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HomeMy WebLinkAbout09-8816GOLDBECK 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. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagors and Record Owners 510 Hillside Road New Cumberland, PA 17070 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term aQ t v ?l. ??/23r o.I ATGAGLEE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR. TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE iNFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hqp•//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: httD://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 9147917C. 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 LINDA A. MCDIFFITT, 510 Hillside Road, New Cumberland, PA 17070 and DONALD F. MCDIFFITT, 510 Hillside Road, New Cumberland, PA 17070, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On October 26, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1971 Page 1877. 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 August 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 ..................................................................................$138,824.48 Interest from 07/01/2009 through 11/25/2009 at 8.9000% .... ...................$4,930.85 Per Diem interest rate at $33.85 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$6,941.22 Late Charges from 08/01/2009 to 11/25/2009 ....................... ......................$939.33 Monthly late charge amount at $56.42 Costs of suit and Title Search ................................................ ......................$900.00 Unpaid Previous Late Charges ............................................... ......................$713.65 Delinquent Expense Total ...................................................... ......................$111.00 Servicing Fees ........................................................................ ........................$52.84 Deferred Interest .................................................................... ....... .$4,143.80 $157,557.17 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $157,557.17, together with interest at the rate of $33.85, 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: ?A hi i D fi dw, GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Eddie Crespo, 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: Eddie Crespo, Assistant Vice President #91479FC - LINDA A. MCDIFFITT and DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 Eyi,Fi6itA . . ... .1 rt 1 LEGAL DESCRnmON As described in Deed Book 258, page 3124 of Cumberland, . iec:e or parcel of lead situate in the Borough of New Cumberlmd, County ALL THAT CERTAIN Q snore cularly bounded and described as follows, to wit: and Commonwealth of PemMlVBD'&, Road and Z?llsidc Road; th+"M a?8 Hillside Road, South BEGD(M Nd at a pamt, the Southwest corner of Beau hmLdredlbs (86.87) feet to a point thence South 16 degraes 43 minaties East, a disdemce of eigb?cy-six and eighty 120 fxt to a Qobg &o co Nw* 16 dews 03 73 degrees 57 minutes West, a distance of one nine tenth d y fact to the soudwdy line of Beacon Road; thence along minutes West, a distance of forty theme and s (43.9) seven and fartY-am hundredths Beacon goad, North 54 degrees 15 minutes East, a distance of am hundred twenty (127.46) feet to the westerly line of I'fillside road, the plsco of BPkMM(i- Parcel #25-24-0811-215 Eyt hibit B 0771507738 REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 7107 8381 6540 1161 1541 10/21/09 45542 000319 LINDA MCDIFFITT DONALD MCDIFFITT 510 HILLSIDE RD NEW CUMBERLND PA 17070-1864 c100TWIllik e i www.citimortgage.com RE: CitiMortgage Loan #: 0771507738 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LL m 0 N co This is an official notice that the mortgage on your home is in "' default, and the lender intends to foreclose. Specific information E 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. 02008 CitiMortgage, Inc CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. CitL Arc Design, and Citi and Arc Design are registered service 19 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 0771507738 *1 lb& a ti CitiMortgage www.citimortgage.com Page Two 10/21/09 0771507738 HOMEOWNER'S NAME(S): Linda Mcdiffitt Donald Mcdiffitt PROPERTY ADDRESS: 510 Hillside Rd New Cumberland,PA 17070-0000 LOAN ACCT. NO.: 0771507738 ORIGINAL LENDER: Mortgage Lenders Network Inc. is CURRENT LENDER/SERVICER: astlender ga or this lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM LL m 0 0 co 0 cn 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. 