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HomeMy WebLinkAbout09-1795Y GOLDBECK McCAFFERTY & McKEEVER BY. MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM C1T'IMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff VS. ANNETTE M. FETROW JOSEPH A. HILL Mortgagors and Record Owners 385 Sherwood Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term ?f vi No. Dpi- 17g5' CIVIL ACTION: MORTGAGE P0RFCLOSUPr= 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 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 httu://www.p fa.org?consumers/homeowners/real asnx. 5). Call the Plaintiff (your lender) at 636-261-7514 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: httn:/lwww philadelphiafed org/foreclosure/ 7). 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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825-6411. Please reference our Attorney File Number of 79196FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is CITIMORTGAGE INC.,. 1000 Technology Drive, MS 730 O'Fallon, MO 63368-2240. 2. The names and addresses of the Defendants are ANNETTE M. FETROW, 385 Sherwood Drive, Carlisle, PA 17015 and JOSEPH A. HILL, 385 Sherwood Drive, Carlisle, PA 17015, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On June 30, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to COMMERCE BANK/ HARRISBURG NA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1873 Page: 33. The mortgage has been assigned to: CTTIMORTGAGE INC. by assignment of Mortgage July 08, 2004 as Book 709, Page 3627. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property") 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 01, 2008 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 ................................ $93,433.80 .................................................... Interest from 01/01/2008 through 02/28/2009 at 6.7500% .......................$7,357.98 Per Diem interest rate at $17.28 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ................... $4,671.69 Late Charges from 02/01/2008 to 02/28/2009 .............................................$410.67 Monthly late charge amount at $31.59 Costs of suit and Title Search .......................... Unapplied Funds .......................................................................................:•$500.00) Delinquent xpense Total ........... .................................................................$175.74 .................................... $448.14 Servicing Fees ................................................................................................$57.15 Escrow Advance Balance ........................................ $1,305.0 Monthly Escrow amount $225.03 $108,260.24 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 Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeping a judgment of personal liability (or an "in nersonam" judgment) Defendants in this Action but reserves its right to bring a separate Action to establish that right if the 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. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants 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 Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $108,260.24, together with interest at the rate of $17.28, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: GOLDBECK MCCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I? 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 118 Pa. C.S. 4904 relating to unworn falsification to authorities. 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Recorder of Dceds *:.F::. .i873`PG0045 Exhibit (B Milo cTm mortgage 7107 8381 5540 0680 2312 04/29/08 93467 000008 ANNETTE M PETROW 385 SHERWOOD OR CARLISLE PA 17015-9013 RE: CitiMortuage Loan #: 2001839888 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provlded in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1889). This Notice contains important legal information. If you have any questions. representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA. PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. $I NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. sLL O Y CitiMortg ge, Inc. does business as Cki orp Mongage in NM. c i mortgage Page Two 04/29/08 2001839888 HOMEOWNER'S NAME(S): Joseph A Hill Annette M Fetrow PROPERTY ADDRESS: 385 Sherwood Drive Carlisle,PA 17013 LOAN ACCT. NO.: 2001839888 ORIGINAL LENDER: Commerce Bank - Harrisburg NA CURRENT LENDER/SERVICER: CitiMOrtgage, Inc. i5 providing this notice as lender or servicing agent for the lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. I 8 ClUblortpge, inc. does businen ss Citicorp Maetpp in NM. ati mortgage Page Three 04/29/08 2001839888 CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit 'counseling agencies listed at the and of this Notice. Only consumer credit counseling agencies crave applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) CiUMOrtpp. im does business m Citimrp Moitpp in Nil. db mortgage Pape Four 04/29/08 2001839886 HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it UP to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 385 Sherwood Drive,, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/08 thru 04/01/08 3 0 =856.83/month 3 e S31.59/late charge/month $2,665.26 Previous late Charge(s) 60.00 Delinquency Expenses(s) $328.14 TOTAL AMOUNT PAST DUE: $2,993.40 HOW TO CURE THE DEFAULT-You may cure the default Within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,993.40, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified Check or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 689196 Des Moines, IA 