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Home My WebLink About04-3383GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 5000 = MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff vs. CHARLES J. SMEIGH Mortgagor(s) and Real Owner(s) 268 Carlisle Avenue Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. c?q-33PJ (Z1ui L `Tvu'? CIVIL ACTION: MORTQ1A6E FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 wanted that if you fail m 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 Imam Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE RAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO CUP LISTED, O SO ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI LISTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NO HFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE LISTED 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 PATEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE ON ABOGADO, VAYA O FLAME POR TELCFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERC CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, CSTA 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 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, 7467 New Ridge Road, Suite 222 Hanover, MD 21076. 2. The name(s) and address(es) of the Defendant(s) is/are CHARLES J. SMEIGH, 268 Carlisle Avenue, Enola, PA 17025, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On May 15, 2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1812 Page 3735. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due October 20, 2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $10,214.66 Interest from 09/20/2003 $1,311.40 through 07/31/2004 at 14.8400% Per Diem interest rate at $4.15 Reasonable Attorney Fees $1,250.00 Costs of suit and Title Search $900.00 $13,676.06 Title/ Appraisal Fee +$225.00 $13,451.06 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of $13,451.06, together with interest at the rate of $4.15, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: k LDBECK McCA?Y & McKEE BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Jana Gantt, 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 unswom falsification to authorities. Date: ?-'? -0 r Jana G LC CTTIF IAL SERVICES INC. It . 515 132 do liwe CORMWww Caeormffta Olmaa I On GRAY WO aid falrrlar {. SAr@" (NwQkaAW f0PARll4ofPAWbwj % ? 7'Y Wa W t?rAT71'pb. lar N ao wnkeMtl o[ 0M mA11 I ar 7boued Damn pl?40C) t•W ...s.tra DWld BWafArYa ast dr?+wlaa apNrMW.rNMwLL Rb'??a1Y1bMa014NJA; aeouYM4wr4trr e?Mfdd.n pnra fn now bow }?rrr is SW) id.oMtl44 patltf, ImnYni On rd IWnWAmdOmtthasibMe>teamlb?alurlaW.r?aNra.aeadrtamadd new AL4'19A'! 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HAVtNO strata Itialaoa t soon 0pf yrtlwoa bare a Tel CaeY1t A+ A+d+, ?A. rnzw m atfP JmlO om VAX= im Qaseoh" C"Wonm by Dad L thsil of naAw,Ytdcarm. ra grJ(t9ll»rnrwaoor7ol hps& d TOOB797ER dlkoR ad aYfuh Or MiOiMM Y fraaaumt bafR aaaa0. ?? 1? t abMmv d?Ik1AMt(etrlrYew.llt.Yrr.erdupfSwrr?rA"4!n . dwwAm Go Lk t, hww .llp mr.eQ .er??wa, dt4a ?imot?ro4skim d daarwhuavelfkMNrtdam6rwmUwrYNabgabdmrba?evoer4r.aC4. nd rarwr?ao.m/ymtfttmi lnXAVAAND710aAL0 m ed ? or Aw4 sr, m Am 2s 05-0071-0204598 REPRESENTATION OF PRINTED DOCUMENT 7107 8381 6540 0502 0670 EXHIBIT A? 91649 000021 CHARLES J SMEIGH 268 CARLISLE AVE ENOLA PA 17025 RE: Ciffinancial Loan#: 05-0071-0204598 Property Address: 268 CARLISLE AVE ENOLA PA 17025 ACT 91 NOTICE DATE OF NOTICE: April 14, 2004 TAKE ACTION OECLVOSURE R HOME FROM This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any 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 notification obtenga una traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvarsu casa de la perdida del derecho a redimir so hipoteca. Prepared by: CITIFINANCIAL, INC. 6010 FAIRVIEW ROAD CHARLOTTE NC 28210 INTERNET REPRINT A187m 05-0071-0204598 REPRESENTATION OF PRINTED DOCUMENT Date: April 14, 2004 Homeowners Name: CHARLES J SMEIGH Property Address: 268 CARLISLE AVE ENOLA PA 17025 Loan Account No.: 05-0071-0204598 Lender/Servicer: CITIFINANCIAL, INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 vroverty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a INTERNET REPRINT AWN 05-0071-0204598 REPRESENTATION OF PRINTED DOCUMENT complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to [Hake a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) 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: 268 CARLISLE AVE, ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments (including late charges) from 10/20/03 through present. (b) Other charges; Escrow, Inspections, NSF Check (c) TOTAL AMOUNT OF (a) and (b) REQUIRED AS OF THIS DATE $1430.00 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 $1430.