02008 CitiMortgage, Inc CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. C4 Arc Design, and Citi and Arc Design are registered service Q 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 0771507738 REPRESENTATION OF PRINTED DOCUMENT A1100,4111116, CitiMortgage www.citimortgage.com Page Three 10/21/09 0771507738 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 The names, addressestandttelephoneynumbers the date of this meeting. 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 fothe specific information about the nature of your default). 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 LL have applications for the program and they will assist you in Housi o submittingoatemporarelypstopathenlenderefromnfilingia foreclosureance Agency- action, your application MUST be forwarded to PHFA within thirty (30 C? 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 OFROFORECLOSUREEXPLAINED ABOVE. IN STAYYOUR STA TEMPORARYAGAINST THERSECGION 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.) , IncCitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. C4 Arc Design, and Citi and Arc Design are registered service ®2008 CitiMortgage CitiMortgage is marks of Citigroup Inc. -Calls are randomly monitored and recorded for quality assurance. a debt collector and any information obtained will be used for that purpose INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 0771507738 CAO l l www.citimortgage.com Page Four 10/21/09 0771507738 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: 510 Hillside Rd_ New Cumberland, PA 17070-0000 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 @ 3$56$42/late4charge/month $3,554.88 Previous late charge(s) $713.65- LL 0) 0 co 0 M Delinquency Expenses(s) $111.00 TOTAL AMOUNT PAST DUE: $4,379.53 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 $4,379.53, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 689196 Des Moines, IA 50368-9196 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started ©2008 CitiMortgage, Inc CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Cit"t Arc Design, and Citi and Arc Design are registered service 19 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 0771507738 CitiMortgage Page Five 10/21/09 0771507738 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 LL connected with the Sheriff's Sale as specified in writing by the o Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never m o defaulted. o 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 c100.001*& l l www.citimortgage.com 02008 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 0771507738 REPRESENTATION OF PRINTED DOCUMENT /m1 CitiMortgage citl www.citimortgage.com Page Six 10/21/09 0771507738 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 albu er or transferee who will assume the mortgage debt, provided 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 TNG MONEY INSOTITPAY UTION F TO H PA'YOOFFATHIS DEBT OR LL TO BORROW MONEY FROM ANOTHER LEND DEBT. m O C14 * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF m M o * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT ;Z DO NOT HAVE DEFAULT TMOREETHANTTHREEWTIMES INUANYY CALENDAR THIS (0 HAD RIGHT OCCURRED, CURE YOUR YOU 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. 091021D0006125 ©2008 CitiMortgage, Inc CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citt Arc Design, and Citi and Arc Design are registered service Q 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 0?? =i a ADv n A {)+. h f 17,7'? e.? s?otd.6 R-,A-,OZ3 S?q// SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OF nf?"iwr Edward L Schorpp Solicitor 2010 JAN -5 IPI Et 28 "IBF & ,UtIN11, Citimortgage Inc vs. Linda A. McDiffitt Case Number 2009-8816 SHERIFF'S RETURN OF SERVICE 12/30/2009 02:43 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2009 at 1443 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Linda A. McDiffitt, by making known unto Donald F. McDiffitt, Husband of defendant at 510 Hillside Drive, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/30/2009 02:43 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2009 at 1443 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donald F. McDiffitt, by making known unto himself personally, at 510 Hillside Drive, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.30 SO ANSWERS, December 31, 2009 R THOMAS K INE, SHERIFF Deput eriff in) Cou+ltySulte- She -M i eleosott_ Inc. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF ., r, F1LE€~.:~-rz~~r~. ~oi~ ~u~ ~~ ~~ ~~ ~~ CUi~s~.:r. w.; . i~;~JiJ'TY CITIMORTGAGE INC. 1000 Technology Drive O'Fallon, MO 63304 Plaintiff vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 CIVIL TERM PRAECIPE TO CORRECT CAPTION Kindly correct the docket to reflect the correct caption of CTTIMORTGAGE INC. 4050 REGENT BLVD, MAIL STOP N2A-222, IRVING, TX 75063 Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER By: Michael T. McKeever, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Goldbeck, McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106-1532 215-627-1322 CITIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IN THE COURT OF COMMON PLEAS IRVING, TX 75063 Plaintiff vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 TO THE PROTHONOTARY: Defendant(s) of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-8816 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount Due ~a4. oo Pp per/ J~q. 30 C6F Interest from ~]'Q. ~$ i i 02/04/2010 to Date of qa • 00 " Sale per diem at ~`~ • 00 ~~ $33.85 d+~. oo ~, ~aqa. 76 - Pu nYry ~a~00 ~t1eCo e~ 5~~a IZ'~ a4y435 (Costs to be added) N O / ~,! 47 ~ R7.E°. m~,` C"_ ~ "I rn ''~ ~ ~~Fi N ~ ~,: C'. ~ ,_; - '`~t:~~ ~''.-- N Yam N te„ $160,095.93 By: GOLDBECK MCCAFFERTY & 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 ire ~u~k al W ~. W ~`~' O ~,~U F"~O °a O a o° ZV x F z d C7 O H U z 0 ~ ,-. ~y ~ ~ ~ 3 ~ W i E-' ~' O ~ W ~ ~~-~ o¢ ws " ~A on; o. O a i Q~ab ~ ~w ~w~•~~ 3~ o Qzo~~ 0 W W~ aA ~° z o iS+ ~~ ... ~[ ~~ ~a ~° E-+ >, ~ ~ ~, U ~ ~¢ L ~ ~ ~ a~i U ~.i U yMj Wu ~ .~ .~ ~~~°N ~~~~~ ~o~~~ u a> ~ ~~ ~' O N N 'fi ~ ~ ~ v ,~ o s .d o a o ~ C7 ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the Southwest comer of Beacon Road and Hillside Road; thence along Hillside Road, South 16 degrees 03 minutes East, a distance of eighty-six and eighty-seven hundredths (86.87) feet to a point; thence South 73 degrees 57 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 16 degrees 03 minutes West, a distance of forty-three and nine tenths (43.9) feet to the southerly line of Beacon Road; thence along Beacon Road, North 54 degrees 15 minutes East, a distance of one hundred twenty-Seven and forty-six hundredths (127.46) feet to the westerly line of Hillside road, the place of BEGINNING. BEING THE SAME PREMISES BY DEED FROM LESLIE ANN KOCHER, SINGLE PERSON DATED 10/26/2006 AND RECORDED 11/01/2006 IN BOOK 277 PAGE 1906 GRNATED AND CONVEYED UNTO DONALD F. MCDIFFITT AND LINDA A. MCDIFFITT, HUSBAND AND WIFE. TAX PARCEL NO: 25-24-0811-215 BEING KNOWN AS 510 HILLSIDE ROAD, NEW CUMBERLAND PA 17070 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: BANKRUPTCY NO. 1:10-bk-01602-RNO DONALD F. MCDIFFITT, JR. and LINDA A. MCDIFFITT, Debtors CHAPTER NO. 7 AMERICAN HONDA FINANCE CORPORATION, Movant v. DONALD F. MCDIFFITT, JR. and LINDA A. MCDIFFITT, Respondents ORDER GRANTING AMERICAN HONDA FINANCE CORPORATION RELIEF FROM AUTOMATIC STAY PURSUANT TO 11 U S C SECTION 362(d)(1) Creditor, American Honda Finance Corporation, having moved for an Order, pursuant to 11 U.S.C. Section 362(d)(1), authorizing relief from automatic stay, or the granting of adequate protection herein, UPON reading and filing the Motion for Relief from Automatic Stay, pursuant to 11 U.S.C. Section 362(d)(1), dated March 15, 2010, together with the exhibits annexed thereto and due proof of service thereof, and upon all pleadings and proceedings heretofore had herein, and no opposition having been interposed, and due deliberation having been had thereon and good and sufficient cause appearing NOW, on motion of American Honda Finance Corporation, by its counsel, Deily, Mooney & Glastetter, LLP, it is hereby ORDERED, that pursuant to 11 U.S.C. Section 362(d)(1) the Motion of creditor, American Honda Finance Corporation, for Relief from Automatic Stay be, and the same hereby is, granted; and it is further Case 1:10-bk-01602-RNO Doc 20 Filed 04/09/10 Entered 04/12/10 15:34:40 Desc Main Document Page 1 of 2 ORDERED, that the automatic stay instituted upon the filing of the petition for an Order for relief by the debtors, above-named, be, and the same hereby is, terminated in that it shall not apply to any action by creditor, American Honda Finance Corporation, pursuant to applicable state law, to obtain possession and dispose of its collateral in accordance with applicable law; namely, one (1) 2003 Acura 3.2 TL (V.I.N. 19UUA56663A037514); and it is further ORDERED, that all surplus monies, if any, obtained by American Honda Finance Corporation after liquidation of the collateral and satisfaction of its lien, shall be remitted to the Trustee. By the. [;.oust,. ~. .