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HomeMy WebLinkAbout08-0176GOLDBECK McCAFFERTY & McKEEVER BY: "MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF U 11MUK'1'GAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. Mortgagor and Real Owner 307 Brandy Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff Defendant CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 08-17(o C lvi I 'WIL AC : MORTGAGE T em ?CCJRECLO E NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A 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. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER ' DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU 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: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna,,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 59280FC. 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 CITIMORTGAGE INC., 1000 Technology Drive, MS 730 O'Fallon, MO 63368-2240. 2. The names and addresses of the Defendant is JOSEPH R. KAPP JR., 307 Brandy Lane, Mechanicsburg, PA 17055, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On August 30, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1966, Page 2957. The mortgage has been assigned to: CITIMORTGAGE INC. by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) 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 August 01, 2007 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 ..................................................................................$161,440.86 Interest from 07/01/2007 through 01/31/2008 at 6.7500% .......................$6,344.27 Per Diem interest rate at $29.86 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8,072.04 Late Charges from 08/01/2007 to 01/31/2008 .............................................$254.64 Monthly late charge amount at $42.44 Costs of suit and Title Search ......................................................................$900.00 $177,011.81 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The 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 $177,011.81, together with interest at the rate of $29.86, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accord ce with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the N jortgage and Sheriff's Sale of the Property. By: J. GOB DBECK McCAFFERTY & WKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF 0 VERIFICATION I,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 unworn falsification to authorities. Date: ?' d Ug 2003788462 JOSEPH R. KAPP JR. E.,Xehibit A ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an arc curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West. 60.01 feet to a point in line of lot No, 1; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the distance of 65 feet to a point in the fine of Lot No. 3, thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134:51 feet to a point on line of Lot No. 8, thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 65.44 feet to a point In line of lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. C? C=2 n < C= ri -4g;6. r? ^E 'ik .4 oo Y, .' . cj (? r T t ; s 0 ^ A ' ^ ? ? 1 r4 -0 9? c? ' 60 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00176 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS KAPP JOSEPH R JR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KAPP JOSEPH R JR the DEFENDANT , at 1447:00 HOURS, on the 15th day of January , 2008 at 307 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JEANETTE THORPE ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge i/daI0y C .,, So Answers: 18.00 9.60 .00 10.00 R. Thomas Kline .00 37.60 01/16/2008 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to before me this of By: - 11 day Deputy Sh ff , A. D. was served upon In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. JOSEPH R. KAPP JR. (Mortgagor(s) and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-176 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 JOSEPH R. KAPP JR. by default for want of an Answer. Assess damages as follows: Debt Interest from 02/20/2008 to Date of Sale Total $177,697.20 (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO COMPLAINT. BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CEAeeve I certify that written notice of the intention to file this praecipe was mailed or dgainst whom judgment is to be entered and to his attorney of record, if any, after the default occurred ior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 MichaAttornI.D. #5AND NOW Nebruarv aI o20o$ , Judgment is entered in favor of CITIMORTGAGE INC. and against JO PH R. KAPP JR. by default for want of an Answer and damages assessed in the sum of $177,697.20 as per the above certification. Pr onotary 59280FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 5, 2008 TO: JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. (Mortgagor(s) and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 TO: JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-176 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, JOSEPH R. KAPP JR., is about unknown years of age, that Defendant's last known residence is 307 Brandy Lane, Mechanicsburg, PA 17055, 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' vil Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. (Mortgagor(s) and Record owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-176 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE INC., and again: failure to file an Answer in the above action within (20) days (or sixty (60) day of America) from the date of service of the Complaint, in the sum of $177,697. Michael T. McKeever Attorney for Plaintiff R. KAPP JR. for nt is the United States I hereby certify that the above names are correct and that the precise . idence address of the judgment creditor is CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, O 