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to CITIFINANCIAL, INC.,6010 FAIRVIEW ROAD,CHARLOTTE NC 28210 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 brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings we started against INTERNET REPRINT ..eru. 05-0071-0204598 REPRESENTATION OF PRINTED DOCUMENT 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, von will not be required to pav attornev'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 Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL, INC. Address: 6010 FAIRVIEW ROAD CHARLOTTE NC 28210 Phone Number: 900-525-2094 Contact Person: BRANCH MANAGER EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not 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. INTERNET REPRINT q,¢ro3 05.0071-0204598 REPRESENTATION OF PRINTED DOCUMENT YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If you are represented by an Attorney, please refer this letter to such Attorney and provide us with such Attorney's name, address and telephone number. To the extent your obligations have been discharged, or are subject to an automatic stay of bankruptcyorder under Title 11 of the United States Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation. INTERNET REPRINT A187N 05-0071-0204598 REPRESENTATION OF PRINTED DOCUMENT PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 INTERNET REPRINT A11712 N ? ? w ? -a ., 0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03383 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS SMEIGH CHARLES J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMEIGH CHARLES J the DEFENDANT , at 1850:00 HOURS, on the 14th day of July 2004 at 268 CARLISLE AVENUE ENOLA, PA 17025 by handing to CHARLES SMEIGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Affidavit .00 Surcharge 10.00 .00 39.84 Sworn and Subscribed to before me this /L `v day of C 4 P7 ?2 ot2?/ A.D. Prothonotary So Answers: R. Thomas Kline 07/15/2004 GOLDBECK MCCAFFERTY MCKEEVER By: ?t Sh iff GOLDBECK McCAFFERTY & McKEEVER 15Y: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW Plaintiff vs. CHARLES J. SMEIGH (Mortgagor(s) and Record owner(s)) 268 Carlisle Avenue Enola, PA 17025 ACTION OF MORTGAGE FORECLOSURE No. 04-3383 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, and against CHARLES J. SMEIGH for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $14,013.11. Joseph A. G( Attorney for I I hereby certify that the above names are correct and that the pre se 1Ve dence address of the judgment creditor is CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 and that the name(s) and last known address(es) of the Defendant(s) is/are CHARLES J. SMEIGH, 268 Carlisle Avenue Enola, PA 17025; GOLDBEC' A AFFERTY & McKEEVER BY: Jos( r dbeck, Jr. Attorney for i f ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 09/20/2003 through 08/27/2004 Reasonable Attorney's Fees Late Charges Costs of Suit and Title Search Title/ Appraisal Fee AND NOW, this 3 I day of $10,214.66 $1,423.45 $1,250.00 $0.00 $900.00 $225.00 $14,013.11 GOLDBECK] BY: Joseph A. Attorney for P & MCKEEVER J , 2004 damages are assessed as above. Pro Prothy ?..,, f 7 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, CHARLES J. SMEIGH, is about unknown years of age, that Defendant's last known residence is 268 Carlisle Avenue, Enola, PA 17025, 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: In the Court of Common Pleas of Cumberland County GITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff No. 04-3383 VS. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 Defendant(s) PRAECIPE FOR JUDGMENT 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 CHARLES L SMEIGH by default for want of an Answer. Assess damages as follows: Debt Interest - 09/20/2003 to 08/27/2004 Total (Assessment of Damages attached) $14,013.11 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and ate t teµ days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 } Joseph A. Go J . Attorney for E, ti 1.13, #16132 AND NOW R/??] 3 CCNI , J dgment is entered in favor of CITIFINANCIAL SERVICES IlAC., A PENNSYLVANIA CORPORATION, ATTO Y IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION and against CHARLES L SMEIGH by default for want of an Answer and damages assessed in the sum of $14,0`11 1 as per the above certifica Prothonotary THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 4, 2004 TO: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 In the Court of CITIFINANCIAL SERVICES INC., A PENNSYLVANIA Common Pleas CORPORATION, ATTORNEY IN FACT FOR BLAZER of Cumberland County CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION CIVIL ACTION - LAW 7467 New Ridge Road Suite 222 Action of Hanover, MD 21076 Mortgage Foreclosure Plaint VS. Term CHARLES J. SMEIGH No. 04-3383 (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 Defendant(s) TO: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 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 Libeny Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Q O vl r ? ey r.: n, ?a PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) No. 04-3383 268 Carlisle Avenue Enola, PA 17025 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 09/20/2003 to 08/27/2004 at 14.8400% (Costs to be added) BY: Jose Attorney fh't?la.nti T U t $14,013.11 & McKEEVER Jr. 70 J* ? ?, ? w tea. rz) m V Gil Om L- a?a a oo O F aUoo?- ? M ? aw? 'J U ? F W ai U z o zoU Ho UU z 0 n V ? '?' Vl W ? b ?N r w ? a o ? W 0 O w G ? a i ".Gbw ?G n Z U 'V ?w w?a?N G T b W F d . oQ ?Y?a a?? ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CARLISLE AVENUE, SAID POINT BEING 154 FEET, MORE OR LESS, SOUTH THE SOUTHEAST CORNER OF THE INTERSECTION OF SAID CARLISLE AVENUE AND CHURCH STREET, SAID CHURCH STREET NOW BEING KNOWN AS SHADY LANE; THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF LOT NUMBER 14 A DISTANCE OF 150 FEET MORE OR LESS, TO A POINT ON THE WESTERN LINE OF A PUBLIC ALLEY; HTENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF SAID PUBLIC ALLEY, A DISTANCE OF 100 FEET, MORE OR LESS, TO A POINT ON THE NORTHERN LINE OF LOT NUMBER 17; THENCE WESTERLY ALONG THE NORTHERN LINE OF SAID LOT NUMBER 17, A DISTANCE OF 150 FEET MORE OR LESS, TO A POINT ON THE EASTERN LINE OF AFOREMENTIONED CARLISLE AVENUE; THENCE IS A NORTHEAST DIRECTION ALONG THE EASTERN LINE OF SAID CARLISLE AVENUE, A DISTANCE AT 100 FEET, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. BEING ALL OF LOTS NUMBERED 15 AND 16 IN BLOCK "B" ON THE PLAN OF LOTS IN ENOLA TERRACE; SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 3. HAVING THEREON ERECTED A RANCH-TYPE RESIDENCE KNOWN AS 268 CARLISLE AVENUE, ENOLA, PA 17025. BEING TAX PARCEL NO. 09-12-1002-224 SUBJECT TO MORTGAGE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3383 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC., A PENSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff (s) From CHARLES J. SMEIGH (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 gamishee(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 $14,013.11 Interest FROM 9/20/03 TO 8/27/04 AT 14.8400% Atty's Comm % Atty Paid $121.84 Plaintiff Paid Date: AUGUST 31, 2004 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: . ny Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy CCCC Supreme Court ID No, 16132 Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. I 1 I S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION IN THE COURT OF 7467 New Ridge Road COMMON PLEAS Suite 222 Hanover, MD 21076 of Cumberland County Plaintiff vs. CIVIL ACTION - LAW CHARLES J. SMEIGH ACTION OF Mortgagor(s) and Record Owner(s) MORTGAGE FORECLOSURE 268 Carlisle Avenue Enola, PA 17025 Defendant(s) NO. 04-3383 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A. ck, Jr. Attorney fc 4a tiff F ? r _- -s f 7 O --t ?y J . Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. I 1 I S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY. A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 04-3383 CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 268 Carlisle Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: RANDALL R. SMEIGH 903 PIKETOWN ROAD HARRISBURG, PA 17112 BLAZER CONSUMER DISCOUNT CO 9-A NORTH PROGRESS AVENUE HARRISBURG, PA 17109 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 268 Carlisle Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or 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: August 27, 2004 GOLDBECK RIY & McKEEVER BY: Joseph A. G ) e Jr., Esq. Attorney for Pla'aWf U Ss T ^!l .. nln? D. C- __ _t. l?ll 04-3383 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Plaintiff Defendant(s) Term No. 04-3383 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: SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Your house at 268 Carlisle Avenue, Fools, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $14,013.11 obtained by CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 04-3383 I. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 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. 3. You may also be able to stop the sale through other legal proceedings. 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 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 n ? n ?` ?? -3? s? ? , ?, m ? .J? - ?? ? " :? -r a? ; . `}?) ? ? ? ci ; _? Citifinancial Services Inc. a Pennsylvania In The Court of Common Pleas of Corporation, Attorney in Fact for Blazer Cumberland County, Pennsylvania Consumer Discount Company, A Writ No. 2004-3383 Civil Term Pennsylvania Corporation VS Charles J. Smeigh Michael Barrick, Deputy Sheriff, who being duly sworn according to law, sta es that on September 14, 2004 at 12:57 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Charles J. Smeigh, by making known unto Charl s Smeigh, personally, at 268 Carlisle Ave., Enola, Cumberland County, Pennsylvania, is contents and at the same time handing to him personally the said true and correct cop y of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states t on October 07, 2004 at 2:52 o'clock P.M., he posted a true copy of the within Real E Writ, Notice, Poster and Description, in the above entitled action, upon the property Charles J. Smeigh located at 268 Carlisle Avenue, Enola, Pennsylvania, according to R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within nam defendant, to wit: Charles J. Smeigh, by regular mail to his last known address of 261 Carlisle Avenue, Enola, PA 17025. This letter was mailed under the date of October 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs Docketing 30.00 Poundage 14.41 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 23.68 Levy 15.00 Surcharge 20.00 Law Journal 288.65 Patriot News 261.37 Share of Bills 30.42 Postpone Sale 20.00 $735.03 Sworn and subscribed to before me This -J?