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HomeMy WebLinkAbout09-8683GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS Mortgagors and Record Owners 864 Erford Road Camp Hill, PA 17011 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ACTION. MORTGAGE .,o,-i C?`?+U??.o`r` t74 _ 8!083 l..?IV?? ???1 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 LISTED 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. PARR 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 PROVEERF CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER.E 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.phfa.org/consumers/homeowners/real.gsEx. 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 homeretentiongagoldbecklaw.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 9143517C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE, INC., 1000 Technology Drive, O'Fallon, MO 63304. 2. The names and addresses of the Defendants are DANIEL L. ROACH a/k/a DAN L. ROACH, 864 Erford Road, Camp Hill, PA 17011 and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS, 864 Erford Road, Camp Hill, PA 17011, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On October 26, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WILMINGTON FINANCE INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Instrument # 200741480. 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 September 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 ....................................................................................$84,828.59 Interest from 08/01/2009 through 11/28/2009 at 7.1500% .... ...................$1,964.98 Per Diem interest rate at $16.62 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,241.43 Late Charges from 09/01/2009 to 11/28/2009 ....................... ......................$410.81 Monthly late charge amount at $29.15 Costs of suit and Title Search ................................................ ......................$900.00 Unpaid Previous Late Charges ............................................... ......................$323.36 Unapplied Funds .................................................................... .................... ($133.82) Delinquent Expense Total ...................................................... ........................$84.00 Servicing Fees ........................................................................ ....... .$37.00 $92,656.35 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $92,656.35, together with interest at the rate of $16.62, 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:_ WPI)a -i . ULUi-j? GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Charisse Mcknight, Assistant Vice President, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 12/1!2009 harisse Mckni t, Assist. V.P. #91435FC - DANIEL L. ROACH a/k/a DAN L. ROACH and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 PREPARED BY & RETURN TO: M. E. Wileman Orion Financial Group, Inc. 2860 Exchange Blvd. # 100 Southlake, TX 76092 Assignment of Mortgage Send Any Notices To Assignee. For Valuable Consideration, the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MFRS") SOLELY AS NOMINEE FOR WILMINGTON FINANCE INC. 64318 Miller Road, Flint, MI 48507 (Assignor) by these presents does assign, and set over, without recourse, to CITIMORTGAGE INC. 4050 Regent Blvd, Mail Stop N2A-222, Irving, TX 75063 (Assignee) the described mortgage, together with certain note(s) described with all interest, all liens, any rights due or to become due thereon, executed by DANIEL ROACH AND MICHELLE B ROACH, HUSBAND AND WIFE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ('MF.RS' SOLELY AS NOMINEE FOR WILMINGTON FINANCE INC.. Said mortgage Dated: 10/26/2007 is recorded in the State of PA, County of Cumberland on 11/112007, as Instrument 200741480 AMOUNT: $ 85,850.00 Parcel # 09171044001 Property Address: 864 ERFORD RD, CAMP HILL, PA 17011 IN WITNESS WHEREOF, the undersigned corporation has caused this instrument to be executed by its proper officer. Executed on: December 11, 2009 MORTGAGE ELE NIC REGISTRATION SYSTEMS, INC. ("MERS") SOLELY AS NOMINEE FOR WILMINGTON CE INC. By: I (?llil ?? 1lgl? ?? lII? ?II I?? D. M. Wileman, Vice President ROACH SJR *00094298* State of Texas, County of Tarrant On December 11, 2009, before me, the undersigned, personally appeared D. M. Wileman, who acknowledged that he/she is Vice President of/ for MORTGAGE_ELECTROMC.FESTaTRATION SYSTEMS,.INC. ("MFRS") SOLELY AS NOMINEE FOR WH11INGTON FINANCE INC. and that he/she executed the foregoing instrument and that such execution was done as the free act and deed of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (' MFRS") SOLELY AS NOMINEE FOR WILMINGTON FINANCE INC.. Notary public L res My comrnissi ices: October 28, 2013 • •''`` J. FLORES Notary Public, Srste o! Taxes M mission Expires OCfob•r 2e. 2013 MIN 100372407104893073 MERS Phone 888-679-6377 PA Cumberland The Assignee hereby certifies that the precise residence is 4050 Regent Blvd, Mail Stop N2A 222, Irving, TX 75063. EythifiitA COMMITMENT SCHEDULE C File Number: TM07-377 ILL THAT CERTAIN [at or piece of ground situate in the East Pennsboro Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block M, on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the