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Home My WebLink About09-3285GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF o4 - 3.-w e;. f-7? CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff VS. CHARLES J. SMEIGH Mortgagor and Record Owner 268 Carlisle Avenue Enola, PA 17025 Defendant Term No. CIVIL ACTION: MORTGAGE Poor' 0Q1 for: 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 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE:ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www.phfa.orWconsumers/homeowners/realaspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: ho://www.Dhiladelphiafed.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 homeretentionaa,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 81147FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIFINANCIAL SERVICES, INC., 1111 Northpoint, Bldg 4 Suite 100 Coppell, TX 75019. 2. The names and addresses of the Defendant is CHARLES J. SMEIGH, 268 Carlisle Avenue, Enola, PA 17025, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On February 24, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to BLAZER CDC DB/A WASHINGTON MUTUAL FINANCE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1797 Page 4485. The mortgage has been assigned to: CITIFINANCIAL SERVICES, INC. by assignment of Mortgage December 06, 2004 as Book 713 Page 2630. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for November 15, 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 ....................................................................................$31,630.72 Interest from 10/15/2008 through 04/30/2009 at 14.4000% .....................$1,807.74 Per Diem interest rate at $9.13 Reasonable Attorney's Fee .................................................................$2,000.00 Costs of suit and Title Search ......................................................................$900.00 Title/Appraisal Fees .....................................................................................$225.00 $36,563.46 7. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands.a de terris judgment in mortgage foreclosure in the sum of $36,563.46, together with interest at the rate of $9.13; per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: l/)Y,) C 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 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: ?))q09 e2--'t- #81147FC - CHARLES I SMEIGH 268 Carlisle Avenue Enola, PA 17025 ExhibitA wre'?11aeoM*ia Y„ y?'CMrp d#drMw Mod MarlW w MHrYr ?alC'aMU Alrq; a+tll?alakCieBMai/ tMt- Aa lr,trwgot" a"dtlrMdowbom di.?rnnta?d?ilCMta Awls ?rUYir?taee?krarr?Liw??rrf?? idit ?lnlislpadMarAar+Rr? a atY fll?e?rrlN?rs?AnaM?atia}aats/?iAt?11?CMl?i? '7?,' ?allMaallyd+?i4wwii?M?Mq%aiOElra[Orlrrt ?alrrar.; ,. IIRwa M1?Nt4kEmit fitwn?wa*wr-- 71aMls M?t?at Mrwws(1?.t??taMItOMMNt1t*aarr I??A?twr afllLMgMtnMllydlwddr?Ml?wiQlYlAwewt?? a1i?r . 4a?Ya.4MM3r1?R Mil drYCIM1?AwAti aroa*te[OirYMf (igOh iw sqr ariw; r alpYy 1dt? r>1 7Mi4i8dLN/iMuai??? cMA•kwaraa?r?.t 041w •r:..rr.aze.?r Two" CreMktl?rhrlaMolle ymPP1. diaiwelx dPa+d? taad t+t MAVEN a" irwa a rMAqp mMM UM a Tat Cti eA& A.=% No*& PA. ?IOha?/0l?Yi{. ' Eythidit B SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 File #: 81147FC JC (ACT) Sale date: County: Cumberland Properly: 268 Carlisle Avenue Enola, PA 17025 ACT 91 NOTICE DATE OF NOTICE: April 10, 2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mQMW on your home is in defauk and the lender intends to foreclose Suecific information about-the nature of the default is yrovided in ft attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the Mg m works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAY OF THE DATE OF THIS NOTICE Take this Notice with yo when you- meet with the Counseling Agency. The nam address and ph "n number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have My Wmstions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869.1 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programs llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: April 10, 2009. Homeowners Name: CHARLES J. SMEIGH Property Address: 268 Carlbb Avenue, Eno* PA 17025 Loan Account No.: 2000510127499 Original Lender: CITIFINANCIAL SERVICES, INC. Current Lender/Servicer: CITIFINANCIAL MORTGAGE CO. INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 FORECLOSU - 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 (plus dum (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addrrAsee and telene numbers of desi=AW nsumer oydi o elin¢ agencies for the county in which the p?perty is located are set forth at