- day of j1?- 2005, A.D. Protho rotary S ,yrPrt,[ R. Thomas Kline, Sheriff fR. Thomas Kline, Sheriff BY ?j 6 Real Estatd eputy Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CTTIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff VS. IN THE COURT OF COMMON of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 Defendant(s) No. 04-3383 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FO BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff in the above a tion, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was file the following information concerning the real property located at: 268 Carlisle Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CHARLES J. SMEIGH 268 Carlisle Avenue Enota, PA 17025 2. Name and address of Defendant(s) in the judgment: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: RANDALL R. SMEIGH 903 PIKETOWN ROAD HARRISBURG. PA 17112 BLAZER CONSUMER DISCOUNT CO 9-A NORTH PROGRESS AVENUE HARRISBURG, PA 17109 5. Name and address of every other person who has any record interest in or record lien on the property and may be affected by the sale: interest 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in I 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 propty which may be affected by the sale. TENANTS/OCCUPANTS 268 Carlisle Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowled e or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S ction 4904 relating to unswom falsification to authorities. DATED: August 27, 2004 BY: Joseph A. e Jr., Esq. Attorney for Pla f I 04-33 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Plaintiff Term No. 04-3383 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: SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Your house at 268 Carlisle Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rut 2nd FL Courthouse to enforce the court judgment of $14,013.11 obtained by CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOU COMPANY, A PENNSYLVANIA CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOU COMPANY, A PENNSYLVANIA CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgme the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance will have of stopping the sale. (See notice below on how to obtain an attorney). EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder, You may fin 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 fine 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 thirty (30) days from the date of t 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 file 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 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 I FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNS4P OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLV NIA, BEING BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CARLISLE AVENUE, SAID POINT BEING 154 FEET, MORE OR LESS, SOUTH THE SOUTHEAST CORNER O THE INTERSECTION OF SAID CARLISLE AVENUE AND CHURCH STREET, SAID CH CH STREET NOW BEING KNOWN AS SHADY LANE; THENCE IN AN EAST RLY DIRECTION ALONG THE SOUTHERN LINE OF LOT NUMBER 14 A DISTANCE F 150 FEET MORE OR LESS, TO A POINT ON THE WESTERN LINE OF A PUBLIC A LEY; HTENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF SAID PUBLIC ALLEY, A DISTANCE OF 100 FEET, MORE OR LESS, TO A POINT O THE NORTHERN LINE OF LOT NUMBER 17; THENCE WESTERLY ALONG THE NORTHERN LINE OF SAID LOT NUMBER 17, A DISTANCE OF 150 FEET MORE OR LESS, TO A POINT ON THE EASTERN LINE OF AFOREMENTIONED CAR ISLE AVENUE; THENCE IS A NORTHEAST DIRECTION ALONG THE EASTERN L E OF SAID CARLISLE AVENUE, A DISTANCE AT 100 FEET, MORE OR LESS, TO A P INT, THE PLACE OF BEGINNING. BEING ALL OF LOTS NUMBERED 15 AND 16 IN BLOCK "B" ON THE PLAN OF OTS IN ENOLA TERRACE; SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BO K 1, PAGE 3. HAVING THEREON ERECTED A RANCH-TYPE RESIDENCE KNOWN AS? 268 CARLISLE AVENUE, ENOLA, PA 17025. BEING TAX PARCEL NO. 09-12-1002-224 SUBJECT TO MORTGAGE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3383 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC., A PENSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff (s) From CHARLES J. SMEIGH (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defends (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 garnishee and is enjoined as above stated. Amount Due $14,013.11 Interest FROM 9/20/03 TO 8/27/04 AT 14.8400% Atty's Comm % Arty Paid $121.84 Plaintiff Paid Date: AUGUST 31, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEE VER SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 16132 Real Estate Sale #34 On September 01, 2004 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 268 Carlisle Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2004 By: j6 d vw l Real Estate Deputy CO r u U' C? Gi„ 7 REAL ESTATE SALE No. 34 Writ No. 2004-3383 CIvIITerm ClI inancial Services, Inc., A Pennsylvania Corporation, Attorney In Fact for Blew Consumer Discount Co., A Pennsylvania Corporation Vsi Charles J. Smeiggh Atty: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN piece of parcel of land