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09-4930
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 WWW.GOLDBECKLAW.COM CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. Plaintiff RICHARD L. FORTNEY JR. Mortgagors and Record Owners 230 Wertz Run Road Carlisle, PA 17013 Defendants No. N - 1/4 CIVIL ACTION: MORTGAGE 711.1CLO RJR 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. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 01'U i I RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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.4Wx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: htip://www.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 homeretentionagoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 79568FC. Para informacion en espanol puede communicarse con Loretta al 215-825••6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE INC., 1000 Technology Drive, MS 730 O'Fallon, MO 63368-2240. 2. The names and addresses of the Defendants are RICHARD L. FORTNEY JR., 230 Wertz Run Road, Carlisle, PA 17013, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On May 27, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COMMERCE BANK/HARRISBURG NA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1908 Page 4038. The mortgage has been assigned to: CITIMORTGAGE INC. by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for October 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 ..................................................................................$159,253.53 Interest from 09/01/2008 through 07/31/2009 at 6.3750% .......................$9,294.74 Per Diem interest rate at $27.81 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$7,962.68 Late Charges from 10/01/2008 to 07/31/2009 .............................................$517.50 Monthly late charge amount at $51.75 Costs of suit and Title Search .......................................................................$900.00 FHA/PMI premium ................................................................................. $265.44 Delinquent Expense Total ....................................................................... $ ,.... 886.00 Servicing Fees ........................................................................................... ..$49.00 Escrow Advance Balance ..........................................................................$1,185.25 Pending Inspections ........................................................................................$15.00 BPO Fees ........................................................................................................$84.00 Monthly Escrow amount $474.76 $180,413.14 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 persona in" 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 $180,413.14, together with interest at the rate of $27.81, 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 McCAFFER Y & McKEEVER BY: MICHAEL T. MCKEEVE , ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, SCy- SC 1'Le t ¢ , 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 t ?-<-? q , 21'? Sco ?-?- Sc rye rv r , vices (-eSvda ?-1? #79568FC - RICHARD L. FORTNEY JR. 230 Wertz Run Road Carlisle, PA 17013 Prepared By: ALEX CROSSMAN Return to: GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 Parcel ID#: ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to CitiMortgage Inc. (Assignee), all of its right, title and Interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed RICHARD L. FORTNEY, JR., Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A.. Bearing date of. MAY 27, 2005; Amount Secured: 165,900.00; Recorded on 5/27/05; in BK: 1908, PG: 4038; in the Recorder of Deeds Office of CUMBERLANDCounty, Commonwealth of Pennsylvania ("Mortgage") Property: 230 WERTZ RUN ROAD, CARLISLE, PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this March 2, 2009. Mortgage Electronic Registration Systems, Inc., A Dela are Corporation 41jlll-?- (SEAL) me: Scott Scheiner Title: Vice President ?? kW"WN- (SEAL) N e. Kim Idd oviak Title: Vice President ss: STATE OF MISSOURI COUNTY OF St. Charles) BE IT REMEMBERED, that on this March 2, 2009, before me, the subscriber, a Notary Public personally appeared Scott Scheiner, Vice President and Kim Krakoviak, Vice President of Mortgage Electronic Registration Systems, Inc., a Delaware Corporation officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. Notary Public My commission expires: I hereby certify the address of the Assignee is: 1000 Technology Drive, O'Fallon, MO 63368-2240 AID D CROSSAMAN Notanj Public - Notar7 Seal Loan No.: 2002679702 State of Missouri St. Charles County Commission 108672776 Case #: My Commission E°pi'es 1110412012 l EyihibitA Sent By: PA Aeal Estate Services, Inc.; 2430940; May•z?