The URL can be used to link to this page

Home My WebLink About09-3809/ 6OLDBECK 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 CITIMORTGAGE, INC. S/B/M PRINCIPAL RESIDENTIAL MORTGAGE INC. 1000 Technology Drive O`Fallon, MO 63304 Plaintiff VS. MARIA A. DERK GREGORY R. DERK Mortgagors and Record Owners 539 Hillcrest Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term pg. 301 &-P? l CIVIL ACTION: MORTGAGE ` f)RECLOSURF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. I). 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 httv://www.phfa.orp-/consumers/homeowners/real.asnx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: hq:/'www philadelt)hiafed 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 homeretentionna goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 83466FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE, INC. SB/M PRINCIPAL RESIDENTIAL MORTGAGE INC., 1000 Technology Drive, O'Fallon, MO 63304. 2. The names and addresses of the Defendants are MARIA A. DERK, 539 Hillcrest Drive, Carlisle, PA 17015 and GREGORY R. DERK, 539 Hillcrest Drive, Carlisle, PA 17015, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On March 20, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to UNION FSB OF INDIANAPOLIS, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1440 Page 918. The mortgage has been assigned to: CITIMORTGAGE, INC. S/B/M PRINCIPAL RESIDENTIAL MORTGAGE INC. by assignment of Mortgage August 24, 2000 as Book#:653 Page: 119. 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, 2009 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 ....................... ......$81,210.31 Interest from 01/01/2009 through 05/27/2009 at 6.6250% .............. .........$2,166.78 Per Diem interest rate at $14.74 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,060.52 Late Charges from 02/01/2009 to 05/27/2009 .............................................$297.43 Monthly late charge amount at $31.14 Costs of suit and Title Search ......................................................................$900.00 Unpaid Previous Late Charges ....................................................................$172.87 Delinquent Expense Total ............................................................................$188.29 Servicing Fees ................................................................................................$37.00 Escrow Balance ....................................................................................... ($1,573.43) Pending Escrow Distribution .......................................................................$343.40 Monthly Escrow amount $192.10 $87,803.17 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 seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. 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 $87,803.17, together with interest at the rate of $14.74, 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 M CAFFERTY & McKEE BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION 10m KrakWak , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: J&P 2 6 d - '7-- ?W? v-', Pa i - IOm K t Viet PftWent #83466FC - MARIA A. DERK and GREGORY R. DERK 539 Hillcrest Drive Carlisle, PA 17013 E.xhibitA Aff TUAT C6N?AIN -- rwsr ?M yrr.W y/lnur ?ow OW port.sar.l> enrf "jr nehi p $ South. N11Nllmm - la d, Cumberland laid CaereawWA Yeau I,rMCwngM $ y6wb, e.w PrnlrW.vy Jrar•N6rdx, /uNxwr: n9GINNING At A point an the Be-k•arn aide of Uillarest 11r1ve at the dividing lino ketwean Late Nos. a and 9 on the hereinafter masltiuned Plan of Lots/ theses by said ??vldlag 11pe, north 76 degrase 26 minutes Hart, 110.0 fast to a puintll"tlsancs South la degrees 36 minutes east. loo tut to a polath thane. 4 the dividing line between Tots licit. 7 a.,A a on acid Plan of Leto, Booth 7S deggrea¦ 26 minutes vast, 110.65 toot to a point on the Eastern side of At latest Drivel thence by tlm Baetsrn atria of acid Drive, North U dogroea li minutar hoot, 100 foot to this place of BEGINNING. BEING Lot No, A of Station •I'+ of the said Plan of lots known Air rorge nnad Aese¦ reaarded in the hereinafter named naeordar•r office lu Plea Doak 22, Page 00, on which there to erected s brick-oesed rand, type '1100111 ng house kAewn ar 539 11111creet Drive. SUUJRCT, however, to the restrictions and conditions rocardad lot Elio hotaisrafter AAamd Recorder•is Cffioe in Nlscsllansoua Neaard Houk 166, page 512, except as folleweI 1 J; mu dwelling hausa oonntructod an the Abova'int rha11 have nut au that 1100 square feet of living aroA. 2. The extarinr dimeaaiane of AnYY canah typo dwollag houon aonul:t•uctvd on the Above-dnaorlbod lot rhe11 be Plat Sous that 26 feet by 11 feet, rxc lulling garaga or carport. 