~r Dated: April 9, 2010 r~©t~rt r~. rapt, aa, ~a~krupccy ruage ;QG) ~l`hi~ clca~:~urrac~n! ti c~leclrctttrcul/y ,si~~ncelrrt~tt~lccl c~ta the sumc~`c~cttc~. Case 1:10-bk-01602-RNO Doc 20 Filed 04/09/10 Entered 04/12/10 15:34:40 Desc Main Document Page 2 of 2 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 vs. LINDA A. MCDIFFTTT DONALD F. MCDIFFITT (Mortgagor(s) and Record Owner(s)) 510 Hillside Road New Cumberland, PA 17070 Plaintiff Defendant(s) FiI~;C~ -~.~ •~~ '~~ ~F ~ c. ~'~, ti„~fi41y ~._ , 2010 JU~~ 29 ~I~~ Z~ 22 PE~~~~~Y~~l~~l!A. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-8816 CIVIL TERM 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: 510 Hillside Road New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): LINDA A. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: LINDA A. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Cazlisle, PA 17013 FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, AZ 85216 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC. P.O. Box 2026 Flint, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC. 213 Court Street Middletown, CT 06457 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. BOX 15057 Harrisburg, PA 17101 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. BOX 15530 Harrisburg, PA 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 510 Hillside Road New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze 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: June 23. 2010 GOLDBECK McCAFFERTY & McKEEVER BY: Martin Hynes GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF 2410 ,lt~~~ 29 ~ti 2' 22 }~~u CUMSrW~~ ,~,.~, ~.f E N f L1'd~''~J fii..Yr~: ~{~ CITIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 Plaintiff vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 CIVII, TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: ~~~~ GOLDBECK McCAFFERTY & 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 2761 S Attorneys for Plaintiff 09-8816 CIVIL TERM e~ 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 r °' '''~.ARY '~F T4;~ ; f ~ - . ,; ZOlO Jt~ E9 ~c~ 2~ 22 CU~h~~ ~, ~;~ ~~~;~U~fTY PEA l;~a,~ ~ L~/,~~.~~lii? CITIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 Plaintiff vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 Defendants; IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 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: MCDIFFITT, LINDA A. LINDA A. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 Your house at 510 Hillside Road, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $160,095.93 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. t 09-8816 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 find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: http://www.nhiladelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-8816 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 httn://www.phfa.org/consumers homeowners/real aux. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 91479FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8816 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC, Plaintiff (s) From LINDA A. MCDIFFITT and DONALD F. MCDIFFITT (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 $160,095.93 L.L. Interest from Z/4/10 to Date of Sale per diem at $33.85 Atty's Comm % Due Prothy $2.00 Atty Paid $292.78 Other Costs Plaintiff Paid Date: 6/29/10 David D. Buell, Prot onotary (Seal) By; REQUESTING PARTY: Name: DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Plaintiff CITIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 Defendant(s) 91479FC CF: 12/23/2009 OF THE FILED-OFFICE SD: 12/08/2010 $160,095.93 2010 NOV 30 AM I I : ? CUMSt?J SQURT ,F COMMON PLEAS P NS YL b?CNA berland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 CIVIL TERM CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). (?} Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respect lly submitted, czp- BY: Keith C. Halili Legal Secretary ? s ysowrv nawE$ V O T s O ZIP m = D Z _ Q N tL ? ra 4 > 0O cc ? (s3 LL p W ?l1 (,5 W a w Z Z w Z L tf1 Z U „ r Zprn ? .. r ? US mr m z o Ll. ? c?