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HomeMy WebLinkAbout06-2461 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, P A 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE CO., INC, IIII Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 DL -;)L/~I Clc..,(LT0L.Yt. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION, LAW vs, MICHAEL G, HENRY Mortgagor and Real Owner 137 Brookwood Drive Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant Term CIVIL ,l.CTIIl1N: MORTGAGE ~ItL08UPtE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DrAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. ,RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL ,PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES, USTED 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. I). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400, 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 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 payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825,6429, The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CITX-1398. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIFINANClAL MORTGAGE CO., INC" 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019. 2. The name and address ofthe Defendant is MICHAEL G. HENRY, 137 Brookwood Drive, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3, On September 03,2003 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to DECISION ONE MORTGAGE CO., LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1836, Page 2994. The mortgage has been assigned to: CITIFINANClAL MORTGAGE CO., INC. by assignment of Mortgage, which has been 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 10 19(9); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 13, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 12/13/2005 through 05/31/2006 at 7,6400% Per Diem interest rate at $28.04 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 01/1312006 to 05/31/2006 Costs of suit and Title Search Suspense $132,139,97 $4,738,76 $6,607,00 $191.36 $900.00 -$15.00 $144,562.09 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "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. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant 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 $144,562.09, together with interest at the rate of $28.04, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale ofthe Property, GOLDB By: JOSE ArrORNEY ~L By: K CAFFERTY & McKEEVER A. GOLDBECK, JR., ESQUIRE OR PLAINTIFF p,~lii6it Jl .';' ,~,.-. ALL those four certain lots of ground situate In North Middletown Township, Cumberland County, Pennsylvania. more particularly numberad and descrJbad in accordance with Plan of Lots known as Valley View Extension reCOfded. in the hereinaf\er names Recorder's Office in Plan Book 6, Page 6 as follows: LOTS NOS, 25, 26. 27 and 26 as 8l\OWll on said Plen, Each of said lost fronts on SeIllu.ser Avanue, which is now known 8S Brookwood Avenue a distance of 50 feet and extends in depth at an even width a dIstance of 110 feet. THE ABOVE-mentioned four lots of ground have thereon erected a one-story ranch-type dwelling house known as and numbered 137 Brookwood Avenue, Cariisle. Pennsylvania 17013. Tax ID No,; 29,16,1092-002 , "".' 'his to be recorded \ 11\" l.. n (':l;mL'(;lland CQll11ty p!' """".AC~~ J<'r ) ~:~:::;:;:3) " ~,..- BK I 836PG3008 p,~lii6it (]3 , ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE March 16, 2006 TO: Michael G. Henry 137 Brookwood Drive Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 mortl1a!!e on your home is in default and the lender intends to foreclosure. Specific information about the nature of the default is orovided in the attached oalles. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exolains how the orogram works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE, Take this Notice with you when vou meet the Counseling Agencv. The name. address and ohane number of Consumer Credit Counseling Al?encies servine: your Cauow are listed at the end of this Notice. Ifvou have any Questions. vou may call the Pennsylvania Housinl! Finance Agencv toll free at 1,800,342-2397, (Persons with impaired hearing can call (717\ 780, 1869\, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUEDE AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDlT AMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMAR SU HIPOTECA, '1 STATEMENTS OF POLlCY HOMEOWNER'S NAME (S): Michael G, Henry PROPERTY ADDRESS: 137 Brookwood Dr., Carlisle, P A 17013 LOAN ACCT, NO,: 5001477230 ORIGINAL LENDER: Citifinancial Mortgage Company, Inc, CURRENT LENDER/SERVICER: Citifinancial Mortgage Company, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE 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 PA YMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE,Undcr 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-te-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,Ifvou meet with one of the consumer credit counseling, a2.encies listed at the end of this notice the lender may NOT take action a!2:ainst YOU for thirty three (33) davs after the date of this meeting, The names. addresses and teleohone numbers of desil!Dated consumer credit counseline: agencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-te-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE,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 financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face,to,face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR'F 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 make a decision after it receives YOUT 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 on have filed bankrn tc on can stilI a I for Emer enc Mort a e 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: 137 Brookwood Dr., Carlisle, PA 17013 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: Start/End: 01113/06 through 03/13/06 at $1,185,69 for 01113/06 then $1,185.69 for 02/13/06 tben $1,137.85 for 03/13/06 per month, 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 $3,509,23 $0,00 $0,00 $0,00 $0,00 $0,00 $47,84 $0,00 $0,00 $3,557.07 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEF AUL T, Y ou 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 $3,557,07, PLUS ANY MORTGAGE PA YMENTS 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 infonnation, write the undersigned or call (800) 422,1498, Pavments must be made either by cash. cashier's check. certified check or money order made oavable and sent to Citifinancial Mortgage Comvanv, Inc.. A TTN Department A TM, 4050 Regent Boulevard, Irving, TX 75063 MS,NlB,165. 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 avplicable,) N/A, IF YOU DO NOT CURE THE DEF AUL T,lfyou 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 morteae:e 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, Iffull payment of the total amount past due is not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its atrorney to start legal action to foreclosure UDon vour mortl!ae:e orooertv. IF THE MORTGAGE IS FORECLOSED UPON, The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00, However, 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, Ifvou cure the default within the THIRTY THREE (33) DAY oeriod, vou will not be reauired to DaY 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 DEF AUL T PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale at anv time uo to one hour before the Sheriff's Sale, You mav do so bv cavin!! the total amount then nasi due. plus any late or other charees then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs COIUlected with the SherifPs Sale as soecified in writing. bv the lender and bv oerfonniof! any other reauirements under the mortlZalle. 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 DA TE,It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately SIX (6) MONTHS from the date of this Notice, A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: Citifinancial Mortgage Company, Ine, A TTN Department A TM 4050 Regent Boulevard Irving, TX 75063 MS,N1B-165 (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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT, . TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEF AULT 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 MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED '. , . If this 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. lfyou do so in writing within thirty (30) days from the receipt aftbis 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 ofthis 'etter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, Phelan Hallinan & Schmieg, LLP On Behalf of Citifinancial Mortgage Company, Inc, By: Francis S, Hallinan FF:jrnm Cc: Citifinancial Mortgage Company, lnc, Attn: Loss Mitigation Account No,: 5001477230 Mailed by I" Class Mail and by Certified Mail No: 7005 1820000554293221 -----.