3. A garaya o: carport at lonst 11 tout wide shall be aruoted with eaNr dwelling honer. Stale of Po ma ) 86 County of C lendll In Me Drf lm for $NI nEOrdlrlS a Deedli ea. rrnd CGwaw or?../1 " -Is p? p sed1440ro .924 E..X,hibit B REPRESENTATION OF PRINTED DOCUMENT c ti mortgage' 04/17/09 79280 000307 GREGORY R DERK MARIA A DERK 539 HILLCREST DR CARLISLE PA 17015-4333 7107 8381 6540 0932 4873 RE: CitiMortgage Loan #: 0003741893 0003741893 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that default, and the lender intends about the nature of the default The HOMEOWNER'S EMERGENCY MORTGj able to help to save your home. works. the mortgage on your home is in to foreclose. Specific information is provided in the attached pages. %GE ASSISTANCE PROGRAM (HEMAP) may be This Notice explains how the program To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 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. n 0 4 N O LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA 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. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0003741893 c ti mortgage' Page Two 04/17/09 0003741893 HOMEOWNER'S NAME(S): Gregory R Derk Maria A Derk PROPERTY ADDRESS: 539 Hillcrest Drive Car11sle,PA 17013 LOAN ACCT. NO.: 0003741893 ORIGINAL LENDER: Federal Savings Bank CURRENT LENDER/SERVICER: CitiMortgage, Inc. Is 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: x 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 * 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-three (33) days from the date of this Notice. During that time you must arrange and attend a "Pace-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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. LL ti d N O M r CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0003 74 1 893 c ti mortgage' Page Three 04/17/09 0003741893 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). 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 forwarded to PHFA (filed or postmarked) within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON 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 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.) LL O O V N O :h n CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0003741893 c ti mortgage„ Page Four 04/17/09 0003741893 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: 539 Hillcrest 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: 02/01/09 thru 04/01/09 3 @ $815.09/month 3 @ $31.14/late charge/month $2,884.85 Previous late charge(s) $172.87- Delinquency Expenses(s) $173.29 TOTAL AMOUNT PAST DUE: $2,884.85 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 $2,884.85, 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 LL o? O K N O CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0003741893 c ti mortgage` Page Five 04/17/09 0003741893 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'Fallon, MO 63368-2240 Phone Number: 1-800-723-7906* Fax Number: 1-636-261-7716 Contact Person: Adam Saab Email Address: ryan.ollier@citi.com * Calls are randomly monitored and recorded to ensure quality service. LL a O a N O :h CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0003 7 4 1 893 c ti mortgage Page Six 04/17/09 0003741893 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: * 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. 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. 090417D0004094 8 4 N O CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT Cl t E?; VCE OF TNT I)! 2089 JUN -9 PM ?_: 06 A ?UNua Sheriffs Office of Cumberland County R Thomas Kline rat cul"btr Sheri ? Ronny R Anderson ` Chief Deputy W 10E Or _HE s*<gRIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Citimortgage Inc vs. Gregory R. Derk Case Number 2009-3809 SHERIFF'S RETURN OF SERVICE 06/24/2009 06:07 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 1807 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gregory R. Derk, by making known unto Maria Derk, wife of defendant at 539 Hillcrest Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/24/2009 06:07 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 1807 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria A. Derk, by making known unto herself personally, defendant at 539 Hillcrest Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 June 25, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF BY 0; ` Deputy Sheriff C= R ?o } x C ?:CU w GOLDBECK McCAFFERTY & McK~EVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 _, r~~~~ ~-- ~ ~ i r ;~~ Tht ~, n r ~, ~ r-,T~t~v it ZDiD J~! -6 ~~~ 10~ 2~ yqc r'.. .;; c:J i. ;~ ,;,.H CITIMORTGAGE, INC. S/B/M PRINCIPAL RESIDENTIAL MORTGAGE INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. MARIA A. DERK GREGORY R. DERK 539 Hillcrest Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 386Q No. 09-0369 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. Michael T. McKeever, Esquire Attorney for Plaintiff