*'•L N `mmE? cm W -W iSlZ ?U > fL t7i _?sz.-mom m LWU w- toc s m " ? r, w-ar Utf! p LL Ww o w t U?0? Qgg g s U W C C 0 C? r N ?N 0 o ? a m m o Z z U- r N CD rIll cm ' ?o o c' ,ear ? a U mm LL O D o ?Q? m cm" 0 U Coco t, C p atn ° r U cD oo? WomQ 2 ° ?ao r 0 "N ° n m a?? 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Date Produced: 07/19/2010 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified MaiITM item number 7108 2133 3938 2930 2299. Our records indicate that this item was delivered on 07/14/2010 at 02:07 p.m. in NEW CUMBERLAND, PA, 17070. The scanned image of the recipient information is provided below. via" Signature of Recipient: Address of Recipient: Wdreu Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 91479DM12/8 Date Produced: 07/19/2010 W GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified MailTm item number 7108 2133 3938 2930 2305. Our records indicate that this item was delivered on 07/14/2010 at 02:09 p.m. in NEW CUMBERLAND, PA, 17070. The scanned image of the recipient information is provided below. Signature of Recipient: L irftd .rµ t.. I" Fl- .1 40, Address of Recipient: f 1/1{? ., r r+??rr rr Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number. 91479LM12/8 GOLDBECK McCAFFERTY & MCKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 CTTIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 CIVIL TERM 510 Hillside Road New Cumberland, PA 17070 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 510 Hillside Road New Cumberland, PA 17070 I.Name and address of Owner(s) or Reputed Owner(s): LINDA A. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: LINDA A. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, AZ 85216 FORD MOTOR CREDIT COMPANY c/o Maurice & Needleman PC 1 Penn Center, 1617 JFK Boulevard, #935 Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC. P.O. Box 2026 Flint, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC. 213 Court Street Middletown, CT 06457 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. BOX 15057 Harrisburg, PA 17101 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. BOX 15530 Harrisburg, PA 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 510 Hillside Road New Cumberland, PA 17070 (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 unworn falsification to authorities. DATED: November 24, 2010 GOLDBECK McCAFFERTY & McKEEVER BY: Keith C. Halili Legal Secretary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 4i 3,iEf`itt`iUii?. 1011 JSAN 27 tiM C, - 2 '"? Richard W Stewart Solicitor -,c? ,_y -- _ - ,- aaFr CUMBERLAND COUNITY PENNSYLVANIA Citimortgage Inc vs. Linda A. McDiffitt (et al.) Case Number 2009-8816 SHERIFF'S RETURN OF SERVICE 10/21/2010 08:12 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 10/21/10 at 2012 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 Linda A. and Donald F. McDiffit, located at, 510 Hillside Road, New Cumberland, Cumberland County, Pennsylvania according to law. 11/09/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Linda A. McDiffit, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 510 Hillside Road, New Cumberland, PA 17070, defendant moved, did not leave a forwarding at the post office. 11/09/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Donald F. McDiffit, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 510 Hillside Road, New Cumberland, PA 17070, defendant moved, did not leave a forwarding at the post office. 12/08/2010 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on Dec 08, 2010 at 10:00 AM. He sold the same for the sum of $ 94,700.00 to Central Penn Capital Management, LLC, on behalf of Chesapeake Loan Servicing, LLC. 100 S. 7th Street, Akron, PA 17501, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $3,072.90 January 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF yg ob M, ack- a o© Pd 00 - a 4 "I ?3 07w a5 315 0 p COW+fySUite She!:ff ieiecsoft . 