HomeMy WebLinkAbout07-5899GOLDBECK 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
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT
FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
Mortgagor and Real Owner
268 Carlisle Avenue
Enola, PA 17025
Defendant
Term M-5$99 &Vil-(e-rr#%
01VILACTION: MORTGAGE
FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after the Complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claim in the Complaint
of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, 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.
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.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS 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.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home
Retention options.
5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretention@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 5631817C.
Para informacion 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 CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER
DISCOUNT COMPANY, 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019.
2. The names and addresses of the Defendant is CHARLES J. SMEIGH, 268 Carlisle Avenue, Enola, PA
17025, who is the mortgagor and real owner of the mortgaged premises hereinafter described.
3. On February 24, 2003 mortgagors made, executed and delivered a mortgage upon the Property
hereinafter described to BLAZER CONSUMER DISCOUNT CO., NOW D/B/A WASHINGTON
MUTUAL FINANCE, which mortgage is recorded in the Office of the Recorder of Deeds of
Cumberland County as Book 1797, Page 4485. The mortgage has been assigned to: CITIFINANCIAL
SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT COMPANY by assignment
of Mortgage December 06, 2004 as Book 713, Page 2630. 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 December 15, 2006 and each month thereafter and by the terms of 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 ....................................................................................$22,816.18
Interest from 11/15/2006 through 09/30/2007 at 14.4000% .....................$2,921.60
Per Diem interest rate at $9.13
Reasonable Attorney's Fee .................................................................$2,000.00
Late Charges from 12/15/2006 to 09/30/2007 .............................................$193.50
Monthly late charge amount at $19.35
Costs of suit and Title Search ......................................................................$900.00
Appraisal ...................................................................................................... $225.00
Deferred Interest .......................................................................................$2,596.87
Interest Adjustment 2nd Mortgage ..............................................................$387.00
$32,040.15
7. Plaintiff is not seeking a judgment of personal liability (or an "in 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.
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 Defendant 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 Defendant
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 $32,040.15,
together with interest at the rate of $9.13, 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: , winjok
GO D EC McCAF RTY & McKEEVER
BY: OSEPH A. GOLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
1, Frankie Ward Assist V.P, 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: 0-4-0
#2000510127499 - CHARLES J. SMEIGH
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MUMT OF C[}T'UMAM AMID 0MENUMM OF FEIM OMA, BEING N17M FMLY DE MM
IN A DE® MM 08/08/2000 AND REOCMID 08/10/2000 AMONG THE LW RDCOFM OF
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PARCEL ID NO 09-13-1002-224
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ACT 91 NOTICE
DATE OF NOTICE: August 30, 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 any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717) 780-1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact any 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, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa 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
1
Date: August 30, 2007
Homeowners Name: CHARLES J. SMEIGH
Property Address: 268 Carlisle Avenue, Enola, PA 17025
Loan Account No.: 2000510127499
Original Lender: BLAZER CONSUMER DISCOUNT COMPANY.
Current Lender/Servicer: CITIFINANCIAL SERVICES, INC.
HOMEOWNERS'
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 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.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one 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 YOU ARE CURRENTLY PROTECTED BY THE FILING OF APETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for
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: 268 Carlisle Avenue, 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:
3
(a) Monthly payment from 12/15/2006 thru 8/30/07
(9 mos. at $387.00/month) $3,483.00
(b) Other charges; Escrow, Inspec., NSF Checks
(c) Other provisions of the mortgage obligation, if any
(d) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $3,483.00
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 $3,483.00, 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.
605 Munn Road
Fort Mill, SC 29715
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. This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the mortgage in monthly installments.
If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender 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 Sheriff s Sale.
You mqy do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriff s Sale as specified in writing, by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 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: 605 Munn Road
Fort Mill, SC 29715
Phone Number: 800-423-8158
Contact: Loss Mitigation Department
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
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 sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
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: Loss Mitigation Department
Phone Number: 800-423-8158
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 CAPITAL 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
o
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
MOTION TO RELEASE MORTGAGE
AND NOW, comes Plaintiff, by its attorney, Kristina G. Murtha, Esq., of Goldbeck,
McCafferty & McKeever, and represents as follows:
1. The above case is one in mortgage foreclosure, based on a default on the residential
mortgage forming the subject of the action.
2. The real property foreclosed is commonly known as 268 Carlisle Avenue, Enola, PA
17025 ("the Property")
3. In anticipation of Plaintiffs foreclosure action, a title search was obtained and a prior
mortgage to Randell B. Smeigh (the "Respondent") showed of record.
4. Said mortgage to Randell B. Smeigh was recorded in the Office of the Recorder of Deeds
on May 6, 1999 in Book 1539, Page 1061 in the amount of $ 9,300.00.
5. As evidenced on a marked up commitment for title insurance, the mortgage to
Respondent was to be paid off with the proceeds from the settlement held on February 24, 2003.
A copy of that marked up commitment is attached hereto as Exhibit "A".
6. Despite payment in full, the mortgage to Respondent was never satisfied of record with
the Recorder of Deeds of Cumberland County.
7. On September 14, 2007, Plaintiff attempted to contact Respondent via overnight letter to
have him execute a Release of Mortgage, as he's required to do under Pennsylvania Law 21
Pa.C.S.A. s72-1, et seq. To date, there has been no response to said attempt.
8. Plaintiff made several attempts to obtain an alternate address and/or phone number for
the Respondent, but was not able to locate one.
9. The mortgage to Respondent creates a cloud on title.
WHEREFORE, Plaintiff now moves this honorable Court for an Order to release the
mortgage recorded May 6, 1999 in Book 1539, Page 1061. Plaintiff also requests that the
Recorder of Deeds record a copy of the order.
Respectfully submitted,
By:
GOLDBECK McCAFFERTY McKEEVER
GOLDBECK McCAFFERTY & MCKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
BRIEF IN SUPPORT OF MOTION
TO RELEASE MORTGAGE
The above case is one in mortgage foreclosure, based on a default on the residential mortgage
forming the subject of the action. 3. In anticipation of Plaintiff's foreclosure action, a title
search was obtained and a prior mortgage to Randell B. Smeigh (the "Respondent") showed of
record. Said mortgage to Randell B. Smeigh was recorded in the Office of the Recorder of
Deeds on May 6, 1999 in Book 1539, Page 1061 in the amount of $ 9,300.00. As evidenced on a
marked up commitment for title insurance, the mortgage to Respondent was to be paid off with
the proceeds from the settlement held on February 24, 2003. Despite payment in full, the
mortgage to Respondent was never satisfied of record with the Recorder of Deeds of
Cumberland County.
On September 14, 2007, Plaintiff attempted to contact Respondent via overnight letter to
have him execute a Release of Mortgage, as he's required to do under Pennsylvania Law 21
Pa.C.S.A. s72-1, et sea. To date, there has been no response to said attempt. Plaintiff made
several attempts to obtain an alternate address and/or phone number for the Respondent, but was
not able to locate one. The mortgage to Respondent creates a cloud on title.
WHEREFORE, Plaintiff now moves this honorable Court for an Order to release the
mortgage recorded May 6, 1999 in Book 1539, Page 1061. Plaintiff also requests that the
Recorder of Deeds record a copy of the order.
Respectfully submitted,
By:
GOLDBECK McCAFFERTY McKEEVER
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MMNSBORO in T2M COMM OF COM$RRI,AIID AMD COWWNWRJILTH OF
PENNSYLVANIA, 13EMO NO" FUULY ORGORISED IN A DOM DATED
00/09/2000 AND RECORDED 04110/1000, AMOM TUB LKWD ZSCDRM
OF THE COMTY MM 8TATS SET FORTH AD=, IN DEED VOIX= 216
AM PALE 1099 AND.