sitam- in the Toatisbip of East Pengsbom, County of Cumberland and State of Pemsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Carlisle Avenue, said point being 154 feet, more or. less,. south die Southeast comer of the intersection of said Carbide Avenue and Church Street, said Chmcb Street now being lamm as - Shady Lane; thence m an Easterly direction along. die southem line of lot Number 14 a distance of 150 feet more or leas, to a point an the wester line of a public alley; thence in a southerly direction along due Western line of said pubic alley, a distance of 100. feet, more or less, to a point on the northem line of Lot Number 17; thence westerly along the northern line of said Lot Number 17, a distance of 150 feet more or less; to a point on-die eastern line of aforementioned of Deeds to and for Cackerland County in Place Book 1, Page 3. HAVING THEREON erected a ranch-type residence kmown as 268 Carlisle Avenue, Enola, PA 17025. BEING Tax Paul #09-I2-1002-224. REAL ESTATE SALE NO. 34 Writ No. 2004-3383 Civil Citifinancial Services Inc., a Pennsylvania Corporation, Attorney in Fact for Blazer Consumer Discount Company, a Pennsylvania Corporation vs. Charles J. Smeigh Atty.: Joseph Goldbeck SUBJECT TO MORTGAGE ALL THAT CERTAIN piece or par- cel of land situate in the Township of East Pennsboro, County of Cum- berland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Carlisle Avenue, said point being 154 feet, more or less, South the southeast corner of the intersection of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an easterly direc- tion along the southern line of Lot Number 14 a distance of 150 feet more or less, to a point on the west- em line of a public alley; htence in a southerly direction along the west- ern line of said public alley, a dis- tance of 100 feet, more or less, to a point on the northern line of Lot Number 17; thence westerly along the northern line of said Lot Num- ber 17, a distance of 1.50 feet more or less, to a point on the eastern line of aforementioned Carlisle Av- enue; thence is a northeast direc- tion along the eastern line of said Carlisle Avenue, a distance at 100 feet, more or less, to a point, the place of beginning. BEING all of lots numbered 15 and 16 in Block "B" on the Plan of Lots in Enola Terrace; said Plan be- ing recorded in the Office of the Re- corder of Deeds in and for Cum- berland County in Plan Book 1, Page 3. HAVING THEREON ERECTED A ranch-type residence known as 268 Carlisle Avenue, Enola, PA 17025. BEING TAX PARCEL NO. 09-12- 1002-224. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 04-3383 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 09/20/2003 to 08/27/2004 at 14.8400% $14,013.11 (Costs to be added) BY: Joseph. Attorney for & McKEEVER w v' a 0.x1 d 0 0 ? Qu 00 o po z U zF x >o?'?¢ H" w ?z? O O F O U U >- c• v ? -r ?T L11 v ? N _ v ' O a u O N W ? ? N Iv Q W 0 > ? b .t.?,. 0.. W [ l N tp N 5 O ?N W U? t w o o . ? W 9 v rl) vc >y? N 0l w w n ? C N bW > y?,vv? . `?. 4 b , (? "'"' w q F1. N a O G? O 0. N a o x ? C 7 N \J V V W U ? ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF CARLISLE AVENUE, SAID POINT BEING 154 FEET MORE OR LESS, SOUTH OF THE, SOUTHEAST CORNER OF THE INTERSECTION OF SAID CARLISLE AVENUE AND CHURCH STREET, SAID CHURCH STREET NOW BEING KNOWN AS SHADY LANE. TI IENCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF LOT NO. 14 A DISTANCE OF 150 FEET MORE OR LESS, TO A POINT ON THE WESTERN LINE OF A PUBLIC ALLEY; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF SAID PUBIC ALLEY, A DISTANCE OF 100 FEET MORE OR LESS, TO A POINT ON THE NORTHERN LINE OF LOT 17; THENCE WESTERLY ALONG THE NORTHERN LINE OF SAID LOT NO. 17, A DISTANCE OF 150 FEET MORE OR LESS, TO A POINT ON THE EASTERN LINE OF AFOREMENTIONED CARLISLE AVENUE; THENCE IN A NORTHERLY DIRECTION ALONG THE EASTERN LINE OF CARLISLE AVENUE, A DISTANCE OF 100 FEET MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A RANCH TYPE RESIDENCE KNOWN AS 268 CARLISLE, AVENUE, ENOLA, PA 17025. Su WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3383 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff (s) From CHARLES J. SMEIGH (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 $14,013.11 L.L. Interest FROM 9/20/03 TO 8/27/04 AT 14.8400% Arty's Comm % Due Prothy $1.00 Arty Paid $869.37 Other Costs Plaintiff Paid Date: MAY 12, 2005 CURTIS R. LONG Prothonotary (Seal) By Deputy(. REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever FAY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Enola, PA 17025 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 04-3383 CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 268 Carlisle Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 3. Name and last (mown address of every judgment creditor whose judgment is a record lien on the property to be sold: East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: RANDALL R. SMEIGH 903 PIKETOWN ROAD HARRISBURG, PA 17112 BLAZER CONSUMER DISCOUNT CO 9-A NORTH PROGRESS AVENUE HARRISBURG. PA 17109 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 268 Carlisle Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or 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: May 9, 2005 GOLDBEC Mc TY & McKEEVER BY: Joseph A. o c , ., Esq. Attorney for Plainti -, ? =;, .? -r_ -rt iS1 ?? ?? ?.iCr ?,,, ? 