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HomeMy WebLinkAbout09-7593G06BECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF CITIFINANCIAL SERVICES, INC I 1 I 1 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 Plaintiff VS. KENNETH W. FAHNESTOCK Mortgagor and Record Owner 32 Kerrs Avenue Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL ACUI?: MORTGAGE 1?7 Cbt iURE 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.t)hfa.orvlconsumers/homeowners/real.qWx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: htt p://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 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 88619FC. 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 Plaintiff is CITIFINANCIAL SERVICES, INC, 1111 Northpoint Drive, Building 4 Suite 100 Coppell, TX 75019. 2. The names and addresses of the Defendant is KENNETH W. FAHNESTOCK, 32 Kerrs Avenue, Carlisle, PA 17013, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On January 05, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to CITIFINANCIAL SERVICES, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1978, Page 4581. 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 15, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$83,997.70 Interest from 09/15/2008 through 09/30/2009 at 10.8500% ...................$10,190.84 Per Diem interest rate at $24.97 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,199.89 Late Charges from 10/15/2008 to 09/30/2009 .............................................$981.00 Monthly late charge amount at $81.75 Costs of suit and Title Search ...................................................................... $900.00 Title/Appraisal Fees .....................................................................................$225.00 $100,494.43 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 Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $100,494.43, together with interest at the rate of $24.97, 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: ,dM? A T- UaA110 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, &t UL , 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: a 1 fL \KA 2QA-??? 6vspo/ , U , P Li- #88619FC - KENNETH W. FAHNESTOCK 32 Kerrs Avenue Carlisle, PA 17013 E?ChifiitA ALL WHAT CERTAIN IMI: of le» dwhh the 1mMVWAsts dtaraon ereetK itmotain the Flat Word of OL Eorougn of [Mile, Cumnbu sdad County, Peamylvmdo, bmmded and duarlbed so followc BXGINNING at a point an the wattetn aids of Xm ,Avarua B dra dlvldirra Jno betty= pp?t? K5 Mm 30 and 32 ?8 Avatars; thams by Kam A South 26 degross 47 minutes Hastt ? tax P010 at Os dvidld Ibd hobveen Maas ? and 36 Nadu Amos; dorm by uldt last mmmodaimd dividing line, South 60 mees 46 rdautea West 4795 feat to it point-, tbosoo by a feock Saudi 64 dogma 16 mutates Woat 3.60 lost to a point co Quxo Alley thadiee by Quarry AR". Nwdt 87 dqpw Writ 9.58 feet to a point; dwax North 06 degrees 21.;Qzws watt #3 reef l0 A ito d by the diva ft ilae betiucrtn Ommises Nos. 30 and 32 Kmn Annak No ft 63 dogneei 09 mm 1nut= East 93A W to Ac Ph= o fIRGINNiNG. BEING improved with a Iwo-AM borkk boo known as 32 Karts Avaom E.r,hi6it 0 FAHNESTOCK, KENNETH W. KENNETH W. FAHNESTOCK 32 Kerrs Avenue Carlisle, PA 17013 File M 88619FC Sale date: County: Cumberland Property: 32 Kerrs Avenue Carlisle, PA 17013 ACT 91 NOTICE DATE OF NOTICE: 09/29/2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the 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 (HFMAP) Mn 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 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Aggncy. The name, address and phone number of Consumer Credit Counseling Agencies service 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) 780-1869.1 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de sums importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pars 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. Prepared by. GOLDBECK McCAFFERTY & WKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: 09/29/2009 Homeowners Name: KENNETH W. FAHNESTOCK Property Address: 32 Kerrs Avenue, Carlisle, PA 17013 Loan Account No.: 2000510276477 Original Lender: CitiIInancial Services, Inc. Current Lender/Servicer: CITIMORTGAGE INC. HOMEOWNERS' 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 (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) 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. 