ADDRESS, 262 CARLIBL AV%.; SHOLA, PA 17025
PARCEL ID NO.: 09-13-1001-324
n I<'?Ili{illdpl?2?'.ZI PM?mSI??
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TAX MAY OR
EXHIBIT `A
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113iiia12UL14 16:42 717657974.3
14,F-HAPRISBLPu-
S a - SECTION 1
0
I.-i
PAGE 13
The following are the requiremento to be CoMlied with:
1. INSTP-t=NT(S) CRRATI1M THE ESTATE OR IATSREST TO Hg INSURED KWT 88
APPROVED, EXECE)TED, 13BLZVL+rRSD AM FILED IIOR RECORD.
7. PROPERLY EXECVTFD MORTGAG8 FROM CFARXX9 J. SMBIGH, NOT STATED, AND
TO WASHINGTON N T EEkL FINANCE.
3. PROOF POSITIVE THAT ANY AMID ALIs UNPAID REAL ESTATE TAXES ARE/HNVE
BEEN PAID LVRRENT.
4. PROPERLY EX3COTED CHILD SUPPORT/SPOUSAL SUPPORT AFFIDAVIT 9TATIM0
NO ARRERRAGES ON RECORD AND/OR PROOF OF PAYMENT BY THE DOMESTIC
RSLATIONB C MT.
5. PROOF OF PAY?MNT OF THE LAST TMEE (3) YEARS REAL ESTATE AND
KUNICXPAL C MRQES (I.E. WATER AND SEVER CHMMES) SHOULD BE PROVIDED,
TO THE SATISFACTION OF THE COMPANY, IF SO SXXM PROOF CAM BE
PROVIDED, THE PUPAL POLICY WILL CONTAIN A STANDARD EXCEPTION FOR ANY
UNPAID TAXES AND MUNICIPAL CMGMS.
SCHEDULE B - SUCTXOU 2
The premises endorsed hereon are subject to the following items which
together with itaw not removed in schedule 2-1, will he excepted in'the
policy.
THIS TRANSMISSION DOES NOT CCWAIN THE STAND"D EXCEPTIONS TO COVERAGE
IN THE ALTA COiNQITMEN'P FORM. PLEASE BE ADVISED THAT THEY DO APPLY ON TUTS
COM11MENT TRANSMISSION.
SCHEDULE H OF TBE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN RXCXPTZCHS
TO THE FOLLOWI2iG1 KATT'SRS LWLESS THE SAME ARE DISPOSED OF TO TEE SATISFACTION
OF THE COMPANY :
*####**#####!*###**##!#!##**!#*#*## TAXES !!**##R**#*****!!#!#!!#!###t*#!*##!!
I . THR BOLLOWIIVO TAX INFORMATION REFERS TO MAP IV MER OR PARCEL ID
09-13-1002-224: __,` 6a
COUIFI'X TAX FOR THE YEAR 2002 IN THE AMQMIT OF $1.4-78'.74 ARS UNPAID.
ALL TAXES, LINKED OR UNLI8NSD, ARE BUBO= TO PENALTY AND IlA9XST AND
SHOULD BE VERIFIED WITH LOCAL AVINORrTIES TO UNSURE PROFJM PAYOFF.
PLEASE CONTACT THE TOWNSHIP OF BART P8 NSEORO OR YOUR C WTO1= FOR ALL
PAID TAX RECEIPTS.
f1p13d18nCdVW"=12z:AP1IEnMmShnNTV4
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93/89/2884 18:42
0 0
7176579743 Ww-H*RI58LRG
PAGE 14
***tR#i?IF****#r?#s#**##*******R*** }EOg?,,?{Igg RRr#x,r#?xRre***r******i**R*******?rR
1. P'P.OM : CHARLES J. SMErcm
TINANCYs NOT 8TAT=
HOLDER r' RANDALL R. SPMXC g
DATRDi 10/14/1997 RECORDED: 09/06/1999 VOL.: 1539 PAGE- 1061
ANOMT., $9,300.00 OPEN END: NO 4w?+?
?
?? ?
ASSIGNED : NONE
C"OMMEI+IT r NOT MENTIOMW IN 3129 FORM eJ llr
, P
:r#* *ars **#?*xrt*w**#*f**NR*?*?r**iw LIENS **#**t*##!t*RN*i*#******#,t###?:r:#*#
1. TYPE OF LIEN: JUDCT FILED: 12/20/2002
IN=/VOL/PA0Zi 2002-06051 ANCONT, $58.77
IN FAVOR OF: LAST PENNSDORO TOWNSHIP
39
o
AGAINST. CIMLES 5M$IGH w
-('
#i#*##* i#*********:r*!* STANDARD OR SPECIAL SZC$PTICK9 ***##*##:***:**!RR#:##*
1. SU9JECT TO ANY mm &" Ummm AND/OS DxLisQCI mT REAL r-9TATR TAnS
2. SMJEGT TO ANY AND ALL CHILD SUPPORT/BPMIAL 9WRORT ARREARi GER
WHICH MAY BE DUE AND/OR PAYABLE WHIGS MAX CMQSTI-). A LIEN UW= T2m,
SdHJECT PROPERTY.
3. 80BONCT TO ANY AND ALL t"AtD WA'nM AND/OR SEWER C MUbnB .
4. LIMIT LIABILITY TO TEE AMOUNT PINAR= AM NOT TO THE; AMOCET FILED.
**#**#iiii###i#i#*##?Iriii##*i#**iii*i*i#i***#ii*i###***!##i*i*i###**##!i#iii#*#
YOUR PREMIUM FOR THIS MW TITLE INS. POLICY IN TR6 AW OF $1005$.50 IS ¢520.00
PLUS TOR REVOLVING LOAN MWORBENMRT FU MICH 18 $50.00,
FOR A TOTAL OF $470.00.
PLEASE CALL NATIONAL REAL ESTATE RM AN UPDATED TITLE QUOTATION IF THE
MOUNT BRING FINANCED CHANQFr.9 OR ANY MORSEMENTS NOW 70 BE INCLU M .
------------------------------SND OF C7MI170=7 ------
THIN TAXED COMMITMENT S$RV8S AS THB TRUE AND ACTUAL ORIGINAL
PLSASZ MAIL YOUR MORTGAM impoxmATIm POOR FILING TO r
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83/09/2884 16:42 7176579743 t*F-HARRI5BLRG PAGE 15
RXOUL R MAIL: FOR OVERNIGHT EXPRESS e
NTTN: MMIB PEI'ERH AT H: CHRIS PETERS
PREIS REC mmis SEC
5300A LINQELSTOWN ROAD 5300A LXNGEL971QW ROAD
BARRISBURQ FA 17112 HARRIOBURQ PA 17117
FED BXP # : .1-800-938-5385 (On F*d4%%&1. ZkPraea Air Sills; please be sure
to check F1Er?6X LET373R box in Standard overnight
colum. )
YOU AM 21m REASON WE' RE ITERB
---------------=--------------END OF TRANSMISSION ----------------------------
PsI?116?t'11111t?lId111?T3?',31 P1?Swldrdlhlj
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03/09/2004 19:42 7176579743
0
NW-HARRISBLRG
PAGE 16
MMYBYT A'
ALL THAT CERTAIN PROPERTY SITUATED IN TEW TOWNSBIP OF EAST
FF-MBBORO IN THE COULPPY OF CUMBERLAND AND COMKCVWEALTH OF
PWMSY1,VANIA, BEIM MORE FULLY DESCRIBED IN A AERD DATED
08/18/2000 AND REMIMED 08/10/20A0, AMONG THE LAIM RgCOR1?S
OF -ENE C*UTT17Y AND STATE SET FORTH ABO-%M, IN DEED VOLT24E 226
AND PAGE 1099 AND.
