HomeMy WebLinkAbout07-5130GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY LD. #1b132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(215 627-1322
W W W.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
CITIMORTGAGE INC. SBlM CTTIFINANCIAL
MORTGAGE CO. INC.
1111 Northpoint Drive
Building 4 Suite 100
Coppell, TX 75019
Plaintiff'
vs.
JESSICA D. TURNBULL
TIMOTHY T. TURNBULL
Mortgagors and Real Owners
193 Chestnut Grove Road
Shippensburg, PA 17257
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -LAW
ACTION OF MORTGAGE FORECLOSURE
Term
C1VlL ACTION:. Mp~tTrdAC~
LCkIUi~E
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, ~y 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 pmceed 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 HIItING 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 ,, Ted
~
8 Irvine Row ~
Carlisle, PA 17013
717-243-9400
°~~ . ~~
~. w~
t ~ ~.
AVISO ~-'~'~"""'
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED ~tESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES
NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE, EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
NI F•!!~~~....g • sue..,
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 IlVIPORTANTES.
USTED DEBE LLEVAR ~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TEL$FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEER~ CON INFORMACIbN DE CbMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ~STA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS..
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Cazlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Cazlisle, PA 17013
717-243-9400
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-
243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S webste www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Call the Plaintii~ (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 cuzrent, 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 homeretentionCa,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 chazge 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 54889FC.
Para information en espanol puede communicarse con Loretta a1215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
Resources available for Homeowners in Foreclosure
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO. INC., 1111 Northpoint
Drive, Building 4 Suite 100 Coppell, TX 75019.
2. The names and addresses of the Defendants are JESSICA D. TURNBULL, 193 Chestnut Grove Road,
Shippensburg, PA 17257 and TIMOTHY T. TURNBULL, 193 Chestnut Grove Road, Shippensburg, PA
17257, who are the mortgagors and real owners of the mortgaged premises hereinafter described.
3. On September 25, 2006 mortgagors made, executed and delivered a mortgage upon the Property
hereinafter described to CAPITAL ONE HOME LOANS, which mortgage is recorded in the Office of
the Recorder of Deeds of Cumberland County as Book 1969, Page 1445. The mortgage has been
assigned to: CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO. INC. by assignment
of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage
obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will
be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage
and assignment(s) aze matters of public record and are incorporated by this reference in accordance with
Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to
attach documents to pleadings if those documents aze 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 March O1, 2007 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 aze due to Plaintiff on the Mortgage:
Principal Balance .................................................................................$29,906.01
Interest from 02/01/2007 through 08/31/2007 at 13.9900% .....................$2,452.44
Per Diem interest rate at $11.46
Reasonable Attorney's Fee .................................................................$2,000.00
Late Charges from 03/01 /2007 to 08/31 /2007 .............................................$130.48
Costs of suit and Title Search ......................................................................$900.00
Suspense ....................................................................................................... -$23.32
Corporate Advances and Fees ....................................................... .$84.00
$35,449.61
7. Plaintiff is not seeking a judgment of personal liability (or an "in personarn" judgment) against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regulaz mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $35,449.61,
together with interest at the rate of $11.46, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By: ~~--~
D CK McCAFFERTY & McKEEVER
B JOS PHA. GOLDBECK, 7R., ESQUIRE
A RNEY FOR PLAINTIFF
VE~ ATION
I, Frankie Ward, as the representative.. of the Plaintiff corporation vwithin named do hereby
verify that I am authorized to and do make this verification on behalf of the Plaintiffcorporation and
the facts set forth in the .foregoing Complaint are true and correct to the best of my knowledge,
information andbelief. 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: Auszust 20, 2007
#5003728489 - JESSICA D. TURNBULL and TIMOTHY T. TURNBULL
~FiiditA
F
I'
I:
~~
i
..__ _ ~.
~;
~I
~.
it
I,
.I.. ._.. ..
._. .~-..~_~~~. -
EXHISIT_A~
ttli IOLLO'w7NG D>s:~usBO RsAI.lHOll~rrY drt11A7S IN TAB CITY O! sltl!lBnesuRa~ TOwNSaI!
O-SOV1'NiYNl7'ON.CDiA~19O! CU~ERt~A1VDlAND COINMONNGLTA 0-IEMHYBYLYANJA, TO TVIT:
ALL TIIA'~'CRR1'A1N LOTfI-LAIOTKKO~wN ANDNUMHBR~ABLO? I7ON+-lilBOiWION lI.AN OF
lATA. L>MQ~LT,HATlDl1A11CA iMIrANY 1tACMAA~A1 TAStO!-AS~iO//Kt.