50368-9196 IF YOU DO NOT CURE THE DEFAULT-If you do not Cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to Its attorneys, but you Cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started 8 CidMor4m. Inc. does budneu n Citicorp Mwtpp in KM. cT mortgage Pape Five 04/29/08 2001839888 against YOU, YOU will have to pay all reasonable attorney's fees _ actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you Owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you, have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest Cate that such a Sheriff's Sale Of the mortgaged property could be held would be approximately six (6) months from the Cate of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of Course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: 1000 Technology Drive O'Fallon, MO 63368-2240 Phone Number: 1-800-723-7906* Fax Number: 1-636-261-7716 * Calls are randomly monitored and recorded to ensure quality service. Citillor4m, 1w. does businen a Cldmg Mort@W in NM. cf mortgage Page Six 04/29/08 2001839888 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings '!- could be started by the lender at any time. ASSUMPTION OF MORTGAGE-Please refer to your original loan documents to determine whether or not you may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may also call the 1-800 Number above to find out whether your loan is assumable. YOU MAY ALSO HAVE THE RIGHT: s TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. s TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Under IRS regulation. we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. Enclosure: Consumer Credit Counseling Agencies, including those for your county. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. 08042900002754 Citiblortsye, Inc. don business as Citicorp Moztpp in NU. cii mortgage 7 107 8381 6540 0680 2305 04/29/06 83467 000008 JOSEPH A HILL 385 SHERWOOD DR CARLISLE PA 17015-9013 RE: CitlMortgage Loan #: 2001839888 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This 1s an official notice that the mortgage on your home 1s in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This Notice Contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AOJUNTO ES DE SOMA IMPORTANCIA. PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OSTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 0 OdMortpV. inc. does business as Citicorp Mort~ in NM. c ti mortgage Pape Two 04/29/08 2001839888 HOMEOWNER'S NAME(S): Joseph A Hill Annette M Fetrow PROPERTY ADDRESS: 385 Sherwood Drive Carl15le,PA 17013 LOAN ACCT. NO.: 2001839888 ORIGINAL LENDER: Commerce Bank - Harrisburg NA CURRENT LENDER/SERVICER: CitiMortgage, Inc. is providing this notice as lender or servicing spent for the lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: s IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, s IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND s IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary Stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time You must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. s 8 CidMortpge, Inc. does business an Citicorp Mortssse in NM. Page Three 04/29/08 -?? 2001838888 CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the and of this Notice. It is only necessary to schedule one face-to'-faCS meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO 00 SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time reouirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) QdMmtpF, Inc. dog busium as Ckicmp Mortpye In HM. c ti mortgage Page Four 04/29/08 2001839888 HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 385 Sherwood Drive,, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/06 thru 04/01/08 3 0 $856.83/month 3 0 $31.59/late charge/month $2,665.26 Previous late charge(s) $0.00 Delinquency Expenses(s) $328.14 TOTAL AMOUNT PAST DUE: $2,993.40 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,993.40, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CltiMortoaae, Inc. P.O. Box 689196 Des Moines, IA 50368-9196 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started a CitlNoQt~, Inc. don business as Citicorp MwgW in Nil. cti mortgage Page Five 04/29/08 2001839888 against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The.lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified In writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale Of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action .will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: 1000 Technology Drive O'Fatlon, MO 63368-2240 Phone Number: 1-800-723-7906• Fax Number: 1-636-261-7716 * Calls are randomly monitored and recorded to ensure quality service. 6 MIMortow. inc. does bnainem as Cldcorp Mmtpp in MM. c ti mortgage Page Six 04/29/08 2001839888 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will and your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-Please refer to your original loan documents to determine whether or not you may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may also call the 1-800 Number above to find out whether your loan is assumable. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU 00 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ' Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. Enclosure: Consumer Credit Counseling Agencies, including those for your county. This 1s an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. 