ADMIESS: 268 CARLISR AVE. ZMLA, PA 17028 TAX MAP OR
PARCEL ID NO.: 09-13-1002-224
Pap11@f11mWWwX=2MAP1pWft aAd1M
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VERIFICATION
I, Kristina G. Murtha, Esquire, hereby swear and affirm that the facts contained in the
foregoing Motion to Reform Mortgagee are true and correct to the best of my knowledge, in
formation and belief, based upon information provided by Plaintiff, CITIFINANCIAL
SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT COMPANY and
that said facts contained herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unsworn falsification to authorities.
GOLDBECK McCAFFERTY McKEEVER
Date: -
By:
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
CERTIFICATE OF SERVICE
DOCKET NO. 07-5899
I hereby certify that a true and correct copy of Plaintiffs Motion to Release Mortgage
and all supporting papers attached hereto was sent by first class mail, postage pre-paid, upon the
following on the date listed below:
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Date: November 2, 2007
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
Kyle cIntosh, Legal Assistant for
Kristina G. Murtha, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
I hereby certify that the location of the
real estate affected by this lien is:
Address:
268 Carlisle Avenue
Enola, PA 17025
By:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
COUNSEL OF RECORD:
GOLDBECK McCAFFERTY McKEEVER
l a3!
l d.A
-TI
?l J
CITIFINANCIAL
SERVICES, INC.,
ATTORNEY IN FACT
FOR CONSUMER
DISCOUNT COMPANY,
Plaintiff
V.
CHARLES J. SMEIGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-5899 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of November, 2007, upon consideration of Plaintiff's
Motion To Release Mortgage, a Rule is hereby issued upon Randell B. Smeigh and
Defendant Charles J. Smeigh to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days from the date of this order.
YKr ' stina G. Murtha, Esq.
ldbeck, McCafferty & Associates
Suite 5000 - Mellon Independence C
701 Market Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
andell B. Smeigh
903 Piketown Road
Harrisburg, PA 17112
c harles J. Smeigh
268 Carlisle Avenue
Enola, PA 17015
BY THE COURT,
{ I1 °t?V WAIASNN3?d
10:0 "d 91 AON IC91
?{bI?1G?iL?,d 3? d0
In the Court of Common Pleas of Cumberland Cumberland County
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT
FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
(Mortgagor(s) and Record Owner(s))
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
PRAECIPE FOR JUDGMENT
No. 07-5899
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against CHARLES J. SMEIGH by default for want of an Answer.
Assess damages as follows:
Debt
Interest from 12/20/2007 to Date of Sale
Total
(Assessment of Damages attached)
$32,828.60
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
eph A. oldbeck, Jr.
Attorney for Plaintiff
I.D. #16132
AND NOW ?£.C_ 2 / , 02!36'? , Judgment is entered in favor of
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT COMPANY and against
CHARLES J. SMEIGH by default for want of an Answer and damages assessed in the sum of $32,828.60 as per the ove
certification.
Nroonotary
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
No. 07-5899
VS.
CHARLES J. SMEIGH
(Mortgagors and Record Owner(s))
268 Carlisle Avenue
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 USED FOR THE
PURPOSE OF COLLECTING THE DEBT.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
Curt Long
Prothonotary
By: ztl??117 ? 1
_T? Deputy
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
56318FC
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
TO:
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR
CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff'
vs.
CHARLES J. SMEIGH
(Mortgagor(s) and Record Owner(s))
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
TO: CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
DATE OF THIS NOTICE: November 29, 2007
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 07-5899
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS
SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Joseph A. Goldbeck. A
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, CHARLES J. SMEIGH, is
about unknown years of age, that Defendant's last known
residence is 268 Carlisle Avenue, 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: \2„l Q m
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
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
CHARLES J. SMEIGH
(Mortgagor(s) and Record owner(s))
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
ACTION OF MORTGAGE FORECLOSURE
No. 07-5899
ORDER FOR JUDGMENT
Please enter Judgment in favor of CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR
CONSUMER DISCOUNT COMPANY, and against CHARLES J. SMEIGH 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 $32,828.60.
h A. Go beck, Jr.
Attorney for Plaintiff
I hereby certify that the above names are correct and that the precise residence address of the judgment
creditor is CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT
COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 and that the name(s) and last
known address(es) of the Defendant(s) is/are CHARLES J. SMEIGH, 268 Carlisle Avenue Enola, PA 17025;
A???m i, dda? jqfp
L ECK cCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney for Plaintiff
r
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance $22,816.18
Interest from 11/15/2006 through $3
652
00
12/19/2007 ,
.
Reasonable Attorney's Fee $2,000.00
Late Charges $251.55
Costs of Suit and Title Search $900.00
Escrow Payments Due 0 X $0.00 $0.00
Appraisal $225.00
Deferred Interest $2,596.87
Interest Adjustment 2nd Mortgage $2,596.
.00
$32,828.60
GO DBECK cCAFFERT
& McKEEVER
Joseph A. Goldbeck, Jr.
Attorney for Plaintiff
AND NOW, thisp?! ?+ day of-ler- , 2007 damages are assessed as above.
O Im rc;
w _J oil, 2
"to
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
-11 a uvruv? ityi 3Zn v 1l.t,J, 11V 1.., A 1 1 UKNt Y IN
FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
Mortgagor(s) and Record Owner(s)
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 07-5899
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
Interest from
12/20/2007 to Date of
Sale at 14.4000%
(Costs to be added)
$32,828.60
G LDBE K WCA?FERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-5899 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY, Plaintiff (s)
From CHARLES J. SMEIGH
(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 $32,828.60
L.L. $.50
Interest FROM 12/20/07 TO DATE OF SALE AT 14.4000%
Atty's Comm % Due Prothy $2.00
Arty Paid $190.20
Plaintiff Paid
Other Costs
Date: DECEMBER 21, 2007
(Seal)
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
a. F-y
Supreme Court ID No. 16132
r
07-5899
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
GOLDBECK McCAFFERTY & McKEEVER
CITIFINANCIAL SERVICES, INC., ATTORNEY
IN FACT FOR CONSUMER DISCOUNT
COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
Mortgagor(s) and Record Owner(s)
268 Carlisle Avenue
Enola, PA 17025
Defendant(s
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 07-5899
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: SMEIGH, CHARLES J.
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Your house at 268 Carlisle Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on
Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the
court judgment of $32,828.60 obtained by CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT
FOR 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
To prevent this Sheriffs Sale you must take immediate action:
07-5899
1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR 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 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriff of 717-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
07-5899
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-243-9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
5). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.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 56318FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
o a
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All that certain property situated in the Township of East Pennsboro in the County of Cumberland and
Commonwealth of Pennsylvania, being more fully described in a deed dated 08/08/2000 and recorded
08/10/2000 among the Land Records of the County and State set forth above, in Deed Volume 226 and
Page 1099.
Also described as:
All that certain piece or parcel of land situate in the Township of East Pennsboro, County of
Cumberland and State of Pennsylvania, being bounded and described as follows, to wit:
Beginning at a point on the Eastern line of Carlisle Avenue, said point being one hundred fifty-four
(154') feet, more or less, South of the Southeast corner of the intersection of said Carlisle Avenue and
Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction
along the Southern line of lot number fourteen (14) a distance of one hundred fifty (150') feet more or
less, to a point on the Western line of a public alley; thence in a Southerly direction along the Western
line of said public alley, a distance of one hundred (100') feet, more or less, to a point on the Northern
line of Lot number seventeen (17); thence westerly along the Northern line of said Lot number
seventeen (17), a distance of one hundred fifty (150') feet, more or less, to a point on the Eastern line of
aforementioned Carlisle Avenue, thence is a Northerly direction along the Eastern line of said Carlisle
Avenue, a distance of one hundred (100') feet, more or less, to a point, the place of beginning.