CI11A000NTY liAt'1 *OOr/1lACR Lj1.S1[WTLH1fDVTAAM!'I!Ofl'I~DNl3AQ.
L1II14~111~ COfs?I'Y, ~YLVANIA: HAYING AN ADDS O! 1!3'x' CNdV6 ROAR MORB
~w07'Y.7R~W.Y HOilA/m AND 1D ASla0LL0'1YSa
G AT A Srr R#II.AQADiIrCR nr 7'ns GTWAY o! c7usrNUT' 611orc><aw~: ivwnwur ~~
T~ti,1~NCR Os'!! tAR SAA-H1OkA NOR17! t D>OR 761MNIT1'BS MfiQCOIOiEAR~ A O~TANGR Ol
tiNIQC TO A[I DQi!!10 SlIK6c 1'A1IfICt C~KfI~IB OY>ZII SA®lOMID NQR1'!t li
RN ~iAitA C~TANCROl17flSlRi't TDANl~MG RA>~llEi
TABNCL OglfTlflt~lal<Y iA1iROAD NO>K!A If D~ 1= u LAST
A elRA1~ 013lIi76iTTOAN>p!!a'iIINS RAIllE1AHiMKRITI~IC! AIAMf3 LANDt11OM-OR
FO~tl.YdI~NIgIT A:AI[1 SOV1'Y sf'D>If~ t3I~Nlil'Bf N~COiOD6RAST AHIB'tAlICB
Ol7flM#iLT!'A3/~C THp4~9R Ati7H10MlRI>lil'ifrftl6>r't FwOl1! TABATOHtiSAID H>ilsiilG
1WI,AOAH•!'YL;TO A A~ HJ4GI1/'ltli?ALI1 ALOJ!Ifs LOT71 OHTAS A~pA1D-~'lS10N tL~AN
lOtTls 17 HAC~itM 1StRO0ND01YSt'i' A DpTANCX OM fl• 1RL?'I+0 A SiT I~D1MlfN AT
cO1~+lauoturr NtTl~RA~.OIIfiLOT nal-~rlasAmltAnl~ollTrtMa~oclrRSa3.aoNln~e
9ROpp96rM!<tT~IANCR O!lAllBliET'1'i0 Asir RAiLwOiAD ~!#BDINI:TA A S67'lSION
!RV S6TlLN FBL`!'il10NI TiRA!'bRSdAID SiT RAAROAHBlfliRT070il0IIlI'AND![,ACi O!
CONTAHIpiiG A TOTALLOY ARRA Of 1.1715 ACRrs AND ~ ALL O/LOT 1T ON TAS SUCDMSION
lLAN iORlAUL L A06MBI.TROIT~ RIDCORHBROF HSBDH OFACB Dt ANDPOSt
C1170iRL.AN!-0011rITY,lfllliBYLYANIA,lIJW HOOKfI,lAOB 13L
TAX ID f 7l-13H1KJ=S
HY Fii>pA'LR DLiDi'HOMAMQ41 M.AOQVAIYINITA, SaNG1,B WOMA1~i,AND 7A80N D.tAL1A6H.
86'N'1LR 64W AflLTlOlCM IN lA;m HOOK 2?3, lACa3 N171 AND'RBOO1tD~ ON ZAT/lIK, C1A-
COUNTY'R6CORII5.
THi SOE~CB DE®Ai STATiD AHD'YE IS TAL LAST RLCORDOI YSSTAiG XILZH IORTA4'1lRO~TY.
TAXRR AAVL 1il2'/ NO VLS!'YIG CAAMiI is SDUCBTA>t DATE OlTAt AHDVi
I
~hi6it ~
ACT 91 NOTICE
DATE OF NOTICE: July 20, 2007
TAKE ACTION TO SAVE YOUR
HOME FROM 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.
This is an official notice that the mortgage 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 pages..
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling Agency
The name address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have an~questions, o~y call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869.E
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 any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuer
viviendo en su case. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agenda (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada amba. Puedes ser elegible pare un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su case de la
perdida del derecho a redimir su hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 -Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-7734
Date: July 20, 2007
TO: JESSICA D. TURNBULL
Homeowners Name: JESSICA D. TURNBULL and TIMOTHY T. TURNBULL
Property Address: 193 Chestnut Grove Road, Shippensburg, PA 17257
Loan Account No.: 5003728489
Original Lender: CAPITAL ONE HOME LOANS
Current Lender/Servicer: CITIFINANCIAL MORTGAGE CO. INC.