-u? a:uorM; raga o u Commitment Number. PMOG-020 File Number FORTNEYARS ALL THAT CERTAIN tract of land situate In North Middleton Township, Curnberk" County, Penn%wwls bounded and described in accordance with the PrellmiMrylFinal Subdivision Plus for Robert L, Noll and Mary E. Noll recorded in the twice of the Recorder of Deeds In and for Cumberland County, Pennsylvania, in Plan Book 74. Page 14, as follows: BEGINNING at an wdsting P.K. nail In the centerline of the Cartway of 80 feet Wide Township Road T-499, known as Wertz Run Road at the comer of lands now or form" of Roder! L and Gloria M. Jumper, Mssnce dorig the calnterkm of CorhM of Township Road T-499, known ai Want Run Road, South 59 dogress 25 minulea 00 seconds East a distance of 94.71 feat to a PON in Me of Lot No. 2 as shown an the aforemenscrad Subdivisions Plan: thence ab% said Lot No. 2 South 29 degrees 25 minutes 66 seconds West a disfarsoe of 177.10 feet to an iron pin sat; thence by some North 80 depnes $4 minutes 04 seconds Went a 494mce of 127.22 few to an iron pin sal in In of land raw or formerly of Robert L. and Glaris M. Jumper, thence a1mg sold lands now or farrnerly of Robert L. and Gloria M. Jumper North 39 degrees 44 minutes 00 seconds East a distance of 181.94 feet to an existing PX nail in the center ilne of the Cartwsy of Township Road T-499, known as Wsrtz Run Road, the Place of BEGINNING. CONTAINING 19,771.27 square fret, 17,037.36 square feet net of the dedicated right-of-way for Township Rood T-499, known as Wertz Run Road, and being all of Lot No. 1 as shown on the PrailrninarylFinal Subdivision Plan for Robert L. Noll and Mary E. Noll recorded in the Offrce of the Recorder of Deeds In and for Cumberland County, Pennsylvania. In Plan Book 74, Pap 16. L?d SCHEDULE C LEGAL DESCRIPTION '-'! rocr of Deeds bTF:WiVUT TITI.I.: GUARAKTT COMPANY BK 1908F,1405J Ey, hibit (B REPRESENTATION OF PRINTED DOCUMENT 2002679702 c ti mortgage 7107 8381 6540 0845 4120 01/22/09 55502 000324 RICHARD L FORTNEY JR 230 WERTZ RUN RD CARLISLE PA 17013-8102 RE: CitiMortgage Loan #: 2002679702 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 provided 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)780-1869). 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 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. 0 4 0 CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2002679702 c ti mortgage Page Two 01/22/09 2002679702 HOMEOWNER'S NAME(S): Richard L Fortney Jr PROPERTY ADDRESS: 230 Wertz Run Road Carlisle,PA 17013 LOAN ACCT. NO.: 2002679702 ORIGINAL LENDER: Commerce 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: * 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. J O K N O CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2002679702 c ti mortgage Page Three 01/22/09 2002679702 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 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 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.) CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2002679702 c ti mortgage Page Four 01/22/09 2002679702 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: 230 Wertz Run Road_ 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: 10/01/08 thru 12/01/08 3 @ $1,509.76/month 3 @ $51.75/late charge/month $4,684.53 01/01/09 thru 01/01/09 1 @ $1,415.04/month 1 @ $51.75/late charge/month $1,466.79 Previous late charge(s) $0.00 TOTAL AMOUNT PAST DUE: $6,211.32 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 $6,211.32, 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 n 4 CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2002679702 tc i mortgage Page Five 01/22/09 2002679702 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 * Calls are randomly monitored and recorded to ensure quality service. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2002679702 c ti mortgage Page Six 01/22/09 2002679702 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. 