Tax Parcel #: 09-12-1002-224
Municipality: Township of East Pennsboro
Property Address: 268 Carlisle Avenue, Enola, PA 17025
***SUBJECT TO MORTGAGE***
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
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
(Mortgagor(s) and Record Owner(s))
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
No. 07-5899
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR 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:
268 Carlisle Avenue
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
CHARLES J. SMEIGH
268 Carlisle Avenue
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:
EAST PENNSBORO TOWNSHIP
98 S. Enola Drive
Enola, PA 17025
CITIFINANCIAL SERVICES, INC.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CITIFINANCIAL SERVICES, INC.
14415 S. 50th Street
Suite 100
Phoenix, AZ 85044
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT
COMPANY
1111 Northpoint Drive, Bldg. 4, Ste. 100
Coppell, TX 75019
ASSOCIATES FINANCIAL SERVICES CO. INC.
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 may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
268 Carlisle Avenue
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 unswom falsification to authorities.
DATED: December 19, 2007 -A L
CG LDBE MCCAFFER & McKEEVER
Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05899 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL SERVICES INC
VS
SMEIGH CHARLES J
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SMEIGH CHARLES J the
DEFENDANT , at 2015:00 HOURS, on the 2nd day of November-, 2007
at 268 CARLISLE AVENUE
ENOLA, PA 17025
CHARLES J SMEIGH
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
18.00
4 3 . 2 0 .00
t a'd
10.00 R. Thomas Kline
.00
71.20 11/06/2007
GOLDBECK MCCAFFERTY MCKEEVER
By: 4???7z
day Deputy Sheriff
of , A. D.
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
56318FC
CF: 10/05/2007
SD: 06/11/2008
$32,828.60
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
VS.
CHARLES J. SMEIGH
Mortgagor(s) and
Record Owner(s)
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Term
No. 07-5899
Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the
Defendants of the Notice of Sheriff Sale was made by:
00 Personal Service by the Sheriffs Office%emlaeteRs adn"copy of return attached).
( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record
(proof of mailing attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment
attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified
Mail attached).
( ) Published in accordance with court order (copy of publication attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been
made by ordinary mail by Michael T. McKeever, 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.
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Res ct ty su e
9 ?: ichael cKeever
Attorney for Plaintiff
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Citifmaneial Services, Inc., Attorney-In-Fact
For Consumer Discount Company
VS
Charles J. Smeigh
CS4c
David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on
February 28, 2008 at 1655 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: Charles J.
Smeigh, by making known unto Charles J. Smeigh personally at 268 Carlisle Avenue, Enola,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the
said true and correct copy of the same.
Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April
O1, 2008 at 1117 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 Charles J. Smeigh located at 268
Carlisle Ave., 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: Charles J.
Smeigh by regular mail to his last known address of 268 Carlisle Ave., Enola, PA 17025. This
letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office.
So Answers:
R. Thomas Kline, Sheriff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-5899 Civil Tenn
BY'?AjA Yvu&
Real Estate rgeant
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6320
Attorney for Plaintiff
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR
CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
Mortgagor(s) and Record Owner(s)
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
Tema
No. 07-5899
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT COMPANY,
Plaintiff in the above action, by its attorney, Michael T. McKeever, 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:
268 Carlisle Avenue
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
CHARLES J. SMEIGH
268 Carlisle Avenue
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
EAST PENNSBORO TOWNSHIP
98 S. Enola Drive
Enola, PA 17025
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CITIFINANCIAL SERVICES, INC.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
Harrisburg, PA 17105-2675
CITIFINANCIAL SERVICES, INC.
14415 S. 50th Street
Suite 100
Phoenix, AZ 85044
4. Name and address of the last recorded holder of every mortgage of record:
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT
COMPANY
1111 Northpoint Drive, Bldg. 4, Ste. 100
Coppell, TX 75019
ASSOCIATES FINANCIAL SERVICES CO. INC.
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 may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
268 Carlisle Avenue
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 unworn falsification to authorities.
DATED: May 20, 2008 / r
B cCAFFER McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
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31
Citifinancial Services, Inc., Attorney-In-Fact In the Court of Common Pleas of
For Consumer Discount Company Cumberland County, Pennsylvania
VS Writ No. 2007-5899 Civil Term
Charles J. Smeigh
David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on
February 28, 2008 at 1655 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: Charles J.
Smeigh, by making known unto Charles J. Smeigh personally at 268 Carlisle Avenue, Enola,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the
said true and correct copy of the same.
Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April
O1, 2008 at 1117 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 Charles J. Smeigh located at 268
Carlisle Ave., 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: Charles J.
Smeigh by regular mail to his last known address of 268 Carlisle Ave., Enola, PA 17025. This
letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office,.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Joseph Goldbeck. Plaintiff collected
$1,000.00 towards debt.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Law Library
Prothonotary
Mileage
Levy
Surcharge
Law Journal
Patriot News
Share of bills
So Answers:
R. Thomas Kline, Sheriff
BIB
Real Estate jrgae??adntL
30.00
20.00
15.00
15.00
.50
2.00
29.40
15.00
20.00
371.00
372.17
14.73
$904.80 V GPM ?...
/00 33
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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
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
(Mortgagor(s) and Record Owner(s))
268 Carlisle Avenue
Enola, PA 17025
Defendant(s)
No. 07-5899
AFFIDAVIT PURSUANT TO RULE 3129
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR 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:
268 Carlisle Avenue
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
CHARLES J. SMEIGH
268 Carlisle Avenue
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:
EAST PENNSBORO TOWNSHIP
98 S. Enola Drive
Enola, PA 17025
CITIFINANCIAL SERVICES, INC.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CITIFINANCIAL SERVICES, INC
14415 S. 50th Street
Suite 100
Phoenix, AZ 85044
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT
COMPANY
1111 Northpoint Drive, Bldg. 4, Ste. 100
Coppell, TX 75019
ASSOCIATES FINANCIAL SERVICES CO. INC.
111 I 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 may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
268 Carlisle Avenue
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: December 19, 2007 0 "A tL-6
4LGDBE MCCAFFERT & McKEEVER
Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
07-5899
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
CITIFINANCIAL SERVICES, INC., ATTORNEY
IN FACT FOR CONSUMER DISCOUNT
COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
Mortgagor(s) and Record Owner(s)
268 Carlisle Avenue
Enola, PA 17025
Defendant(s
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 07-5899
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: SMEIGH, CHARLES 1.
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Your house at 268 Carlisle Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on
Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm. 2nd FL Courthouse to enforce the
court judgment of $32,828.60 obtained by CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT
FOR 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
To prevent this Sheriffs Sale you must take immediate action:
07-5.899
1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR 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.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriff of 717-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
01
07-5899
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-243-9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov_ for Help for Homeowners Facing the
Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
5). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention@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 fine'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 5631817C.
Para informacion en espanol puede communicarse con Loretta a1215-825-6344.
All that certain property situated in the Township of East Pennsboro in the County of Cumberland and
Commonwealth of Pennsylvania, being more fully described in a deed dated 08/08/2000 and recorded
08/10/2000 among the Land Records of the County and State set forth above, in Deed Volume 226 and
Page 1099.
Also described as:
All that certain piece or parcel of land situate in the Township of East Pennsboro, County of
Cumberland and State of Pennsylvania, being bounded and described as follows, to wit:
Beginning at a point on the Eastern line of Carlisle Avenue, said point being one hundred fifty-four
(154') feet, more or less, South of the Southeast corner of the intersection of said Carlisle Avenue and
Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction
along the Southern line of lot number fourteen (14) a distance of one hundred fifty (150') feet more or
less, to a point on the Western line of a public alley; thence in a Southerly direction along the Western
line of said public alley, a distance of one hundred (100') feet, more or less, to a point on the Northern
line of Lot number seventeen (17); thence westerly along the Northern line of said Lot number
seventeen (17), a distance of one hundred fifty (150') feet, more or less, to a point on the Eastern line of
aforementioned Carlisle Avenue, thence is a Northerly direction along the Eastern line of said Carlisle
Avenue, a distance of one hundred (100') feet, more or less, to a point, the place of beginning.
