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HomeMy WebLinkAbout09-8226?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 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. ANTHONY RICHARD STILES Mortgagor and Record Owner 34 Louis Lane Enola, PA 17025 Defendant CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 6 9_ g?_?-_ 6 C ..y q CIVIL AC?N: MORTGAGE ?4iCl Il?1F NOTICE You have been sued in court.. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES .DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 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/consumersihomeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://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 homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 90587FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE, INC., 1000 Technology Drive, O'Fallon, MO 63304. 2. The names and addresses of the Defendant is ANTHONY RICHARD STILES, 34 Louis Lane, Enola, PA 17025, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On July 22, 2008 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN STERLING BANK A MISSOURI CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Instrument # 200827892. A subordination agreement was recorded on August 15, 2008 in Instrument #200827893. 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 July 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .............................................................................. Interest from 06/01/2009 through 11/16/2009 at 5.8750%.... Per Diem interest rate at $18.16 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 07/01/2009 to 11/16/2009 $112,841.47 .................. $3,034.69 ................................... Monthly late charge amount at $26.98 Costs of suit and Title Search ............................................................ ......$5,642.07 .........$134.90 ...... $900.00 ........$52.81 ........$37.00 ...$1,106.56 Delinquent Expense Total ...................................................................... Servicing Fees ........................................................................................ Escrow Advance Balance ...................................................................... Monthly Escrow amount $152.26 $123,749.50 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 person am" 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 $123,749.50, together with interest at the rate of $18.16, 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 Sheriffs Sale of the Property. By: GOLD ECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Aaron Menne, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to ai Date: November 10, 2009 #90587FC - ANTHONY RICHARD STILES 34 Louis Lane Enola, PA 17025 Prepared By: GINA WEINAND Return to: GOLDBECK McCAFTERTY & 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 C*Aortgage 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 ANTHONY E. STILES, Mortgagor(s); to Mortgage Electronic Registration Systems, Inc., as nominee for AMERICAN STERLING BANK, A MISSOURI CORPORATION. Bearing date of: JULY 22, 2008; Amount Secured: $114,030.00; Recorded on 08115/08; in 200827892; in the Recorder of Deeds Office of CUMBERLANDCounty, Commonwealth of Pennsylvania ("Mortgage") Property: 34 LOUIS LANE ENOLA, PA 17025 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 November 11, 2009. A Mottga E tronic Registration Systems, Inc., A Dela Corporation Ti e: Vice President N : Kim o iak Title: Vice President ss: STATE OF MISSOURI COUNTY OF St. Charles} BE IT REMEMBERED, that on this November 11, 2009, before me, the subscriber, a Notary Public personally appeared Aaron Menne 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 afo d, and th the within instrument is the voluntary act and deed of such corporation made by virtue Resolu n of i"oard oMirectors. y comnUssion exp I hereby certify the address of the Assignee is: 1000 Technology Drive, aFallon, MO 63368-2240 Loan No.: 2005631385 OENW J. LI JECKE " --I NA" PUZO - P ,tary State m Mis ,curl It* SL Charles Cau&y Om"isAm E*es '1 Case #: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF PA, COUNTY