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 thepropertyis 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 filed or postmarked within thirty (30) days of your fact-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 proceedings 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 Med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to &W. 3 NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 32 Kerrs Avenue, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 10/15/2008 thru 09/29/2009 (12 mos. at $817.52/month) $9,810.24 (b) Late charges from 10/15/2008 thru 09129/2009 (0 mos. at $81.75/month) $0.00 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $9,810.24 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 $9,810.24, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES 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. PO 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. 11F 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 brings 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 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 SHERI 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 Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by Rerforming 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIMORTGAGE INC. Address: 1000 Technology Drive O'Fallon, MO 63368-2240 Phone Number: 800-723-7906 Fax Number: 636-261-7716 Contact Person: Adam Saab Email Address: ryan.ollier@citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE 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. Contact: Adam Saab Phone Number: 800-723-7906 HEMAP Consumer Credit Counseling Agencies Report last updated: 9/112009 8:42:35 AM CCCS of Northeastem PA 401 Laurel Street Pittston, PA 18640 570.602.2227 800.922.9537 CRAWFORD County Booker T. Washington Center 1720 Holland Street Erie, PA 16503 814.453.5744 CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 exl 108 688.511.2227 ext 108 Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County Adams County Interfaith Housing Autha ty 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of western PA 2000 Linglestovrn Road Harrisburg, PA 17102 888.511.2227 888.5112227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DAUPHIN County CCCS of Western PA 20001-kViestorm Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717232.9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Opportunity Inc. 301 East Market Street York, PA 17403 717.424.3645 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 215.765.1221 Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 526-528 Dekelb Street Norristo", PA 19401 610.971.2210 888.212.6741 Page 8 of 21 HEMAP Consumer Credit Counseling Agencies Report last updated: 911/2009 8:42:35 AM American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610.971.2210 888.212.6741 American Financial Counseling Services Inc. 175 Strafford Avenue Suite One Wayne, PA 19087 267.228.7903 800.4903039 American Financial Counseling Services Inc. 1080 N. Delaware Avenue Suite 200 Philadelphia, PA 19125 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 405 West Germantown Pike Norristown, PA 19403 267.228.7903 800.490.3039 Arnerlcan Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 610.874.1484 APM 2147 North Sixth Street Philadelphia, PA 19122 215.235.6788 Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 215.877.1157 CCCS of Delaware Valley 113 East Main Street 2nd Floor Norristown, PA 19401 215.563.5%5 CCCS of Delaware Valley 1001 East Lincoln Highway Sulte 102 Coatesville, PA 19320 215.563.5665 CCCS of Delaware Valley 1608 Walnut Street 1 Dth Floor Philadelphia, PA 19107 215.563.5665 CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 215.563.5665 CCCS of Delaware Valley 790 E. Market SL Suite 170, Marshall Budding West Chesterr PA 19382 215.563.5665 CCCS of Delaware Valley 4400 North Reese Street Philadelphia, PA 19140 215.563.5665 Chester Community Improvement Project 412 Avenue of the States PO Box 541 Chester, PA 