Tax Parcel #: 09-12-1002-224
Municipality: Township of East Pennsboro
Property Address: 268 Carlisle Avenue, Enola, PA 17025
***SUBJECT TO MORTGAGE***
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-5899 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY, Plaintiff (s)
From CHARLES J. SMEIGH
(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 $32,828.60 L.L. $.50
Interest FROM 12/20/07 TO DATE OF SALE AT 14.4000%
Atty's Comm % Due Prothy $2.00
Atty Paid $190.20 Other Costs
Plaintiff Paid
Date: DECEMBER 21, 2007
(Seal)
liepury
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 16132
Real Estate Sale # 12
On February 15, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 268 Carlisle Avenue, Enola,
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: February 15, 2008
By:
Real Estate Sergeant
h5 *b d 9Z 330 1001
Id ',kINn0? C', J :j=di is
d.?I?3NS 3H1 _o 'j!A }
''the Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
cue Patriot-News
Now you know
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:
04/23/08
04130/08
Q? 05/07/08
Sworn to gfid spscribed before me this 27 day of May, 2008 A.D
U Notary Publid I
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Chyrle L. Sheppard, Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires May 29, 2010
Member, Pennsylvania Association of Notaries
Real Estate Sale #12
Writ No. 2007-5899 Civil Term
Citifinancial Services, Inc.,
Attorney in Fact for Consumer
Discount Company
VS
Charles J. Smeigh
Attorney: Joseph Goldbeck
DESCRIPTION
All that certain property situated in the
Township of East Penmsboro in the County of
Cumberland and Commonwealth of
Pennsylvania, being more fully described in a
deed dated 08/08/2000 and recorded 08/1012000
among the Land Records of the County and
State set forth above, in Deed Volume 226 and
Page 1099.
Also described as:
All that certain piece or parcel of land situate in
the Township of East Pennsboro, County of
Cumberland and State of Pennsylvania, being
bounded and described as follows. to wit:
Beginning at a point on the Eastern line of
Carlisle Avenue. said point being one hundred
fifty-four (154') feet, more or less, South of the
Southeast corner of the intersection of said
Carlisle Avenue and Church Street, said Church
Street now being known as Shady Lane; thence
in an Easterly direction along the Southern line
of lot number fourteen (14) a distance of one
hundred fifty (150) feet more or less, to a point
on the Western line of a public alley: thence in a
Southerly direction along the Western line of
aid public alley, a distance of one hundred
11(0) feet, more or less, to a point on the
Northern line of Lot number seventeen (17);
thence westerly along the Northern line of said
Lot number seventeen (17), a distance of one
hundred fifty (150') feet, more or less, to a point
on the Eastern line of aforementioned Carlisle
venue, thence is a Northerly direction along
the Eastern line of said Carlisle Avenue, a
distance of one hundred (100') feet, more or
Tess, to a point. the place of beginning.
hix Parcel #:09-12-1002-224
Municipality: Township of East Pennsboro
."roperty Address: 268 Carlisle Avenue, Enola,
R 17025
"`SUBJECT TO MORfGAGE***
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
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:
May 2, May 9, and May 16, 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.
01a Marie Coyne, E for
SWORN TO AND SUBSCRIBED before me this
16 day of May, 2008
C
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL ESTATE BALL NO. 12
Writ No. 2007-5899 Civil
Citifinancial Services, Inc.,
Attorney in Fact for Consumer
Discount Company
VS.
Charles J. Smeigh
Atty.: Joseph Goldbeck
All that certain property situated
in the Township of East Pennsboro
in the County of Cumberland and
Commonwealth of Pennsylvania,
being more fully described in a deed
dated 08/08/2000 and recorded
08/10/2000 among the Land Rec-
ords of the County and State set
forth above, in Deed Volume 226 and
P"e 1099.
Also described as:
Ali that certain piece or parcel of
Lmd situate in the Township of Fast
Pennsboro, County of Cumberland
and State of Pennsylvania, being
bounded and described as follows,
to wit:
Beginning at a point on the East-
ern line of Carlisle Avenue, said point
being one hundred fifty-four (154')
feet, more or less, South of the South-
east comer of the intersection of said
Carlisle Avenue and Church Street,
said Church Street now being known
as Shady Lane; thence in an Easterly
direction along the Southern line of
lot number fourteen (14) a distance of
one hundred fifty (150') feet more or
less, to a point on the Western line of
a public alley; thence in a Southerly
direction along the Western line of
said public alley, a distance of one
hundred (1001) feet, more or less,
to a point on the Northern line of
Lot number seventeen (17); thence
westerly along the Northern line of
said Lot number seventeen (17), a
distance of one hundred fifty (1501)
feet, more or less, to a point on the
Eastern line of aforementioned Car-
lisle Avenue, thence is a Northerly
direction along the Eastern line of
said Carlisle Avenue, a distance of
one hundred (1001) feet, more or less,
to a point, the place of beginning.
Tax Parcel #: 09-12-1002-224.
Municipality: Township of East
Pennsboro.
Property Address: 268 Carlisle
Avenue, Enola, PA 17025.
***SUBJECT TO MORTGAGE*-
GOLDBECK McCAFFERTY & McKEEVER
BY: Kristina G. Murtha, Esquire
Attorney I.D.#61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6342
Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC., I
ATTORNEY IN FACT FOR CONSUMER
DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
vs.
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
No. 07-5899
MOTION TO MAKE RULE ABSOLUTE
Plaintiff, CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER
DISCOUNT COMPANY, moves to make a rule absolute for the following reasons:
1. Plaintiff filed its Motion to Release Mortgage on November 2, 2007. A true and
correct copy of Plaintiff's Motion is attached as Exhibit A.
2. A Rule was issued by the Court dated November 13, 2007 signed by The
Honorable J. Wesley Oler with a return date of twenty (20) days from the date of the Court
Order. Exhibit B.
3. Upon information and belief, no response to the Petition has been filed with the
Court or served upon Plaintiff.
WHEREFORE, Plaintiff prays that the Court make the rule absolute and enter the
attached Order.
Respec e
,
Kristi . Mur t ha, Esquire
Exhibit List
A. Plaintiff's Motion to Release Mortgage
B. Rule Returnable issued by the Court
Exhibit A
Plaintiff's Motion to Release Mortgage
GOLDBECK MCCAFFERTY & WHEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
0
Suite 5000 - Mellon Independence Center
701 Market Street r 1-1
r=
Philadelphia, PA 19106-1532 -r, m
215-627-1322 = '•- =" _'
Attorney for Plaintiff - --
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
VS.
CHARLES J. SMEIGH
Plaintiff
Defendant
IN THE COURT OF COAQ46N PL
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
MOTION TO RELEASE MORTGAGE
AND NOW, comes Plaintiff, by its attorney, Kristina G. Murtha, Esq., of Goldbeck,
McCafferty & McKeever, and represents as follows:
1. The above case is one in mortgage foreclosure, based on a default on the residential
mortgage forming the subject of the action.
2. The real property foreclosed is commonly known as 268 Carlisle Avenue, Enola, PA
17025 ("the Property")
3. In anticipation of Plaintiffs foreclosure action, a title search was obtained and a prior
mortgage to Randell B. Smeigh (the "Respondent") showed of record.
4. Said mortgage to Randell B. Smeigh was recorded in the Office of the Recorder of Deeds
on May 6, 1999 in Book 1539, Page 1061 in the amount of $ 9,300.00.