the end of i Notice It is only necessary to schedule one face-to-face meeting. Advise your lender MMq& v of your intentions. APPLICATION FOR HOMAGE A= TA I - 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU $HOULD'FILE-A 1104APrAPIPLICATION AS SUON-AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against the time requirements set forth above. Finance You will be notified directly by the Pennsylvania Housing met Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILWG.OP A PETITION BANKR1117FtCY" THE I+!OLLOWINC PART OF THIS NOTICE IS FOR INFORMATION PUjMZS ONLY AND-SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you hove fled bankruptcy you cm so apply for Ems MA"Pa Asdatarue. HOW TO CURE YOUR MO TGAGE DEFAULT rlnu it up to date) NATURE OF in DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 268 Carib- le Avenue, Enela, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 11/15/2008 thru 4/10/2009 (6 mos. at $283.88/month) $1,703.28 (b) Other charges; Escrow, lnspec., NSF Checks (c) Other provisions of the mortgage obligation, if any (d) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $1,703.28 HOW Tf3 C IMBEIA-UI.T - Yoa may care the defaWt vvitlun THIRTY (30) DAYS of the - date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH ism PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P y c? certified check or money --? must be made eith ?hJe payable and sent to. CITIFINANCIAL MORTGAGE CO., INC. 605 Munn Road Fort Mill, SC 29715 IF YOU DO NOT CURT THE D AULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, Accdmte *0 MKWM debt. considered due immediately and you This may lose the chance to outstanding balance of this dot will be If nsi pay the mortgage in monthly installments. 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 Z _WE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to the reasonable attorney's fees that were actually inc pay arc started ?'? up to $50.00. However, if legal proceedings are against you, you will have to pay all reasonable attomey'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. I 30 Rerio& you wlll net '' aWred to pay attora v's feea. O L - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RL=_TO CURE THE EFAULT PRIOR TO SHa'et Ff"SS 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 RM= the sale at any?p to one hour before the Sheriffs Sale You may do so by paving the total amo t then pmt due. plus any late or other cha_raes then due gable attornev's fees and costs conmected with the foreclosure sale and y other costs connected with the - - s e movdfied in writing by the lender and by inQany-otherneuirements under the M 0118M. Caring year default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST ML%gLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six-(6- months from the date of tide Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. ...HQW -TO eflr ACjr THE It.-ENbERs Name of Lender: CITIFINANCIAL MORTGAGE CO., INC. Address: 605 Mum Road Fort Mill, SC 29715 Phone Number: 800-423-8158 Contact: Loss Mitigation Department EFFECT OF S 'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RI HTi * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE. DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU. CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Conte t: Lass Mid8atl0n Dtepartinerit Phone Number: 800-423-8158 6 HLMAP Consumer Credit Counseling Agencies Roport MNt wdrod: fataafzaa 1:82:41 Pm 1,7oan.Cinfn CO Comm fo Comm ACUM 2100 Lt+rooh Slivel CCCi of wulorn PA P.0.8bta010 2000 Unow o FAA Yllll?rpork PA 17700 . PA 17102 &70 20 0607 11.2 . . W2 W 888.511.2227 COMMA Oema UPW Action Coronaeolon Of CSPdd RoOn MerNaa Orndlt Counow" M - 0.1, 1814 Derry sheet 2f2 Mw MdallocoNm Hrry Harrbur8, PA 17104 Manp k PA /0038 71722.0787 111111MOL6047 LoMee1NP, f11R. CCCS Of Mertluaebm PA 2920 Nah ft suet 401 taunt ftid HarrrbuPA 17110 PlYlon, PA 10840 71722922207 KOdDL2217 800.22.950'7 ....1?rrorralMa--. _ .-- _ 49 MOM # A nus Waynooboo% PA 17258 717.702.3206 looirrr T. Wooftina6on CwWw 1720 flesmd street PI1PA Ede, PA 10808 21 f North Front Street 614A60.8744 11Mrbbup, PA 17110 717.700.x040 CCCS Of VAMM a PA 800342.2907 4402 Paooh Swat Ede, PA 10600 DAUPHN Cotul?y 850.811.2227 Ord 100 CMD of WmWw n PA 0005112427 ad 2000 LrS%okowe PAW 108 HanMbup, PA 17102 888.8112227 OwnYr for l4 Mw, servkree, Ina aaa.811.2w 210 Cerrbr sheet 11 -14-1110 PA 10996 Action CanmNelon at CapYal Realar 814.907.0480 1514 Do" Street Nwrio". PA 17104 Grerder bb tae wMvtlty Aaaon CommHfw 717.2x2.9787 1a va.et 9rH street Erb. PA 18801 Erb, Lwmhlow A.466f 2320 North 8h SYeet HaeMbup, PA 17110 why Udoa wwww League, Irrc. 7172922207 MI kkbm Avenue Fangs PA 10121 OPPwuuft km 724.051.5310 301 Eat Mrar- - Bboet York, PA 17403 ft MoriNr Coder 717.424..1845 1701 Parade Slow Erb, PA 10509 PWA 814.A62.011S 211 Norh Front strut HarriabuM, PA IMO SID 717 7a0JM Adwn County MrbrFW. Horrdea AuMrorffy - 6003422907 40 E Hbh Meal DELAWARE County (aetgebrrs, PA 17326 717.904.1018 Aoom Mooed, Corporeroq 640 MOM Broad Sheet Philade" , PA 10190 215.706.1221 Poe 7 of 19 cig ?f r 20'',` A 12?, F I I 3: I U X78. so3Ll A? CO 3829.3 j?