1 N ' ? -? =- ;C ,:. cn ?a ?? .: ?+, ?.n ..., _ 4J Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 04-3383 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. ,?, ?, c` ,°" . <. ? -ri . Jj. . t 1?. ?-- v `°? ? , -, , ? N, - i`i ?n 4-• 04-3383 r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN THE COURT OF COMMON PLEAS IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATIOI 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Plaintiff Term No, 04-3383 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: SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Lnola, PA 17025 Your house at 268 Carlisle Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $14,013.11 obtained by CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 04-3383 r 1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, the back payments, late charges, costs and reasonable attomey's fees due. To find out how much you must pay call: 215-627-1322 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. 3. You may also be able to stop the sale through other legal proceedings. 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 maybe 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Y7 iT. rn .0 USBC PAM - LIVE - V2.6 - Docket Report Page 1 of 4 W CREDS U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:04-bk-07235-MDF Assigned to: Mary D France Chapter 13 Previous chapter 7 Voluntary Asset Date Filed: 12/06/2004 Date Converted: 04/05/2005 Charles J Smeigh 268 Carlisle Avenue Enola, PA 17025 SSN: xxx-xx-3568 Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 717 566-6097 Trustee Markian R Slobodian (Trustee) 801 North Second Street Harrisburg, PA 17102 717 232-5180 TERMINATED: 0410512004 Former Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst U.S. Trustee represented by Deborah A. Hughes PO BOX 961 HARRISBURG, PA 17108 717 651-1772 Filing Date # Docket Text 12/06/2004 1 Chapter 7 Voluntary Petition. Missing schedules, statements, creditor matrix. Filing fee due in the amount of $ 209.00 Filed by Deborah A. Hughes on behalf of Charles J Smeigh . (RCP) Additional attachment (s) added on 4/12/2005 (DR). (Entered: 12/06/2004) 12/06/2004 2 Motion to Extend Time Filed by Deborah A. Hughes on behalf of Charles J Smeigh . (RCP) (Entered: 12/06/2004) 12/06/2004 Receipt of New Voluntary Petition Filing Fee, Chapter 7 - $209.00 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?6401 6448 1 5 5 95 63-L 82 0-1 4/19/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 2 of 4 Receipt Number: 00615825. (By CReg by RP) (RE: related document 1) (Entered: 12/07/2004) 12/09/2004 Trustee Markian R Slobodian (Trustee) added to case.. (There is no image or paper document associated with this entry.) Filed by United States Trustee. (united states trustee(rm), ) (Entered: 12/09/2004) 12/10/2004 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE.. 1/14/2005 at 08:30 AM. (DB) (Entered: 12/10/2004) 12/14/2004 3 Order Granting Motion to Extend Time until January 16, 2005 to file required documents. (RE: related document(s) [2] ). (Attachments: # 1 Certificate of Service) (RCP) (Entered: 12/14/2004) 12/29/2004 4 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Citifinancial Inc.. (Attachments: # 1 Proposed Order) (Entered: 12/29/2004) 12/29/2004 Receipt of Motion for Relief From Stay(1:04-bk-07235-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 815055, amount $ 150.00. (U.S. Treasury) (Entered: 12/29/2004) 12/30/2004 5 Order (RE: related document(s)4 ). Answers are due on: 1/14/2005. Hearing scheduled for 1/26/2005 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (SP) (Entered: 12/30/2004) 01/03/2005 6 Certificate of Service Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Citifinancial Inc. (RE: related document(s)5 4 ). (Puida, Leslie) (Entered: 01/03/2005) 01/05/2005 7 Schedules A-J , Statement of Disclosure of Compensation of Attorney for Debtor, Statement of Financial Affairs , Statement of Intentions , Summary of Schedules Filed by Deborah A. Hughes on behalf of Charles J Smeigh (RE: related document(s) I ). (DD) Additional attachment(s) added on 4/12/2005 (DR). (Entered: 01/06/2005) 01/05/2005 8 Matrix filed/Creditor List Uploaded Filed by Deborah A. Hughes on behalf of Charles J Smeigh (RE: related document(s)1 ). (DD) (Entered: 01/06/2005) 01/12/2005 9 Answer Filed by Deborah A. Hughes on behalf of Charles J Smeigh (RE: related document(s)4 ). (DB) (Entered: 01/13/2005) 01/19/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?640 1 6448 1 55 9563-L 82 0-1 4/19/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 3 of 4 CHANGE.. 2/11/2005 at 08:30 AM. (DB) (Entered: 01/19/2005) 01/19/2005 10 Request to BNC - Meeting of Creditors . 