OF CUMBERLAND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, IN THE CONTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CORNER FORMED BY THE INTERSECTION OF THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE (LEGISLATIVE ROUTE 21052), WITH THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH (60 FEET WIDE); THENCE ALONG THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE, NORTH 46 DEGREES 00 MINUTES WEST, 75 FEET TO A POINT; THENCE NORTH 44 DEGREES 00 MINUTES EAST, 110 FEET TO A POINT; THENCE SOUTH 31 DEGREES 45 MINUTES EAST, 101.68 FEET TO A POINT ON THE NORTHW IERLY SIDE OF LOUIS LANE SOUTH; THENCE ALONG THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH ON A CURVE TO THE LEFT HAVING A RADIUS OF 165 FEET, AN ARC LENGTH OF 89.26 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEIIEON ERECTED A ONE-STORY FRAME HOUSE WITH A UTIL Y BUILDING AND GARAGE KNOWN AND NUMBERED AS 34 LOUIS LANE, ENOLA, PENNSYLVANIA. BEING LOT NO 34 ON PLAN OF LOTS OF LOUIS PARK, SAID PLAN BEING RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 5 PAGE 50. SOURCE OF TITLE: BOOK 264, PAGE 1693 (RECORDED 07/26/04). EythibitA ExWbit The land referred to herein is situated in the State of PA, County of Cumberland described as fouows: ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CORNER FORMED BY THE INTERSECTION OF THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE (LEGISLATIVE ROUTE 21052), WITH THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH (60 FEET WIDE); THENCE ALONG THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE, NORTH 46 DEGREES 00 MINUTES WEST, 75 FEET TO A POINT; THENCE NORTH 44 DEGREES 00 MINUTES EAST, 110 FEET TO A POINT; THENCE SOUTH 31 DEGREES 45 MINUTES EAST, 101.68 FEET TO A POINT ON THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH; THENCE ALONG THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH ON A CURVE TO THE LEFT HAVING A RADIUS OF 165 FEET, AN ARC LENGTH OF 89.26 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE-STORY FRAME HOUSE WITH A UTILITY BUILDING AND GARAGE KNOWN AND NUMBERED AS 34 LOUIS LANE, ENOLA, PENNSYLVANIA. BEING LOT NO. 34 ON PLAN OF LOTS OF LOUIS PARS, SAID PLAN BEING RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 5, PAGE 50. SOURCE OF TITLE: BOOK 264, PAGE 1693 (RECORDED 07/26/2004) APN: 09-13-1002-006 1111 U46368065-01RD17 MORTGAGE US Recordings E.Xhibit B REPRESENTATION OF PRINTED DOCUMENT 2005631385 CitiMortgage cAo".4% i e 7107 8381 6540 1130 4207 www.citimortgage.com 09/30/09 17577 000516 ANTHONY R STILES 34 LOUIS LN ENOLA PA 17025-2138 RE: CitiMortgage Loan #: 2005631385 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE U- 0 N 9 This is an official notice that the mortgage on your home is in 0 default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. 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 INMEDIATAMENTE 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. ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service marks of Citigroup Inc. `Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 2005631385 ati www.citimortgage.com Page Two 09/30/09 2005631385 HOMEOWNER'S NAME(S): Anthony R Stiles PROPERTY ADDRESS: 34 Louis Lane Enola,PA 17025 LOAN ACCT. NO.: 2005631385 ORIGINAL LENDER: American Sterling 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. U_ m 0 N 9 m 0 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service 0 marks of Citigroup Inc. `Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2005631385 CitiMortgage citi www.citimortgage.com Page Three 09/30/09 2005631385 CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies u. have applications for the program and they will assist you in N submitting a complete application to the Pennsylvania Housing Finance 9 Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service P,1. marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 2005631385 ti www.citimortgage.com Page Four 09/30/09 2005631385 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: 34 Louis Lane_ Enola, PA 17025 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 07/01/09 thru 09/01/09 3 @ $826.79/month 3 @ $26.98/late charge/month $2,561.31 Previous late charge(s) $0.00 Delinquency Expenses(s) $37.81 TOTAL AMOUNT PAST DUE: $2,599.12 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,599.12, 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: rn N 9 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 s ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2005631385 CitiMortgage Page Five 09/30/09 2005631385 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 m connected with the Sheriff's Sale as specified in writing by the N Curing your default in the manner set forth in this notice will 9 restore your mortgage to the same position as if you had never o defaulted. M 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: Address: Phone Number: Fax Number: Contact Person: Email Address: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 1-800-723-7906 1-636-261-7716 Adam Saab ryan.ollier@citi.com ti www.citimortgage.com 1=I ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2005631385 CitiMortgage c400.W% l l www.citimortgage.com Page Six 09/30/09 2005631385 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 LL rn 0 TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. N co * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 0 * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT 10 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. Enclosure: Consumer Credit Counseling Agencies, including those for your county. 090930D0003139 ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service mow- marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT 05- TW7 CE OTAPY 3' 7 fir- 5-0 dL d'-( P c?-0 S-67s0(6 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ZQ ! Q J y!~ Z Z G 'i 3 ; ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER '°' ''`'~' G~"+~ ~~;`d i 3 701 MARKET STREET ~~I , z~-, ~ ~ ~, iA PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. ANTHONY RICHARD STILES 34 Louis Lane Enola, PA 17025 Defendant(s) Term No. 09-8226 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. CNII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE GOLDBECK, McCAFFERTY & McKEEVER ~~~ i ~~ By Michael T. McKeever, Esq. Attorney for Plaintiff O ;~'/a. od ~~ ~ ~ K ~ S'i ~ SY8 a3LLg~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ , _. Ronny R Anderson ~'~ ~ r - ,r~~t ,;... Sheriff '~- T r , ~4~~~~is rt ~~uut~rr~i~r Jody S Smith ~ - - ~- Chief Deputy _ ~ ~ 't~. ~ „s y r' ~ r,, , .~ ~ .- .i Edward L Schorpp ~.~ ;, . Solicitor c~r~ , r ` -`.` :"=k:'~ ; ~., ._ ._ Citimortgage Inc Case Number vs. 2009-8226 Anthony Richard Stiles SHERIFF'S RETURN OF SERVICE 01/25/2010 09:35 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 2135 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anthony Richard Stiles, pursuant to order of court by posting the premises located at 34 Louis Lane, Enola, Cumberland County, Pennsylvania 17025 with a true and correct copy according to law. SHERIFF COST: $47.50 January 26, 2010 SO ROI~(N~1R ANI:~RS~N, SHERIFF B'Y L f ~c) GountyS~it~~ ,S"herrft TeleosoYt (r;;. 1'fll TIDUt Ll AA,.!`ADL'DD rV P. AAnilr`C%TUD BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 vs. Plaintiff ANTHONY RICHARD STILES Mortgagor(s) and Record Owner(s) 34 Lou's Lane Enola, PA 17025 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 09-8226 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by Sheriffs Office/eompetei* a (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Q? Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectf lly submitted, ?? e g., k d BY: Keith C. Halili Legal Secretary C J,d,;.ic, c,`4LV A41P' 90587FC CF: 11/30/2009 SD: 09/08/2010 $126,698.17 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE a I N N Vi rL U ar U a N a U Q O v' U C? T. a, m ? m ? N O N Q a) o t` d Of 0? a? ?r v ? m O > U ? ;1 O U 0 U o U 1- _ ro ?- _j J J a m E co z" .2 Q cfi Q u7 E _ Y? w m ii W 'f W o Lo x C) 0 m co ?n pm CD o f_ .gym ?„ om O _1 Ora- J -1 u- Q ?. o o a 2 3-.v i x - Z x W ? m u.l o W O Oo m (n 2 ct) m 71 n m- 0,n 00 c 00 m a SNcn:>_ C_ W Sd[m m ,- L m ? c C N O - 5 - O O F Q m o n U U CY u Q J a ED C N w a, M F "T v a a rn ai E v D U 0 o > J O EC m C, Q D C 1t? U Q-, Z O ? N LL o _ o `n E Z Lr) F Q O n m O a _ ZUJ _ o m O N O m T ..? t? T V ?i f G I? CY 1 . ?' mQ c v ow Q -J? 0 a n f0a ? c x , T vvow 4 d uj-= F c; U?