090122D0001972 ri ti CitiMortgage, Inc. does business as Citicorp Mortgage in NM. INTERNET REPRINT D OF THE FILED -U, () OT'vy 2009 JUL 22 AM 11: 15 PS Sheriffs Office of Cumberland County R Thomas Kline Sheriff ,?r114? of 4?;?t?7?lrrt ?? Y??r? OFFICE:; I-ERIFF F BLEU-.,.'F; FCE Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2009 JUL 2$ Pal 3: 26 UNk' du J lj? , 1 Citimortgage Inc vs. Richard L. Fortney, Jr. Case Number 2009-4930 SHERIFF'S RETURN OF SERVICE 07/24/2009 07:32 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2009 at 1932 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard L. Fortney, Jr., by making known unto himself personally, defendant at 230 Wertz Run Road 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: $33.40 July 27, 2009 SO ANSWERS, ?r r R THOMAS KLINE, SHERIFF Deputy Sheriff In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. RICHARD L. FORTNEY JR. (Mortgagor(s) and Record Owner(s)) 230 Wertz Run Road Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 09-4930 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. Answer. Enter the Judgment in favor of Plaintiff and against RICHARD L. FORTNEY JR. by default for want of an Assess damages as follows: Debt Interest from 09/11/2009 to Date of Sale per diem at $27.81 Total (Assessment of Damages attached) $182,125.40 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 SAA, 141 J--6 61? , Judgment is entered in favor of CITIMORTGAGE INC. and a ainst RICHARD L. FORTNEY JR. by default for want of an Answer and damages assessed in the sum of $182,125.40 as per the above certification. f Pro onotary 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. RICHARD L. FORTNEY JR. (Mortgagors and Record Owner(s)) 230 Wertz Run Road Carlisle. PA 17013 Defendant(s) No. 09-4930 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-captione ter red against you. Curt Long Prothonotary 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 79568FC 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: August 18, 2009 TO: RICHARD L. FORTNEY JR. FORTNEY JR., RICHARD L. 230 Wertz Run Road Carlisle, PA 17013 CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 vs. RICHARD L. FORTNEY JR. (Mortgagor(s) and Record Owner(s)) 230 Wertz Run Road Carlisle, PA 17013 TO: RICHARD L. FORTNEY JR. 230 Wertz Run Road Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Tenn No. 09-4930 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, RICHARD L. FORTNEY JR., is about unknown years of age, that Defendant's last known residence is 230 Wertz Run Road 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: 9?D GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. RICHARD L. FORTNEY JR. (Mortgagor(s) and Record owner(s)) 230 Wertz Run Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-4930 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE INC., and against RICHARD L. FORTNEY JR. 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 $182,125.40. 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 CITIMORTGAGE 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 RICHARD L. FORTNEY JR., 230 Wertz Run Road Carlisle, PA 17013; GOLDBECK McCAFFERTY & McKEEV ER 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 $159,253.53 Interest from 09/01/2008 through $10,428.74 09/10/2009 Reasonable Attorney's Fee $7,962.68 Late Charges $621.00 Costs of Suit and Title Search $900.00 Escrow Payments Due I X $474.76 $474.76 FHA/PMI premium $265.44 Delinquent Expense Total $886.00 Servicing Fees $49.00 Escrow Advance Balance $1,185.25 Pending Inspections $15.00 BPO Fees $84.00 $182,125.40 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this J day of 2009 damages are assessed as above. 1.yez"qu -, , P Prothy --?/ 'ov E ZQn9 SEP ! ? P?1 ?? 35 -36 S11 1? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Richard L. Fortney a/k/a Richard L. Fortney Jr. CITIMORTGAGE INC. VS. Richard L. Fortney a/k/a Richard L. Fortney Jr. Debtor(s) Lawrence G. Frank Esq., Trustee Respondents ORDER 69- y93 d CHAPTER 7 CASE NO. 1-09-bk-02644 RNO 11 U.S.C. Sections 362 and 1301 Upon consideration of Movant's Motion for Relief from the Automatic Stay, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under 11 U.S.C. Sections 362 and 1301 of the Bankruptcy Reform Act of 1978 (The Code) 1 1 U.S.C. 11 U.S.C. Sections 362 and 1301 (if applicable), are modified to allow CITIMORTGAGE INC. and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 230 Wertz Run Road Carlisle, PA 17013 and a possessory action if necessary. Movant may, at its option, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/ loss mitigation agreement. The moving parry may contact the debtor(s) via telephone