6x;. I A SCHEDULE OF DISTRIBUTION Date Filed: 115111 Writ No. 2009-8816 Civil Term CITIMORTGAGE Inc. Vs Linda A. McDiffitt Donald F. McDiffitt 510 Hillside Road New Cumberland, PA 17070 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney W Total: DISTRIBUTION: $ 170,780.66 Receipts: Cash on Account (08/17/2010) Cash on Account (12/08/2010) Cash on Account (12/27/2010) December 8, 2010 Chesapeake Loan Servicing, LLC $ 94,700.00 $ 160,095.93 10,391.95 it Costs: 292.78 $ 1,500.00 9,470.00 90,509.50 Total Receipts: $ 101,479.50 Disbursements: Sheriffs Costs $ 2,772.90 Legal Search 300.00 Transfer Tax State 1,542.75 Transfer Tax Local 1,542.75 Robin Gasperetti (New Cumberland Tax Collector) 2,242.08 (This Amount Reflects 2010 Spring Taxes x 3 for Spring 2011 Taxes) Borough of New Cumberland (Sewer/Refuse) 1,077.29 Attorney David Fein 1,500.00 CITIMORTGAGE Inc. 90,501.73 Total Disbursements: Balance for distribution: So Answers: Ronny R. Anderson Sheriff ($101,479.50) 00.00 y Goldbeck McCafferty & McKeever BY: Michael T. Mch*ever Attorney I.D. #56)!29 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff Crl' MORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 vs. LINDA A. MCDII-= DONALD F. MCDH-= (Mortgagor(s) and Record Owner(s)) 510 Hillside Road New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-8816 CIVIL TERM 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: 510 Hillside Road New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): LINDA A. MCDI -= 510 Hillside Road New Cumberland, PA 17070 DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: LINDA A. MCDI -= 510 Hillside Road New Cumberland, PA 17070 DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, AZ 85216 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC. P.O. Box 2026 Flint, MI 48501 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA INC. 213 Court Street Middletown, CT 06457 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. BOX 15057 Harrisburg, PA 17101 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street P.O. BOX 15530 Harrisburg, PA 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 510 Hillside Road New Cumberland, PA 17070 (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 unswom falsification to authorities. DATED: June 23, GOLDBECK McCAFFERTY & McKEEVER BY: Martin Hynes 09-8816 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 CTTIMORTGAGE INC. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 Defendants; CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 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: MCDIFFITT, LINDA A. LINDA A. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 Your house at 510 Hillside Road, New Cumberland, PA 17070 is scheduled to be sold at Sheriff s Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $160,095.93 obtained by CTTIMORTGAGE 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 CTTIMORTGAGE 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. 09-8816 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 find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hn://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-8816 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.g_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 hLtp: //www.phfa. or gjconsumers/homeowners/real . aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 91479FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the Southwest comer of Beacon Road and Hillside Road; thence along Hillside Road, South 16 degrees 03 minutes East, a distance of eighty-six and eighty-seven hundredths (86.87) feet to a point; thence South 73 degrees 57 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 16 degrees 03 minutes West, a distance of forty-three and nine tenths (43.9) feet to the southerly line of Beacon Road; thence along Beacon Road, North 54 degrees 15 minutes East, a distance of one hundred twenty-Seven and forty-six hundredths (127.46) feet to the westerly line of Hillside road, the place of BEGINNING. BEING THE SAME PREMISES BY DEED FROM LESLIE ANN KOCHER, SINGLE PERSON DATED 10/26/2006 AND RECORDED 11/01/2006 IN BOOK 277 PAGE 1906 GRNATED AND CONVEYED UNTO DONALD F. MCDIFFITT AND LINDA A. MCDIFFITT, HUSBAND AND WIFE. TAX PARCEL NO: 25-24-0811-215 BEING KNOWN AS 510 HILLSIDE ROAD, NEW CUMBERLAND PA 17070 09-8816 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. 4050 REGENT BLVD MAIL STOP N2A-222 IRVING, TX 75063 Plaintiff vs. LINDA A. MCDIFFITT DONALD F. MCDIFFITT Mortgagor(s) and Record Owner(s) 510 Hillside Road New Cumberland, PA 17070 Defendant(s; IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-8816 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: MCDIFFPIT, DONALD F. DONALD F. MCDIFFITT 510 Hillside Road New Cumberland, PA 17070 Your house at 510 Hillside Road, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10.00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $160,095.93 obtained by CIT 40RTGAGE 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 1-866-413-23 11. 