-az swo Sheriffs Office of Cumberland County ga?" °? L?mapr?? .......... y Solicitor R Thomas Kline Sheriff' t, Ronny R Anderson Jody S Smith Chief Deputy FCE OF T"E SAGRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 08:20 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26,200 at 2020 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within n med defendant, to wit: Charles J. Smeigh, by making known unto himself personally, defendant at 268 arlisle Avenue Enola, Cumberland County, Pennsylvania 17025 its contents' and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $4150 SO ANSWERS, May 27, 2009 R THOMAS KLINE, SHERIFF 2009-3 85 By cial Services, Inc. T Deputy Sheriff VS v J. Smeigh N zi In the Court of Common Pleas of Cumberland County CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff vs. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 No. 09-3285 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CHARLES J. SMEIGH by default for want of an Answer. Assess damages as follows: $37,138.65 Debt Interest from 7/3/2009 to Date of Sale per diem at $9.13 Total (Assessment of Damages attached) 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. cKeever Attorney for Plaintiff LD. #56129 AND NOW (~~, ~ ,Judgment is entered in favor of CITIFINANCIAL SERVI S, C. an agad inst CHARLES J. SMEIGH by default for want of an Answer and damages assessed in the sum of $37,138.65 as per the above certification. P onotary Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff vs. No. 09-3285 CHARLES J. SMEIGH (Mortgagors and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned ter h er d against you. urt ong Prothono By: 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 VERIFICATION OFNON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHARLES J. SMEIGH, is about unknown years of age, that Defendant's last known residence is 268 Carlisle Avenue Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: ~,~- ~ 0 frl m C ~Ct,----- 81147FC 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 TAE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 16, 2009 TO: CHARLES J. SMEIGH SMEIGH, CHARLES J. 268 Carlisle Avenue Enola, PA 17025 CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 TO: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 09-3285 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 WTI'H 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 COLJNTY BAR ASSOCLITION 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, 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 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 CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. CHARLES J. SMEIGH (Mortgagor(s) and Record owner(s)) 268 Carlisle Avenue Enola, PA 17025 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-3285 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIFINANCIAL SERVICES, INC., and against CHARLES J. SMEIGH for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $37,138.65. m me ~.~..-~- Michael 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 CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 and that the name(s) and last known address(es) of the Defendant(s) is/are CHARLES J. SMEIGH, 268 Carlisle Avenue Enola, PA 17025; 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 Interest from 10/15/2008 through 07/02/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 0 X $0.00 Title/Appraisal Fees AND NOW, this ~ day of ~~~~~ $31,630.72 $2,382.93 $2,000.00 $0.00 $900.00 $0.00 $225.00 $37,138.65 m~Cl~ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff 2009 damages are assessed as above. Prothy ~_j~~~ L i- ~1~ C. ~ Y 2a~~ ~~~ -~ 6 Ps`~ i2~ ,. iy.~,~~ ~ `~^t ~~~..~e V ~~. 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 CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-3285 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 7/3/2009 to Date of Sale per diem at $9.13 (Costs to be added) $37,138.65 ~ C ~~---- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff Q w U a ~ O w U ~' ~ a'+ ~ 0 ~~c a zH O ~ U w W '-' E~ ["~"'. U ~, c.' __~ 4_~ ~ _., t._Y w__ ~~ t z 0 U W x O C ~ 7 W (.ra 'O y c~ ~"' o > ~ W 0 V] y d ..