or written correspondence to offer such an agreement. By the Court, (5" U, Dated: June 9, 2009 Robert N. Opel, II, Bankruptcy Judge (Da) Pus 44cc'u,.tir€nt is skgned E3ndfiled on the carne date. Debtor(s) Movant Case 1:09-bk-02644-RNO Doc 14 Filed 06/09/09 Entered 06/09/09 13:05:48 Desc Main Document Page 1 of 1 RLED-OFF EF THE Ppo"rH- OMOTAF?Y 2039 SEP 14 PM 2: 3 5 CUv B" _' , ?;. ' ' OUNIY PENNSYLVANIA PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 Plaintiff vs. RICHARD L. FORTNEY JR. Mortgagor(s) and Record Owner(s) 230 Wertz Run Road Carlisle. PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4930 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 09/11/2009 to Date of Sale per diem at $27.81 (Costs to be added) $182,125.40 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff . RM-OF CE OF 7HE PROTHONOTARY 2009 SEP 14 PM 2: 3 b 00 c ek gF-f '7c,(. S() S'+1.0o s 33-`?° r J1 . )0 Pd ) 5- b co ¢ ?7 O ? W ' U U Z © ? r C4 d a p 0 'n W ° O Q -' H o0 0 3 a , Z? ? ?? cd Q o Q U c W k k"1. F"1 N '? e3 W O ) H .i H a ca U v ?U d o r. l N 2 Y .C'+ N U c r- CS N o ? O p.+ O ALL THAT OWAIN bW of lend s In Notts 0*1100n 'fotirnirhip, CuAiberbird DOW*, Perris bounded anO deaiM4r10N in eCMPAW46 *0 10 P ilAlalnloi lblrwl slMpubdt'Awl ?n 1atiMn for MOM L. NoN and mmy E- Noii Ise i ded in Ow Office of to ftcordrr of Clo*& M sn4 fort nirwWd Cwt, P M%y'Iranla, In Plan Onk 74, Pqp 14, as rauaws: BacoWmiw at an am" P.K mil In the cwil#** of the CeAW Of aD I ft wide Township NOW T-+4ft know as Weft Run Raved sit ere Wor of lards nor or fiema ' of Rftwt L sW > ht AIMW. 30 IN *% ilia cenudk" of OWW" of T 1p ftO T-410. iiirwra air Waralt RUn ROOK SwAh ID d 25 ? 00 "=I" Eemt a id Wm of 94.71 fW a a poW In We of Lot Mo. 2 66 a11wi ! 4011111 Mfi?rarflenOWIN ld Sim Pim fnerm s"gMd Lift Nat 2 8ei?Eh 29dw n 26 irhAve d6 mom, 1itiMdt it dwal m of 07.101"to m ton pin pit 011,100 by i No* 40 ? 34 minvW 04 saoonds Woo a d?MUertie ot 137,22 feat to an iron pin so In Ana of ho raw at *wmrtyr of L. OW Qbft K ,#Mnpirr, Ow" Oft amid fiends mw or fcrmariyy of f4otiert t. &W 0" 9, Ar" MO 29 OWW 44 reinuft 00 eeiorde tEed ar diftnas of 181.24 *14 4110 on adv*j P.K nail in fsarnfsr ilea oj** M* dTwm* OW T-410. inrr mwv4wk Am ft K 9* Phm d IMloppNC COWJUNR4G 19,771.27 *Wm 17,0117.36 square foa Ast of the dedioOM Nweyr for Tawrewhip Rwd T-4011, kf111w1rt its W at fun *0 4 WA loOhl ON of Lot Na 1 eve shown an Me 4f11N 131JI?n p1m for Robvt L, Noll and Iiiwy F W reamod in N ONoe of the Recorder of iE in and for cuff r•rland County, Perw% w 1k in Plan 906k 74, Pop 16. TAX PARCEL #29-15-1251-108 BEING KNOWN AS: 230 Wertz Run Road, Carlisle, PA 17013 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. RICHARD L. FORTNEY JR. Mortgagor(s) and Record Owner(s) 230 Wertz Run Road Carlisle. PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 09-4930 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff FLErCE- pF THE PROTHONOTARY 2009 SEP 14 Pit 2: 36 CUM .. ;'ate 1 iUf\f Y PENINSYNAVNIA Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 IN THE COURT OF COMMON PLEAS Plaintiff vs. RICHARD L. FORTNEY JR. (Mortgagor(s) and Record Owner(s)) 230 Wertz Run Road Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4930 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 230 Wertz Run Road Carlisle, PA 17013 I.Name and address of Owner(s) or Reputed Owner(s): RICHARD L. FORTNEY JR. 230 Wertz Run Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: RICHARD L. FORTNEY JR. 230 Wertz Run Road 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: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: ., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CORINTHIAN MORTGAGE CORPORATION D/B/A SOUTHBANC MORTGAGE 10461 Mill Run Circle Suite 720 Owings Mills, MD 21117 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CORINTHIAN MORTGAGE CORPORATION DB/A SOUTHBANC MORTGAGE P.O. Box 2026 Flint, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CORINTHIAN MORTGAGE CORPORATION DB/A SOUTHBANC MORTGAGE 3300 SW 34th Avenue Suite 101 Ocala, FL 34474 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 230 Wertz Run Road 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: September 10, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff r+ ALED-DFFiCE OF THE P THOINOTAR`l 2009 SEP 14 PM 2: 3 ) A..1L.