63 68-2240 and that the name(s) and last known address(es) of the Defendant(s) is/are JOSEPH R. K JR., 07 Brandy Lane Mechanicsburg, PA 17055; GOLDBECK Mc( BY: Michael T. M Attorney for Plaml ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $161,440.86 Interest from 07/01/2007 through $6,987.23 02/19/2008 Reasonable Attorney's Fee $8,072.04 Late Charges $297.07 Costs of Suit and Title Search $900.00 Escrow Payments Due 1 X $0.00 $0.00 $177,697.20 GOLDBECK MCCAFFEA BY: Michael T. McKeever Attorney for Plaintiff 1 AND NOW, this oZ ? day of Feb 2008 damages are assessed as above. Pr rothy (? O rn 7i c ti -1 Fri D ? ? tv Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. JOSEPH R. KAPP JR. (Mortgagors and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 Defendant(s) No. 08-176 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned t ed against you. rt Long Protho tary By: Deputy If you have any questions concerning the above, please contact: a/a) /0$ Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff VS. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-176 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 02/20/2008 to Date of Sale at 6.7500% (Costs to be added) $177,697.20 GOLDBECK McCAFF T & BY: Michael T. McKeev Attorney for Plaintiff z a 'b ? Fly ? N .fem.' O?j N ? •--i N zH o x??'? C VV V? O v O N O O O ¢ a cd a ?g W o -' U kr) ti o x ? 0 a h Sb o 9s -? o ? t r,ti? # 0 000 Q O - R.> W 9.5 ?r n 8 O = - 0 O r- -0 e v ll CD - ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an arc curving to the right, with a radius of 20 feet, the are distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No. 1; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the distance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX PARCEL NO: 18-22-0519-118 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. (Mortgagor(s) and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-176 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC., 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: 307 Brandy Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 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: 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 307 Brandy Lane Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th st of personal knowledge or information and belief. I understand that false statements herein are made subject t th penal ies of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: February 14, 2008 GOLDBECK McCAFF TY cKEEVER BY: Michael T. McKee r, Es Attorney for Plaintiff ? r..> <: ? r? 'i 7 {'MJ ?.-. _-?. ::.1 i?, 'r _ T ... .?" .o s.. ? . ? ?d .? Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 Plaintiff vs. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-176 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for e Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has c li ed ith all the provisions of the Act. f`V Michael T. McKeeve Attorney for plaintiff PO - -C7 n 08-176 GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-176 Defendants 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: KAPP JR., JOSEPH R. JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 Your house at 307 Brandy Lane, Mechanicsburg, PA 17055 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 $177,697.20 obtained by CITIMORTGAGE INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE INC., 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. 08-176 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 . r 08-176 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 homeretentiongizoldbecklaw.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 59280FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-176 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JOSEPH R. KAPP, JR. (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 gamishee(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 $177,697.20 L.L.$ 0.50 Interest from 2/20/08 to Date of Sale at 6.7500% Atty's Comm % Arty Paid $156.60 Plaintiff Paid Date: 2/21/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Prothonotary By: Deputy Name MICHAEL T. McKEEVER, ESQUIRE r 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. 56129 Citimortgage Inc. Vs Joseph R. Kapp, Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-176 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2008 at 1651 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: Joseph R. Kapp, Jr. by making known unto Penni Freeberg, adult in charge for Joseph at 521 Barry Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1158 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 Joseph R. Kapp, Jr. located at 307 Brandy Lane, Mechanicsburg, 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: Joseph R. Kapp, Jr. by regular mail to his last known address of 521 Barry Court, Mechanicsburg, PA 17055. 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 Michael McKeever. Sheriffs Costs: Docketing 30.00 Poundage 16.94 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 20.16 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 339.38 Share of Bills 14.73 9?/a?b , $863.71 So Answs: R. Thomas Kline, Sheriff BY Real Estate rgeant -?Cz 5v L A- _7 i414 /y' A Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. (Mortgagor(s) and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-176 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC., 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: 307 Brandy Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 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: r l ' 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 307 Brandy Lane Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th st of personal knowledge or information and belief. I understand that false statements herein are made subject t nth penal ies of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 14, 2008 GOLDBECK McCAFF TY cKEEVER BY: Michael T. McKee r, Es Attorney for Plaintiff 08-176 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-176 Defendants 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: KAPP JR., JOSEPH R. JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 Your house at 307 Brandy Lane, Mechanicsburg, PA 17055 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 $177,697.20 obtained by CITIMORTGAGE INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE INC., 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. 