19016 610.876.8663 Diversified Community Services Dixon House 1920 South 20th Street Philadelphia, PA 19145 215.336.3511 FOB CDC 1201 West Olney Avenue Philadelphia, PA 19141 215.549.8755 Germantown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 215.849.3104 HACE 167 W. Allegheny Avenue 2nd FI Philadelphia, PA 19140 215.426.8025 Housing Partnership of Chester County 41 West Lancaster Ave Downingtown, PA 19335 610.518.1522 Media Fellowship House 302 South Jackson Street Media, PA 19063 610.565.0434 Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 215.324.7500 Page 9 of 21 HEMAP Consumer Credit Counseling Agencies Report last updated: 9/1/2009 8:42:35 AM Opportunity Inc. Two Bala Plaza Suite 300 Philadelphia, PA 19004 610.660.6607 Phlia Council For Corrrmunhy Advmnt 1617 John F Kennedy Blvd Suite 1550 Philadelphia, PA 19103 215.567.7803 800.930.4663 Urban League of Philadelphia 121 S Broad St 9th Floor Philadelphia, PA 19107 215.985.3220 ELK County FAYETTE County Action Housing, Inc 425 6th Avenue Suite 950 Pittsburgh, PA 15219 412.281.2102 800.792.2801 CCCS of Western PA 1 North Gate Square #2 Garden Center Drive Greensburg, PA 15601 888.511.2227 888.511.2227 Community Action Southwest 58 East Greene Sheet Waynesburg, PA 15370 724.852.2893 Northam Tier Community Action Corp. P.O. Box 369 135 West 4th Street Emporium, PA 15834 814.486.1161 ERIE County Booker T. Washington Center 1720 Holland Street Erie, PA 16503 814.453.5744 CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.5112227 ext 108 888.5112227 ext 108 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 Voices for Independence 1107 Payne Avenue Erie, PA 16503 814.874.0064 800.838.9890 Fayette Co. Community Action Agency, Inc. 108 North Beeson Avenue Uniontown, PA 15401 724.437.6050 800.427.INFO Southwestern Pennsylvania Legal Services Inc. 45 East Main Street Suite 200 Uniontown, PA 15401 724.439.3591 Tableland Services Inc. 535 East Main Street Somerset. PA 15501 814.445.9628 800A52.0148 FOREST County Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave, West P.O. Box 547 Warren, PA 16365 814.726.2400 FRANKLIN County Adams County lrrterfalth Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 Page 10 of 21 Q?l FILE , ,ARY 2 ,,3,9 ? G'd - 3 3rd i i X14 9 x'78. so ??LR? CK? 5? 2v3 ?3a4?7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ALED-OFHOE OF THE MOT, P0NOTARY Edward L Schorpp Solicitor 1009 NOV 19 PM 12: 59 P`'ENd SYWANI A Citifinancial Services, Inc. vs. Kenneth W. Fahnestock Case Number 2009-7593 SHERIFF'S RETURN OF SERVICE 11/17/2009 07:06 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 17, 2009 at 1906 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth W. Fahnestock, by making known unto himself personally, at wife of defendant at 47 Peachy Ann Drive Newville, Cumberland County, Pennsylvania 170241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $44.20 November 18, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By De ITWSherif qi . ru ^?1V a )Ae ?renti I eioosolt. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Y ~~ err ~- Sheriff ' . ' rr-l _ , ,~ .... ', ~`'' >~ta of ~~a+t~b,r~/ Jody S Smith ~'~~ ~ ~'f~` u ~ ~ ~~4' ~ 2 , `JQ Chief Deputy ~ -`' ~~"~ ~`'' Richard W Stewart ~ Ciab'' ; J "~~ ~ ~ Solicitor ~r~ f~,~ ~ F„G ~„~~arF>: 7 ~^J. ~ . ~ ~,!~~ i; Citifinancial Services, Inc. vs. Case Number Kenneth W Fahnestock 2009-7593 SHERIFF'S RETURN OF SERVICE 04/05/2010 09:10 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2106 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth W. Fahnestock, by making known unto, Mary Butler, adult in charge, at 47 Peach Ann Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/08/2010 07:01 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 1900 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth W. Fahnestock, located at, 32 Kerrs Ave, Carlisle, Cumberland County, Pennsylvania according to law. 06/03/2010 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 June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of CITIFINANCIAL, Inc., 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 861.86 SHERIFF COST: $861.86 June 30, 2010 SO ANSWERS, Y .