{ •.?i 'i V.LJ ,'-XJ JI w t tPENNIN OYANIA 09-49310 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#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. RICHARD L. FORTNEY JR. Mortgagor(s) and Record Owner(s) 230 Wertz Run Road Carlisle, PA 17013 Defendant(s) Term No. 09-4930 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: F'ORTNEY 1R., RICHARD L. RICHARD L. FORTNEY JR. 230 Wertz Run Road Carlisle, PA 17013 Your house at 230 Wertz Run Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday; March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $182,125.40 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: I. 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. of 09-4930 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 fired 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: htip://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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 f 09-4930 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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 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@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 7956817C. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. 2009 SEP 14 PIS 2: ? 6 CL w-, j 4 JuNTY P e r?' YLVII NIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4930 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From RICHARD L. FORTNEY, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$182,125.40 L.L.$.50 Interest FROM 9/11/2009 TO DATE OF SALE PER DIEM AT $27.81 Atty's Comm % Atty Paid $152.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: SEPTEMBER 14, 2009 (Seal) da44'wl C s R. Long no By: Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000, MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 MAR 0 12010 5~ CITIMORTGAGE INC. 1000 Technology Drive MS 730 O'Fallon, MO 63368-2240 VS. RICHARD L. FORTNEY JR. 230 Wertz Run Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS ORDER OF Cumberland COUI~'Y ~ ~'1 r s ~ \../ i ~`.~ ~~ n f"i1 1_ ~;~ i ; 09-4930 n~ `°?t_.r _, = CJ ' f.s ~~ n~ ;~k a, -~ AND NOW, this ~~ day o~y~~ 2010, upon consideration of the Plaintiff s Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, RICHARD L. FORTNEY JR., have been unsuccessful, it is, ORDERED and DECREED: that Plaintiff s Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff's Sale upon Defendant, RICHARD L. FORTNEY JR., by posting a copy of the Notice upon the premises 230 Wertz Run Road, Carlisle, PA, 17013, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 230 Wertz Run Road, Carlisle, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, )~H~'D I~ ~ ° FORTNEY JR., by sending copies of same to Defendant's last known address by certified ~egu~ x; ~ mail and by posting the premises. U ~^~ !N t-- ~~; - BY THE COURT: ~% ~ ao ~D' tribution list: /Michael T. McKeever, Esquire, Suite 5000 -Mellon Independence Center, d~ladelphia, PA 19106-1532 RICHARD L. FORTNEY JR., 230 Wertz Run Road Carlisle, PA 17013 n _ ~~. ~-~o ~ ~S /7'L~l.l l~C~. p ~~~1 ~~ ~~ 701 Market Street, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersgn Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~g~pir 0~ ~QINbp,~r~~~ ~',~4't~re4 .~ '~w'~'-.~.. ~FiGB (yF THE SHERIFF l~r ' T ~,I_ ~' r I;';R t ZO-0 ~.i_ Z 1 ~ ~-i ~~ ~~ Jul. 2Z Pw! ~: ~~ f~~. t ~~.t' ',a Citimortgage Inc Case Number vs. Richard L. Fortney, Jr. 2009-4930 SHIERIFF'S RETURN OF SERVICE 12/17/2009 07:26 PM -Shawn Harrison; Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 1916!, hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the abovje entitled action, upon the property of Richard L. Fortney, Jr., located at, 230 Wertz Run Road, Carlisle, Qumberland County, Pennsylvania according to law. 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within nartned defendant to wit: Richard L. Fortney, but was unable to locate him in his bailiwick. He therefore returrhs the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Richard L. Fortney. 