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HomeMy WebLinkAbout08-0438GOLDBECK 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 - CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 VS. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagors and Real Owners 303 16th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term /? No. 08-439 "'- ulv " TO-m" CIVIL ACTION: MORTGAGE NOTICE r®RrCI.nSURE 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. 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 ON QDE ESA DECISION, ES POSSIBLE QUEOUISTED PUEDA PERDER DE ESTA DEMANDA. POR RAZ 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 homeretentionagoldbecklaw.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 60299FC. 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 Defendants are JOSEPH A. LAUCK, 303 16th Street, New Cumberland, PA 17070 and ROCHELLE M. LAUCK, 303 16th Street, New Cumberland, PA 17070, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On September 25, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRINCIPAL RESIDENTIAL MORTGAGE INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1838, Page 4470. 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 September 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 ....................................................................................$90,649.78 Interest from 08/01/2007 through 01/31/2008 at 5.5000% ..................... $2,513.44 Per Diem interest rate at $13.66 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,532.49 Late Charges from 09/01/2007 to 01/31/2008 .............................................$267.74 Monthly late charge amount at $30.53 Costs of suit and Title Search ......................................................................$900.00 FHA/PMI Premium ........................................................................................$73.86 Foreclosure Charges .......................................................................................$51.00 Unpaid Previous Late Charges .....................................................................$145.62 Monthly Escrow amount $216.25 $99,133.93 7. If the Mortgage is reinstated prior to a Sheriff s 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. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $99,133.93, together with interest at the rate of $13.66, 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 Sheriffs Sale of the Property. By: LD ECK McCAFFERTY & MCKEEVER Y: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF A VERIFICATION I, Tim Paul, 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: January 11, 2008 Tim Pa W, A stant Vi e President 6335061 JOSEPH A. LAUCK and ROCHELLE M, LAUCK ?hibit A EXHIBIT "A" - MORTGAGE LEGAL ALL THAT CERTAIN lot or piece of land situated in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, more particularly hounded and described as follows, to wit: BEGINNING on the northern line of 16th Street at the partition wall of a double pressed brick dwelling, 250 feet West of the northwest corner of 16th and Bridge Streets; thence northwardly at right angles to 16th Street through the partition wall of the aforesaid mentioned brick dwelling and beyond, 196 feet to a 20 foot wide lane; thence eastwardly by the southern line of said lane, 25 feet to the dividing line between Lots Nos. 92 and 93 on said plan; thence southwardly along the said dividing line between Lots Nos. 92 and 93,196 feet to the northern line of 16th Street; thence westwardly along the northerly line of 16th Street, 25 feet to a point on the hereinbefore mentioned partition wall of a double brick dwelling house, the point or place of BEGINNING. HAVING thereon numbered 303 16th Street, New Cumberland,i Pennsylvand ania. in one-half story dwelling house and erected and garage known (LAUCK.PFOILAucws) I O Z .,Q 00 W ? D C-+ n? CJ r.? c: > TI T 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS LAUCK JOSEPH A ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T the DEFENDANT , at 2019:00 HOURS, on the 24th day of January 2008 at 303 16TH STREET NEW CUMBERLAND, PA 17070 by handing to ROCHELLE LAUCK, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to th? contents thereof. So Answers: Docketing 18.00 Service 16.32 r- ` Affidavit 00 Surcharge 10.00 R. Thomas Kline Sheriff's Costs: 00 J?,q/ol 4 4. 3 2 01/25/2008 GOLDBECK MCCAFFERT MCKEEVER Sworn and Subscibed to By: A"?Ow? -,J before me this day Dept t Sheri f of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS LAUCK JOSEPH A ET AL JESSICA HERMANSEN , Sheriff or Deputy heriff of Cumberland County,Pennsylvania, who being duly swo n according to law, says, the within COMPLAINT - MORT FORE was served upon T.TTTr1V Vnr'UWT.T.T: M the DEFENDANT , at 2019:00 HOURS, on the 24th day of January 2008 1? at 303 16TH STREET NEW CUMBERLAND, PA 17070 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1l.I 1/b P, So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 01/25/2008 GOLDBECK MCCAFFER MCKEEVER Sworn and Subscibed to By: AWTIUX before me this day U ep t Sheri of A.D. GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 VS. JOSEPH A. LAUCK and ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 No. 08-438 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 303 16th Street, New Cumberland, PA, 17070, hereinafter, the "mortgaged premises". 