- x N Q o c 23 ro a- U W p cc J, O to z c v C` CS_ W m n N N i r c 000 m Q z) a> m U cncnLU CD UaU r_ Cc zS a`> W Q L? W Q N w Q aYowa. CN QUoYJr5 UWo[)? WN mmU) QOc- °pW?QcD (N c7 Z o CD mp fl- cn F? Q U N U C ? n ? f G? - Q W c - M W 4 C t kT C. C c fEr~ r, f"- tL C .j y J??!L,?{ 3 w ? lf: C7 f? y L d O I m E p i ? i Q T I U 1O a cci E a: v a: Z a? v a O a O C m 3 O Q F m 0 0 L) O 0 N 6: 0 N N ca U) i U a D I rv >, o 7, o C a- ° m c U E m z a. 0 71 F [!' O CJ (1 rz, co co co U 00 f ' ? ctJ ro J G7 C 0 111 _J 'r 0 Q Z O I- Z Q CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 vs. ANTHONY RICHARD STILES 34 Louis Lane Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 09-8226 ORDER AND NOW, this h4` day of-6? 010, upon consideration of the Plaintiffs 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, ANTHONY RICHARD STILES, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, ANTHONY RICHARD STILES, by posting a copy of the Complaint upon the premises 34 Louis Lane, Enola, PA, 17025, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 34 Louis Lane, Enola, PA, 17025, 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, ANTHONY RICHARD STILES, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: Distribution list, Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 ANTHONY RICHARD STILES, 34 Louis Lane Enola, PA 17025 Form 3877 Domestic USPS Firm Mailing Book - ----- -------------------------------------------------------------------_-- -dress of Sender: Permit Number Sequence Number fame and A- /JOSEPH A G,_LDBECK JR 3550A MELLON IND PENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v7.90.7.90.M PHILADELPHIA, PA 19106 ---------------- - ------------------------------------------------------------------------------- --- -------------------------- Piece ID Art_ le # Delivery Address SS Fee Postage Valae Sender Charges Addressee Name Type Insur./Register Due Total ------------------ ------ - --------- ------ ----------- ------- 0587A59-08 711'4342363000867086 STILES, ANTHONY RICHARD C 2.80 0.44 4.34 34 Louis Laae ERR 1.tU Eaola, PA 17025 90842CF7-13 71114342363'U 867093 FRANCIS, OLIVER A. C 2.-80 0.44 4.34 ;846 Cedar Avenue ERR 1.1C Philadelphia, PA 19143 9,3373TP7-13 71?14342363000867109 PHILIPPI, TAMMY C 2.80 0,44 4.34 -7132 TORRESDALE AVE ERR i.1C Philadelphia, PA 19135 62993BM7-15 71114342363000867116 MCCORKEL, BOBBI PTO C 2.80 0.44 4.34 211 Clinton Avenue ERR 1.10 Middletown, PA 1'1057 90373KP7-"3" 027;114342363000867123 PHILIPPI, KEITH C 2.50 0.44 4.34 7132 TORRESDALE AVE ERR 1."..0 Philadelphia, PA 19135 81334CB6-18 7;1'4342363",)0867130 BARNES, CHRISTY C 2.80 0.44 4.34 621 East Grandview Boulevard ERR i-13 71N P 16504 i N ,r ? T Er e, A fr 4 (? 81334GB6-18 71114342363000867147 BARNES JR., GEORGE °. C 2.80 0.44 O 4.34 2234 Woodlawn Avenue ERR 1.',0 t IN z,t Erie, PA 16510 © b J Oc ?!'H!q PA i? 8077-2RB7-13 711.1434236300-?867154 90ZZA, RICHARD S. C 2.80 0.44 4.34 IC25 North Randolph Street ERR 1.10 (Philadelphia, PA 13'23 ------------ Page Totals: --------------- --------- 8 - - --------------- ------------ ------- --------- 31-20 -------------- 3.52 ----------- ----------------- ------ 34-72 Cu ulative T otals: 56 218.40 24.64 243.04 Page 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage Inc vs. Anthony Richard Stiles ?f uittbr ?l? 4E?g0x,,, CYFF3C« GF Tic 5'#FRI? Case Number 2009-8226 SHERIFF'S RETURN OF SERVICE 06/2812010 07:58 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 1958 hours, he posted a true copy of the within Real Estate Wri±, Notice, Poster and Description, in the above entitled action, upon the property of Anthony Richard Stiles, located at, 34 Louis Lane, Enola, Cumberland County, Pennsylvania according to law. 06128/2010 07:58 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 1958 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, by posting property pursuant to COURT ORDER upon the within named defendant, to wit: Anthony Richard Stiles, at, 34 Louis Lane, Enola, Cumberland County, Pennsylvania. SHERIFF COST: $898.92 July 