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. 09-8816 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 find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orgiforeclosure/ 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 09-8816 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 homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 91479FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. i ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the Southwest comer of Beacon Road and Hillside Road; thence along Hillside Road, South 16 degrees 03 minutes East, a distance of eighty-six and eighty-seven hundredths (86.87) feet to a point; thence South 73 degrees 57 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 16 degrees 03 minutes West, a distance of forty-three and nine tenths (43.9) feet to the southerly line of Beacon Road; thence along Beacon Road, North 54 degrees 15 minutes East, a distance of one hundred twenty-Seven and forty-six hundredths (12746) feet to the westerly line of Hillside road, the place of BEGINNING. BEING THE SAME PREMISES BY DEED FROM LESLIE ANN KOCHER, SINGLE PERSON DATED 10/26/2006 AND RECORDED 11/01/2006 IN BOOK 277 PAGE 1906 GRNATED AND CONVEYED UNTO DONALD F. MCDIFFITT AND LINDA A. MCDIFFITT, HUSBAND AND WIFE. TAX PARCEL NO: 25-24-0811-215 BEING KNOWN AS 510 HILLSIDE ROAD, NEW CUMBERLAND PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONVJE,ALTJA OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8816 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC, Plaintiff (s) From LINDA A. MCDIFFITT and DONALD F. MCDIFFITT (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 $160,095.93 L.L. Interest from 2/4/10 to Date of Sale per diem at $33.85 Atty's Comm % Due Prothy $2.00 Atty Paid $292.78 Other Costs Plaintiff Paid Date: 6/29/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 56129 m . • , On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 510 Hillside Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: c` l al Estate Co dinator 1 V" The Patriot-News Co. 20%20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c?he ?latriot•Neu?s Now you know CARLISLE PA 17013 _ 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 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: 10/15/10 Sworn t"nd me this 1,0/day L_ ?/ Notary Public Aber, 2010 A.D. COMMONWEALTH OF PENNSYLVANIA 10122/10 10/29/10 i Notarial Sell Mer?1e L Kisrw, Notary Public Lower Paxton TWp., Dauphin County My Commhsion Expires Nov. 26, 2013 Member °Pnn sylvanla Assoclatinn -r Notar eF Cklu TOM t?MtwaN?rpt+ Mue Vas orAM R M ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of PearjWma, more particularly bounded and descmbetl as follows, to wit: BEGINNING at a point, the Southwest comer of Beacon Road, and Ht`f)Side Road-, thence along Hide Road, South 16 degrees 03 minutes Fast, a distance of eighty-six and eighty-seven hundredths (86.87) feet to a point; thence South 73 degrees 57 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 16 degrees 03 minutes Wass; a dutance oP forty-three and nine tenths (43.4) feet to the southerly fine of Beams Road; thetue along Beacon Road, North 54 degrees 15 minutes East, a distance of one hundred twenty-Seven and forty-six hundredths (127.46) feet to the westerly be of Hillside road, the place of BEGINNING. BEING THE SAME PREMISES BY DEED FROM LESLIE ANN KOCHER, SINGLE PERSON DATED 10I2fi/2006 AND RECORDED 11,101!2006 IN BOOK 277 PAGE 1906 GRNATED AND CONVEYED UNTO DONALD F MCDIFFTIT AND LINDA A. MCDIFFPIT, HUSBAND AND WIFE. TAX PARCEL N0: 25-24-0811-215 BEING KNOWN AS 510 HILLSIDE ROAD, NEW CLWERL01) PA 17070 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: October 22, October 29, and November 5, 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 Coyne, Ed or SWORN TO AND SUBSCRIBED before me this 5 day of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 I CUMBERLAND LAW JOURNAL Writ No. 2009-8816 Civil Citimortgage Inc. VS. Linda A. McDiffitt Donald F. McDiffitt Atty.: Michael McKeever ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the South- west comer of Beacon Road and Hillside Road; thence along Hillside Road, South 16 degrees 03 minutes East, a distance of eighty-six and eighty-seven hundredths (86.87) feet to a point; thence South 73 de- grees 57 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 16 degrees 03 minutes West, a distance of forty- three and nine tenths (43.9) feet to the southerly line of Beacon Road; thence along Beacon Road, North 54 degrees 15 minutes East, a distance of one hundred twenty-Seven and forty-six hundredths (127.46) feet to the westerly line of Hillside road, the place of BEGINNING. BEING THE SAME PREMISES BY DEED FROM LESLIE ANN KO- CHER, SINGLE PERSON DATED 10/26/2006 AND RECORDED 11/01/2006 IN BOOK 277 PAGE 1906 GRNATED AND CONVEYED UNTO DONALD F. McDIFFITT AND LINDA A. McDIFFITT, HUSBAND AND WIFE. TAX PARCEL NO: 25-24-0811- 215. BEING KNOWN AS 510 HILL- SIDE ROAD, NEW CUMBERLAND PA 17070. 