2. Defendants, JOSEPH A. LAUCK and ROCHELLE M. LAUCK, are the mortgagors and real owners of the mortgaged premises. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I, David Fein, Esquire, hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant, Joseph A. Lauck, has obtained counsel. Moreover, due to the nature of this motion, it. was not possible to locate or contact the Defendant, Joseph A. Lauck, to request his concurrence. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 4. The last known address of Defendant, Joseph A. Lauck, is as set forth in Paragraph 2 of the Complaint. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, Joseph A. Lauck, at his property address, 303 16th Street, New Cumberland, PA, 17070, after numerous attempts. The Defendants are divorced and the Sheriff was unable to locate Defendant, Joseph A. Lauck. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Joseph A. Lauck. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Joseph A. Lauck, by posting the premises and certified and regular mail to the Defendant's last known address. BY: David B. Fein, Esq. ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 60299FC Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER Subject Name: Joseph A. Lauck Property Address: Street: 303 16th Street City: New Cumberland State: PA Date of Birth: None Found Skip Results: Last Known Street: 303 16th Street City: New Cumberland Death Records: State: PA Zip 17070 ProVest File Number: 770693 Dates: As of 12/27/2007 Phone: Zip: 17070 As of 12/27/2007, the Social Security Administration has no death record on file for Joseph A. Lauck. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Creditor Information: Creditors indicated the last reported address for Joseph A. Lauck as 303 16th Street, New Cumberland, PA 17070. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Joseph A. Lauck from Vehicle Records: 303 16th Street, New Cumberland, PA 17070. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Joseph A. Lauck. Information: National Postal Has no change for Joseph A. Lauck from 303 16th Street, New Cumberland, PA 17070. Address Search: Comments: 717-774-3228: Spoke possible relative, K Ketterer, defendant not known. 717-770-0863: Called possible neighbor, Jeremiah W Maurice, there was no answer. 717-770-2033: Called possible neighbor, Cindy K Earp, answering machine answered, no message left. On 12/27/2007, I, Kimberly Sumner being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investgation. a Afftant Name: Kim Sumner Date: 12/27/2007 Subscribed and worn to before me, Notary lic + JAWN DER i*? MY COMMISS" FOIAES l A4 A all SHERIFF' S RETURN - REGULAR CASE NO: 2008-00438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS LAUCK JOSEPH A ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAUCK JOSEPH A the DEFENDANT , at 2019:00 HOURS, on the 24th day of January 2008 at 303 16TH STREET NEW CUMBERLAND, PA 17070 by handing to ROCHELLE LAUCK, WIFE 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: So Answers: Docketing 18.00 Service 16.32 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 44.32 01/25/2008 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to By: before me this day Depi Sheri f of A.D. J GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 www.p,oldbecklaw.com February 8, 2008 To: POSTMASTER NEW CUMBERLAND, PA 17070 PLEASE REPLY ASAP THANK-S-0 Request for Change of Address or Boxholder Information needed for Service of Legal Processor. Please furnish the new address of the name and street address (if a boxholder) for the following: JOSEPH A. LAUCK 30316th Street New Cumberland, PA 17070 NOTE: The name and last known address are required for change of address information. The name, if known. and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 256.6 (d) (6) (ii). There is no fee for providing the boxholder information. The fee for proving change of address information is waived in accordance with 39 CFR 256.