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF . (c) Gam;;S:ite shee' Tc >GSOA inc GOLDBECK WCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff IN THE COURT OF COMMON PLEAS vs. ANTHONY RICHARD STILES Mortgagor(s) and Record Owner(s) 34 Lou's Lane Enola, PA 17025 Defendant(s ) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8226 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE, INC., Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the 'following information concerning the real property located at: 34 Louis Lane Enola, PA 17025 I.Name and address of Owner(s) or Reputed Owner(s): ANTHONY RICHARD STILES 34 Louis Lane Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: ANTHONY RICHARD STILES 34 Louis Lane Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 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: HOUSEHOLD REALTY CORPORATION 25 Gateway Drive Gateway Square Suite 107 Mechanicsburg, PA 17055 HOUSEHOLD REALTY CORP. P.O. Box 8604 Elmhurst, IL 60126 HOUSEHOLD REALTY CORP. P.O. BOX 9068 Brandon, FL 33509 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 34 Louis Lane Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation 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: August 25.2010 GOLDBECK McCAFFERTY & McKEEVER BY: Keith C. Halili Legal Secretary SHERIFF'S OFFICE OF COMB Ronny R Anderson ' Sheriff ~„tir at ~~,nr,b,,r~~~~ Jody S Smith O ~ ,., Chief Deputy ~ ,~ , ~~ f ' ",, ;u>, Richard WStewart =~' '` Solicitor ~~Ec~ ~'F r"~ ~"~~'~~ ERLAND COUNTY FiLED-OFFiCE ~~ Ti-iE PRA 1~i-t~Ji~'~T~Y ~0~0 OCT 14 ~~1 lc~~ 1 ~ ~':1MBERL~;i~i7 ~~~~ T ~ PEg~"~SY~.°~~~l~~ Citimortgage Inc Case Number vs. 2009-8226 Anthony Richard Stiles SHERIFF'S RETURN OF SERVICE 06/28/2010 07:58 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 1958 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, by posting property pursuant to COURT ORDER upon the within named defendant, to wit: Anthony Richard Stiles, at, 34 Louis Lane, Enola, Cumberland County, Pennsylvania. 06/28/2010 07:58 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 1958 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 Anthony Richard Stiles, located at, 34 Louis Lane, Enola, Cumberland County, Pennsylvania according to law. 09/09/2010 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 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever on behalf of Secretary of Veterans Affairs, 2375 N. Glenville Dr, Bldg B, Mail Code TX2-983-0101, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 854.70 SHERIFF COST: $854.70 October 11, 2010 SO ANSWERS, 1~ RON R ANDERSON, SHERIFF ~ ~o ,mac ~- ~ ~- ~~ ~~' 7 ~Ga~ ~ a~9~~G (ci CountySuite Shenff. Teleosoft hoc. A vs. Goldbec)4 P.1cCa'1`ferty &,McKeever BY: Michael T. iVteKeever Attorney LD. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA l 9106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 ANTHONY RICHARD STILES (Mortgagor(s) and Record Owner(s)) 34 Louis Lane Enola, PA 17025 Plaintiff Defendant(s) TN THE COURT OF COMMON PLEAS of Cumberland County CIVIL. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-8226 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE, INC., Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 34 Louis Lane Enola, PA 17025 l .Name and address of Owner(s) or Reputed Owner(sj: ANTHONY RICHARD STILES 34 Louis Lane Enola, PA 17025 2. Name and address of Defendant(s) in the judgment ANTHONY RICHARD STILLS 34 Louis Lane Enola. PA 1702.5 3. Name and lass known address o}every judgment creditor ~~~~hi~se judgment is o record lien ~~n the pr~~peri~~ to be sold: DOMESTIC RELATIONS OIL CU~iBI~RLANI) COIJNf~' PO Box 320 Carlisle. PA 17013 PA DEPAR~TMkNT OF PUBLIC ~V"ELFARI- - Bureau of Child Support Lnturrement Health and Welfare Bldg. -Room 4 ~~ Harrisbur~~. PA i 7 i OS-'<h7 4. Name and address of the last recorded holder of r~~er~~ nr~n~aee of ree~~rd HOUSEHOLD REALTY CORPORATION ~9 Gateway Drive Gateway Square Suite 107 Mechanicsburg, PA 17055 HOUSEHOLD REALTY CORP. P.O. Box 8604 Elmhurst, IL 60126 HOUSEHOLD REALTY CORP. P.O. BOX 9068 Brandon, FL 33509 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest 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 