08042900002752 6 CWMo*tpp. Inc. does business as Clttcotp MongW in NM. 17- x -n C I N Sheriffs Office of Cumberland County R Thomas Kline Sheri COX qr o? `"'?apr? ?u^°?u'- =rr Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE fit ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 04:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1615 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Annette M. Fetrow, by making known unto Joseph Hill, husband of defendant at 385 Sherwood Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/27/2009 04:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1615 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Joseph A. Hill, by making known unto himself personally, defendant at 385 Sherwood Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $48.50 March 30, 2009 2009-1795 CITIMORTGAGE INC. VS ANNETTE M. FETROW SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff 14C 4wa?w ,! M a? ffeu?4- In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff VS. ANNETTE M. FETROW JOSEPH A. HILL (Mortgagor(s) and Record Owner(s)) 385 Sherwood Drive Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 09-1795 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 ANNETTE M. FETROW and JOSEPH A. HILL by default for want of an Answer. Assess damages as follows: Debt Interest from 04/30/2009 to Date of Sale per diem at $17.28 Total (Assessment of Damages attached) $109,796.29 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW Judgment is entered in favor of CITIMORTGAGE INC. and agai st NNETTE M. FETROW and JOSEPH A. HILL by default for want of an Answer and damages assessed in the sum of $109,796.29 as per the above certification. rothonotary pk /? 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. ANNETTE M.FETROW JOSEPH A. HILL (Mortgagors and Record Owner(s)) 385 Sherwood Drive Carlisle, PA 17013 Defendant(s) No. 09-1795 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary, / Q By: o Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 79196FC 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, 2009 TO: ANNETTE M. FETROW FETROW, ANNETTE M. 385 Sherwood Drive Carlisle, PA 17013 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. ANNETTE M. FETROW JOSEPH A. HILL (Mortgagor(s) and Record Owner(s)) 385 Sherwood Drive Carlisle, PA 17013 TO: ANNETTE M. FETROW 385 Sherwood Drive Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Plaintiff Action of Mortgage Foreclosure Term No. 09-1795 Defendant(s) 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 79196FC 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, 2009 TO: JOSEPH A. HILL HILL, JOSEPH A. 385 Sherwood Drive Carlisle, PA 17013 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. ANNETTE M. FETROW JOSEPH A. HILL (Mortgagor(s) and Record Owner(s)) 385 Sherwood Drive Carlisle, PA 17013 TO: JOSEPH A. HILL 385 Sherwood Drive Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-1795 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. That the above named Defendant, ANNETTE M. FETROW, is about unknown years of age, that Defendant's last known residence is 385 Sherwood Drive Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 3/ 0 / 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. That the above named Defendant, JOSEPH A. HILL, is about unknown years of age, that Defendant's last known residence is 385 Sherwood Drive Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: y/30l ( 1::?? ---z 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 IN THE COURT OF COMMON PLEAS MS 730 O'Fallon, MO 63368-2240 of Cumberland County Plaintiff vs. CIVIL ACTION LAW ANNETTE M. FETROW JOSEPH A. HILL (Mortgagor(s) and Record owner(s)) ACTION OF MORTGAGE FORECLOSURE 385 Sherwood Drive Carlisle, PA 17013 Defendant(s) No. 09-1795 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE INC., and against ANNETTE M. FETROW and JOSEPH A. HILL for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $109,796.29. Mic ael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is CITI 40RTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 and that the name(s) and last known address(es) of the Defendant(s) is/are ANNETTE M. FETROW, 385 Sherwood Drive Carlisle, PA 17013 and JOSEPH A. HILL, 385 Sherwood Drive Carlisle, PA 17013; GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $93,433.80 Interest from 01/01/2008 through $8,380.80 04/29/2009 Reasonable Attorney's Fee $4,671.69 Late Charges $473.84 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $225.03 $450.06 Unapplied Funds ($500.00) FHA/PMI premium $175.74 Delinquent Expense Total $448.14 Servicing Fees $57.15 Escrow Advance Balance $1,305.07 $109,796.29 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this 15-?' day of ft , 2009 damages are assessed as above. LA-, IC o Prothy8 ra v '_; . ti # ?_ olAt - ck:?o?c(- 44 ear 3soas8 Fes" a?yS?Y3 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) r 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. ANNETTE M. FETROW JOSEPH A. HILL Mortgagor(s) and Record Owner(s) 385 Sherwood Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-1795 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/30/2009 to Date of Sale per diem at $17.28 (Costs to be added) 109.796.29 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff a a O n r U O E..i za O O U x H U W Q O H U H x ? -d b H V]^?i ? i Hti ??v 0 LU z O H U i. W O O LY+ ? O? a? U a r V V J r V 10 A 00 ci Y I: U) Ak N U aU m s I dU x? 8 o .b r. N ? ? N s O h y C 14 u ? O ? N d ? 