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requestor (e.g) process server, attorney, party representing himse ft Attorney for Plaintiff 2. Statute or regulation that empowers me to serve process (not required when requestor is an attorney or party acting pro se - except a corporation acting pro se must cite statute): PA Rule civil Procedure Number 440 3. The names of all known parties to the litigation: CITIMORTGAGE INC. 4. The court in which the case has been or will be heard: Superior Court for Cumberland County 5. The docket or other identifying number if one has been issued: TERM, 08-438 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant, JOSEPH A. LAUCK LAST KNOWN ADDRESS: WARNING The submission of false information to obtain and use change of address information or boxhold information for any purpose other than the service of the legal process in connection with actual or prospective litigatio uld result 'n criminal penalties including a fine up to $10,000 or imprisonment or (2) to avoid payment of the fee for chan f a dress ' ormation of o ore than 5 years, or both (Title 18 U.S.C. Section 1001). ?i?` MI. .AEL T. Mc. EVER, ESQUIRE FOR POST OFFICE USE ONLN POSTMARK N ADDRESS OR BOXHOLDER'S STREET ADDRESS Mail is delivered to the address given. _No change of address order on file. '- -Not known at address given. Z? _No such address. ; ,y cb -Moved, left no forwarding address. Our file P 60299FC - , GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attornev for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240 VS. JOSEPH A. LAUCK and ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 08-438 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service 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. Z?? BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallon, MO 63368-2240" IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. JOSEPH A. LAUCK and ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 No. 08-438 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Joseph A. Lauck, which the Sheriff has been unable to personally serve upon Defendant, Joseph A. Lauck. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Joseph A. Lauck, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, David B. Fein, Esq. A GOLDBECK WCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 CERTIFICATE OF SERVICE No. 08-438 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Joseph A. Lauck, this 250' day of February 2008, by first class mail, postage prepaid. BY: David B. Fein, Esq IN THE COURT OF COMMON PLEAS Of Cumberland County ry { ?ttZ o? FEB 87 2008 r CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. JOSEPH A. LAUCK and ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 ORDER OF Cumberland COUNTY 08-438 AND NOW, this .'rd day of MqK? 2008, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Joseph A. Lauck, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Joseph A. Lauck, by posting a copy of the Complaint upon the premises 303 16th Street, New Cumberland, PA, 17070, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 303 16th Street, New Cumberland, PA, 17070, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Joseph A. Lauck, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. Distribution list: vvlichael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JOSEPH A. LAUCK, 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK, 303 16th Street New Cumberland, PA 17070 OL;at IN THE COURT OF COMMON PLEAS y i s`h( t ', 7j hf µ ?v )AI r.? GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #16132 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 A. LAUCK ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 Defendant(s) Term No. 08-438 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK, McCAFFERTY & McKEEVER By Michael T. McKeever, Esq. Attorney for Plaintiff <Y. -T U3 La C) 7 GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #16132 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 OTallon, MO 63368-2240 VS. JOSEPH A. LAUCK and ROCHELLE M. LAUCK Mortgagor(s) 303 16th Street New Cumberland, PA 17070 Defendant(s) CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-438 MICHAEL T. MCKEEVER ESQUIRE hereby certifies that on 1,w u) ? -?l ?. he did serve upon Defendant(s) JOSEPH A. LAUCK a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated March 3, 2008. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, f4oevi:?: GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ESQUIRE ??. h -. !": ??? t : - ._... C..,:a ,4? {'? - ?s. - SHERIFF'S RETURN - REGULAR CASE NO: 2008-00438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS LAUCK JOSEPH A ET AL 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 T,ATTrV .7nr-71DT4 A the DEFENDANT , at 1903:00 HOURS, on the 24th day of March , 2008 at 303 16TH STREET NEW CUMBERLAND, PA 17070 by handing to STREET NEW CUMBERLAND 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: So Answers: Docketing 18.00 Service 16.32 Posting 6.00 c Surcharge 10.00 R. Thomas Kline .00 50.32 03/26/2008 GOLDBECK MCCAFFERTY MCKEEVER 31A8108 --Zen Sworn and Subscibed to By: before me this day De uty Sheriff of A. D. ` ' ' • In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. JOSEPH A. LAUCK ROCHELLE M,LAUCK (Mortgagor(s) and Record Owner(s)) 303 16th Street New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-438 