maybe 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 34 Louis Lane Enola. PA 17025 (attach separate sheet if more space is needed) verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswon~ falsification ro authorities. DATED: March l 7, 2010 GOI_DBE''K McCAFFERTY & McKEEVER 13Y: TINAMARIE BOSCHETTI A 09-8226 G(~LDBECK 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 O'Fallon, MO 63304 Plaintiff VS. ANTHONY RICHARD STILES Mortgagor(s) and Record Owner(s) 34 Louis Lane Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8226 Defendant(s) THIS LAW FIRI\1 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: STILES, ANTHONY RICEIARD ANTHONY RICHARD STILES 34 Louis Lane Fnola. P.A 17025 Your house at 34 Lewis Larn_ Enola. PA I''025 is scheduled to be sold at Sheriffs Sale on Wednesday. September O8. 2010_ at 10:00 :~M. in Conunissioners Hearing TZm 2nd FL Courthouse to enforce the court jud:rment of S 126.698.1 7 obtained by Cf17MORTGAGE_ INC. against you. NO'T1CE OF O~~'NEK'S RIGHTS YOU i~1Al' BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale yuu must take i~,nmediate action: 1. ~T7~e sale ~+i11 be cancelled if you pay to CfI~IMORTGAGF_ INC. the back payments, late charges_ costs and reasonable attorney's tees due. l~o trod ow ho~~- murh you must pay call our oitice ai 21 ~-825-6 X29 or 1-866--I 13-2 ~ 1 1. 2. ti"ou slriv he able to stop the sale by iilin~~ a petition askin~~ the Court to sn-ike or open jud~~n~ent_ if the jud<<ment was impmperl~.~ entered. l'ou may ah~, ask the Corm to postpone the sale tier good cause. 1'~ni nri}` als~~~ be able to ,top the sale thmu~~h other le gal pruceedin~~s. 09-8226 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. I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 7 ] 7-240-6390. 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 tiled. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http:!`www.philadelphiafed.ors/foreclosurei YOU 5FIOUI.D TAKE THIS PAPER TO YOUR LAWYL-R AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP}-LONE THE OFFICE LIS"fLD BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 717-243-9400 09-8226 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3}. Visit HUD'S website www.hud.~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.or~/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 /Nome Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(c~oldbecklaw.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 90587FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ~~ ALI. THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CORNER FORMED BY THE INTERSECTION OF THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE (LEGISLATIVE ROUTE 21052), WITH THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH (60 FEET WIDE); THENCE ALONG THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE, NORTH 46 DEGREES 00 MINUTES WEST, 75 FEET TO A POINT; THENCE NORTH 44 DEGREES 00 MINUTES EAST, 110 FEET TO A POINT; THENCE SOUTH 31 DEGREES 45 MINUTES EAST, 101.68 FEET TO A POINT ON THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH; THENCE ALONG THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH ON A CURVE TO THE LEFT HAVING A RADIUS OF 165 FEET, AN ARC LENGTH OF 89.26 FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PREMISES BY DEED FROM NATIONAL RESIDENTIAL NOMINEE SERVICES, INC., A DELAWARE CORPORATION DATED 07{13/2004 AND RECORDED 07/26/2004 IN BOOK 264 PAGE 1693. GRANTED AND CONVEYED UNTO ANTHONY R. STILES. TAX PARCEL NO: 09-13-1002-006 BEING KNOWN AS 34 LOUIS LANE, ENOLA PA 17025 WRIT OF EXECUTION and/or ATTACHMENT ' ~ . COMMONWEALTH OF PENNSYLVANIA) NO 09-8226 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From ANTHONY RICHARD STILES (I) 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 $126.698.17 L.L.$.50 Interest FROM 3/18/10 TO DATE OF SALE PER DIEM AT $18.16 Atty's Comm Atty Paid $231.50 Plaintiff Paid Date: 3/22/10 Due Prothy $2.00 Other Costs TO BE ADDED David D. Buell, Prothonotary (S~ A 1ZEQt3ESTING PARTY: By: Deputy Nanie: GARY MCCAFFERTY, ESQUIRE Address: GOLDBEGK, MCCAFFERTY & MCKEEVER SUITI 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 42386 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 34 Louis Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: -~„ -. 