00 ? b o Q n c 0 ? cli rn n rill rU M ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Lynell W. Wolf prepared by Thomas Alvin Neff, Registered Surveyor, a copy of said Plan dated April 24, 1978 being recorded in the hereinafter named Recorder's office in Plan Book 33, Page 21, as follows: BEGINNING at a point in the original center line of Thirty-three (33) feet wide Township Road T-503 KNOWN AS Sherwood Drive at the dividing line between Lot No.2 and land formerly of W. Narehood, now or formerly of Dennis E. Major; thence from said point at the Place of Beginning along said dividing line between said Lot No. 2 and said land now or formerly of Dennis E. Major, South 22 degrees 54 minutes 50 seconds West, a distance of one Hundred Ninety-seven and Seven Tenths (197.7) feet to au Iron pin; thence still along said dividing line South 22 degrees 52 minutes 50 seconds West, a distance of One Hundred Seventy-two (172) feet to an iron pin at corner common to said land now or formerly of Dennis J. Major and said Lot No. 2 and Lot NO.3; thence along the dividing line between said Lots 2 and 3, North 14 degrees 06 minutes 05 seconds West, a distance of Two Hundred Forty-one and Five Hundredths (241.05) feet to a stake; thence still along said dividing line between said Lots Nos. 2 and 3, North 17 degrees 35 minutes 20 seconds East, a distance of Two Hundred Five and Eight Tenths (205.8) feet to a point in the original center line of Thirty-three (33) feet wide Township Road T -503 known as Sherwood Drive; thence along said original center line of Thirty- three (33) feet wide Township Road T -503 known as Sherwood Drive, South 57 degrees 30 minutes 20 seconds East, a distance of One Hundred Sixty-six and Forty-four Hundredths (166.44) feet to a point at the Place of BEGINNING. BEING all of Lot No.2 as shown on said Final Subdivision Plan for Lynell W. Wolf dated April 24, 1978, recorded as aforesaid. TAX PARCEL# 21-05-0431-020 BEING KNOWN AS: 385 Sherwood Drive, Carlisle, PA 17013 -A? Gold^k 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. ANNETTE M. FETROW JOSEPH A. HILL (Mortgagor(s) and Record Owner(s)) 385 Sherwood Drive Carlisle, PA 17013 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-1795 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: 385 Sherwood Drive Carlisle, PA 17013 I.Name and address of Owner(s) or Reputed Owner(s): ANNETTE M. FETROW 385 Sherwood Drive Carlisle, PA 17013 JOSEPH A. HILL 385 Sherwood Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ANNETTE M. FETROW 385 Sherwood Drive Carlisle, PA 17013 JOSEPH A. HILL 385 Sherwood Drive Carlisle, PA 17013 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 CUMBERLAND COUNTY ADULT PROBATION AWAITING LIENHOLDER ADDRESS 60 .•s CITIMORTGAGE INC. 1000 Technology Drive O'Fallon, MO 63304 CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 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: HOUSEHOLD REALTY CORPORATION 25 Gateway Drive Gateway Square Suite 107 Mechanicsburg, PA 17055 HOUSEHOLD REALTY CORPORATION P.O. Box 8604 Elmhurst, IL 60126 HOUSEHOLD REALTY CORPORATION P.O. Box 9068 Brandon, FL 33509 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 385 Sherwood Drive Carlisle, PA 17013 (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: April 30, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff FLU) or: THE 1% I 09-1795 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. ANNETTE M. FETROW JOSEPH A. HILL Mortgagor(s) and Record Owner(s) 385 Sherwood Drive Carlisle, PA 17013 Defendant(s; Term No. 09-1795 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: FETROW, ANNETTE A ANNETTE M. FETROW 385 Sherwood Drive Carlisle, PA 17013 Your house at 385 Sherwood Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $109,796.29 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. 09-1795 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: http//www.philadelphiafed.ora/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 s 09-1795 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 htip://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 636-261-7514 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 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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 79196FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. c U, PC": 09-1795 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. ANNETTE M. FETROW JOSEPH A. HILL Mortgagor(s) and Record Owner(s) 385 Sherwood Drive Carlisle, PA 17013 Defendant(s; Term No. 09-1795 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: HILL, JOSEPH A. JOSEPH A. HILL 385 Sherwood Drive Carlisle, PA 17013 Your house at 385 Sherwood Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $109,796.29 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. 09-1795 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: http://www.philadelphiafed.or2/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 • 09-1795 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.gLov 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.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 636-261-7514 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 homeretentioncr??,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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 79196FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. FILE t_rR-tJ.: OF THE 1 '} CRY 2609 HAY -I PH 1: 00 ?? !TV WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1795 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From ANNETTE M. FETROW AND JOSEPH A. HILL (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 $109,796.29 L.L. $.50 Interest FROM 4/30/2009 TO DATE OF SALE PER DIEM AT $17.28 Atty's Comm % Atty Paid $167.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MAY 1, 2009 .c?- l'• J R. Long, Prothonotary (Seal) By: 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 Deputy