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 A. LAUCK and ROCHELLE M. LAUCK by default for want of an Answer. Assess damages as follows: Debt Interest from 04/30/2008 to Date of Sale Total (Assessment of Damages attached) $101,090.01 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIE% ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FRO VOPNTS E OMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to t e arty ainst whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least t n jays or to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 , Michael T. D Attorney for I.D. #56129 AND NOW Alori 3 a ppg ?ludgment is ntered in favor of CITIMORTGAGE INC. and gainst JOSEPH A. LACK and ROCHELLE M. LAUCK by default or want of an Answer and damages assessed in the sum of $101,090.01 as per the above certification. Pr honotary FEB 8 7 2008 CITIMORTGAGE INC. 1.000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. JOSEPH A. LAUCK and ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 08-438 t ORDER AND NOW, this .3#'day offt*=A.2-008, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Joseph A. Lauck, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Joseph A. Lauck, by posting a copy of the Complaint upon the premises 303 16th Street, New Cumberland, PA, 17070, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 303 16th Street, New Cumberland, PA, 17070, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Joseph A. Lauck, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JOSEPH A. LAUCK, 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK, 303 16th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 60299FC 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: April 17, 2008 TO: JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK (Mortgagor(s) and Record Owner(s)) 303 16th Street New Cumberland, PA 17070 TO: JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-438 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 BERING 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 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 60299FC 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: April 17, 2008 TO: ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK (Mortgagor(s) and Record Owner(s)) 303 16th Street New Cumberland, PA 17070 TO: ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-438 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, 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 A. LAUCK, is about unknown years of age, that Defendant's last known residence is 303 16th Street, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the M'!),'tary or Naval Service of the United States or its Allies, r of erwise within the provisions of the Soldiers' and Sailor iv 1 Relief Action of Congress of 1940 and its Amendments. Date: 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, ROCHELLE M. LAUCK, is about unknown years of age, that Defendant's last known residence is 303 16th Street, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Milit r o Naval Service of the United States or its Allies, or t er se within the provisions of the Soldiers' and Sailors' C'v'1 lief 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 A. LAUCK ROCHELLE M. LAUCK (Mortgagor(s) and Record owner(s)) 303 16th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-438 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE INC., and against ROCHELLE M. LAUCK for failure to file an Answer in the above action within defendant is the United States of America) from the date of service of the ComIA Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise creditor is CITIMORTGAGE INC. 1000 Technology Drive MS 730 OTallq name(s) and last known address(es) of the Defendant(s) is/are JOSEPH A. L Cumberland, PA 17070 and ROCHELLE M. LAUCK, 303 16th Street New GOLDBECK MCCAI BY: Michael T. McK Attorney for Plaintiff A. LAUCK and (or sixty (60) days if sum of $101,090.01. Jdress of the judgment 8-2240 and that the 16th Street New 1, PA 17070; ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 08/01/2007 through 04/29/2008 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 3 X $216.25 FHA/PMI Premium Foreclosure Charges Unpaid Previous Late Charges $90,649.78 $3,729.18 $4,532.49 $359.33 $900.00 $648.75 $73.86 $51.00 $145.62 $101,090.01 GOLDBECK McCAF & BY: Michael T. Mc ver Attorney for Plain AND NOW, this ac?4 day of Apri , 2008 damages are assessed as above. Pr Prothy cr ?„- 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 A. LAUCK ROCHELLE M.LAUCK (Mortgagors and Record Owner(s)) 303 16th Street New Cumberland, PA 17070 Defendant(s) No. 08-438 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 Prothonot By: P_Qut If you have any questions concerning the above, please contact: #30/08 Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 _0? 