-.- ., .. Jap-OS-ZODS 11 '25am Pros- r-447 P,007/D1D F-Il! Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage Assistance Program County Counseling Agency List CUMBERLAND Adams County Interfanh Housing AuU 40 E High Street GettY.bu/,!!, I'A 17325 (717) 334-1518 Loveship, Inc, 2320 NoM 5th street Harrisburg, PA 17110 (717) 232-2207 DAUPHIN cecs ofW....tem I'A 2000 Linglestown Roil<! HarriSbUrg, PA 17102 888-611,2227 PHFA 211 North Front Street HarrIsburg, PA 17110 800-~42-2397 DELAWARE Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 American FinancIal Counsenng Servl( 175 Strafford Avenue, Suite One Wayne, FA 19087 800-490-3039 Carroll Park Community Council, Inc, 521 B i.4aster Street Philadelphia, PA 19131 (21S) &77-1157 January 2005 cecs 01 western PA 2000 Unglestown Road Harrisbu/,!!, PA 17102 888-511-2227 Mamnalha , 43 Philadelphia Avenue Waynesbora. PA. l72e8 (717) 782-3285 Community Action CommissiOn of Ca 1514 Darry Street Harrisburg, PA 17104 (717) 232-9757 American Credh Counseling Institute 175 Strafford Avenue Suite 1 Wayne, P A 19087 (6l0) 971-2210 American Red Cross of Chester 1729 Edgemortt Avenue Chester, PA 19013 (610) 874-1484 cees of Delawwe Valley 280 North Providence Road Media, PA 19063 (215) 563,5685 Page 8 of 21 Community ACtion Commission of Cs 1514 Derry Street Harrisburg, PA 17104 (717) 232,9757 PHI'/>, 21 1 North Front SlIest Harrisburg, PA 17110 800-342-2397 LOlIeellip, Ine, 2320 North 5111 Streat Harrisburg, PA 17110 (717) 232-2207 Amertcan Financial Counse~ns Servi( \ Abington Plua, SUite 403 Old Vorl< Road and Township Line Jsnkintown, p A 19046 800-490-3039 APM 2147 North Sixlh Street Philadelphia, PA 19122 (215) 235.a788 eces of Delaware Valley 790 E, Market St. Suite 170, ""<lrshall B\riIding West Chester. PA 19382 (215) 563-5665 (::l ~, N t Vi 1t- en - ~ Cr[ , ~ , ....c U( v ~ ~ -V w ~ (\ !Jt G:.; f C> D ..f- +-- "-..(, In the Court of Common Pleas of Cumberland County CITIFINANCIAL MORTGAGE CO., INC, I I I I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. MICHAEL G, HENRY (Mortgagor(s) and Record Owner(s)) 137 Brookwood Drive Carlisle, PA 17013 No, 06,2461 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 MICHAEL G, HENRY by default for want ofan Answer, Assess damages as follows: $144,954,65 Debt Interest - 12/13/2005 to 06/14/2006 Total (Assessment of Damages attached) 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 delivere the party against whom judgment is to be entered and to his attorney of record, ifany, after the default occurred and at ast days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C,P. 237.1 AND NOW ....), J. )P _ /9 , ,;; , Judgment is entered in favor of CITlFINANCIAL MORTGAGE CO., INC, and against MICHAEL G. HENRY by default for want ofan Answer and damages assessed in the sum of $144,954,65 as per the above certification. CITX-1398 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: June 1, 2006 TO: MICHAEL G. HENRY 137 Brookwood Drive Carlisle, P A 17013 CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION, LAW P laintifJ vs. MICHAEL G. HENRY (Mortgagor(s) and Record Owner(s)) 137 Brookwood Drive Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 06-2461 Defendant(s} TO: MICHAEL G. HENRY 137 Brookwood Drive Carlisle, P A 17013 TMPORTANTNOTTCIi: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A ITORNEY 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 00 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, LEGAL SERVICES lNC 8lrvine Row Cadisle, PA 17013 7 17,243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 G B oseph A. Goldbeck, Jr" Esq, Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627,1322 CITX-1398 'fms 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: June 1,2006 TO: MICHAEL G. HENRY 2403 Warren Way Mechanicburg, P A 17050 In the Court of Common Pleas of Cumberland County CITIFINANCIAL MORTGAGE CO., INC. IIII Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 CIVIL ACTION, LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. MICHAEL G. HENRY (Mortgagor( s) and Record