83 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-8816 held December 8, 2010 EFFECTIVE DATE: December 8, 2010 PREMISES: 510 Hillside Road, New Cumberland, Borough of New Cumberland, Cumberland County, Pennsylvania, Tax Parcel No. 25-24-0811-215 (the "Premises") RECITAL: Being the same premises which Leslie Ann Kocher, single person, by her deed dated October 26, 2006 and recorded November 1, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 277, Page 1906, granted and conveyed unto Donald F. McDiffitt and Linda A. McDiffitt, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Mortgage in the amount of $35,380.00 from Donald F. McDiffitt and Linda A. McDiffitt to Mortgage Lenders Network USA, Inc., dated October 26, 2006 and recorded November 1, 2006 in Mortgage Book 1971, Page 1868. -2- 21. Mortgage in the amount of $141,520.00 from Donald F. McDiffitt and Linda A. McDiffitt to Mortgage Lenders Network USA, Inc. dated October 26, 2006 and recorded November 1, 2006 in Mortgage Book 1971, Page 1877, assigned January 21, 2010 in Instrument No. 201001801 to Citimortgage, Inc. 22. Mortgage in the amount of $24,000.00 from Donald F. M:cDiffitt and Linda A. McDiffitt to Pennsylvania Housing Finance Agency dated February 3, 2009 and recorded February 20, 2009 to Instrument No. 200904754. 23. Judgment against Linda A. McDiffit and Donald F. McDiffit in the amount of $160,095.93 in favor of Citimortgage, Inc. entered February 8, 2010, which amount was changed to $160,695.93 by the filing of a praecipe for writ of execution on June 29, 2010, docketed to No. 2009-8816. 24. Subject to the legal operation and effect of the difference in last names of the mortgagors identified in the mortgage in item 21, above and the last names of the defendants identified in the mortgage foreclosure action by Citimortgage, Inc. docketed to No. 2009- 8816. 25. Judgment against Linda A. McDiffitt and Donald F. McDiffitt in the amount of $8,482.53 entered August 20, 2008 in favor of Ford Motor Credit Company docketed to No. 2008- 2829. 26. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters appearing in Plan No. 2 of Rosemont recorded in Plan Book 1, Page 96. 27. Subject to the rights granted PPL in Misc. Book 126, Page 562. 28. Subject to the rights of others in and to those portions of the Premises lying within or adjoining Beacon Road and Hillside Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- Writ No. 2009-8816 Civil Citimortgage Inc. VS. Linda A. McDiffitt Donald F. McDiffitt Atty.: Michael McKeever ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the South- west comer of Beacon Road and Hillside Road; thence along Hillside Road, South 16 degrees 03 minutes East, a distance of eighty-six and eighty-seven hundredths (86.87) feet to a point; thence South 73 de- grees 57 minutes West, a distance of one hundred twenty (120) feet to a point; thence North 16 degrees 03 minutes West, a distance of forty- three and nine tenths (43.9) feet to the southerly line of Beacon Road; thence along Beacon Road, North 54 degrees 15 minutes East, a distance of one hundred twenty-Seven and forty-six hundredths (127.46) feet to the westerly line of Hillside road, the place of BEGINNING. BEING THE SAME PREMISES BY DEED FROM LESLIE ANN KO- CHER, SINGLE PERSON DATED 10/26/2006 AND RECORDED 11/01/2006 IN BOOK 277 PAGE 1906 GRNATED AND CONVEYED UNTO DONALD F. McDIFFITT AND LINDA A. McDIFFITT, HUSBAND AND WIFE. TAX PARCEL NO: 25-24-0811- 215. BEING KNOWN AS 510 HILL- SIDE ROAD, NEW CUMBERLAND PA 17070. EXHIBIT A 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 Chesapeake Loan Ser LLC is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 29th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 8816, at the suit of CitimortagL a Inc against Linda A & Donald F mcDiffitt is duly recorded as Instrument Number 201103306. 02 '17 day of IN TESTIMONY WHEREOF, I have here to set my hand