Icft. 68.48 feet to a point at the westerly line of land now, or late of the East Pennsboro Township Authority; thence along some South 46 degrees 50 minutes East, '198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block M, aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 40 degrees 50 minutes Ydest, 149.01 feet to a point, the place of BEGINNING. BEING Lot No. 19X, Stock M, on the Plan #19 of Ridley Park Homes, Inc., prepared by D.P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book T, Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road, Carop Hill. PA. HAVING THEREON ERECTED a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. BEING the same property conveyed to Michelle B. Souders from Alonzo Jackson, Secretary of the US Department of Mousing and Urban Development, by Deed dated March 9, 2005, and recorded on March 21, 2005, in Book 268, Page 147. Parcel # 09-17-1044-001 Pionser Abstract Company of LuZerne County 46 Pierce Street Kingston. PA 18704 Telephone: 5-70-'-W-0547 Fax: 570-233-5277 Exthibit (B REPRESENTATION OF PRINTED DOCUMENT 0771573525 CitiMortgage cA00.%% l l 7107 8381 6540 1161 1718 www.citimortgage.com 10/21/09 45542 000336 DANIEL ROACH MICHELLE B ROACH 864 ERFORD RD CAMP HILL PA 17011-1129 RE: CitiMortgage Loan #: 0771573525 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE U- 01 N O O M 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 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 0771573525 COOM. i l www.citimortgage.com LL m 0 N 9 M 0 M r Page Two 10/21/09 0771573525 HOMEOWNER'S NAME(S): Daniel Roach Michelle B Roach PROPERTY ADDRESS: 864 Erford Rd Camp Hill,PA 17011-0000 LOAN ACCT. NO.: 0771573525 ORIGINAL LENDER: Wilmington Finance CURRENT LENDER/SERVICER: CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP' YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (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 „ EF 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 0771573525 CitiMortgage Page Three 10/21/09 0771573525 CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA 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 SHEIRIFF'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.) C007%k i e www.citimortgage.com 1=1 ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does busiress as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service m,- 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 0771573525 cite www.citimortgage.com Page Four 10/21/09 0771573525 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: 864 Erford Rd_ Camp Hill, PA 17011-0000 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/09 thru 10/01/09 3 @ $583.09/month 3 @ $29.15/late charge/month $1,836.72 Previous late charge(s) $294.21- Delinquency Expenses(s) $84.00 TOTAL AMOUNT PAST DUE: $2,214.93 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 $2,214.93, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY o (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 689196 Des Moines, IA 50368-9196 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started 0 ©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 mmn 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 0771573525 CitiMortgage Page Five 10/21/09 0771573525 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-Thee 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 LL 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 m restore your mortgage to the same position as if you had never o defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: 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 ©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 0771573525 CItlMortgage Page Six 10/21/09 0771573525 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 m TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. 0 * 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 HAD OCCUR RED, 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. 091021D0005740 cite www.citimortgage.com ©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 Kni 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 6J iY ?9a .bo P© PCM . 5to%o4 A:?61 ul SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff T?f 1?i{W Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Citimortgage Inc vs. Daniel L. Roach 2819 JAN -S 1M 2-' 28 Case Number 2009-8683 SHERIFF'S RETURN OF SERVICE 12/30/2009 02:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Decembei 30, 2009 at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michelle B. Roach a/k/a Michelle B. Souders, by making known unto herself personally, at 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/30/2009 02:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Decembei 30, 2009 at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Daniel L. Roach, by making known unto Michelle B. Roach, Wife of defendant at 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 December 31, 2009 SO ANSWERS, -000? R THOMAS KLINE, SHERIFF BY De ity eriff 8??- ici Cou lySuite Shentf, Tefeas-lt Inc. In the Court of Common Pleas of Cumberland County CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff VS. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH &Wa MICHELLE B. SOUDERS (Mortgagor(s) and Record Owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT No. 09-8683 CIVIL TER C ` -?n c? Ln ? C; d rr'+i W GJ (Jt THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DANIEL L. ROACH a/k/a DAN L. ROACH and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS by default for want of an Answer. Assess damages as follows: Debt Interest from 2/4/2010 to Date of Sale per diem at $16.62 Total (Assessment of Damages attached) $93,857.34 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe w 'lKod r delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after +e de t c and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R. P. 1 By: GOLDBEC R Y & MCKEEVER Michael McKeever Pa. ID 129 Gary McCafferty Pa. ID 423 6 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW Feb S , Q1010 , Judgment is entered in favor of CITIMORTGAGE, INC. and against DANIEL L. ROACH a/k/a DAN L. ROACH and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS by default for want of an Answer and damages ssed in the sum of $9857.34 as per the above certification. Prothonotary $14-.00 Po A'r'm ar"t 51(0516 R? a373?? Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (Mortgagors and Record Owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) No. 09-8683 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Prothonotary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 91435FC 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. TO: DATE OF THIS NOTICE: January 20, 2010 DANIEL L. ROACH a/k/a DAN L. ROACH ROACH, DANIEL L. a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaint vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (Mortgagor(s) and Record Owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) TO: DANIEL L. ROACH a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-8683 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 91435FC 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. TO: MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS ROACH, MICHELLE B. a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (Mortgagor(s) and Record Owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) TO: MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 DATE OF THIS NOTICE: January 20, 2010 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-8683 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DANIEL L. ROACH a/k/a DAN L. ROACH, is about unknown years of age, that Defendant's last known residence is 864 Erford Road Camp Hill, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: - 3- r O Barb Hand VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS, is about unknown years of age, that Defendant's last known residence is 864 Erford Road Camp Hill, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: Barb Hand .?2-- 3, ( o GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (Mortgagor(s) and Record owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 09-8683 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE, INC., and against DANIEL L. ROACH a/k/a DAN L. ROACH and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the U ?i t s of America) from the date of service of the Complaint, in the sum of $93,857.34. By: GOLDBE CCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO,63304 and that the name(s) and last known address(es) of the Defendant(s) is/are DANIEL L. ROACH a/k/a DAN , 864 Erford Road Camp Hill, PA 17011 and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDER , 8 Road Camp Hill, PA 17011; By: ?VVXVN GOL E K CCAFFERTY & MCKEEVER Michael McKe er Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristin Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $84,828.59 Interest from 08/01/2009 through $3,078.52 02/03/2010 Reasonable Attorney's Fee $4,241.43 Late Charges $498.26 Costs of Suit and Title Search $900.00 Escrow Payments Due 0 X $0.00 $0.00 Unpaid Previous Late Charges $323.36 Unapplied Funds ($133.82) Delinquent Expense Total $84.00 Servicing Fees $37.00 $93,857.34 B G CAFFERTY & MCKEEVER Michael McKeev Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this 61" day of Fib , 2010 damages are assessed as above. ? l Pro Prothy SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff ??tx of Cumb?? Ronny R Anderson ?o ? x Chief Deputy T. Jody S Smith Civil Process Sergeant 0"CE Or'. hE ShBRIrr Edward L Schorpp Solicftor Citimortgage Inc vs. Daniel L Roach Case Number 2009-8683 SHERIFF'S RETURN OF SERVICE 12/30/2009 02:30 PM • Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Decembei 30, 2009 at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michelle B. Roach a/k/a Michelle B. Souders, by making known unto herself personally, at 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/3012009 02:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Decembei 30, 2009 at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wk: Daniel L. Roach, by making known unto Michelle B. Roach, Wife of defendant at 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 December 31, 2009 SO ANSWERS, e-w-a4maw 4e 100 R THOMAS KLINE, SHERIFF ?Y ty eriff (c) CouniySutA Sheriff. Taleown, Inc. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 vs. IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS Mortgagor(s) and Record Owner(s) 864 Erford Road Camp Hill, PA 17011 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-8683 CIVIL TERM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 2/4/2010 to Date of Sale per diem at $16.62 (Costs to be added) $93,857.34 By. L M ERTY & MCKEEVER Michael McKeever a. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff V ?A C yU Q U`? ^ s-u+ x o W Q ft1 U y s N a 3 o '? °? o°iranQrNi ?Z U ,TWO r- W o up, ? ? ?a"? H QU o °? O w o o?'° 7 V "C 42 = ° U? H ' 9wx 3 cn O p4 Q u o a FEE. O U U - `0 5 O o .0 .? a ¢ o 0 U W oar C> Od lo ZO U O U U V] 4 ¢w a Qx U 10 1- IVY ¢ d C-) '? Cl- CD 43 0 ci LAJ LA- . 8 ?C C_ ea U ?4 C?A ALL THAT CERTAIN lot or piece of ground situate In the East Pennsboro Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block M. on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along game South 48 degrees 50 minutes East 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block M, aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West. 149.01 feet to a point, the place of BEGINNING . BEING Lot No, 19X Block M, on the Plan # 19 of Ridley Park Homes. Inc., prepared by D.P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book T, Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road. Camp Hill, PA HAVING THEREON ERECTED a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 864 Erford Road Camp Hill, PA 17011 SOLD as the property of DANIEL L. ROACH a/k/a DAN L. ROACH and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS TAX PARCEL #09-17-1044-001 BEING the same premises which Michelle B. Souders, now by marriage Michelle B. Roach by Deed dated 10/26/07 and recorded 11 / 1 /07in Instrument #200741479 granted and conveyed unto Daniel Roach and Michelle B. Roach, husband and wife. Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (Mortgagor(s) and Record Owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-8683 CIVIL TERM 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: 864 Erford Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): DANIEL L. ROACH a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: DANIEL L. ROACH a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Ffl,'L r OF THE PRA! f-!t NOIARY 2010 FEB -5 PM 3. 35 CUM ? X44, (fUUNiY PENNSYLVgW IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 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 864 Erford Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 3, 2010 G ECK McCAFFER EVER BY: Barb Hand 09-8683 CIVIL TERM 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 CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B SOUDERS Mortgagor(s) and Record Owner(s) 864 Erford Road Camp Hill, PA 17011 Defendant(s; IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8683 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROACH, DANIEL L. Wa DAN L. ROACH DANIEL L. ROACH a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 Your house at 864 Erford Road, Camp Hill, PA 17011 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 $93,857.34 obtained by CITIMORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 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. 09-8683 CIVIL TERM 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 your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hqp://www.philadelphiafed.orp-/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-8683 CIVIL TERM Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orv,/consumers/homeowners/real.avx. 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@g_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 91435FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 09-8683 CIVIL TERM GOLDBECK MCCA.FFERTY & 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 CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 IN THE COURT OF COMMON PLEAS Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B SOUDERS Mortgagor(s) and Record Owner(s) 864 Erford Road Camp Hill, PA 17011 Defendant(s of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8683 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROACH, MICHELLE B. a/k/a MICHELLE B. SOUDERS MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 Your house at 864 Erford Road, Camp Hill, PA 17011 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 $93,857.34 obtained by CITIMORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE, INC., the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8683 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., Plaintiff (s) From DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (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 $93,857.34 L.L. $.50 Interest from 2/4/10 to Date of Sale per diem at $16.62 -- To be Determined Atty's Comm % Atty Paid $190.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 2/5/10 David D. Buell, Prot onotary (Seal) By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLD BECK MCCAFFERTY & MCKEEVER SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 ,y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~' ~ '~ ~ ~ _. Sheriff Jody S Smith ~ ~~~,,ti".