Owner( s)) 137 Brookwood Drive Carlisle, PA 17013 Term No. 06,2461 Defendant(s) TO: MICHAEL G. HENRY 2403 Warren Way Mechanicburg, P A 17050 IMPORT A NT NOTTC'F, YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITfEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717,243,9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 JOSfpfi)1 qll(d'(ifCt Jr GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq, Attorney for Plaintiff Suite 5000 -701 Market Street. Philadelphia, P A 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL G. HENRY, is about unknown years of age, that Defendant's last known residence is 2403 Warren Way, Mechanicburg, PA 17050, 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' il Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106 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 Plaintiff of Cumberland County vs. CIVIL ACTION LAW MICHAEL G. HENRY (Mortgagor(s) and Record owner(s)) 137 Brookwood Drive Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-2461 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIFINANCIAL MORTGAGE G. HENRY for failure to file an Answer in the above action within (20) day United States of America) from the date of service of the Complaint, in the Joseph A. Gold Attorney for Plaint' , INC., and against MICHAEL (0 s' (60) days if defendant is the o 144,954.65. I hereby certifY that the above names are correct and that the preci re i ence address of the judgment creditor is CITIFINANCIAL MORTGAGE CO., INC. II I I Northpoint ive uilding 4, Suite 100 Coppell, TX 75019 and that the name(s) and last known address(es) of the Defendant( ) Isl e MICHAEL G. HENRY, 2403 Warren Way Mechanicburg, PA 17050; ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case 10 be as follows: Principal Balance $132,139.97 Interest from 12/13/2005 through 06/14/2006 $5,131.32 Reasonable Attorney's Fee $6,607.00 Late Charges $191.36 Costs of Suit and Title Search $900.00 Suspense -$15.00 $144,954.65 GOLDBECK McC ERTY BY: Joseph A. GoI be , Jr. Attorney for Plain ff cKEEVER AND NOW, this I~day of Jt.c..c)€- ,2006 damages are assessed as above. Pro Prothy t 7[ (.) ~ C' r-" C) ...::::::, 7'~ c ,:::--~ ~Tl tJ.... 0 (,u_ -;.;:! l~lF - () ~ -- - ,,, ~, 4 cD tJ ~ r" ~ ~ .Q t:. ~'~. ~ -~.. W / 0;' r;:; t; F (.,) a: V\ . .~ , 4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#I6132 Suite 5000 - Mellon Independence COOler 70 I Market Streel Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL MORTGAGE CO., INC. II I I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW MICHAEL G. HENRY Mortgagor(s) and Record Owner(s) 13 7 Brookwood Drive Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 06-2461 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 12/13/2005 to 06/14/2006 at 7.6400% $144,954.65 (Costs to be added) ... , 'il .."6 ~ ~~ ~8 U ... ~ ;; % ,,~ ~ ~ ~..,....... ~ ~ ~\l~~ , ~i =- 8 ~t~% <f>4.'" t ~~~ ~ ~ ,,<- ~ ~.$ ~ :a <'l ~\ o't .. g~"",~ 4: ~l s: \~ t.t;:;; '1;)..... <::l . ~ 14. ~~'O]M e~u ~ '" <::l .t ~ \ <- ',a ...8~ ~ ;> ....ll %.!i 1~ ~ ,... .0 ~ 'i? ~ 7~ '3 ~ea~ 'don oig<-r..J \0<'" -=2?, ~ ~ r..J ~~? ~ "'$ ~ U> u 1 r..J ~ ~ 1 j ~ '-' i-' ~ ~ r..J <r r- '" . Sf. (..0 if/-: V) ~ 1-'-- '-' c: - - J U~l~<" .. 9t~, ~ (:4';. ~ .. ~ ("<\ Ci w ~ ~~~ - ~ c.5 0" ..Jo w .. R: - l: ~ ... C"'() - ~\.J.J ~ 0 LC-::e (I- I \- ...0 , \ 0 t.? D_ = I ~ ":1 0 e-..> <) a 0 c ~ -: ~ ""'" ~ c- o c II) "" CJ . ~ Vi ~ \.1)0'" ri - ('C) \;J ~ - ",. . .. All those four certain lots of ground situate in North Middletown Township, Cumberland County, Pennsylvania, more particularly numbered and described in accordance with Plan of Lots known as Valley View Extension recorded in the hereinafter names Recorder's Office in Plan Book 6, page 6 as follows: Lots Nos. 25, 26, 27 and 28 as shown on said Plan. Each of said lost fronts on Schlusser Avenue, which is now known as Brookwood Avenue a distance of 50 feet and extends in depth at an even width a distance of 110 feet. The above mentioned four lots of ground have thereon erected a one-story ranch-type dwelling house known as and numbered 137 Brookwood Avenue, Carlisle, Pennsylvania 17013. Tax 10 No.: 29-16-1092-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2461 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To salisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE CO., INC., I'Jaintiff (s) From MICHAEL G. HENRY (1) You 'lfe directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y,HI OIre ,Iso directed to attach the property of the defendant(s) not levied upon in the possession of GARNISIIEE(S) as follows: alld 10 nOlify Ihe garnishee(s) that: (a) an attachment has been issued; (b) the garuishee(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 othcnvise disposing thereof; (3) I r I'llJpcrty of the defendant(s) not levied upon an subject to attachment is found in the possession of i111Vone olher than a named garuishee, you are directed to notify himlber tJtat he/she has been added as a garnishee and is enjoined as above stated. Amoullt Due 5144,954.65 Interest FROM 12/13/05 TO 6/14/06 AT 7.6400% L.L. $.50 Atty's Comm % Atly P<1id SI20.56 Jllailliilf Paid Due Prothy $1.00 Other Costs Date: .JUNE 19,2006 (S,'311 CURTIS R. LONG Prothonol!tY ~ ~y: ~'n-. f> fZ . "/J"./"~ Deputy ElQUISfIl<G PARTY: Klllle .JOSEI'H A. GOLDBECK, JR., ESQmRE Address S lJITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 J\t!nrncy fl)r: PLAINTIFF Telephone: 215-627-1322 S":lIcnl. emll t ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Aljorn\!yI.D. #16132 S6ite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 2 I 5-627 - 1322 Attorney for Plaintiff CITIFINANC1AL MORTGAGE CO., INC. I I I I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW MICHAEL G. HENRY (Mortgagor(s) and Record Owner(s)) 137 Brookwood Drive Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 06-2461 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL MORTGAGE CO., INC., 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: 137 Brookwood Drive Carlisle, PA 17013 I.Name and address ofOwner(s) or Reputed Owner(s): MICHAEL G. HENRY 2403 Warren Way Mechanicburg, P A 17050 2. Name and address of Defendant(s) in the judgment: MICHAEL G. HENRY 2403 Warren Way Mechanicburg, PAl 7050 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, P A 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: .... BENEFICIAL CONSUMER DISCOUNT CO. D/B/A BENEFICIAL MORTGAGE CO. OF PA. 4 I 9 Stonehedge Drive, Suite 2 Carlisle, PA 17013 I AEGIS FUNDING CORP. D/B/A AEGIS HOME EQUITY 1855 W. Baseline road, #200 Mesa, AZ 85202 BENEFICIAL CONSUMER DISCOUNT CO. 961 Weigel Drive Elmhurst, IL 60126. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK McCA BY: Joseph A. Goldb Attorney for Plaintiff DATED: June 14.2006 .,.. "" .~:::? I-::? ;:')"' \ cD o -'1 ..::\ ',- -r! f11C; -O"! -;-lc;J .j C~) --.~. --'j' , c;? c...) _\ -,-. :i~~~,~, :.;,! <<-0 ,-< - 06-2461 \. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIFINANCIAL MORTGAGE CO., INC. I I I I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. MICHAEL G. HENRY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 137 Brookwood Drive Carlisle, PA 17013 Term No. 06-2461 Defendant( s 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: HENRY,MICHAELG. MICHAEL G HENRY 13 7 Brookwood Drive Carlisle, PA 17013 Your house at 137 Brookwood Drive, Carlisle, P A 170 I 3 is scheduled to be sold at Sheriff's Sale on Wednesday, December 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $ 144,954.65 obtained by CITIFINANCIAL MORTGAGE CO., INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The sale will be cancelled if you pay to CITIFINANCIAL MORTGAGE CO., INC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 ~ 06-2461 , 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 of71 7-240-6390. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 7 17-240-6390. 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, PAl 70 13 ... n c ....., (~ ,0;::::> tJ>' (..,. '-<...... .ol>_ cD , o -n 9-n c:..~l~ " ~-. .r2,~! ~.:.: '_Co;. :'-(1"1 ) '::'\ '2 0), (,.... ::< SHERIFF'S RETURN - REGULAR CASE NO: 2006-02461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS HENRY MICHAEL G DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HENRY MICHAEL G the DEFENDANT , at 1844:00 HOURS, on the 11th day of May , 2006 at 2403 WARREN WAY MECHANICSBURG, PA 17050 by handing to MICHAEL G HENRY 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 Service Affidavit Surcharge (~ 6/JI(/Of" 18.00 10.56 .00 10.00 .00 38.56 So Answers: r'~~ R. Thomas Kline 05/15/2006 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: (// f#%~~4rV Deputy Sheriff I me this day of