5. As evidenced on a marked up commitment for title insurance, the mortgage to
Respondent was to be paid off with the proceeds from the settlement held on February 24, 2003.
A copy of that marked up commitment is attached hereto as Exhibit "A".
6. Despite payment in full, the mortgage to Respondent was never satisfied of record with
the Recorder of Deeds of Cumberland County.
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
CERTIFICATE OF SERVICE
DOCKET N0.07-5899
I hereby certify that a true and correct copy of Plaintiffs Motion to Release Mortgage
and all supporting papers attached hereto was sent by first class mail, postage pre-paid, upon the
following on the date listed below:
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Date: November 2- 2007
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
K4ecIntshshl
, Leg
aAssistant for
Kristina G. Murtha, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CITIFINANCIAL
SERVICES, INC.,
ATTORNEY IN FACT
FOR CONSUMER
DISCOUNT COMPANY,
Plaintiff
V.
CHARLES J. SMEIGH,
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-5899 CIVIL TERM
ORDER OF COURT
AND NOW, this 13'h day of November, 2007, upon consideration of Plaintiff's
Motion To Release Mortgage, a Rule is hereby issued upon Randell B. Smeigh and
Defendant Charles J. Smeigh to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days from the date of this order.
ina G. Murtha, Esq.
oldbeck, McCafferty & Associates
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
Randell B. Smeigh
903 Piketown Road
Harrisburg, PA 17112
Charles J. Smeigh
268 Carlisle Avenue
Enola, PA 17015
BY THE COURT,
NOV 0 820070KI
CTTIFINANCIAL SERVICES, INC., ATTORNEY
IN FACT FOR CONSUMER DISCOUNT
COMPANY
CHARLES J. SMEIGH
AND NOW, this
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
IN THE COURT OF COMMON PLEAS
Plaintiff
VS.
Defendant
ORDER OF COURT
day of
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
2007,
upon consideration of the within Motion to Release Mortgage, it is
HEREBY ORDERED that the mortgage given by CHARLES J. SMEIGH to
RANDELL B. SMEIGH, recorded in the Office of the Recorder of Deeds of Cumberland
County, on May 6, 1999 in Book 1539, Page 1061, et seq., be and is hereby released.
It is further ORDERED that the Recorder of Deeds of Cumberland County, Pennsylvania
shall record a copy of this Order.
BY THE COURT:
J.
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858 n n
Suite 5000 - Mellon Independence Center - f . -- -+
701 Market Street =. ; .
Philadelphia, PA 19106-1532 =` :
215-627-1322
w
Attorney for Plaintiff =
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
IN THE COURT OF
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
CHARLES J. SMEIGH
Defendant
MOTION TO RELEASE MORTGAGE
AND NOW, comes Plaintiff, by its attorney, Kristina G. Murtha, Esq., of Goldbeck,
McCafferty & McKeever, and represents as follows:
The above case is one in mortgage foreclosure, based on a default on the residential
mortgage forming the subject of the action.
2. The real property foreclosed is commonly known as 268 Carlisle Avenue, Enola, PA
17025 ("the Property')
3. In anticipation of Plaintiffs foreclosure action, a title search was obtained and a prior
mortgage to Randell B. Smeigh (the "Respondent") showed of record.
4. Said mortgage to Randell B. Smeigh was recorded in the Office of the Recorder of Deeds
on May 6, 1999 in Book 1539, Page 1061 in the amount of $ 9,300.00.
5. As evidenced on a marked up commitment for title insurance, the mortgage to
Respondent was to be paid off with the proceeds from the settlement held on February 24, 2003.
A copy of that marked up commitment is attached hereto as Exhibit "A".
6. Despite payment in full, the mortgage to Respondent was never satisfied of record with
the Recorder of Deeds of Cumberland County.
.
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
CI TIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
VS.
CHARLES J. SMEIGH
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Motion to Release Mortgage
and all supporting papers attached hereto was sent by first class mail, postage pre-paid, upon the
following on the date listed below:
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
Kyle 14cintosh, Legal Assistant for
Kristin G. Murtha, Esquire
Attorney for Plaintiff
Date: November 2. 2007
GOLDBECK McCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Plaintiff
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
VS.
CHARLES J. SMEIGH
Plaintiff
Defendant
I hereby certify that the location of the
real estate affected by this lien is:
Address:
268 Carlisle Avenue
Enola, PA 17025
By.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
COUNSEL OF RECORD:
GOLDBECK McCAFFERTY McKEEVER
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CI TIFINANCIAL SERVICES, INC., ATTORNEY
IN FACT FOR CONSUMER DISCOUNT
COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
ORDER OF COURT
AND NOW, this day of 2007,
upon consideration of the within Motion to Release Mortgage, it is
HEREBY ORDERED that the mortgage given by CHARLES J. SMEIGH to
RANDELL B. SMEIGH, recorded in the Office of the Recorder of Deeds of Cumberland
County, on May 6, 1999 in Book 1539, Page 1061, et seq., be and is hereby released.
It is further ORDERED that the Recorder of Deeds of Cumberland County, Pennsylvania
shall record a copy of this Order.
BY THE COURT:
J.
GOLDBECK WCAFFERTY & McKEEVER
A Professional Corporation
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
(215) 627-1322
FAX (215) 627-7734
November 1, 2007
Prothonotary of Cumberland County
Prothonotary of Cumberland County
1 Courthouse Square
Carlisle, PA 17013
RE: CITIFINANCIAL SERVICES, INC., ATTORNEY IN FACT FOR
CONSUMER DISCOUNT COMPANY vs. CHARLES J. SMEIGH
CCP OF Cumberland COUNTY
DOCKET NO.: 07-5899
Dear Sir or Madam:
Enclosed please find an original and a copy of Plaintiffs Motion to Release Mortgage in
the above-referenced matter. Kindly file the same of record with the Court and return a time-
stamped copy in the self-addressed stamped envelope provided. Should you have any questions
or comments, please do not hesitate to contact me. Your assistance in this matter is appreciated.
Sincerely,
By:
GOLDBECK McCARTY McKEEVER
Kristina G:
GOLDBECK MCCAFFERTY & MWEEVER
Kristin G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN IN THE COURT OF COMMON PLEAS
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
vs.
CHARLES J. SMEIGH
Defendant
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
MOTION TO RELEASE MORTGAGE
AND NOW, comes Plaintiff, by its attorney, Kristina G. Murtha, Esq., of Goldbeck,
McCafferty & McKeever, and represents as follows:
1. The above case is one in mortgage foreclosure, based on a default on the residential
mortgage forming the subject of the action.
2. The real property foreclosed is commonly known as 268 Carlisle Avenue, Enola, PA
17025 ("the Property')
3. In anticipation of Plaintiffs foreclosure action, a title search was obtained and a prior
mortgage to Randell B. Smeigh (the "Respondent') showed of record.
4. Said mortgage to Randell B. Smeigh was recorded in the Office of the Recorder of Deeds
on May 6, 1999 in Book 1539, Page 1061 in the amount of $ 9,300.00.
5. As evidenced on a marked up commitment for title insurance, the mortgage to
Respondent was to be paid off with the proceeds from the settlement held on February 24, 2003.
A copy of that marked up commitment is attached hereto as Exhibit "A".
6. Despite payment in full, the mortgage to Respondent was never satisfied of record with
the Recorder of Deeds of Cumberland County.
? e }
7. On September 14, 2007, Plaintiff attempted to contact Respondent via overnight letter to
have him execute a Release of Mortgage, as he's required to do under Pennsylvania Law 21
Pa.C.S.A. s72-1, et s . To date, there has been no response to said attempt.
8. Plaintiff made several attempts to obtain an alternate address and/or phone number for
the Respondent, but was not able to locate one.