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOMEFROM
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 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 designated consumer credit
counseling agencies listed at the end of this Notice.
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YODUR 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 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 Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your fact-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. 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 YO[1 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 CON'SIHEII;ED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have Bled bankruptcy you can still a~ fir
Eme ac Mort Assl~tx~ce.
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it uu to date).
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property
located at: 193 Chestnut Grove Road, Shippensburg, PA 17257 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:
(a) Monthly payment from 03/01 /2007 thru 7/20/2007
(5 mos. at $372.84/month) $1,864.20
(b) Other charges; Escrow, Inspec., NSF Checks
(c) Other provisions of the mortgage obligation, if any
(d) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $1,864.20
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS 1$ ,864.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check,
certified check or money order made payable and sent to:
CITIFINANCIAL MORTGAGE CO., INC.
4050 Regent Blvd.
Mail Stop MS-N1B-165
Attn: Department ATM
Irving, TX 75063
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 riehts to
accelerate the mortsase debt. 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 ~nortQaged 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 brings 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 -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 right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale.
You may do so bkpayingthe total amount then~ast due plus any 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 writing by the lender and bYperforming any other requirements
under the mortaaQe. 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 eazliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4 to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs 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 by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: CITIFINANCIAL MORTGAGE CO., INC.
Address: 4050 Regent Blvd
Mail Stop: MS-N1B-165
Attn: Department ATM
Irving, TX 75063
Phone Number: 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 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 aze paid prior to or at the sale and that the other requirements of the mortgage aze satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE 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.
Contact: CITIFINANCIAL MORTGAGE CO., INC.
Phone Number: 800-422-1498
- ~ PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS OF WESTERN PENNSYLVANIA INC.
2000 Linglestown Road
Harrisburg, PA 17102
(717)541-1757
URBAN LEAGUE OF METROPOLITAN HARRISBURG
2107 N. 6th Street
Harrisburg, PA 17101
(717)234-5925
FAX (717) 234-9459
COMMUNITY ACTION COMM OF THE CAPTTAL REGION
1514 Derry Street
Harrisburg, PA 17104
(717)232-9757
FAX 234-2227
FINANCIAL COUNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesboro, PA 17268
(717)762-3285
YWCA OF CARLISLE
301 G Street
Carlisle, PA 17013
(717)243-3818
FAX (717) 731-9589
ADAMS COUNTY HOUSING AUTHORITY
139-143 Carlisle Street
Gettysburg, PA 17325
(717)334-1518
FAX (717) 334-8326
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: May 2, 2007
TO: Timothy T. Turnbull
193 Chestnat Grove Road
Shippensburg, PA 17257
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. 1F
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 offici al notic e that the mortggge on your home is in default and the lende r intend s to foreclosure.
Specific inform
The HOMEOW ation a
NER'S bout the nature of the default is provided in tbe attached pag
MORTGAGE ASSISTANCE PROGRAM (HEMAP) may es.
be able
to help to save
your home. Th
To see if HEM is Notic
AP can e explains how the program works.
help, you must MEET WITH A CONSUMER CREDIT CO
UNSE
LING AGENCY
WITHIN 33 D AYS FR OM THE DATE OF THIS NOTICE. Take this Notice wit h ;vou w hen you meet the
Counseling_Age
The name. addr ncy.
ess and
phone number of Consumer Credit Counseling Agencies se
rvinp~
y
our Countv are
listed at the end of this Notice. If you have andquestions. you may call the Pennsy ,
lvania Housing Finance
Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171 780.18 69).
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. Tbe 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 INMEDTTAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA 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): Timothy T. Turnbull
PROPERTY ADDRESS: 193 Chestnut Grove Road, Shippenaburg, PA 17257
LOAN ACCT. NO.: 5003728489
ORIGINAL LENDER: Citifinancial Mortgage Company, Inc.