08-176 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 08-176 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 5928017C. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CERTAIN house and lot of ground situate in the 3'd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an arc curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No. 1; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the distance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX PARCEL NO: 18-22-0519-118 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-176 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JOSEPH R. KAPP, JR. (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 $177,697.20 L.L.$ 0.50 Interest from 2/20/08 to Date of Sale at 6.7500% Atty's Comm % Due Prothy $2.00 Atty Paid $156.60 Other Costs Plaintiff Paid Date: 2/21/08 Pro onotary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL T. McKEEVER, 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. 56129 `li;;j Real Estate Sale # 39 On February 26, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 307 Brandy Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 26, 2008 By: ; Real Este Sergeant I h 0 V Z Z 033 0001 AJ183HS 3H1 -10 33!A-40 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. 1- 2,- a 6?,Wa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FATAL irTAIM 2182 NO. 39 Writ No. 2008-176 Civil Citimortgage Inc. VS. Joseph R. Kapp, Jr. Atty.: Michael McKeever ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an arc curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No. l; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the dis- tance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 dgpvft 02 mutes East, 126.91 feet to a peW t on the northwesterly sick of Lane, the point and place of HEG G. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX PARCEL NO: 18-22-0519- 118. F The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 ............ Sworn t subscribed before me this 27 day of May, 2008 A.D. a4aa. ?Y4? - Notary Publi COM ONWEALi H OF PENNSYLVANIA Notarial Seal e LSheppard, Notary Public I rrisburg, Dauphin County 9, 2010 Mon Expires May 2 Eqonmi?ssi Member, Pennsylvania Association of Notaries Real Estate Sale #k39 Writ No. 2008-176 Civil Term Citimortgage Inc. VS Joseph R. Kapp, Jr. Attorney: Michael McKeever - DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an are curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No.l; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the distance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along fine of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in he of Lot No. l; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX.PARCEL N0:18-22-0519-118 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 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 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff VS. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-176 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 2/22/2008 to Date of Sale per diem at $29.86 (Costs to be added) $177,697.20 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff d a a O ?o rO °06 O o? z? 0 W 4 U V 0 0 v? a. o ? a o? 0 O W c W -O i f i W I w? v a? H dU r a o ? r 0 gg ' b Q C ? t ? a ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an arc curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No. 1; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the distance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX PARCEL NO: 18-22-0519-118 PROPERTY ADDRESS: 307 Brandy Lane, Mechanicsburg, PA 17055 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 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-176 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff r-S C,? ? ? n ? F I V ' ? ?t? ? ? i,.:: tip' ? x ? ?W???, ' v ?'_'.sy S"C "- ?. f"_ ?? i +j ? ' ,,??., V i 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 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. JOSEPH R. KAPP JR. (Mortgagor(s) and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-176 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC., 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: 307 Brandy Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 MECHANICSBURG BOROUGH W. STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG, PA 17055 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the'la§t recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 307 Brandy Lane Mechanicsburg, PA 17055 (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: January 13, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff r-a c ?pn r 08-176 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19.106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 Plaintiff VS. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 Term No. 08-176 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: KAPP J1?-, JOSEPH R. JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 Your house at 307 Brandy Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $177,697.20 obtained by CITIMORTGAGE INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE INC., 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 1-866413-2311. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. ri:ml 08-176 3. You may also be able to stop the sale through other legal proceedings 4. 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. 8. You may contact the Foreclosure Resource Center: hM://www.12hiladelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR. LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-176 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: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hgp://www.phfa.org/consuiners/homeowners/real.Wx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call 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 59280FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-176 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JOSEPH R. KAPP, JR. (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 $177,697.20 L.L. Interest from 2/22/08 to Date of Sale per diem at $29.86 Atty's Comm % Due Prothy $2.00 Atty Paid $1,041.81 Plaintiff Paid Date: 1114/09 (Seal) REQUESTING PARTY: Other Costs Curtis R. L ng, rothono ry By: Deputy Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 251.627.1322 Supreme Court ID No. 56129 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 59280FC CF: 01/09/2008 SD: 06/10/2009 $177,697.20 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 08-176 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office ?e ?} a +-(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. Respectfully submitted, -.0" 7_?•-? BY: Michael T. McKeever, Esquire Attorney for Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE a• All its, N f I is 16 ;Q t nu, ??-' °p r ts- :a Soz hill Acne 'CL40 ?rJ?G, ! p g i to as ru f ?a U a ??. 2tnta0QV' tom.? O ? t7 F ova ? ? i I 3 id c c - :agge ? z? U CO Ul ? In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-176 Civil Term CITIMORTGAGE, Inc. VS . Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2009 at 0935 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: Joseph R. Kapp, Jr, by malting known unto Joseph R. Kapp, Jr., personally, at, 521 e same time handing to him personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duty sworn according to law, states that on April 4, 2009 at 1919 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 Joseph R. Kapp, Jr. , located at, 307 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. Thomas Kline, Shwa 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: Joseph R. Kapp, Jr., by regular mail to his last known address of 307 Brandy Lane, Mechanicsburg PA 17055. This letter was mailed under the date of April 1, 2009 and returned to the Sheriffs Office on April 8, 2009, forwarding order expired. So Answers, e 0, R. Thomas Kline, Sheriff B ti. y r Rea sfate Coordinator 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 CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 08-176 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC., 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: 307 Brandy Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH R. KAPP JR. 521 BARRY COURT Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JOSEPH R. KAPP JR. 521 BARRY COURT Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: MECHANICSBURG BOROUGH W. STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG, PA 17055 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 307 Brandy Lane Mechanicsburg, PA 17055 (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: May 27, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Y N09 i J :? ..) f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CITIMORTGAGE INC is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 14TH day of JAN, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 "T Number 176, at the suit of CITIMORTGAGE INC against JOSEPH K JR is duly recorded as Instrument Number 200934135. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Sday of A.D. ?- 0 . !'A Rec rder of Deeds In the Court of Common Pleas of 01 THE F, r? ; ; ; Jnrpus#?r Cumberland County, Pennsylvania 20G'9 OCT -5 All f l : Writ No. 2008-176 Civil Term CITIMORTGAGE, Inc. VS Joseph R. Kapp, Jr. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2009 at 0935 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: Joseph R. Kapp, Jr, by making known unto Joseph R. Kapp, Jr., personally, at, 521 Barry Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1919 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 Joseph R. Kapp, Jr. , located at, 307 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. 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: Joseph R. Kapp, Jr., by regular mail to his last known address of 307 Brandy Lane, Mechanicsburg PA 17055. This letter was mailed under the date of April 1, 2009 and returned to the Sheriffs Office on April 8, 2009, forwarding order expired. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of CITIMORTGAGE, Inc.,of, 5280 Corporate Drive, Mail Code 3103, Frederick, MD, 21703, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 967.05 Sheriff's Costs: Docketing 30.00 Poundage 18.96 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Milage 21.60 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 286.56 Share of Bills 15.43 Distribution of Proceeds 25.00 Sheriff's Deed 49.50 967.05 R. Thomas Kline, Sheriff y Real Estate Coordinator ? "113109 C?- x@11-°, 1 31 S`%3 Goldbedk 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 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-176 AFFIDAVIT PURSUANT TO RULE 3129 JOSEPH R. KAPP JR. (Mortgagor(s) and Record Owner(s)) 307 Brandy Lane Mechanicsburg, PA 17055 CITIMORTGAGE INC., Plaintiff in the above action, by its attorney, Michael T. N[cKeever, 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: 307 Brandy Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 MECHANICSBURG BOROUGH W. STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG, PA 17055 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: 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 an}, 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 307 Brandy Lane Mechanicsburg, PA 17055 (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: January 13, 2009 4?_ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-176 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19.106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. JOSEPH R. KAPP JR. Mortgagor(s) and Record Owner(s) 307 Brandy Lane Mechanicsburg, PA 17055 Defendant(s Term No. 08-176 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: KAPP JR., JOSEPH R. JOSEPH R. KAPP JR. 307 Brandy Lane Mechanicsburg, PA 17055 Your house at 307 Brandy Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $177,697.20 obtained by CITIMORTGAGE INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE INC., 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. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. 08-176 You may also be able to stop the sale through other legal proceedings. 4. 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 may contact the Foreclosure Resource Center: hLtp://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an are curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No. 1; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the distance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX PARCEL NO: 18-22-0519-118 PROPERTY ADDRESS: 307 Brandy Lane, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-176 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JOSEPH R. KAPP, JR. (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 $177,697.20 L. L. Interest from 2/22/08 to Date of Sale per diem at $29.86 Atty's Comm % Due Prothy $2.00 Atty Paid $1,041.81 Plaintiff Paid Date: 1/14/09 (Seal) Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 251.627.1322 Supreme Court ID No. 56129 Other Costs Curtis R. Long, rotho tary By: Real Estate Sale # 23 U On January 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 307 Brandy Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 28, 2009 By: v?h« - ?9 v 41??z 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 1, May 8, and May 15, 2009 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. isa arie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 5 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 23 Writ No. 2008-176 Civil Citimortgage, Inc. vs. Joseph R. Kapp, Jr. Atty.: Michael T. McKeever ALL THAT CERTAIN house and lot of ground situate in the 3rd Ward of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described according to Plan dated August 3, 1956, made by D.P. Raffensperger, R.S., and being part of Block R. Wynnewood Park, bounded and described as follows: BEGINNING at a point on the northwesterly side of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silver Spring Road; (1) on an arc curving to the right, with a radius of 20 feet, the arc distance of 25.32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of Lot No. 1; thence from the point of beginning, on a course of South 40 degrees 58 minutes West, the dis- tance of 65 feet to a point in the line of Lot No. 3; thence along said Lot No. 3, a course of North 49 degrees 02 minutes West, a distance of 134.51 feet to a point on line of Lot No. 8; thence along line of Lots Nos. 8 and 9, on a course North 47 degrees 38 minutes East, a distance of 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 65.44 feet to a point in line of Lot No. 1; thence along said Lot No. 1, on a course of South 49 degrees 02 minutes East, 126.91 feet to a point on the northwesterly side of Brandy Lane, the point and place of BEGINNING. BEING Lot No. 2, Block R, on the aforementioned Plan. TAX PARCEL NO: 18-22-0519- 118. PROPERTY ADDRESS: 307 Bran- dy Lane, Mechanicsburg, PA 17055. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PatnotwXews 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 Sundayl 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: 04/24/09 05/01/09 05/08/09 ... ?-__,_4W?i'? .mss......... . ,f Sworn an cribed before me Yhis/(2 day of May, 2009 A.D. ,l Notary Public COMRMOINWEAL TH 07 PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisburg; Dauphin County my co emission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Esllais Sale No. 23 wrR No. MWO- f 79 CWN Term CITIMORMA IF, Inc. VS Joseph R. Kapp, Jr. Atttomay Michael T. McKeever L,EPALi DESCAIP'TION ALL THAT CERTAIN house and lot of ground situate in the 3rd Vltard of the Borough of Mechanicsburg, Cumberland County, and State of Pennsylvania, described .according to Plan dated August 3, 1956, 95?.r made 'b D.P. ?I'Mlh, bestis?i1?* p '1b11a4M art a p w- -at ft-naaliwesterly aide of Brandy Lane, 50 feet wide, measured the following courses and distances from a point on the southwesterly side of Silva Sp?ngRoo& (1) on.an arc curving to the Og6t, with a radius of 20 feet, the arc.distance of 25:32 feet to a point; (2) South 40 degrees 58 minutes West, 60.01 feet to a point in line of LotNo.l; thence from the point of beginning, on .a course of South 40 degrees 58 minutes 1#esy the distame of 65 feet to a point in the he of Lot *.3-, thence along. said Lot No,3; a course of Notth 49 degrees 02 minutes West, a distance of 134.51 feet to a poiuton he of Lot No.8; thence along line of Lots Nos. 8 and 9, on a-course North 47 degrees 38 minutes East; a distance of 65.44 feet to a point in line of Lot No.l; theme along said Lot No.l, on a cou se,of South 49 degrees 65.44 feet to a point in line of Lot No.l; thence along said Lot No-1, on a course of South 49 degrees 02 minutes Fast; 126.91 feet to a point on the northwesterly side of<Brandy Lane, the point and place of BEGINNING. BEING Lot No.2, Block R, on the aforementioned Plan. TAX POCEI. N0:18-22-0519-118 PROM= ADDRESS: 307 Bmwly 'Lane, McAmk bmg, PA 17055