9. The mortgage to Respondent creates a cloud on title.
WHEREFORE, Plaintiff now moves this honorable Court for an Order to release the
mortgage recorded May 6, 1999 in Book 1539, Page 1061. Plaintiff also requests that the
Recorder of Deeds record a copy of the order.
Respectfully submitted,
By:
GOLDBECK McCAFFERTY McKEEVER
GOLDBECK MCCAFFERTY & WKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attornev for Plaintiff
CTTIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
CHARLES J. SMEIGH
Defendant
BRIEF IN SUPPORT OF MOTION
TO RELEASE MORTGAGE
The above case is one in mortgage foreclosure, based on a default on the residential mortgage
forming the subject of the action. 3. In anticipation of Plaintiff's foreclosure action, a title
search was obtained and a prior mortgage to Randell B. Smeigh (the "Respondent') showed of
record. Said mortgage to Randell B. Smeigh was recorded in the Office of the Recorder of
Deeds on May 6, 1999 in Book 1539, Page 1061 in the amount of $ 9,300.00. As evidenced on a
marked up commitment for title insurance, the mortgage to Respondent was to be paid off with
the proceeds from the settlement held on February 24, 2003. Despite payment mull, the
mortgage to Respondent was never satisfied of record with the Recorder of Deeds of
Cumberland County.
On September 14, 2007, Plaintiff attempted to contact Respondent via overnight letter to
have him execute a Release of Mortgage, as he's required to do under Pennsylvania Law 21
Pa.C.S.A. s72-1, et sea. To date, there has been no response to said attempt. Plaintiff made
several attempts to obtain an alternate address and/or phone number for the Respondent, but was
not able to locate one. The mortgage to Respondent creates a cloud on title.
y •
WHEREFORE, Plaintiff now moves this honorable Court for an Order to release the
mortgage recorded May 6, 1999 in Book 1539, Page 1061. Plaintiff also requests that the
Recorder of Deeds record a copy of the order.
Respectfully submitted,
By:
GOLDBECK McCAFFERTY McKEEVER
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PAGE 12
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Date Yssuedr 02/19/2003 Amount of 9oliay..010058.5O
Date Effective: 82/10/2003 Account No : IM173
Proposed Iowaredi
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ATTt: Matz
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eammitum,xt and oawomd herein Is 'a fee simple and title to the estate or
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MW RPAM 109P AND.
ADORMS r 269 CARLI08 AV%. ! 2902A, PA 17028 TAX MAP on
PARCCL ID NO.: 09-12-1002-224
? al?apai?rala?aoerr?l r????
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EXHIBIT "A "
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X13:1? a/ 2u0d 16.42 7176579743 If- F-MMISBLPu
SCHMMI a - sac.- 1C H 1
The following are the requirements to be amplied withe
1. INSTRUMM1T(a) CRSATINQ TER ESTATB OR INTEREST TO 22 INSURED MUST BE
APPROVED, MUICMMD, DZLZVW 'I1b AND P17AD FM REOMD.
2. P20PHRLY EXBCRT!'ED NORTGMM PROP[ C1WI,RS J. SMEIGH, NOT STATIM, AND
TO MASHIMM 1NMXML FINANCB.
3. PROOF POSITIVE THAT ANY AMID At& MPAID REAL ESTATE TAXES ARE/HAVS
HB?r PAID CVlatom .
4. MOnBMMt EXECUM CHILD 8IMM/SPOITS," SUM= ATFIDAVIT D=TXXG
go ARRM MiMB oar Ructab Amps PROOF OF PAYMENT BY TIM DMWIC
RELA6TIOHB C XMT .
8. PROOF of PAYMENT OF THE LAST THREW (3) YEARS REAL BSTATZ AND
MmRCIPAL Caium (I.E. MATER AM Sl:MEA CHARGES) SHDULD 82 PROVIDBD,
TO THE BATISFACTICK OF THE Cz7MPAMY. IF EO SUCH PROOF C'hN a8
PROVIDED. TER PZML POLICY WILL CCHTAIM A SIMDARD EXCM I?TICS F= ANY
MPAID TAXES AM MMIOIPAY. CHARMS.
SCHEDULE B - ax=zcw a
PAGE 13
The premises endorsed hersaa are subject to the following items which
together with itew zot removed in schedule 2-1, will be excepted in'the
policy.
7218 TRANSMSSION DOES NOT CONTAIN TtM8 STAND"D sZMP'PIC KS TO ODVZRKM FOM
IN THE ALTA 0CFl4I7Mi T FMK. PWASE D8 AMIMM THAT TBZY DO APPLY OR TRIB
CMWI271lxiT TRANAMSSICK.
SCHBDULB A OF THE POLICY!! OR POLICIM TO B8 ISSLHD WILL CONTAIN =IC"xMC KB
TO ME FOLLOW= MATTERM CI XMB THE SAME ARE DISPOSED OF TO 788 MATISFAC'TION
OF THE OUMAM s
#!!!&!*!#####!##!#!!!###*##!#!#*##! TAX89 *#*#*!!#!**#*!#!##!!#!!##!#####*#!!!
1. THE FOLLOWING TAX INPOI MTICN REMS TO MAP "HER OR PARCEL ID
09-13-1002-224! 11? 6 -1
COMM TAX FOAL THE YEAR 2007 IN MM A19OWT OF 61, 479'.74 ARE UNPAID.
ALL 7AXE9. LIIIMD o8 uBLIUM. ARE SUBJECT TO PUML7Y AAA MEET Aim
OHOMD M VERIFIED WITH LOCAL AZIrPl KXTIEB TO I PROP= PAYOFF.
PLEASE COMTACP T88 TOMNSHIP OF HAST PMMf MM OR YOWL C MT0MER F(M ALL
PAID TAX Bz=IPTB.
PIp11d1S MGx=Mpj1ft 3W"7llj
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03109/2684 18:42 7176579743 1Jw-I59XRG PAGE 14
*it!!**i****!!3#littlft!ltitiitlR YAXR%M5 RR!!;!i!!R!!!R!!tt!*!!*iRtt***t!*R
1. FPAMfs CHARLES J. DM1EIGH
'TBWIlM s RM 2TA=
HOLDERS- RlNDALL R. SM03I0R
n&TJ2D1 10/14/1997 XEO02MED: 05/06/1999 VOL.: 1939 PAM- 1061
A0K)twS. $9.300.00 OPM ENDS NO A /?
ASSIGUM S NCHE T[ ij
0010mrs HOT MsMICU= IN 3129 Pam C&J
*R**Rt1*R*i*il:t;tt#!t!!YYltRfttR!!!! LIMB i;iiftA*i!t!i*!liRi*titii*!if!*iitft
i. TYPE OF LIEN: JUDGMENT FILM: 12/20/2002
IM=/VOL/PAOMs 2002-06051 MOMS 942.77
11v FAVOR OPS EAST P>RMOORO TOMOiSHIP
AM =ST; CffMLW SMIEIGH pfcy,39
itlf#ii#!4411*liiitttli*lftit#i M(I$QSLL>!1?OIIS i#1111#*!t#i*it#tlitliiiY*lttitt
!i#tt#R*lRtRRt**ttlstRi! STAEDMU) OR SPECIAL EXCUMOIfS l::ffliffYYffiRf!lfftf!
1. SUDaZCT TO ANY MM A144 DHPAID AND/O8 DMLM5Qt=T REAL. EOTATZ TA=g,
2. aOAJZM TO ANY AHD AM CHILD SUPPORT/aPOUSAL BUPDORT ASREAXPANIM
WHICH MY BS DOS MW/02: PAVAWA WHICH MAY OORSTITOT2; A LIEN URM TSS'
SUBJECT PROPERTY.
3 . SGSJECP TO ANY mm At,L UWPAID WAMM AHD/OR SEM c mums .