0~--~9~~ R state Coordinator L~ ~Z d ~Z ~~1~ Oil 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 regulazly 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• July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ,-- isa Marie yne, Editor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Koury Public CARLISLE 80ROUGH, CUMBERLAND COUNTY My Commission Expina Apr 28, 2014 w:ic xo. ~-szxs cin Citimortgage Inc. vs. Anthony Richard Stiles Atty,: Michael McKeever ALL THAT CERTAIN tract or par- , cel of land and premises, situate, " lying and being in the Township of A East Pennaboro, in the Caunty of Cumberland and Commonwealth '° of Pennsylvania, more particularly described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of North Enola Drive (Legislative Route 21052},with the northwesterly side of Louis Lane South (60 feet wide}; thence along the northeasterly side of North Enola Drive, North 46 degrees 00 minutes West, 75 feet to a point; thence North 44 degrees 00 minutes East, 110 feet to a point; thence South 31 degrees 45 minutes East, 101.65 feet to a point on the northwesterly side of Louis Lane South; thence along the northwesterly side of Louis Lane South on a curve to the left having a radius of 165 feet, an arc length of 89.26 feet to a point, the place of BEGINNING. BEING the same premises by deed from National Residential Nominee Services, Inc., a Delaware Corpora- tion dated 07/ 13/ 2004 and recorded 07/26/2004 in Book 264 Page 1693. Granted and conveyed unto Anthony R. Stiles. TAX PARCEL NO: 09-13-1002- 006. BEING KNOWN AS 34 LOUIS LANE, ENOLA, PA 17025. ,. ,.1~A' .:...... ,~ ..wu.. ..,z~y.,,~„ .,... -- ?Che Patriot-News Co. 2020 Tr'chnology PI'<wy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~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 Holly Blain, 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 ~Aarket 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 ernpowered 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: 07/09/10 M 07/16/10 07/23/10 Sworn to ascribed befo e t ' 5 day of August, 2010 A.D. -- Notary Public COMMONW~A4.'TM 9i~ F~iVN5yLVAN11~ _ Notaria3 ~eai 1 Sherrie L. Kisner, Notary i%ubflc ! Lower Paxton Twp., Oauphln County f My Commission Expires Nov. 26, 2011 ~ Member, PennsVi~ania Assedatlan of Notaries YVrtt Wo. 2008-8226 Civil Term Citirnortgage Inc Vs Anthony Richard Stiles Atty: Michael McKeever ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF EAST PENNSBORO, IN THE COUNTY OF CUMBERLANDANDCOMNONWEALTHOF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGATA POINT ON THE CORNER FORMED BY THE INTERSECTION OF THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE (LEGISLATIVE ROUTE 21052), WTTHTIIENORTHWESTERLY SIDE OF LOUIS LANE SOUTH (60 FEET WIDE); THENCE ALONG THE NORTHEASTERLY SIDE OF NORTH ENOLA DRIVE, NORTH 46 DEGREES 00 MINUTES WEST, 75 FEET TO A POINT; THENCE NORTH 44 DEGREES 00 MINUTES EAST,110 FEET TO A POINT; THENCE SOUTH 31 DEGREES 45 MINUTES EAST, 101.68 FEET TO A POINT ON THE NORTHWESTERLY SIDE OF LOUIS LANE SOUTH; THENCE ALONG THE NORTHWESTERLY SIDE OF LOUIS LANE 5OUTH ON A CURVE TO THE LEFT HAVING A RADNS OF 165 FEET, AN ARC LENGTH OF 89.26 FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PREMISES BY DEED FROM NATIONAL RESIDENTIAL NOMINEE SERVICES, INC., A DELAWARE CORPORATION DATED 07/13/2004 AND RECORDED 07/2b/2004IN BOOK 264 PAGE 1693. GRANTED AND CONVEYED UNTO ANTHONY R. STII.ES. TAX PARCEL N0: 09-13-1002-006 BEING KNOWN AS 34 LOUIS LANE, ENOLA PA ]7025 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 Veterans Affairs Secretary is the grantee the same; having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 22nd day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8226, at the suit of CitiMortgage Inc against Anthon~Richard Stiles is duly recorded as Instrument Number 201029358. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~' day of t.~-_P. U Recbk-der of Deeds Recorder of Deeda, drril~erlend t~trM~ Pll tiN Ccxnmissian E~iree the Fret Mores d,Wn, ~A14