03/02/2010 Property sale postponed to 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum o~ $1.00 to Attorney Michael McKeever, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265, I~eing the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 907.72 SHERIFF COST: $907.72 July 27, 2010 SO ANSWERS, `~- RON R ANDERSON, SHERIFF a~ ~_~,. . s~ u~! ~~ ~ ~~~ (cj CountySuite Sheriff, Teleosoft, Inc. i Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-4930 AFFIDAVIT PURSUANT TO RULE 3129 it Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.I). #56129 Suite 5000 -Mellon Independence I,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. RICHARD L. FORTNEY JR. (Mortgagor(s) and Record Owne>~(s)) 230 Wertz Run Road Carlisle, PA 17013 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 epcecution was filed the following information concerning the real property located at: 230 Wertz Rdn Road Carlisle, AA 17013 I .Name and address of Owner(s) or Reputed Owner(s): RICHARD L. FORTNEY JR. 230 Wertz Run Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: RICHARD L. FORTNEY JR. 230 Wertz Run Road 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: DOMESTIC ELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 7013 PA DEPART ENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and ]fare Bldg. -Room 432 Harrisburg, P 17 ] 05-2675 t. Name and address of the last recorded,holder of every mortgage of record: i MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CORINTHIAN MORjTGAGE CORPORATION D/B/A SOUTHBANC MORTGAGE ' 10461 Mill I~un Circle Suite 720 Owings Mill, MD 21117 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CORINTHIAN MORTGAGE CORPORATION DB/A SOUTHBANC MORTGAGE P.O. Box 206 Flint, MI 48501 MORTGAG>~ ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CORINTHIAN MORTGAGE CORPORATION D/B/A SOUTHBANC MORTGAGE 3300 SW 34th Avenue Suite 101 Ocala, FL 3474 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 230 Wertz Rum Road Carlisle, PA 1'.7013 (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: September 10 2009 _./- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 6 f ~- 09-4930 G`I~LDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon lndependerice 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. RICHARD L. FORTNEY J~2. Mortgagor(s) and Record I~wner(s) I 230 Wertz Run Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-4930 THIS LAW FIRM I~ A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBTI 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'I OF SHERIFF'S SALE OF REAL PROP RTY TO: FORTNEY JR., RICHARD'L. RICHARD L. FORiTN~If JR. 230 Wertz Run Road Carlisle, PA 17013 Your house at 230 We#-tz Run Road, Carlisle, PA 170]3 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, ati~ 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $182,125f40 obtained by CITIMORTGAGE INC. against you. ', NOTICE OF OWNER'S. RIGHTS To prevent this Sheriff s Sale you must take immediate action: I . The sale will be cancel ed if you pay to CITIMORTGAGE INC., the back payments, late charges, costs and reasonable attorney's es due. To find out how much you must pay call our office at 215-825-6329 or1-866-413-2311. 2. You maybe able to sto~ the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly en ered. You may also ask the Court to postpone the sale for good cause. 09-4930 You may also be ablo 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). 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 mjay 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 reinain 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 t~ a share of the money which was paid for your house. A schedule of distribution of the money bid f~r your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This ~chedule 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 Sherifi~' within ten (l 0) 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:/lwww.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFQRD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAPi1 GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row ~' Carlisle, PA 17013 717-243-9400 CUI~IBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue ~, Carlisle, PA 17013 09-4930 ACT NOW! Even though you 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 atto ey. For referrals to a qualified attorney call either of the following numbers: 717 243-9400 or . 2). Call the Con~umer 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 inn default. Please See the PHFA website 5). Call the Plain iff (your lender) at and ask to speak to someone about Loss Mitigation or Home Rete tion options. 6). Call or conta tour office to request the amount to bring the account current, or payoff the mortgage o request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-{413-231 l or via email at homeretention(a~,goldbecklaw.com. Call Seth at 215-825-632 or fax 215-825-6429. The figure and/or package you requested will be mailed o the address that you request or faxed if you leave a message with that information. Th~ 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 Atto>Fney File Number of 79568FC. Para infonnacion ~n espanol puede communicarse con Loretta al 215-825-6344. j 11`11 THAT GERtA1H Iract d oFbuste- In i MddMNOn To~wtaM~ip. CuroberM~nd .