-. RON R ANDERSON, SHERIFF ~g.oo P~~ Cam- a.o~ r~ ~ ~ ,S~ ~~d` ~,~ 7~ai~ ,~-~- a~s3~" (cj CountySuite Sheriff, Teleosoff. Inc, Gc`~beck 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 ~ TNT ~4~C DTARIr zoro ~~N -~ ~n ~: ae ~~~~'~F? CITIFINANCIAL SERVICES, INC 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 vs. KENNETH W FAHNESTOCK (Mortgagor(s) and Record Owner(s)) 32 Kerrs Avenue Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-7593 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES, INC, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 32 Kerrs Avenue Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): KENNETH W FAHNESTOCK 47 Peachy Ann Drive Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: KENNETH W FAHNESTOCK 47 Peachy Ann Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 32 Kerrs Avenue Carlisle, PA 17013 (attach sepazate 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 unswom falsification to authorities. DATED: January 4, 2010 nn ~ /'; , GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 09-7593 CITIFINANCIAL SERVICES, INC 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 vs. KENNETH W FAHNESTOCK Mortgagor(s) and Record Owner(s) 32 Kerrs Avenue Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-7593 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff TO: FAHNESTOCK, KENNETH W. KENNETH W FAHNESTOCK 47 Peachy Ann Drive Newville, PA 17241 Your house at 32 Kerrs Avenue, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 02, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $103,218.55 obtained by CITIFINANCIAL SERVICES, INC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES, INC, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 09-7593 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for yow house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www hiladelnhiafed 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 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 r 09-7593 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.~ov 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.asnx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will 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 88619FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN PAREEL OF LAND IN FIRST WARD BOROUGH OF CARLISLE, CUMBERLAND COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN BOOK 109 PAGE 193 ID#02-20-1800-290, BEING KNOWN AND DESIGNATED AS A METES AND BOUNDS PROPERTY. ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the First Ward of the $orough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western side of Kerrs Avenue at the dividing line between premises Nos. 30 and 32 Kerrs Avenue; thence by Kerrs Avenue, South 26 degrees 47 minutes East 14.5 feet to a point at the dividing line between premises Nos. 32 and 36 Kerrs Avenue; thence by said last mentioned dividing line, South 60 degrees 46 minutes West 47.38 feel to a point; thence by a fence, South 64 degrees 16 minutes West 43,60 feet to a point on Quarry Alley; thence by Quarry Alley, North 87 degrees West 9.58 feet to a point; thence North 06 degrees 21 minutes West 13 feet 10 a point; thence by the dividing line between premises Nos. 30 and 32 Kerrs Avenue, North 63 degrees 09 minutes East 95.4 feet to the Place of BEGINNING. BEING THE SAME PROPERTY CONVEYED BY FEE SIMPLE DEED FROM L.B. PHILLIPS, JR. AND ROBERT M. FREY, TRUSTEES OF EDLU CORPORATION PROFIT SHARING PLAN TO KENNETH W. FAHNESTOCK, DATED 07/27/1994 RECORDED ON 7/27/1994 IN BOOK 109, PAGE 193 IN CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PA. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 32 Kerrs Avenue Carlisle, PA 17013 SOLD as the property of KENNETH W FAHNESTOCK TAX PARCEL #02-20-1800-290 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7593 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., Plaintiff (s) From KENNETH W. FAHNESTOCK (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 $103,218.55 L.L. $.50 Interest from 1/5/10 to Date of Sale per diem at $24.97 -- To be Determined Atty's Comm Atty Paid $163.20 Plaintiff Paid Date: 1 /05/10 (Seal) REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER Due Prothy $2.00 Other Costs David D. Buell, Prot onotary By: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered, 32 Kerrs Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B: Real Estate Coordinator ~ ~ 10 ~ I d 8 Z Nd(' OIOZ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz• April 16, Apri123, and Apri130, 2010 Avant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~- isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 0 da, oy f April, 2010 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubNC RUBLE BOROUGH, CUMBERLAND COtNI'iY M!