CURRENT LENDER/SERVICER: Citifinancial Mortgage Company, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY I3E 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's, 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
• 1F YOU MEET OTHER ELIGIBILITY REQUIltEMENTS 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 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 NFL(;331 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~gencies listed at the end of this notice the lender may NOT take action aft you for thirty
j,3~0 days after the date of this meeting. The names. addresses and telepjione cumbers of desigg~
consumer credit counseling agencies for the county in which the nt+ouertv 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 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 Pmgram. 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 FILE 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 1M11ZEDIATELY 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 yon have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located
at: 193 Chestnut Grove Road, Shippensburg, PA 17257 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: 02/29/07 through 04/29/07 at $368.16 for 02/29/'07 then
$391.48 for 03/29/07 then $372.84 for 04/29/07.
Monthly Payments Plus Late Charges Accrued $1,132.48
NSF: $0.00
Inspections: $0.00
BPO: $0.00
Speed Pay: $0.00
Uncollected Credit Insurance: $0.00
Uncollected Late Charges: $37.28
Taxes: $0.00
Late Fee Income: $0.00
Total Amount to Cure Default 51,169.76
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (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 51,169.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of tbe 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 amouat 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 tbe 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 Citifinancial Mortp~@ee Company. Inc..
4050 Resent Blvd. MS-N1B-165, Irvine. TX 75063 Attention: Deuartment 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 applicable.) N/A.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
tbe 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 tbe 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 (30) DAY period, you will not be required to
pav attorney'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 Mill have the ri t to
cure the default and prevent the sale at any time qp to one hour before the Sheriffs Sale. You may do so
bYg~g the total amount thenpast due, plus any late or other charecs then due,~sor-able attorney's fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as
specified in writing by the lender and bYperforming any other requirements under the mortggge. 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 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 tbe 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: Cititinancial 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 Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE-You may or 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 HAD
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 aay 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 (3A) days from
receipt of this letter, the firm will send you the name and address of the original creditor if different
from above.
Vtry UuIY yo~us,
Phelan Iiallinao 8c Schmieg, I.LP
On Behalf of Citifmmcial Mortgage Cott any, Inc.
~~~ •
r
Francis S. linen, Bequire
PHS: jap
Cc: Citifinancial Mortgage Company, Inc.
Attn: Department ATM Account No.: 5003728489
Mailed by 1" Class Mail and by Certified Mail No: 7007 07100002 1381 5868
FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005
FOLD HERE
Timothy T. Turnbull
193 Chestnut ti~rove Road
8hippensbnrg, PA 17287
FOLD HERE
(",
c N
~
~:_ --~
~~;' ~ C°
W f ") ~ ~
~ ~
J
" +. !` j
J '~' -' ~~'g (-J
~ ~~~
w
_,
~V t
tt
~ .
~ ~
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05130 P
_.»
~~ COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIMORGAGE INC
VS
TURNBULL JESSICA D ET AL
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TURNBULL JESSICA D
DEFENDANT
the
at 1626:00 HOURS, on the 31st day of August 2007
at 193 CHESTNUT GROVE ROAD
SHIPPENSBURG, PA 17257
TTD [7 [~TnT TTTD ATT]T TT T
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
Service 16.32
Affidavit .00
Surcharge 10.00
.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
09/06/2007
GOLDBECK MCCAFFERTY MCKEEVER
By : ~,-~ ~
Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05130 P
_.~•
~% COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIMORGAGE INC
VS
TURNBULL JESSICA D ET AL
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
TURNBULL TIMOTHY T
DEFENDANT
was served upon
the
at 1626:00 HOURS, on the 31st day of August 2007
at 193 CHESTNUT GROVE ROAD
SHIPPENSBURG, PA 17257 by handing to
JESSICA TURNBULL, ADULT IN CHARGE
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
(~,,, 9 y 1410 ~ ~/ 16.0 0
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
09/06/2007
GOLDBECK MCCAFFERTY MCKEEVER
By: ~ ~
Deputy Sheriff
of A.D.
GOLDBECK McCAFFERTY & McKEEVEIi
ATTORNEY FOR PLAINTIFF
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 -Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
CITIMORTGAGE INC. S/B/M
CITIFINANCIAL MORTGAGE CO. INC.
1111 Northpoint Drive
Building 4 Suite 100
Coppell, TX 75019
Plaintiff
vs.
JESSICA D. TURNBULL
TIMOTHY T. TURNBULL
193 Chestnut Grove Road
ShiYpensburg, PA 17257
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-5130
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon payment of your costs only.
Michael T. McKeever, Esquire
Attorney for Plaintiff
~'J ., i
s i t
.: ~ ..~1
i
ter #.s~ -.--~j
~}m
`..
.• r
n^^
'
t
jai
,..~).,
... ~~
5em.3 ~
.
.~ r