~ ~~ ~¢ E.y ~b~ys...~a (~ ~ cO te r . ~ U o Cl, i~.+ ~ W O xi b~A N W U ~ ~ w A " . o U a v v U E"~ U /. ~~ dU d ~, :~~,, ~ o ~~~ ,,~ ~ ~ o. N N ~'.d~_a~ W H ~ ~ R~ ~:~~ ~, U N ~ N ~ O ~ N .~i ~ .Si moo a ~o Q a~ G7 c ~' ~_ LL 7 `~ V ~~~ ~ r( a.. ~ = ~ ~ t ~2\ r VVV ~ _! M --~ rbt f.L .~. V ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Carlisle Avenue, said point being One Hundred Fifty Four (154 feet) feet, more or less, South of the Southeast corner of the intersection of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction along the Southern line of lot number fourteen (14) a distance of One Hundred Fifty (150 feet) feet more or less, to appoint on the Western line of public alley; thence in a Southerly direction along the Western line of said public alley, a distance of One Hundred (100 feet) feet, more or less, to a point on the Northern line of Lot number seventeen (17); thence Westerly along the Northern line of said Lot number seventeen (17), a distance of One Hundred Fifty (150 feet) feet, more or less, to a point on the Eastern line of aforementioned Carlisle Avenue; thence in a Northerly direction along the Eastern line of said Carlisle Avenue, a distance of One Hundred (100 feet) feet more or less, to a point, the place of BEGINNING. BEING all of Lots numbered Fifteen (15) and sixteen (16) in Block "B" on the Plan of Lots of Enola Terrace; said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, page 3. Having erected thereon aranch-type residence known as 268 Carlisle Avenue, Enola, PA. BEING TAX Parcel# 09-12-1002-224. N Q c`am' W ~ ~?;J. ~' ' ' (--- ff i 1 ~ f - rry•~ iJ f i tom, (, .~~ r _'~'' ~~ • ' ~~ l !_ •• "^z j~ "` Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney LD. #56129 Suite 5000 - M~Ilon Independence Center 701 Market.Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-3285 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES, 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: 268 Carlisle Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 EAST PENNSBORO TOWNSHIP 98 South Enola Drive Enola, PA 17025 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 Harrisburg, PA 17105-2675 Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL SERVICES INC., A-I-F FOR CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 5. Name and address of every other persan who has any record interest in or record lien on the property and whose interest maybe 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. TENANTSIOCCUPANTS 268 Carlisle Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 2, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff F1LE.~~..'~r,~~ ~~ SIC ~'`~'~w'~'';`;",i~T~?~~ 2UG9 JAL --6 ~~~ i2~ 22 09-3285 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 CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Defendants; Term No. 09-3285 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Your house at 268 Carlisle Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $37,138.65 obtained by CITIFINANCIAL SERVICES, 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 CITIFINANCIAL SERVICES, 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 or1-866-413-2311. 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. 09-3285 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 STII,L 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 fmd 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 maybe 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:/Jwww.philadelphiafed.orgJforeclosure/ 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 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 09-3285 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 maybe 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:/lwww.phfa.org/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(a~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will he 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 81147FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ~CL~L~.~~~i4Y;~: r v ~ t .~ 1 Za09 J~~ - 6 ~r ~ ~~- _Ch t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3285 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC. Plaintiff (s) From CHARLES J SMEIGH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $37,138.65 L.L.$.50 Interest FROM 7/3/2009 TO DATE OF SALE PER DIEM AT $9.13 Atty's Comm Atty Paid $160.50 Due Prothy $2.00 Other Costs Plaintiff Paid Date: JULY 6, 2009 (Seal) REQUESTING PARTY: Name Michael T. McKeever, Esq. Goldbeck McCafferty & McKeever Address: 701 Market St. Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 C s R. Long, Pr~ o ry By: Deputy Supreme Court ID No. 56129 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor } , r.,. ~_ _.. !~; v. ..._. h is Citifinancial Services, Inc. vs. Charles J. Smeigh Case Number 2009-3285 SHERIFF'S RETURN OF SERVICE 09/28/2009 08:44 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 09-28-09 at 2040 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles J. Smeigh, located at 268 Carlisle Avenue, Enola, Cumberland County, Pennsylvania according to law. 09/28/2009 08:44 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 09-28-09 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles J. Smeigh, by making known unto, Charles J. Smeigh, personally, at 268 Carlisle Avenue, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/09/2009 Property sale postponed to 2/3/2010. 01/20/2010 Property sale cancelled on 1/20/2010 01/20/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney McKeever SHERIFF COST: $753.48 January 21, 2010 F`,/ SO ~ ~ .~,~ ~y ~ a y ~.~~~ ''.. ~~~.wa•'~ Y7'~g'i ~, . iY R NY R ANDERSON SW€~i'FF''` ~'" n~ UU ~° S ,~~~"~ ~~1~?yU~~ ~. ~ ~~-34 ~~- Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney LD. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-3285 AFFIDAVIT PURSUANT TO RULE 3129 CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 CITIFINANCIAL SERVICES, 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: 268 Carlisle Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 EAST PENNSBORO TOWNSHIP 98 South Enola Drive Enola, PA 17025 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: CITIFINANCIAL SERVICES INC., A-I-F FOR CONSUMER DISCOUNT COMPANY 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 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 maybe affected by the sale. TENANTS/OCCUPANTS 268 Carlisle Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 2, 2009 ~~;?~~ _ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 09-3285 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56] 29 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-3285 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Your house at 268 Carlisle Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 09, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $37,138.65 obtained by CITIFINANCIAL SERVICES, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 CITIFINANCIAL SERVICES, 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 1-866-413-2311. 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. ' ~ ~ 09-3285 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 STH.L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. 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 fmd 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: httn://www philadelphiafed org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 R 09-3285 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 maybe 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.or~/consumers/homeowners/real aux. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw tom. 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 81147FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Carlisle Avenue, said point being One Hundred Fifty Four (154 feet) feet, more or less, South of the Southeast corner of the intersection of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction along the Southern line of lot number fourteen (14) a distance of One Hundred Fifty (150 feet) feet more or less, to appoint on the Western line of public alley; thence in a Southerly direction along the Western line of said public alley, a distance of One Hundred (100 feet) feet, more or less, to a point on the Northern line of Lot number seventeen (17); thence Westerly along the Northern line of said Lot number seventeen (17), a distance of One Hundred Fifty (150 feet) feet, more or less, to a point on the Eastern line of aforementioned Carlisle Avenue; thence in a Northerly direction along the Eastern line of said Carlisle Avenue, a distance of One Hundred (100 feet) feet more or less, to a point, the place of BEGINNING. BEING all of Lots numbered Fifteen (15) and sixteen (16) in Block "B" on the Plan of Lots of Enola Terrace; said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, page 3. Having erected thereon aranch-type residence known as 268 Carlisle Avenue, Enola, PA. BEING TAX Parcel# 09-12-1002-224. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL'T'H OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3285 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC. Plaintiff (s) From CHARLES J SMEIGH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $37,138.65 L.L.