A.D. Prothonotary GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 CITX-1398 CF: 05/02/2006 SD: 12/06/2006 $144,954.65 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE MICHAEL G. HENRY Mortgagor(s) and Record Owner(s) Term No. 06-2461 137 Brookwood Drive Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (e) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (~ ( ) ( ) ( ) ( ) Personal Service by the Sheriffs Office.'esMI'8t8Rt :i~ (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on alllienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IT" m ru IT" U S PClstal SerVI( P CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) ::r ..D m LIl C2J7A ',\ \ ;' '\ \~\ Postage $ LIl c::J c::J Return Receipt Fee c::J (Endorsement Required) c::J Restricted Delivery Fee .-q (Endorsement Required) I:Q c::J Total Postage & Fees $ Certified Fee 7 iX,!',')' / ~;.~; " /~'..- Ltl":': ~.: , .~:>/ X -1 3W:":;';:--" ..D C C f'- ru ru ru IT" :' p ,~til' ')E'! Vi. . CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage PrOVIded) L USE ::r ..D m LIl Postage $ LIl Certifled Fee Yes c::J c::J Return Receipt Fee c::J (Endorsement Required) C Restricted Delivery Fee .-q (Endorsement ReqUIred) I:Q C Total Postage & Fees $ Postmark ' ;-- Here ..D C 0 ~ stiH_~~Ji~.._..t11.c.l:\.M.J.....G_t_--_._......---_._.._.._m.--__._. or,.J8oxNo.' 2403 Warren Way ci,y;-_;ZiJ5.t.4'-'-"l9Iee1't~f'i-t-C:'b"arq;'..'~~'.1.TO-St)-.... PS I on ~ O<P<P 00 00..... VI \C') ('J (1) ~ . 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LU ~ u-_C\l ...Jc:C') LUQ)~ ~ ~ Eg ...Jo CO'C" It) ::> LU' r- O-tcn ~ u-o~ I o c.CO It) I-%Q) ~ zoos ~ LU-o- ~:=~It)<C I-s:.:>r-o- ~~~~~ LU:::ls:.CO~ o ~ == ,'C <(~~~~ O-co:J:o-:J: N ~ \~ - ~ ~ ~ ~ l.C'i --------------- <0 ~ Q) .. ~ g e Q) E j tJ) ... ~ ~ ~ '1: 0- i tJ) : c "0 0- j 'i ~ 15- ~ g> '> .~ '\5 ~ co e ~ Q. ~ i Q. i~ '5~ -Q. ~1U ii -'~ ~o:: ~ ii: '5.8 -as ~lIl ~~ z.., r--: cri ~* ....::; ... o ~ .5 .: .!l 1 ~ A' ~ Q. E o () N '0 ~ !!:. N 0 ~ ~ ~ (II ~ z w u.. :I: ...: c> to 00 en ...J CO') C") w E ..... <( 0 >< :I: u.. I- (,) (/) <3 ~ 0.. Citifinancial Mortgage Co., Inc. VS Michael G. Henry In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2461 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 21,2006 at 1750 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael G. Henry, by making known unto Michael Henry personally, at 2403 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13,2006 at 0904 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael G. Henry located at 137 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania according to law. 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 named defendant, to wit: Michael G. Henry, by regular mail to his last known addresses of2403 Warren Way, Mechanicsburg, PA 17055. This letter was mailed under the date of October 10,2006 and never returned to the Sheriffs Office. So Answers: r~~~4 . R. Thomas Kline, Sheriff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-825-6320 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 CIVIL ACTION - LAW vs. MICHAEL G. HENRY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 137 Brookwood Drive Carlisle, P A 17013 Term No. 06-2461 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL MORTGAGE CO., INC., 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: 13 7 Brookwood Drive Carlisle, PA 17013 l.Name and address ofOwner(s) or Reputed Owner(s): MICHAEL G. HENRY 2403 W arren Way Mechanicburg, P A 17050 2. Name and address ofDefendant(s) in the judgment: MICHAEL G. HENRY 2403 Warren Way Mechanicburg, P A 17050 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: BENEFICIAL CONSUMER DISCOUNT CO. DIB/ A BENEFICIAL MORTGAGE CO. OF P A. 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 AEGIS FUNDING CORP. DIB/A AEGIS HOME EQUITY 1855 W. Baseline road, #200 Mesa, AZ 85202 BENEFICIAL CONSUMER DISCOUNT CO. 961 Weigel Drive Elmhurst, IL 60126 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 AND OCCUPANTS 137 BROOKWOOD DRIVE CARLISLE, P A 17013 (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 21,2006 ~ ;? ~ ;;.c:;. N CIJ ~ -05'5 rn rT) ~'e~. Cf) ::" ~C' :E;O "/ .--. ~l.} Y'C ~ -... Q. ~e -otr\ .0....... ~~. ._-n OB Zff1 9 ~ -0 :J'. N .