• °~ ~a~riiG~~,~~~t~ ~ Chief Deputy ~~ i ~~ ~~ ~~ ~~ ~~ ~~~ ~~ Edward L Schorpp , Solicitor ,p~ ~u~,`, Citimortgage Inc Case Number vs. Daniel L. Roach (et al.) 2009-8683 SHERIFF'S RETURN OF SERVICE 04/06/2010 03:40 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2010 at 1540 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 Daniel L. Roach & Michelle B. Roach a/k/a Michelle B. Souders, located at 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania according to law. 04/12/2010 04:27 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1627 hours, she 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: Michelle B. Roach, a/k!a Michelle B. Souders, by making known unto, Daniel Roach, spouse, at, 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 04/12/2010 04:27 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1627 hours, she 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: Daniel L. Roach, by making known unto, Daniel L. Roach, personally, at, 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 05/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney McKeever on 5/25/10 SHERIFF COST: $974.30 SO ANSWERS, ~.. ~C~-~-------- May 27, 2010 RON ~ R ANDERSON, SHERIFF ~_~ . C~ . sj Cewry5uit~ 6rerif^ Te!eos~?t Sri GI~- F~~ ~~ ~ y~~S~~~ Goldbeck McCafferty & McKeever BY: Michael T. McIre~ever Attorney LD. #56129 Suite 5000 - Mellen Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (Mortgagor(s) and Record Owner(s)) 864 Erford Road Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-8683 CIVIL, TERM 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: 864 Erford Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): DANIEL L. ROACH a1k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 MICHELLE B. ROACH aJk/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: DANIEL L. ROACH a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 1701 1 MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 1701 1 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 .~ Harrisburg, PA 17105-2675 • ~ DOtVIESTIC 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 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 864 Erford Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 3, 2010 .- G BECK McCAFFER ~KEEVER BY: Barb Hand 09-8683 CIVIL TERM 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 CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B SOUDERS Mortgagor(s) and Record Owner(s) 864 Erford Road Camp Hill, PA 17011 Defendants; IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8683 CIVII, TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROACH, DANIEL L. a/1Ja DAN L. ROACH DANIEL L. ROACH a/k/a DAN L. ROACH 864 Erford Road Camp Hill, PA 17011 Your house at 864 Erford Road, Camp Hill, PA 17011 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 $93,857.34 obtained by CITIMORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE, INC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 09-8683 CIVIL TERM 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 fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.or~/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-8683 CIVIL TERM Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: //www.phfa. org/consumers/homeowners/real. aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionnalgoldbecklaw.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 91435FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. ALL THAT CERTAIN lot or piece of ground situate In the East Pennsboro Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block M. on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along game South 48 degrees 50 minutes East 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block M, aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West. 149.01 feet to a point, the place of BEGINNING . BEING Lot No, 19X Block M, on the Plan # 19 of Ridley Park Homes. Inc., prepared by D.P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book T, Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road. Camp Hill, PA HAVING THEREON ERECTED a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 8 64 Erford Road Camp Hill, PA 17011 SOLD as the property of DANIEL L. ROACH a/k/a DAN L. ROACH and MICHELLE B. ROACH a/kla MICHELLE B. SOUDERS TAX PARCEL #09-17-1044-001 BEING the same premises which Michelle B. Souders, now by marriage Michelle B. Roach by Deed dated 14!26/07 and recorded 11/1/07in Instrument #200741479 granted and conveyed unto Daniel Roach and Michelle B. Roach, husband and wife . .+ 09-8683 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff I CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B SOUDERS Mortgagor(s) and Record Owner(s) 864 Erford Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8683 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROACI I, MICHELLE B. a/IJa MICF IELLE B. SOUDERS MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS 864 Erford Road Camp Hill, PA 1701 1 Your house at 864 Erford Road, Camp Hill, PA ] 7011 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 $93,85734 obtained by CITIMORTGAGE, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIMORTGAGE, INC., the back payments, ]ate charges, costs and reasonable attorney's fees due. To find out how much }you must pay call our office at 215-825-6329 or 1-866-413-231 1. 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. 