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 vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) 303 16th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-438 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/30/2008 to Date of Sale at 5.5000% $101,090.01 (Costs to be added) CIO w a O ? O M ?U 00 ?QO za U O H H V H 0 U j t? O H w roU ? ° ,? ?U h Q1 ,?, U V1 't1 L 43 A x W y o M E- w •? ^'4 cd' t- ? ??o twv o U O `? ? °' U ° O Z tray ,?" Q .SC 1 ? ^-' W ? 0 a Icy O a3 V] (') N -- < 3a J Rj _ ^ (? . rw" ter. ? ? + ? ?1 c ? 7 C ^'+ ? ? ? _.. • o$ _ 00 O o pi 0 0 j xw ?? _n'c fP L c? a b y C ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the northern line of 16th Street at the partition wall of a double pressed brick dwelling, 250 feet West of the northwest corner of 16th and Bridge Street; thence northwardly at, right angles to 16th Street through the partition wall of the aforesaid mentioned brick dwelling and beyond, 196 feet to a 20 foot wide lane; thence eastwardly by the southern line of said lane, 25 feet to the dividing line between Lots Nos. 92 and 93 on said plan; thence southwardly alon& the said dividing line between Lots Nos. 92 and 93, 196 feet to the northern line of 181 Street; thence westwardly along the northerly line of 16th Street, 25 feet to a point on the hereinbefore mentioned partition wall of a double brick dwelling house, the point or place of BEGINNING. HAVING thereon erected the easterly one-half of a double pressed brick two and one- half story dwelling house and garage known and numbered 303 16th Street, New Cumberland, Pennsylvania. TAX PARCEL NO: 26-23-0541-058 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 A. LAUCK ROCHELLE M. LAUCK (Mortgagor(s) and Record Owner(s)) 303 16th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-438 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: 303 16th Street New Cumberland, PA 17070 I.Name and address of Owner(s) or Reputed Owner(s): JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CHILDRENS SCHOOL OF NEW CUMBERLAND 617 16th Street New Cumberland, PA 17070 411. BUREAU OF COMPLIANCE Department 280946 Harrisburg, PA 17128 U.S. TREASURY DEPARTMENT P.O. BOX 12051 PHILADELPHIA, PA 19105 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 303 16th Street New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the es of personal knowledge or information and belief. I understand that false statements herein are made subject to a ena es of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: April 29, 2008 GOLDBECK McCA T & McKEEVER BY: Michael T. McK ever, s . Attorney for Plaintiff CD 08-438 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 Plaintiff vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) 303 16th Street New Cumberland, PA 17070 Defendant(s) Term No. 08-438 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: LAUCK, JOSEPH A. JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 Your house at 303 16th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $101,090.01 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. 08-438 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 Sheriff s 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r i 08-438 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 http://www.phfa.oriz/consumers/homeowners/real.aspx. 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(cr?,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 60299FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. C1 ?' c`:;7, ?? '? f ? ?q .? c.a - ?:' o ,.: .. 1 ... 'r 08-438 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 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) 303 16th Street New Cumberland, PA 17070 Defendant(s Term No. 08-438 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: LAUCK, ROCHELLE M. ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 Your house at 303 16th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $101,090.01 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. 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. 08-438 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. 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 -- r _:a v 1 "? s .. _, __... -r "'G't ?Y .....: ,- 7 , _ ? T ., .?,- ? , -t .. 08-438 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 http://www.phfa.orp-/consumersihomeowners/real.aspx. 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 homeretentionkgoldbecklaw.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 60299FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JOSEPH A. LAUCK and ROCHELLE M. LAUCK (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 $101,090.01 L.L.$ 0.50 Interest from 4/30/08 to Date of Sale at 5.5000% Atty's Comm % Atty Paid $239.64 Plaintiff Paid Date: 4/30/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs to be added Alf's rothonot By: 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 Deputy 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 60299FC CF: 01/18/2008 SD: 09/03/2008 $101,090.01 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) VS. 303 16th Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-438 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: 'p!e- s?l?e'?'