- (J"l o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CitiMortage Inc is the grantee the same having been sold to said grantee on the 6th day ofDec AD., 2006, under and by virtue of a writ Execution issued on the 19th day of June, AD., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 2461, at the suit ofCitiFinancial Mtg Co Inc against Michael G Henry is duly recorded in Deed Book No. 278, Page 763. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4 day of VlLc , AD.,;( (tJ~ ~~ Recorder of Deeds RtcoIdIr of Deeds. Cumberland County, CIIIIsII, PA My eo..lililllon Expire. lie Firat Moftday 01 JIn. 2010 Citifinancial Mortgage Co., Inc. VS Michael G. Henry In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2461 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 21,2006 at 1750 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael G. Henry, by making known unto Michael Henry personally, at 2403 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2006 at 0904 hours, he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael G. Henry located at 137 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania according to law. 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 named defendant, to wit: Michael G. Henry, by regular mail to his last known addresses of 2403 Warren Way, Mechanicsburg, P A 17055. This letter was mailed under the date of October 10,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Joeseph A. Goldbeck, Jr. on behalf of CitiMortgage Inc. S/B/M CitiFinancial Mortgage Company, Inc. It being the highest bid and best price received for the same, CitiMortgage Inc. S/B/M CitiFinancial Mortgage Company, Inc. of 1111Northpoint Drive, Building 4, Suite 100, Coppell, TX, 75019 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $642.22. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 12.59 15.00 15.00 30.00 10.00 0.50 1.00 14.96 2.35 15.00 20.00 191. 00!204.38 15.94 25.00 39.50 $642.22 J, ~A ,0':' \ OY--" So Answers: r::~~:.~~ oeeP o-0V 00 $3>' 0 \.5 F\'i?> 5lJ1 . t..:1j ~~ ~-( ,rtjf1T . . Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 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 vs. CIVIL ACTION - LAW MICHAELG. HENRY (Mortgagor(s) and Record Owner(s)) 13 7 Brookwood Drive Carlisle, P A 17013 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-2461 AFFIDAVIT PURSUANT TO RULE 3129 CITlFINANCIAL MORTGAGE CO., INC., 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: 137 Brookwood Drive Carlisle, P A 17013 l.Name and address ofOwner(s) or Reputed Owner(s): MICHAEL G. HENRY 2403 Warren Way Mechanicburg, P A 17050 2. Name and address ofDefendant(s) in the judgment: MICHAEL G. HENRY 2403 Warren Way Mechanicburg, P A 17050 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, P A 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: , . BENEFICIAL CONSUMER DISCOUNT CO. D/B/A BENEFICIAL MORTGAGE CO. OF PA. 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 AEGIS FUNDING CORP. D/B/A AEGIS HOME EQUITY 1855 W. Baseline road, #200 Mesa, AZ 85202 BENEFICIAL CONSUMER DISCOUNT CO. 961 Weigel Drive Elmhurst, IL 60126 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. (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK McCA BY: Joseph A. Goldb Attorney for Plaintiff DATED: June 14. 2006 SHERIFF'S DEPARTMENT COUNTY SHERIFF SERVICE INSTRUCTIONS PLAINTIFFISI COURT NUMBER CITIFINANCIAL MORTGAGE CO., INC. 06-2461 DEFENDANTISI TYPE OF WRIT OR COMPLAINT MICHAEL G. HENRY NOTICE OF SALE I SERVE> NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE MICHAEL G. HENRY ADDRESS (Street or Road, Apartment No., City, Boro, Twp., State and ZIP Code) 137 BROOKWOOD DRIVE, CARLISLE PA 17013 AT SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: PLEASE POST HANDBILL SIGNATURE OF ATTORNEY TELEPHONE NUMBER DATE '/~A. ~.h, (215) 627-1322 June 14,2006 ADDRESS OF ATTORNEY GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 SHERIFF'S DEPARTMENT COUNTY SHERIFF SERVICE INSTRUCTIONS PLAINTIFFISI COURT NUMBER CITIFINANCIAL MORTGAGE CO., INC. 06-2461 DEFENDANTISI TYPE OF WRIT OR COMPLAINT MICHAEL G. HENRY NOTICE OF SALE I SERVE > NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE MICHAEL G. HENRY ADDRESS (Street or Road, Apartment No., City, Boro, Twp., State and ZIP Code) 2403 Warren Way, Mechanicburg, PA 17050 AT SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: PLEASE SERVE THE ABOVE DEFENDANT OR PERSON IN CHARGE SIGNATURE