~outn~t, psnroycwerrie hounded en~t datwxlbed Irf wdlh ~ Pte~rty~inal SubdhriMian ~ !tr Robert 4~ t~1f mnd ~ f. N41t 1wMDOtdlid it- ~t 6XFId~ 0~ 1l1~ oidar pif F3erdt in ~n0 bt't3umba~nq Cquntl'. PgttMp. iD RNm 84iik T4, Paps 18. ft Nowt: ~, BEt~IIHNING at in ~ndttinp P.Ft r>~ In tht seMarNrrr of thf ~IMu~ M d01wt IMdwl TownMfip F'leed T~* Fu+own as Wert Ran RaMd ~t ~ ~orr+ar bti~ ruaM- a ' at R~r# L sand tylor'Fi ~ ri~ l~rtd~- EAiat ~ ~~ W s pvbt in lye a~e~ tl~o~l ~ llre 8ube~tiar+a P't~n; etenor- ~I I,tit Np, ~ ~ deynass ~!{ rria~rt ~ Mlio~n$1Ai~~t ~ dlrlanot d 17T,1 D t+ArM is nn Iron ptn ~ FtMteoe bar erg ~ 34 s~ub~s ~ e~aw~tis WiN ~ of 1x7. flat 1a sn iron pin Ael In NtIR d hnd nt~r or 'kureM of i.. ,wnd tiivrifl 11~. 3urr~er; ~>A~ ~p maid Farads f+oW tlr I`amary of itQbetd L. er~t OFerie ~!. ~,Milr~pe- I'~h g9 da~reet ~ etimd~- DD MilisnM EitM ~ il~++os +Gf 1!1l.9A feet Ib~ en ~ds~iny teat. eleiF kt #~+e,etnler one ~ Cl~rtwsar aF Tawe~ship Rosh T-49ii, kr~rr~ is V'Veds Run Ro+l~, FIN- F~co ~[ !1lE31FN+fl#!C~ ccaNrwi+bNc~ t9,~r71.~7' equrq~l- t~,a~~-.~B squaro lbet nat of #ye dsdloepad rn~or-war far ~ow~ns:wp R~ '~-~, - et Wette Faun !'~, eN M t.at fia~ d ~t ett0~1-t +~-1 titw Pentn~glFine~l ~n PUn for Aolbrr~t L. F~ qnd ~Y E revaeared M Fht t)f~oe ~ dse Rsaatiler of Deed's Fn ~! tal' Cnrnb~rFaxi Doungr, i~riw+sylvp+ie,ln P'Iat~ 8oe1k +f~5 Pp.1 B. TAX PARCEL #29-15-1251-1 BEING KNOWN AS: 230 Wertz Run Road, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-4930 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, intere t and costs due CITIMORTGAGE INC., Plaintiff (s) From RICHARD L. FOR'~["NEY, JR. (1) .You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEES} as follows: and to notify the garnishee(s) ' at: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the a count of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing ther of; (3) If property of the defend nt(s) not levied upon an subject to attachment is found in the possession of anyone other than a named arnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as a ove sXated. Amount Due$182,125.40 ', L.L.$ .50 Interest FROM 9/11/2009 TC~ DATE OF SALE PER DIEM AT $27.81 Atty's Comm % !, Due Prothy $2.00 Atty Paid $152.40 Plaintiff Paid Date: SEPTEMBER 14, 2009! (Seal) Other Costs is R. Lo no By: Deputy REQUESTING PARTY: Name MICHAEL T. MCKE VER, ESQUIRE Address: GOLDBECK MCC FFERTY & MCKEEVER, SUITE 5000, MELLON INDEPENDENCE CENTER, 701 MARKET S'ijREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF ' Telephone: 215-627-1322 Supreme Court ID No. 56129 '~ ~. I. .. li On October 1, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as 230 Wertz Run Road, ~ Carlisle, more fully described on .Exhibit "A" 1 filed with this writ-and by this reference incorporated herein. 4 . f Date: October 1, 2009 By: ~,, ~~ r Real Estate Coordinator j ~~ ~ 9 ~ ~ __ .. ~ . P OOF OF PUBLICATION OF NOTICE CUMBERLAND LAW JOURNAL (Under ct No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF COUNTY OF Lisa Marie Coyne, ] State aforesaid, being duly s Journal, a legal periodical pt was established January 2, 1 periodical for the publicatioT issued weekly in the said Co exactly the same as was prin Journal on the following dat VANIA ss. squire, Editor of the Cumberland Law Journal, of the County and -orn, according to law, deposes and says that the Cumberland Law dished in the Borough of Carlisle in the County and State aforesaid, 52, and designated by the local courts as the official legal of all legal notices, and has, since January 2, 1952, been regularly .nty, and that the printed notice or publication attached hereto is ~d in the regular editions and issues of the said Cumberland Law January 22, Jan_ 29, and Februarv 5.2010 Affiant further depos s that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodi of general circulation, and that he is not interested in the subject matter of the aforesaid notic or advertisement, and that all allegations in the foregoing statements as to time, place d character of publication are true. I _..