- ConMniasion Eapiraa Apr 28, 2014 Nslt 1Ao. 900-Til9 CMl Citifinancial Services, lnc. vs. Kenneth W. Fahnestock Atty: Michael McKeever ALL THAT CERTAIN parcel of land in First Ward, Borough Of Carlisle, Cumberland County, Commonwealth of PA, as more fully described in Book 109 Page 193 ID#02-20-1800-290, being known and designated as a metes and bounds property. ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western side of Kerrs Avenue at the dividing line between premises Nos, 30 and 32 Kerrs Avenue; thence by Kerrs Avenue, South 26 degrees 47 minutes East 14.5 feet to a point at the dividing line between premises Nos. 32 and 36 Kerrs Avenue; thence by said last mentioned dividing line, South 60 degrees 46 minutes West 47.38 feel to a point; thence by a fence, South 64 degrees 16 minutes West 43,60 feet to a point on Quarry Alley; thence by Quarry Alley, North 87 degrees West 9.58 feet to a point; thence North 06 degrees 21 minutes West 13 feet 10 a point; thence by the dividing line between premises Noa. 30 and 32 Kerrs Avenue, North 63 degrees 09 minutes East 95.4 feet to the Place of BEGINNING. BEING the same property con- veyed by fee simple deed from L.B. Phillips, Jr. and Robert M. Frey, trustees of Edlu Corporation Profit Sharing Plan to Kenneth W. Fahne- stock, dated 07/27/1994 recorded on 7/27/1994 in Book L09, Page 193 in Cumberland County Records, Com- monwealth of PA. 1,,. 1~'~ .ir4 il~Yi2~i .w ..o ,.. ,.,r m..~ YTrlt){3_' i)ih{\ it3t'~4epi:i };S;}.)t,tfif%$'i1G{J~t11t! b't~~ ~S :~,ta agrigx~ rti;ticLil!~Ct';•~l ~~M 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 CITIFINANCIAL INC is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 5TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7593, at the suit of CITIFINANCIAL SER INC against KENNETH W FAHNESTOCK is duly recorded as Instrument Number 201018317. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of v~,-, A.D. ~ f v ~ U~ of Deeds ReoaderdDeede, Q~dl~t~ly~ ttir~de„ M I~Ir Conrr~lort E~iret 1h~ Fnt Maidq d Je. 20t4 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e ~llaatriot 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: 04/16/10 04/23/10 04/30/10 Sworn to an bscribed before me this;'18~c~'May, 2010 A.D. Lti-~. ~ Notary Public COMMONVVEALTIi OF PENNSYLVANIA NomAal Seal Sherrie L Klsnar, Notary Publk Lower Paxton TYvp., Dauphin County My Commission ros Nov. 26, 2013 Member, Pennsylvania Assoctatlon of Notaries .. ~Ir41tMP, ~ ~Ml4rnn ~~~ ' tFs. Ai.L T$A1` CEfCI'Aitd PARCRL OF, LAI>lp IN, Ft1tST WARE? BOROI}tdH dF CARLISLE, C{1M$LAd:AiVD ~ CC?LINTY,; CQ1dMONW8A7-'1'H OF PAS A'$'b10~ pUtT:1' DPI II'I IlOC1~ 109 YA s4"H l~'3 ' ~i(02 2QI$(Ia-290, 9~G ~3(iVfl~ AND 1)E6~VlL~ A5 A M~TPS ANA Bt1~NDS PRt'Tft' ALC~'T'HAT CERTAIN,tt~t of laud wilt thF i»~novemedts the~eoa e[a~ad, siEuePe i~ fire 1'~sf Ward of the Borough of Carltale. Clugberla~d` County; Pmnsy]vaAia, bounded and deset~i asfa0sKVSt BEtr~llVlltiG at a pontt on the westetq side' of Keats Avenue at the dividing line bekweeA P Nos. 39 and 32 iYr~teAvdnue; thenecb}~ K~tii Avenue, Sddth 26 ttegrera 47it>fi „ 14.5?feet to a Qoint aC.~ ~'~A8 ~ '4ep predoiees'Nos. ~2 and 3fi Kars Aweaae; thence by`saia.last > dividing -~, SoaEli 64' degt~e.9 46 minutes R6est 47.38 feel to a pgie~; theme by a tedx, South 64 degoes 16 .West43,60feet to a QdinYov ~' ~~ ~ by Qom' ~7. Nadt ~ Wear 9S8 fed ra n point; theaoe NosUt 06'degrees 21 minutes West 13 felt 19a pb~;.by the dividing line bdwee~a p[~tec,Nos- 3i~ ead`32 ICe+ts Avenue, Place of Qg ~U~s~Eaet95.4 feet to dte BEB1G THfi SAS PROP~CfY Ct9NVE7fED JiZ.ANU$C16 ~,~~.0~ SpLU CO~PO~I 4Rt)f'PT SRAIEW~ 'PLAN TO ~.'VV. ;1:A'Bl`lES1'QCK~ AT B00% Iti9, i'AG~ 393~~LAN~„ " ~pf1~:1lfIY 1llIC.I~,, t1Plb-.