09-8683 CIVIL TERM 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 your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale_ This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orQlforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-8683 CIVIL TERM 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: ilwww.phfa.erg/consumers/homeowners~'real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(~,~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 91435FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN,Iot or piece of ground situate In the East Pennsboro Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block M. on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along game South 48 degrees 50 minutes East 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block M, aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West. 149.01 feet to a point, the place of BEGINNING . BEING Lot No, 19X Block M, on the Plan #19 of Ridley Park Homes. Inc., prepared by D.P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book T, Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road. Camp Hill, PA HAVING THEREON ERECTED a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. IMPROVEMENTS consist of a residential dwelling. BEING PP~EMISES: 8 64 Erford Road Camp Hill, PA 17011 SOLD as the property of DANIEL L. ROACH alk/a DAN L. ROACH and MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS TAX PARCEL #09-17-1044-001 BEING the same premises which Michelle B. Souders, now by marriage Michelle B. Roach by Deed dated 10/26/07 and recorded 1111 /07in Instrument #200741479 granted and conveyed unto Daniel Roach and Michelle B. Roach, husband and wife . WRIT OF EXECUTION and/or ATTACHMENT y 1 COMMONWEALTH OF PENNSYLVANIA) NO 09-8683 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 DANIEL L. ROACH a/k/a DAN L. ROACH MICHELLE B. ROACH a/k/a MICHELLE B. SOUDERS (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 $93,857.34 L.L. $.50 Interest from 2/4/10 to Date of Sale per diem at $16.62 -- To be Determined Atty's Comm Atty Paid $190.00 Plaintiff Paid Date: 2/5/10 (Seal) RF,QTJESTING PARTY: Due Prothy $2.00 Other Costs J David D. Buell, Pr thonotary By: Deputy Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLD BECK MCCAFFERTY & MCKEEVER SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 On March 22, 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, 864 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 r `____-~r~~-~ Real Estate Coordinator `tk % ~. L:~ 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 April 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. .`~~~- l L~Lisa Marie Coyne, ~itor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2009-8683 Civil Citimortgage Inc. vs. Daniel L. Roach a/k/a Dan L. Roach Michelle B. Roach a/k/a Michelle B. Souders Atty: Michael McKeever ALL THAT CERTAIN lot or piece of ground situate In the East Penns- boro Township. Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block M. on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along game South 48 degrees 50 minutes East 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block M, aforesaid; thence along said dividing line and through the center of a paztition wall and beyond North 46 degrees 50 minutes West. 149.01 feet to a point, the place of BEGINNING. BEING Lot No, 19X Block M, on the Plan # 19 of Ridley Park Homes. Inc., prepazed by D.P. Raffensperger Associates, Engineers and Survey- ors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book T, Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road, Camp Hill, PA. HAVING THEREON ERECTED a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. -The Patriot-News Co. 2020 Technology Pkwy Suite 300' " Mechanicsburg,s PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e ~lahiot 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 N Sworn to subscribed before this~8 ' y of May, 2010 A.D. ,- _. ._... Notary Public COMMONWEp~,'r•{ pF p~NNSYLVANIA No4lrlal Swl Sherrie L Kf~ner, Notsry public Lower Paxbon Tnp., Dauphin County My CcxnrrN~Ion E7cpires Nov. 26, 2011 Member, Pennsylvania Assodatlon of Notaries ~~ wm Nio. ~eea3 ChrH Tsnn CldmoriBsSe Mc vs. ' Daniel L. Roach , aJk/a Dan L. Roach Mhrhelie B. Roach alk/a MlcFtslle B. Souders Atty: Midtael McKeever ALL THAT CERTAIN lot or piece of ground situate In the EasC Penasboro Township. Cumberland Couuty, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lott Nos.19 a~ 19~, BIoc1:M. on said plan; thence along the southerly line of Erford Road in as arc having a radius of 50.(10 fact in a northerly direction to the left 68.48 feet to a point at the westerly line of land now or hue of the East pdhoebao'B'o-~P ; th~ce ~ 8+~ South 48 degees 90 niaubs Feat 19E.011gxttoapoi~; thrnce Sou~43 de~eees 10 m Rks<; 40.00 fes'to a point at the dividing '!ie betMeea Lots Noa. 19 and 19X, Bock M, ,aforesaid; thence along said dividing line and through the center of a partition wall"andbeyond Notth46 degrees 50 miwtes Wcat.149.01 feet to a point, the place of BEGINNING'. BEING Lot No, 19X Block M, on the Plan #19 of Ridley Perk Homes. Inc., prepared by D.P. Raffensperger Associates, Engineers and Surveyors; dated January 25,1971, and recortled io Plan Book 22, Page 64 (erroneously described as Plan BookT, Vohmie 33,Page 1, inprior deed), and known and numbered as 864 Erford Road. Camp Hill, PA HAVING THEREON ERECTED a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. „~,