-- Mane Coyne, ' or SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 (iC - - ,I ~~ Notary ~___ NOTARIAL SEAL DEBORAH A COILiNS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 20T 0 Wldt la. IMIg~111M Ball Citimortsage Inc vs. Richard L. Fortney, Jr. Atty: Michael McKeever ALL THAT CERTAIN trod of land situate In North Middleton Township, Cumberland County Pennsylvania, bounded and in accordance with the Preliminary/Final Subdivision Plan for Robert L. Noll and Mary E. Noll recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 74 Page 16, as follows: BEGINNING at an existing PK. Nail in the centerlne of the Cartway of 80 feet wide Township Road T499, known as Wertz Run Road at the cor- ner of landanow orformerly of Robert L and Gloria M. Jumper; thence along the centerline of Cartway of Township Road T-499, Known as Wertz Run Road, South 59 degrees 25 minutes 00 seconds East a distance of 94.71 feet to a point in line of Lot No. 2 as shown on the aforementioned Subdivisions Plan thence along said Lot No. 2 South 29 degrees 25 min- utes 56 seconds Weat a distance of 177.10 feet to an iron pin set thence by same North 60 degrees 34 min- utes 04 seconds Weat a distance of 127.22 feet to an iron pin set in line of land now or formerly of Robert L. and Gloria M. Jumper; North 39 degrees 44 minutes 00 seconds East a distance of 181.94 feet to an exist- ing PK nail in the center line of the Cartway of Township Road T-499, known as Wertz Run Road, the Place of Beginning. CONTAINING 19,771.27 square fat, 17,037.35 square feet net of the dedicated right-of-w~y fos Township • Road T-499, known as Warts Run Road and being all of Lot No. 1 as shown on the Preliminary/P5na1 Sub- division Plan for Robert L Noll and Mary E. Noll, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, P 16. TAX PARCEL #29-15-1 251-108. BEING KNOWN AS: 230 Wertz Run Road, Carlisle. PA P013. PROPERTY ADDRESS: Z30 Wens Run Road, Carlisle, PA 17013. The,Patraot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries- 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, 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: 01/22/10 01/29/10 <-_ 02/05/10 ~~~~ Sworn t6 and'subscribed before m 'thi 4 dad! f February, 2010 A.D. i ~~ , -- ~ ~ .- /~ Notary Public `'~~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shame L Kisner, Notary PublH~ City OF Harrisburg; Dauphin Courrty My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of (Notaries Docket Ntarnber: 2009-430 Civil 'rt~rrn ~ittmtsrtga9e Inc ve. Richard L. Fortney, Jr. Atty: Michael McKeever ' ALL THAT CERTAIN tract of land situate In North Middleton Township, Cumberland County Pennsylvania, bounded and in accordance with the Preliminary/Final Subdivision Plan for Robert L Noll and Mary E Noll recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania; in Plan Book 74 Page 16, as follows: BEGINNING at an existing PR Nail in the centerlne of the Caraway of 80 feet wide Township Road T499, known as Wertz Run Road at the comer of lands now of formerly of Robert L and Gloria M. Jumper; thence alogg the centerline of Cartway of Township Road T-499, Known as Wertz Run Road, South 59 degrees 25 minutes 00 seconds East a distance of 94.71 feet to a point in line of Lot No. 2 as shown. on the afotementioned Subdivisions Plan tbence'along said Lot No. 2 South 29 degrees 25 minutes 56 seconds West a distance of 177.10 feet to an iron pin set thence by same Noah 60 degrees 34 ,minutes seconds Nest a distance of 127.22 feet to an' pin set in line of land now or fotnt~ly of Robert L. and Gloria M. Jumper; North 39 degrees 44 minutes 00 seconds East a distance of 181.94 feet to an existing PK nail in tlx cemer line of the Cartway of Tow~hip Road T-499, known as Wertz°Run Road, the Place of Beginning. CONTAHVING 19,771.27 square feet,17,037.35 square t~ net of the dedicated right=ot'•way for Township Road T-499, known as Wertz Run Road and btiing all bf Lot No. l as shown on the Pe~liminatylftinal Subdivision Plan for Robert L NoB and Mary E. Noll, recorded in the Office of the Recorder of Deeds in and for Cumberbutd Cotmty; 'Pennsylvania in Plan Book 74, P 16 TAX PARCEL #29-15-1251-108 BEING KIVONN AS: 230' Nertz Run Road, Carlisle. PA P013 PROFEkTI' ADDRESS: 230 Nertz Run Road, Cadisk,PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 14TH day of SEPT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4930, at the suit of CITIMORTGAGE INC against RICHARD L FORTNEY JR is duly recorded as Instrument Number 201020293. IN TESTIMONY WHEREOF, I have hexeunto set my hand an eal of said office this ,~~ -~ day of i ; ~) ,` t of Deeds dr, Qrbedmd ~rlx dni~.. M 6~Yet 11M Fiat Mondpi d Jn aD14 t,. ~~.,. z, ~, : a ,