!. LIMIT UNDILITY TO TM AMOCMT PIM MBD AM ROT TO TZZ AMMDWP ySLED.
liii*!fi#1141**!##tt#1444#*!t*#1!41111*Altittliit!!!!ilfi!!it#ttiiiittititttit
YOUR PRENUM FOR TRIO N= TITLE INS. POLICY IN 7B8 ANT OF $10088.80 19 #420.00
PLUS Tm R74OLVIM LOAN BiwoRBEblTa'IIT PSE MMICH IS 450.00,
FOR A TOTAL OF $470.00.
PLEASE CALL NATIONAL REAL ESTATE RM All UPDATED TITLE QDDTATION IF ffi
JWMDC W ARM VZXA = CSDUWM OR ANY 33MORSAMOMT9 IMM TO 8= INCIMM.
------------------------------ UM OF 00mnl4m----------- ^----------------
THIS PMED OCMITM ENT SERVU AS TIM Tmm mm xcTu 1L OitIonTAL
PLVA8 Z MAIL YCM NORMON IliftwaTttm FOR FILIR[! 70 1
ha11d11MabM1s=K2 t11?1pft1l2W1W
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83/09/2004 18:42 7176579743
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PAGE 15
R6OUIaR MAIL: FOR OVERNIGHT BXPMfil s
ATTN s OIQUB MXRa ATTN. CXXIS PETIM
muza RISC URIs R=
5300A znMELSTONN ROAD 5300A, LI]VGM97%XW MMD
BARRIeBMQ FA 17112 NIRRISBDMQ PA 17112
FBD M=P # i .1-800-23S-5365 (On Fadural >slepzras AAX Bills; Plssss bs sure
to cback yk L box in standard OVOrnight
colmean.
YOU ARZ 2ME IMSOI9 W6' RE 3=8
---------------=--------------tBND OF TRAILBMIR$ION--------- -- ------
IP*Si1tM U0MILdIi311MP11RIMli"
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03/09/2004 20:42 7176579743
1+A4<-F#NiRIS3LRG
232121T A
ALL THAT CERTAIN PROPERTY SITWITED IN TUB TOWMSBIP OF BUT
Pk1`A samo IN Tim Coul Y OP MMBHRLAMD AND O NEALTS OF
PMSYLV.'SNIA, BErHQ MORE FULLY WJCRIBED IN A DHQD DATED
08/18/2000 AM RECORDED 08/20/2000. AMONG THN LAM RGWRDS
OF -i'NS COUHTY AND STATE SET FORTH AWa, IN DEED VOLUME 226
AND PACZ 1099 JM.
ADDi6tS8S: 268 CARLIBS AVB. Eg=, PA 17025 TAX MAP OR
PARCEL ID AO.: 09-13-1002-224
?u?1l?arwa??eooat??lnl?ans?aao?
PACE 16
I
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,M a V •
VERIFICATION
I, Kristin. G. Murtha, Esquire, hereby swear and affirm that the facts contained in the
foregoing Motion to Reform Mortgagee are true and correct to the best of my knowledge, in
formation and belief, based upon information provided by Plaintiff, CTTIFINANCIAL
SERVICES, INC., ATTORNEY IN FACT FOR CONSUMER DISCOUNT COMPANY and
that said facts contained herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unworn falsification to authorities.
GOLDBECK McCAFFERTY McKEEVER
Date: -? -01 By.
stinia M a, squire
Attorney for Plaintiff fJ'
GOLDBECK WCAFFERTY & McKEEVER
Kristina G. Murtha, Esq.
Attorney ID #61858
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
CERTIFICATE OF SERVICE
DOCKET NO. 07-5899
I hereby certify that a true and correct copy of Plaintiffs Motion to Release Mortgage
and all supporting papers attached hereto was sent by first class mail, postage pre-paid, upon the
following on the date listed below:
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
RANDELL B. SMEIGH
903 Piketown Road
Harrisburg, PA 17112
Kyle McIntosh, Legal Assistant for
Kristina G. Murtha, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Date: November 2. 2007
t 0& •
Exhibit B
Rule Returnable issued by the Court
CITIFINANCIAL
SERVICES, INC.,
ATTORNEY IN FACT :
FOR CONSUMER
DISCOUNT COMPANY,
Plaintiff
V.
CHARLES J. SMEIGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA-.
CIVIL ACTION - LAW
NO. 07-5899 CIVIL TERM
ORDER OF COURT
AND NOW, this 13`x' day of November, 2007, upon consideration of Plaintiff's
Motion To Release Mortgage, a Rule is hereby issued upon Randell B. Smeigh and
Defendant Charles J. Smeigh to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days from the date of this order.
/Kr' ma G. Murtha, Esq.
beck, McCafferty & Associates
5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
Randell B. Smeigh
903 Piketown Road
Harrisburg, PA 17112
Charles J. Smeigh
268 Carlisle Avenue
Enola, PA 17015
BY THE COURT,
0- c v 4
701 Market Street
GOLDBECK McCAFFERTY & McKEEVER
BY: Kristina G. Murtha, Esquire
Attorney I.D.#61858
Suite 5000 - Mellon Independence Center
Philadelphia, PA 19106-1532
215-825-6342
Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC.,
ATTORNEY IN FACT FOR CONSUMER
DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
vs.
Plaintiff
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Defendant
CERTIFICATE OF SERVICE
No. 07-5899
I, Cheryl A. Dilchus, hereby certifies that she did serve Defendant CHARLES J.
SMEIGH , a copy of Plaintiffs Motion to Make Rule Absolute by first class mail on or about
July 1, 2008 at 268 Carlisle Avenue, Enola, PA 17025268 Carlisle Avenue, Enola, PA 17025
qChetyl usSr. Litigation Paralegal
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
?? ??
m
c'" ??
_.?
::.. stz
?_ ..a
. rA
?.
'Al Y
AUG 2 5 200
NOV 0 81001p?
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CITIFINANCIAL SERVICES, INC., ATTORNEY
IN FACT FOR CONSUMER DISCOUNT
COMPANY
Plaintiff
VS.
CHARLES J. SMEIGH
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DOCKET NO. 07-5899
ORDER OF COURT
Zaa?
AND NOW, this day of ?
upon consideration of the within Motion to Release Mortgage, it is
HEREBY ORDERED that the mortgage given by CHARLES J. SMEIGH to
RANDELL B. SMEIGH, recorded iri the Office of the Recorder of Deeds of Cumberland
County, on May 6, 1999 in Book 1539, Page 1061, et seq., be and is hereby released.
It is further ORDERED that the Recorder of Deeds of Cumberland County, Pennsylvania }
shall record a copy of this Order. yr &37 r vy o? a cr re v t r c d Z' ? ! ` YI s
I -} r7,
I C.
G o S'Cr S4+z Cove ?e4 Z C1 Lo j 'i ' CJ ?? C-
ke.c 49 d es ?t is ui o se . BY THE COURT:
XJJN?
00 .C t'd LZ OAV 9001
AV
GOLDBECK McCAFFERTY & WKEEVER
BY: Michael T. McKeever
Attorney I . D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC., ATTORNEY IN
FACT FOR CONSUMER DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
vs.
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Defendant
PRAECIPE TO VACATE JUDGbWNT
TO THE PROTHONOTARY:
No. 07-5899
Kindly vacate the judgment upon payment of your costs only.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
% ?&?% Lrj?&) l/I.JC.J ?
MICHAEL T. MCKEEVER, ESQUIRE
W V
CA V 't3
6 ?
CP q t r
GOLDBECK WCAFFERTY & McKEEVER
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
CITIFINANCIAL SERVICES, INC.,
ATTORNEY IN FACT FOR CONSUMER
DISCOUNT COMPANY
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
Plaintiff
VS.
CHARLES J. SMEIGH
268 Carlisle Avenue
Enola, PA 17025
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-5899
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
C
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