno~vu ~:$~ A,Yydim 9~e11l s~ Li;d out on a pLn of Lots of the 4~A! Jphn Q. Addams Caduk. TAXPAIC;J ~~ ~ -.= MIINIC[PAI.ffY: EAST P80ltlp TOR'NSHIP PROYFJCfY ADDRESS: 21 Add .Saaoet, Enola. YA 17Q75 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 25, February 1 and February 8, 2008 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 C SWORN TO AND SUBSCRIBED before me this 8 day of Februarv. 2008 Notary NOTARIAL SEAL DEBORAH A COILINS NoTary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. ZZ Writ No. 2007-4478 Civil Citimortgage Inc. s/b/m Citifinancial Mortgage Co. Inc. f/k/a Citifinancial Mortgage Consumer Discount Company vs. Sandra K. Gilbert Atty.: Joseph Goldbeck DESCRIPTION All THOSE CERTAIN tracts of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: TRACT NO. 1-BEGINNING at a point on the west side of Adams Street, as laid out on Plan of Lots of John Q. Addams and Joseph Pyre; thence westwardly along said Adams Street, fifty (50) feet to line of Lot No. 150; thence northwardly one hun- dred fifty (150) feet to Monroe Street; thence estwardly fifty (50) feet to line of fifteen (15) feet wide alley; thence southwardly one hundred fifty (150) feet to the Place of BEGINNING. CONTAINING fifty feet front of Ad- ams Street and extending therefrom at an even width one hundred fifty (150) feet to said Monroe Street; and being Lots Nos. 148 and 149 on the Plan of said Lots. TRACT NO. 2-BEGINNING at a point bounded and on the north by Monroe Street; on the east by property of Charles M. Young, Sr.; on the South by Adams Street and on the west by other property of the within mentioned Luther B. Kraber and wife, containing twenty-five (25) feet in front on said Adams Street and extending therefrom of even width throughout one hundred fifty (150) feet to said Monroe Street. BEING Lot No. 150 with improve- ments thereon erected known as 21 Adams Street, as laid out on a plan of Lots of the said John Q. Addams and Joseph Pyne, and the same be- ingrecorded at Carlisle, Cumberland County, Pennsylvania. TAX PARCEL #: 09-15-1291- 294. MUNICIPALITY: EAST PENNS- BORO TOWNSHIP. PROPERTY ADDRESS: 21 Adams Street, Enola, PA 17025.