341(a) meeting to be held on 2/11/2005 at 09:30 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA Last day to oppose discharge or dischargeability is 4/12/2005 (DB) (Entered: 01/19/2005) 01/21/2005 1.1 BNC Certificate of Mailing. (RE: related document(s) 10 ). Service Date 01/21/2005. (Admin.) (Entered: 01/22/2005) 01/26/2005 12 Proceeding Memo: Hearing held on Motion of Citifinancial Mortgage Co. for relief from stay. Debtor to convert to Chapter 13 within 10 days or Motion will be granted. Order to be entered. (RE: related document(s)5 4, 9). (EW) (Entered: 01/26/2005) 01/28/2005 13 Order that Debtor convert case to Chapter 13 by February 7, 2005 or Stay to be lifted.(RE: related document(s) 12, 4 ). (Attachments: # 1 Certificate of Service) (SP) (Entered: 01/28/2005) 02/16/2005 14 Certification that 341 Meeting of Creditors (Ch. 7) Not Held on 02/11/05. To be Rescheduled for Debtor. (There is no image or paper document associated with this entry.). (slobodianoh), Markian) (Entered: 02/16/2005) 02/25/2005 15 Request to BNC - Meeting of Creditors Rescheduled. 341(a) meeting to be held on 3/22/2005 at 01:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, l Ith Fl, 228 Walnut St, Harrisburg, PA. (DB) (Entered: 02/25/2005) 02/27/2005 16 BNC Certificate of Mailing. (RE: related document(s)15 ). Service Date 02/27/2005. (Admin.) (Entered: 02/28/2005) 03/01/2005 17 Certificate of Default Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of Citifrnancial Inc. (RE: related document(s)4 ). (Attachments: # 1 Proposed Order # 2 Certificate of Service) (Puida, Leslie) (Entered: 03/01/2005) 03/02/2005 18 Order Granting Relief from Stay per Certificate of Default by Movant (RE: related document(s)17 4, 13 ). (Attachments: # 1 Certificate of Service) (SP) (Entered: 03/02/2005) 03/29/2005 19 Certification that 341 Meeting of Creditors Held (Ch. 7) on 03/22/05. Trustee's Report of No Distribution: Trustee requests discharge and certifies under FRBP 5009: the estate has been fully administered; I have neither received nor distributed any non-exempt property; I have diligently inquired about the debtor(s) financial affairs and location of estate property. The estate has no non-exempt property to distribute. https://eef.pamb.uscourts.gov/cgi-bin/DktRpt.p17640164481559563-L_82_0-1 4/19/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 4 of 4 (There is no image or paper document associated with this entry.). (slobodian6h), Markian) (Entered: 03/29/2005) 04/04/2005 20 Motion to Convert Case to Chapter 13 Filed by Deborah A. Hughes on behalf of Charles J Smeigh (RE: related document(s) I . (SP) (Entered: 04/05/2005) 04/04/2005 21 Final Report and Statement of Post-Petition Debts Filed by Deborah A. Hughes on behalf of Charles J Smeigh . (SP) (Entered: 04/05/2005) 04/05/2005 22 Order Converting Case to Chapter 13. Trustee Charles J. DeHart, III (Trustee) added to the case. (RE: related document(s) I ). (SP) (Entered: 04/06/2005) 04/05/2005 23 Chapter 13 Plan Filed by Deborah A. Hughes on behalf of Charles J Smeigh (RE: related document(s)22 ). (DD) (Entered: 04/06/2005) 04/06/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 5/19/2005 at 09:00 AM. (SP) (Entered: 04/06/2005) 04/12/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 5/26/2005 at 09:00 AM. (DP) (Entered: 04/12/2005) PACER Service Center Transaction Receipt 04/19/2005 11:14:38 PACER ClienC Login: a0060 Code: 1:04-bk-07235-MDF Fit or Ent: Docket Search Fil Doc From: 0 Doc To: Description: Report Criteria: 99999999 Term: y Links: n Format: HTMLfmt Billable e P : J Cost: 0.16 ag s https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?640164481559563-L_ 820-1 4/19/2005 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Charles J. Smeigh Debtor CITIFINANCIAL MORTGAGE CO. INC. Moving Party VS. Charles J. Smeigh Markian R. Slobodian Esq. Debtor Trustee ORDER CHAPTER? NO. 04-bk-07235-MDF 11 U.S.C. Section 362 AND NOW, at Harrisburg, in said district, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. Section 362, is modified to allow CITIFINANCIAL MORTGAGE CO. INC. and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 268 Carlisle Avenue Enola, PA 17025 and a possessory action if necessary. BY THE COURT, 7. Ban m[HO judge (Ew) ` Date: March 2, 2005 This electronic order is signed and filed on the same date. Citifinancial Services, Inc. et al VS Charles J. Smeigh In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3383 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph A. Goldbeck. Sheriff's Costs Docketing 30.00 Surcharge 20.00 Poundage 1.54 Levy 15.00 Mileage 11.10 Prothonotary 1.00 $ 78.64 Sworn and subscribed to before me So ?}'?e ? This-WW dayof 7? R. Thomas Kline, Sheriff 2005, A.D:? ?d BY? ??2tzd2.? Prothonotary Real FfAate Deputy x.06 C`ygR?! JCu . % 4 VWe Uoldbcck Nlc('afferty & McKeever HY: Joseph A. (wldbeck, Jr. Attorney I.D. 4)6132 Suite 5000 Mcllon Independence Center 701 Market Street Philadelphia. PA 19t06-1532 215-627-1322 Attorney for Plaintiff (THFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY" IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY. A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH (Mortgagor(s) and Record Owner(s)) 268 Carlisle Avenue Fnola, PA 17025 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULF 3129 No. 04-3383 CI"FIFINANCIAL SERVICES INC.. A PENNSYLVANIA CORPORATION, AT TORNLY IN FACE FOR BI A7TR CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiffl in the abo,,c action, by ita attornev. Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praccipe for the writ of execution wus filed the tollmutng information concerning the real property located at: 268 Carlisle Avenue Enola, PA 17025 I.Name and address of Owner(s) or Reputed Owner(s): CHARLES J. SMEIGH 268 Carlisle Avenue Enola. PA 17025 2. Name and address of Defendant(s) in the judgment: CHARLES J. WEIGH 268 Carlisle Avenue Enola, PA 17025 3. Name and last known address of evcryjudgment creditor whosejudgment is a record lien on the property to be sold: East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 DOMESTIC RELATIONS OF CUMBERLAND COUNTY IN THE COURT OP COMN-ION PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PO Box 320 Carlisle. PA 17013 PA DI-PAR fMENT OF PUBLIC WI.it ARF - Bureau ol'Child Support 1[n(ivecnient health and Wcharc Bldg. - Roym 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of cvcrY mortgage of record: RANDAI.1, R. SMEIGH 003, PIKE TOWN ROAD ILARRISBURG.PA 17112 BLAZER CONSUMER DISCOUNI CO 9-A NORTH PROGRESS AVENUE HARRISBURG, PA 17109 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/OCCUPAN"IS 268 Carlisle Ai-cnue Enola. PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statancnts herein are made subject to the penalties of IS Pa. C_S. Section 4904 relating to unswom falsification to auihoritics. DATED: May 9, 2005 GOI.DBEC M4.1 PY & McKLEVEK BY: Joseph A. c , ., Esq. Attorney for Ptainti 04-3383 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attemey for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN THE COURT OF COMMON PLEAS IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATIOI 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH Mortgagor(s) and Record Owner(s) 268 Carlisle Avenue Enola, PA 17025 Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-3383 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: SMEIGH, CHARLES J. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Your house at 268 Carlisle Avenue, Enota, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07, 2005, at 10:00 AM, in Commissioners Hearing Rut 2nd FL Courthouse to enforce the court judgment of $14,01111 obtained by CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 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: 04-3383 I. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY. A PENNSYLVANIA CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 M[,TI A I t"ERTAIN PIECE OR PARCLP. OF LAND SIII A 1 F 1N THE TOWNSl tIP OF t:AS'l NI ?N513C7R0, COUN"1'1' OI CIiMI3G12LANll AND S'TA t E OF PF'NNSYLVANi A_ BEING Bt)INDED AND DESCRIBED .AS FOLLOWS: BFGINNiNCi AT A POINT ON THE EAS"LEAN LINE. OF CARLISLE AVENI `F:. SAID POINT B1 ING 154 FEET MORE OR LESS, SOUTH OF I'HE SOI;THEAST CORNER OF THE IN I ERSEC'TION OF SAID CARLISLE AVENUE AND CHURCH STREFT. SAID CHURCH S'l R1 E T NOW BEING KNOWN AS SHADY I_ANF, FHVNCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF LOT NO. 14A DIS FAiNCE OF 150 FEET MORE OR LESS, TO A POINT ON THE WESTERN LINE OF A PUBLIC ALLEY: THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF SAID PUBIC ALLEY, A DISTANCE OF 100 FEET MORE OR LESS, TO A POINT ON THE NORTHERN LINE OF LOT 17; THENCE WESTERLY ALONG THE NORTHERN LINE OF SAID LOT NO. 17, A DIS'T'ANCE OF 150 FEET MORE OR LESS, TO A POINT ON THE EASTERN LINE OF AFOREMENTIONED CARLISLE AVENUE; THENCE IN A NORTHERLY DIRECTION ALONG THE EASTERN LINE OF CARLISLE AVENUE, A DISTANCE OF 100 FEET MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. I IAVING THEREON ERECT'E'D A RANCI TYPE RF:SIDENC'I KNOWN AS '_(i CARLISLE AV FNUL, ENOLA, PA 17025. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3383 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION, Plaintiff (s) From CHARLES J. SMEIGH (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 gamishee(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 $14,013.11 Interest FROM 9/20/03 TO 8/27/04 AT 14.8400% Any's Comm % Atty Paid $869.37 Plaintiff Paid Date: MAY 12, 2005 (Seal) L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: ,-.a ?. w6zae 9. Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #45 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Permsboro Township, Cumberland County, PA Known and numbered as 268 Carlisle Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2005 By:,,JCCL 5rv-a ? Real Estate Deputy ?a GOLDBECK WCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 vs. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 04-3383 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. MICHAEL T. MCKEEVER, ESQUIRE r?+ _ -?, ` `.=? ,?=? =a ? „? ... ,??; f :.?-, ._ ? rs ;: s.. 'w;;- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC., A PENNSYLVANIA CORPORATION, ATTORNEY IN FACT FOR BLAZER CONSUMER DISCOUNT COMPANY, A PENNSYLVANIA CORPORATION 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff VS. CHARLES J. SMEIGH 268 Carlisle Avenue Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 04-3383 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. JJ- fL 4 MICHAEL T. MCK V R, E QUI E _ us « `?