$.50 Interest FROM 7/3/2009 TO DATE OF SALE PER DIEM AT $9.13 Atty's Comm Atty Paid $160.50 Plaintiff Paid Date: JULY 6, 2009 (Seal) Due Prothy $2.00 Other Costs rtis R. Long, o ota By: Deputy REQUESTING PARTY: Name Michael T. McKeever, Esq. Goldbeck McCafferty & McKeever Address: 701 Market St. Philadelphia, PA 19106 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as, 268 Carlisle Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: Rea Estate Coordinator ~ - ~ ~~ 'i;..L (~- t ~~~ 111 '~ A i~^~i 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: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-3285 Civil CITIFINANCIAL Services, Inc. vs. Charles J. Smeigh Atty: Michael T. McKeever ALL THAT CERTAIN piece or paz- cel of land situate in the Township of East Pennsboro, County of Cum- berland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Cazlisle Avenue, said point being One Hundred Fifty Four (154 feet) feet, more or less, South of the Southeast corner of the inter- section of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction along the Southern line of lot number four- teen (14) a distance of One Hundred Fifty (150 feet) feet more or less, to appoint on the Western line of public alley; thence in a Southerly direction ul n.+.. +L.e it/eo+c.~++ l:..o ..F en:.l .... }.l:n ~~~ i Marie Coyne, Ey rtor SWO TO AND SUBSCRI/BED before me this 6 day of November. 2009 C Notary NOTARIAL SEAL-~ DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 ,,The Patriot-News Co. 8,12 M,ar-ket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 the ~latriot-News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 10/23/09 10/30/09 ~. Sworn to and s4~bscribed before me this~~ay of November, 2009 A.D. ~-'."~ ~ ~ --~ No ary COMMONWEALTH OF PENNSYLVANIA Notuda6 Seaf Sherrie L Kiuner, Notary Public City Of hlarrisl~urg, C~au~hin County My Comm~sbrr Expirs~ Nov. 26, 2011 11 /06/09 Member, Pennsylvania Association of Notaries WrR No. 2001-'1 CIYHTerm ~ITIFIFIANCIAL ~rvlces, Inc. Vs Charles J. S~nelgh Atty: MlrlhaelT. McKeever ALL THAT CERTAIN piece of parcel of land situate in the Township of mast Petmsboro, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Gazlisle Avenue, said point being One Hundred " Fifty Four (154 feet}feet, more or less, South of the Southeast comer of the intersection of said Cazlisle Avenue and Church Street, said Chutch Street now being known as Shady Lane;. thence in an Easterly direction along the Southern line of lot number fourteen (14} a distance of One Hundred Fifty (150 #eet) feet more or less, to appoint on the Western line of public alley; thence in a Southerly ,direction along. the Western line of said public alley, a distance of One Hundred (100 feet) feet, more or less, to a point on the Northern line of .Lot number seventeen (17) thence Westerly along the Northern line of said I.ot number seventeen (17), a distance of Ode Hundred Pifty (i50 feet) feet, more or less, to a point, on the Eastern line of aforemenrioned Carlisle Avenue; thence io a Northerly direction along the Ea$bem line of said Carlisle Avenue, a distanix of .One Hundred (100 feet) fcet more or less, to a point, the place 'of BEGINNING. BEING all of Lots numbered Fifteen (15) and sixteen (f6) in Block "B" on the Plan of hots of Enola.Terrace; said )fan being recorded in the Office of the Recorder. of Deeds in and for Cumberland County. in Plan Book 1, page 3, Havingretected thereon aranch-type residence known as 268 Carlisle Avenue, Enola, PA. BEING TAX ProdM09-l2-1002-221. I~ Jan,'9. 201C 2:33rM Goldbeck, McCaTTery, McKeever COY.DB~CK McCA~FEIZT`~' & NIcKE~'VEIZ A Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 ` (215) 627-7734 (Fay) ranuary 19, 2010 R. Thomas T~line SHERIFF OF CUMBERLAND COUNTY" Sheriff's Office Carlisle, I'A 17013 p'A}C 717-240-6397 ' BOOK `V'V"RrT RE: CITIFINANCTAL S1rRVTCES,INC_ vs. cHARr.ES r. sM~I~H No. 09-3285 Property address: 268 Carlisle~ivenue Eriola, PA I702S Sheriffs Sale bate: February 03, 2010 Dear Sir(Madam: IVo, 6249 ~. 1 ~~~ ,. ~` , , - ~_~ ~ ; ~ , ~ r ~; ~ ~~ Cumberland As a result of the filing of a petition in Bankruptcy, kindly stay the S}~eriffs Sale ~~Yth reference to the above-captioned matter and return any unused costs. I have collected $0.00 towards my client's debt. The bankruptcy filing information is as follo~~~s: Date filed: Decennber 08, 2009 Case number: #09-09490 -Middle Chapter: 13 nudge: Robert N_ Opel r1 Thank you for your cooperatzon_ ' Very truly yours, ,, _.-: .. :. ' '. ~ s. MICHAEL T. MCKEEVER MTlv1/genm , cc: ryoti Bajaj CI'TTIFINANCIAL MORTGAGE CO. INC.