• Q? S? 'S? 30? Cam' . (?Q Personal Service by the Sheriffs Office/ ( ) 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. 5•• Q Sp s?..e?t?• 40 Premises was posted by Sheriffs Office/ ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ?Q 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, -3 BY: Michael T. McKeever, Esquire Attorney for Plaintiff I ----- --------------------- 1 f s? . fr i . -`---- f? P ?. m --------- "S - -- rF• ?'. i --- i . ' .t g t ?'.I t' i 4 '`4 i t t s -w CL. i o mM .g d ?c? _ d- $ - U Q o 0 i3 ae >A W W C T I a 06 ° g a an d ? m 43 a °- ? p r n x s 2 ^? ' c*? o -- ,U1 IJ1 H D d d U m Y - ? ???? = a ow imOx ii c3 r t '. t ; , E ; 0 It- m m US d .6 1 cO ~ a c ° o . m h 9 c co c°v o p C N U 7 a ? Q E N LU _ a ----------?- moo I till* ©? g 1 t 04 1 P ? q ¢ i' Q, OO'? i ? t C6;z i Vk6s Wti , .d ? O C'3 0 -cc O-? rte- O Z ?2 a?It f- Iru ' i Uo- c v 104 ? ffi W ': Q ?,1 a t x . j 1 v?? W.a S4n7c?=? N o' O1 rr7 Ul WZ j ?ao c+ M , , O N 1 1 r t 1 1 ?, I l? I 1 a m la ? Y ? v i11 ? ? J 1, 16 s v tI?z cGa -ILS ? a r C6 FEB 871008 CPTIMORTGAGE INC. 1.000 Technology Drive. MS 730 OTallon, MO 63368-2240 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JOSEPH A. LAUCK and ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 08-438 ORDER AND NOW, this .3"L day oA008, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Joseph A. Lauck, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Joseph A. Lauck, by posting a copy of the Complaint upon the premises 303 16th Street, New Cumberland, PA, 17070, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 303 16th Street, New Cumberland, PA, 17070, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Joseph A. Lauck, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: , Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JOSEPH A. LAUCK, 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK, 303 16th Street New Cumberland, PA 17070 V Form 3877 Domestic USPS Firm Mailing Book ---------------------------------------- Name and Address of Sender: --------------- Permit Number ------------------------- Sequence Number JOSEPH A GOLDBECK JR 2253A MELLON INDEPENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v7.20.7.20.I PHILADELPHIA, PA 19106 ------------------------------------ Piece ID Article # ------------------------------ Delivery Address ------- SS ------------------- Fee Postage -------------------------------------- value Sender Charges Addressee Name Type Insur./Register Due Total ------------------------------------ 61702JB8-18 71114342363000322028 ------------------------------ BINGAMAN A/K/A JOYCE M. ARNOL ------- D, C ----------- 2.65 -------- 0.41 -------------------------------------- 3.91 3815 Ci7ottlestown Road RRE 0.85 Chambersburg, PA 17202 61702JB8-18.0171114342363000322035 BINGAMAN A/K/A JOYCE M. ARNOLD, C 2.65 0.41 3.91 345 West Philadelphia Street RRE 0.85 York, PA 17404 62249LC8-8.01 71114342363000322042 CSENCSITS, LEONARD F. C 2.65 0.41 3.91 1943 PINEHURST CT UNIT K RRE 0.85 ALLENTOWN, PA 18109 63405MH8-8 71114342363000322059 HUGHES, MARILYN L. C 2.65 0.41 3.91 207-209 South Main Street RRE 0.85 Bangor, PA 18013 60299RL9-3 71114342363000322066 LAUCK, ROCHELLE M. C 2.65 0.41 3.91 rye; 303 16th Street RRE 0.85 ' -' New Cumberland, PA 17070 61652RH8-8 71114342363000322073 HARRIS, RUTH MAE C 2.65 0.41 3.91 5210 Neshaminy Boulevard RRE 0.85 Bensalem, PA 19020 -- 60299JL9-3 71114342363000322080 LAUCK, JOSEPH A. C 2.65 0.41 3.91 303 16th Street RRE 0:85 New Cumberland, PA 17070 / ------------------------------------- Page Totals: 7 ------------------------------ -------- ----------- 24.50 -------- 2.87 ------------------------------------ 27.37 Cumulative Totals: 39 1 36.50 15.99 152.49 USPS CERTIFICATION Total Number of Pieces Received: Round Stamp: Signature of Receiving Employee Form 3877 (Facsimile) Date of Manifest: 05/08/2008 Page 5 WLDBECK 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 OTallon, MO 63368-2240 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 08-438 303 16th Street New Cumberland, PA 17070 Defendant(s) SUPPLEMENTAL 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: 303 16th Street New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 ROCHELLE A LAUCK 303 16th Street New Cumberland, PA 17070 3.14ame 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 COMMOWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE PO BOX 281230 HARRISBURG, PA 17128-1230 NEW CUMBERLAND BOROUGH 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 PALISADES COLLECTION, LLC 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 CHILDRENS SCHOOL OF NEW CUMBERLAND 617 16th Street New Cumberland, PA 17070 BUREAU OF COMPLIANCE Department 280946 Harrisburg, PA 17128 U.S. TREASURY DEPARTMENT P.O. BOX 12051 PHILADELPHIA, PA 19105 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 303 16th Street New Cumberland, PA 17070 , . (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: July 30, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff / 4.,-9 i ... -?t ? . w'i ?? . y ?