OF ATTORNEY TELEPHONE NUMBER DATE '/~A. ~ rho (215) 627-1322 June 14,2006 ADDRESS OF ATTORNEY GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 F \ 06-2461 GOLDBECK McCAFFERTY & McKEEVER BY: 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 MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. MICHAEL G. HENRY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 13 7 Brookwood Drive Carlisle, PA 17013 Term No. 06-2461 Defendant( s 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: HENRY, MICHAEL G. MICHAEL G HENRY 137 Brookwood Drive Carlisle, PA 17013 Your house at 137 Brookwood Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $144,954.65 obtained by CITIFINANCIAL MORTGAGE CO., INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIFINANCIAL MORTGAGE CO., INC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 I, \ 06-2461 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 within thirty (30) days from the date ofthe 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 rigllts 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 LA WYER 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, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty A venue Carlisle, P A 17013 All those four certain lots of ground situate in North Middletown Township, Cumberland County, Pennsylvania, more particularly numbered and described in accordance with Plan of Lots known as Valley View Extension recorded in the hereinafter names Recorder's Office in Plan Book 6, page 6 as follows: Lots Nos. 25, 26, 27 and 28 as shown on said Plan. Each of said lost fronts on Schlusser Avenue, which is now known as Brookwood Avenue a distance of 50 feet and extends in depth at an even width a distance of 110 feet. The above mentioned four lots of ground have thereon erected a one-story ranch-type dwelling house known as and numbered 137 Brookwood Avenue, Carlisle, Pennsylvania 17013. Tax ID No.: 29-16-1092-002 WRIT OF EXECUTION and/or ATTACHMENT . ". COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2461 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE CO., INC., Plaintiff (s) From MICHAEL G. HENRY (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 $144,954.65 Interest FROM 12/13/05 TO 6/14/06 AT 7.6400% L.L. $.50 Atty's Comm % Atty Paid $120.56 Plaintiff Paid Date: JUNE 19, 2006 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Pro~ P ~ --Sv: ~ . 'R~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 BOi) ~ c=::t ~ l!:!b <Ii> Real Estate Sale # 38 On August 25, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 137 Brookwood Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 25,2006 By: J~~ Real Estate Sergeant E11:1 d '1- lOr qUOl Vd 'AllillU::: Ulfv"ld 38WnJ .:HI~3HS 3Hl :10 jjl:1..:Jo , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #38 .:.-tI1lll!l!.'&. (mil ~ ~"'"';..,.. ."""..r.., ~.... A1IIF It .. A.., - aII..... ,-..- '. .... . ','jJT .:_:..' . . ....:u;... CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established ,January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 SEAl LOIS E. SNYDER, Notary Public Carlisle 80m, Cumberland County My Commission Expires March 5, 2009 R:&AL ESTATE SAL& JIfO. 38 Writ No. 2006-2461 Civil CiUfmancial Mortgage Co.. Inc. vs. Michael G. Henry Atty.: Joseph A. Goldbeck, Jr. All those four certain lots of ground situate in North Middletown Township. Cumberland County, Pennsylvania. more particularly numbered and described in accor- dance with Plan of Lots known as Valley View Extension recorded in the hereinafter names Recorder's Office in Plan Book 6. page 6 as follows: Lots Nos. 25. 26. 27 and 28 as shown on said Plan. Each of said lots fronts on Schlusser Avenue, which is now known as Brookwood Avenue a distance of 50 feet and extends in depth at an even width a distance of 110 feet. The above mentioned four lots of ground have thereon erected a one-story ranch-type dwelling house known as and numbered 137 Brookwood Avenue, Carlisle. Penn- sylvania 17013. Tax ID No.: 29-16-1092-002. Assienment of Bid NO. 06-2461 - HENRY 13 7 Brookwood Drive Carlisle, P A 17013 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated December 06, 2006 to: CITIMORTGAGE INC. S18/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 GOLDBECK MCCAFFERTY & MCKEEVER Date: December 8. 2006 ;?'t~- JOSEPH A. GOLDBECK, JR.