HomeMy WebLinkAbout05-0087
GOLDBECK McCAFFERTY & McKEEVER
By: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 500Q - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
CITIFINANCIAL MORTGAGE CO. INC.
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019
OF Cumberland COUNTY
CNIL ACTION - LAW
Plaintiff
vs.
PAULA A. GAFFNEY
Mortgagor and Real Owner
929 Susan Circle
Enola, PAl 7025
ACTION OF MORTGAGE FORECLOSURE
Term
No. O~ -17
c'o~ l
'T€p-",\
CIVIL ACTION: MORTGAGE
NOT ICE FO~ECL08UM
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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Defendant
LEGAL SERVICES INC
8 Irvine Row
Carlisle, P A 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIT A, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMAND ANTE 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 IMPORT ANTES.
U&TED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, P A 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty Avenue
Carlisle,PA 17013
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.
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 SA VE 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 Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your
neighborhood.
3). Visit HUD'S website www.hud.gov/offices/hsg/sfh/econlecon.cfm for Help for Homeowners Facing
the Loss of Their Homes.
4). Call your lender and ask to speak to someone about Loss Mitigation or Home Retention options.
5). Call or contact our office to request the amount to bring the account current, or payoffthe mortgage
or request a Loan Workout I Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358
or fax 215-825-6429 or 215-825-6458. 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 Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825-
6418. Please reference our Attorney File Number ofCITX-0559.
Para informacion en espanol puede communicarse con Loretta aI215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is CITIFINANCIAL MORTGAGE CO. INC., 1111 Northpoint Drive, Building 4, Suite 100
Coppell, TX 75019.
2. The name and address of the Defendant is PAULA A. GAFFNEY, 929 Susan Circle, Enola, P A 17025,
who is the mortgagor and real owner of the mortgaged premises hereinafter described.
3. On May 14, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter
described to OLD CORNERSTONE FINANCIAL, LLC, which mortgage is recorded in the Office of
the Recorder of Deeds of Cumberland County as Book 1866 Page 413. The mortgage has been assigned
to: CITIFINANCIAL MORTGAGE CO. INC. by Assignment of Mortgage, which is being lodged for
recording. 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".
5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due
July 01, 2004, 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
Interest from 06/0112004
through 01/31/2005 at 7.9900%
Per Diem interest rate at $32.40
Reasonable Attorney's Fee
If the Mortgage is reinstated prior to a Sheriff's Sale the
Attorney's Fees may be less than this amount based on
work actually performed. The Attorney's Fees requested
are in conformity with the Mortgage and Pennsylvania
law. Plaintiff reserves its right to collect Attorney's fees
of up to 5% of the remaining principal balance ($7,300.00)
in the event the Property is sold to a third party purchaser
at Sheriff's Sale or ifthe complexity ofthe action requires
additional fees in excess of the amount demanded in the
Action.
Costs of suit and Title Search
$146,000.00
$7,938.00
$1,250.00
$900.00
$156,088.00
7. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant
in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists.
If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action
of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was
discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to
Pennsylvania law.
8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "8". The Defendant has not had the required face-to-face meeting within the
required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $156,088.00,
together with interest at the rate of $32.40, per day and other expenses incurred by the Plaintiff which are
properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure
ofthe Mortgage and Sheriffs Sale of the Property.
B)I/Wd /\.
Lf GOLr~~~ Me AFFERTY & MeKEEV~
"By: JOSEPH A. GOLDBECK, JR., ESQUIRE
A TIORNEY FOR PLAINTIFF
VERIFICATION
I,
, as the representative of the Plaintiff corporation within
named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: 1- ,.-0S-
-\'Lo,~u \.k.vQ",
CITIFINANCIAL MORTGAGE ~. INC.
'E~liiji t .9l
Date: 5/13/04
TIme: 4:36:49 PM
e
e
Order Number: 000020698
Re: Paula A. Gaffney
929 SUSAN CIRCLE
ENOLA, PA 17025
CUMBERLAND County
EXHIBIT 'A'
ALL THAT CERTAIN tract or parcel of land, in East Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point of intersection of the northern line of the cuI de
sac of Susan Circle and the line adjoiner between Lots 36 and 37 on the
hereinafter mentioned plan of lots; thence along said cuI de sac
measured in a southwesterly direction on a curve to the left having a
radius of fifty feet and an arc distance of fifty feet to a point on
the extreme northeastern corner of Lot No. 35 on said Plan; thence
North 85 degrees 8 minutes West along the line of adjoiner between Lots
35 and 36 on the said Plan a distance of 123.84 feet to a point on the
eastern line of lands now or late of Maynard Sheaffer; thence North 5
degrees 14 minutes West along said eastern line of lands a distance of
37.51 feet to a point; thence continuing along same North 8 degrees 13
minutes East a distance of 94.59 feet to a point; thence North 84
degrees 46 minutes East a distance of 82.54 feet to a point on the
northwestern corner of Lot 37 on said Plan; thence South 27 degrees 50
minutes East along the line of adjoiner between Lots 36 and 37 on said
Plan a distance of 123.29 feet, to the place of BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 929 Susan
Circle, Enola, Pennsylvania.
BEING Lot No. 36 on Plan No. 3 Section C of Penn Heights as recorded in
Cumberland County Recorder of Deeds Office in Plan Book 20, page 48.