_ 4w. ? ` ... ,?..? ?J f „ tl p? , 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 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 30TH day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 438, at the suit of CITIMORTGAGE INC against JOSEPH A LAUCK & ROCHELLE M is duly recorded as Instrument Number 200831966. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4W day of A.D. 07 'a2 rz"- 11 A N - Recorder of Deeds e*ft*.FWa&L=o Citimortgage Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Joseph A. Lauck and Rochelle M. Lauck Writ No. 2008-438 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2008 at 1228 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 A. Lauck, pursuant to order of court by posting the premises located at 303 16th Street, New Cumberland, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Rochelle M. Lauck, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return: And Now, May 30, 2008 at 0903 hours served the within Real Estate Writ, Notice of Sale and Description upon the defendant, Rochelle M. Lauck, by handing to Rochelle Lauck personally, at 8 White Dogwood Drive, Etters, PA 17319. So Answers: Rich Kueleber, Sheriff of York County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2008 at 1233 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 A. Lauck and Rochelle M. Lauck located at 303 16th Street, New Cumberland, 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 A. Lauck by regular mail to his last known address of 303 16th Street, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2008 and returned to the Sheriffs Office on July 7, 2008 marked "moved, left no forwarding address." 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: Rochelle M. Lauck by regular mail to her last known address of 8 White Dogwood Drive, Etters, PA 17319. This letter was mailed under the date of July 2, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Citimortgage, Inc. It being the highest bid and best price received for the same, 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 $1,017.47. Sheriffs Costs: Docketing $30.00 Poundage 19.95 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 34.00 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 305.72 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 1017.47 So Answers: R. Thomas Kline, eriff 11A) 'k"&^At, 4,'% BY Real Estate rgeant ? 1/ Jo JD 8 `?"- yS-W ck. G5 Q's? .4 v Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 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 CTTIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. JOSEPH A. LAUCK ROCHELLE M. LAUCK (Mortgagor(s) and Record Owner(s)) 303 16th Street New Cumberland, PA 17070 No. 08-438 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: 303 16th Street New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CHILDRENS SCHOOL OF NEW CUMBERLAND 617 16th Street New Cumberland, PA 17070 BUREAU OF COMPLIANCE Department 280946 Harrisburg, PA 17128 U.S. TREASURY DEPARTMENT P.O. BOX 12051 PHILADELPHIA, PA 19105 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 303 16th Street New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the es of information and belief. I understand that false statements herein are made subject to a en relating to unsworn falsification to authorities. DATED: April 29, 2008 GOLDBECK McC. BY: Michael T. Mc Attorney for Plainti ;rsonal knowledge or of 18 Pa. C.S. Section 4904 McKEEVER "' 08-438 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 OTallon, MO 63368-2240 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) 303 16th Street New Cumberland, PA 17070 Defendants; Term No. 08-438 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: LAUCK, JOSEPH A. JOSEPH A. LAUCK 303 16th Street New Cumberland, PA 17070 Your house at 303 16th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $101,090.01 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. 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. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE i 08-438 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. 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 08-438 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 ba://www.phfa.orp-/consumers/homeowners/real.awx. 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 homeretentionC&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 60299FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. r V 08-438 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 Plaintiff vs. JOSEPH A. LAUCK ROCHELLE M. LAUCK Mortgagor(s) and Record Owner(s) 303 16th Street New Cumberland, PA 17070 Defendant( Term No. 08-438 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: LAUCK, ROCHELLE M. ROCHELLE M. LAUCK 303 16th Street New Cumberland, PA 17070 Your house at 303 16th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $101,090.01 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 fmd out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 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. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE l r 08-438 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. 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 r 08-438 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 ho://www.phfa.orgLconsumers/homeowners/real.aWx. 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(iDPoldbecklaw.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 60299FC. 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 08438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From JOSEPH A. LAUCK and ROCHELLE M. LAUCK (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 $101,090.01 L.L.$ 0.50 Interest from 4/30/08 to Date of Sale at 5.5000% Atty's Comm % Atty Paid $239.64 Plaintiff Paid Date: 4/30/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs to be added AJ&A - rothono By: Deputy 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 Real Estate Sale # 21 On May 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 303 Wh Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 8, 2008 By?t '. L Real Estat Sergeant LO .E d Z- AVW Boat dd Ilk i H i s , JJW3HS 3HI _10 LeW!" } 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: July 18, July 25, and August 1, 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. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 MAL 99MAIS 1W 21 Writ No. 2008-438 Civil Citimortgage Inc. VS. Joseph A. Lauck and Rochelle M. Lauck Atty.: Michael McKeever ALL THAT C XrAIN lot or press q( bmd situate in the yo of Now Cuanbalmd, County of .,.um- , State at. - nn, mere per bout surd as follows, to wit: BEGINNING on the northern line of 16th Street at the partition wall of a double pressed brick dwell- ing, 250 feet West of the northwest corner of 16th and Bridge Street; Umnee northwardly at, right angles' to 16th Street through the partition wall of the aforesaid mentioned brick dwelling and beyond, 196 feet to a 20 foot wide lane; thence eastwardly by the southern line of said lane, 25 feet to the dividing line between Lots , Nos. 92 and 93 on said plan; thence southwardly along the said dividing line between Lots Nos. 92 and 93, 196 feet to the northern line of 18th Street; thence westwardly along the northerly line of 16th Street, 25 feet to a point on the hereinbefore men- tioned partition wall of a double brick dwelling house, the point or place of BEGINNING. HAVING thereon erected the easterly one-half of a double pressed brick two and one-hall story dwell- ing house and garage known and numbered 303 16th Street, New Cumberland, Pennsylvania. TAX PARCEL NO: 26-23-0541- 058. he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14t pahiot 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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: 07/23/08 07/30/08 08/06/08 Sworn to angAbscribed bbW9(meffisA0 defy of August, 2008 A.D. Notary M*w"M ? nvANw cLKbm. PubNcPu? co? CM"*WM EVIOU Nov. 21k 20111 LM MMW. Pennewiift Anon of Real Estate Sale No. 21 1Nrit No. 2009.430 Civil Term, C@imortgage Inc. VS Joseph A. Lauck and Rochelle M. Lauds Attomey Michael McKeever LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit. BEGINNING on the northern line of 16th Street at the partition wall of a double pressed brick dwelling, 250 feet West of the northwest corner of 161h and Bridge Street; thence northwardly at, right angles to 16th Street &on& the partition wall of the aforesaid mentioned brick dwelling and beyond, 196 feet to a 20 foot wide lane; thence eastwardly by the southern line of said lane, 25 feet to the dividing line between Lou Nos. 92 and ?3 on said plan; thence southwardly along the said dividing line between Lots Nos. 92 and 93,196 feet to the northern line of 18th Street; thence westwardly along the northerly lime of 16th Street, 25 feet to a point on the herembefore mentioned partition wall of a double brick dwelling house, the point or place of BEGINNING. HAVING Hereon meted the easterly one-half of a double pressed brick two and one-half story dwelling bones and garage known and numbered 303 16th Street, New Cumberland, Pennsylvania. TAX PARCEL NO,. 2623-0541-058 Assignment of Bid NO. 08-438 - LAUCK 30316th Street New Cumberland, PA 17070 I, Michael T. McKeever, Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 03, 2008 to: CITIMORTGAGE, INC. 5280 Corporate Drive Mail Code 3103 Frederick, MD 21703 GOLDBECK MCCAFFERTY & MCKEEVER Date: September 9, 2008 MICHAEL T. MCKEEVER