Page: 6 of 6
Order Number 000020698
T,~liijit ~
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
November 3, 2004
TO: Paula A. Gaffney
929 Susan Circle
Enola, P A 17025
THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortgage on your home is in default and the lender intends to foreclosure.
Specific information about the nature of the default is provided in the attached paJ!;es.
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 ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet 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 fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SO CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNER'S NAME (S): Paula A. Gaffney
PROPERTY ADDRESS: 929 Susan Circle, Enola, P A 17025
LOAN ACCT. NO.: 5001920938
ORIGINAL LENDER: Citifinancial Mortgage Company, Inc.
CURRENT LENDERlSERVICER: Citifinancial Mortgage Company, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGmLE 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 three (33) days from the date of this Notice. 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 THE NEXT (33) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If yoU meet with one of the consumer credit
counseling agencies listed at the end ofthis notice the lender may NOT take action against you for thirty
three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
oftbis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions.
APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in a 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 fmancial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty three (33) days of your face-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 TIDS 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 pennsylvama Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION
PURPOSE 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.)
HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located
at: 929 Susan Circle, Enola, P A 17025 IS SERIOUSLY IN DEF AUL T because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: 07/01104 through 10/01104 at $1,123.79 per month, then
$1,070.28 for 11/01104.
Monthly Payments Plus Late Charges Accrued
NSF:
Inspections:
BPO:
Speed pay:
Uncollected credit insurance:
Uncollected late charges:
Taxes:
Late fee income:
Total amount to cure default
$5,565.44
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$5,565.44
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable): N/A
HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $5,565.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this
letter, you owe the amount specified above. Because of interest, late charges, and other charges
that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if
you pay the amount shown above, an adjustment may be necessary after we receive your check, in
which event we will inform you before depositing the check for collection. For further
information, write the undersigned or call (800) 422-1498. Payments must be made either by
cash, cashier's check, certified check or money order made payable and sent to Citifinancial
Mortgage Company, Inc.. 1111 Nortbpoint Drive, Coppell, TX 75019 Attention: Loss Mitigation.
You can cure any other default by taking the following action within THIRTY THREE (33)
DAYS of the date of this letter. (Do not use ifnot applicable.) N/A.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE (33)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.
The 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 THREE (33) DAYS, the lender also intends to instruct its attorney to start legal
action to foreclosure upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage 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, iflegal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount to the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY THREE (33) 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 THREE (33) 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 connected with the
Sheriff's 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 POSSmLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage 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 fmd out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Citifinancial Mortgage Company, Inc.
1111 Northpoint Drive
Coppell, TX 75019
Attn: Loss Mitigation
(800) 422-1498
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-You may or_X_may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY
THE LENDER
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
Ifthis is the first notice that you have received from this office, be advised that: You may dispute the
validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from the
receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise
the debt will be assumed to be valid. Likewise if requested in writing within thirty (30) days from
receipt of this letter, the firm will send you the name and address of the original creditor if different
from above.
Very truly yours,
Federman Phelan, LLP
On BehalfofCitifinancial Mortgage Company, Inc.
By:
Frank Federman
FF: jmm
Cc: Citifinancial Mortgage Company, Inc.
Attn: Collections Department
Account No.: 5001920938
Mailed by 1 st Class Mail and by Certified Mail No: 7003 1010 0000 0906 0999
AJ
~
.......
~
-
(J ~
i .~
~ C>
~v
j
~
-.()
()
~
~r-q
c>,
~~:
--;
~
-<.
r--.l
=
t.::;>
rJ'1
<-
:J"!-
Z
9
I
(J)
:.n
,'"
_ft
o
-n
-4
"T.
rn ::!J
...-.
""lJhl
--5:
....;...1
()
=--.-:1 ~i
..J- _ ~
0-:...'
+0
(jm
~
-<
C,)
W
.-
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney 1.0. #16132
Suite 5000 Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CITIFINANCIAL MORTGAGE CO. INC.
1111 Northpoint Drive
Building 4. Suite 100
Coppell, TX 75019
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
V5.
PAULA A. GAFFNEY
(Mortgagor(s) and Record owner(s))
929 Susan Circle
Enola, PA 17025
No. 05-87
PRAECIPE TO SETTLtl:, OISCONTIl!UE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended upon
payment of your costs only.
...~.-
JOSEPH A. GOLDBECK, JR., ESQUIRE
--
";i
(;:.:
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00087 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL MORTGAGE CO INC
VS
GAFFNEY PAULA A
CPL. TIMOTHY REITZ
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
GAFFNEY PAULA A
the
DEFENDANT
at 1954:00 HOURS, on the 13th day of January , 2005
at 303 HIGH STREET
SUMMERDALE, PA 17093
by handing to
PAULA GAFFNEY
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
11.10
.00
10.00
.00
39.10
.r~-i<~
R. Thomas Kline
01/14/2005
GOLDBECK MCCAFFERTY MCKEEVER
Sworn and Subscribed to before
me this .:l,-{~ day of
(}_(~ 0>"0' A. D.
p . P1~~hf~0{:;z;~f~'-;Lq",~
By:
. //>~7
-! .do. -
",-' A'A~'I //. ?=/
Devuty SheViff