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HomeMy WebLinkAbout06-3579 G6LDBECK McCAFFERTY & McKEEVER , By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF CITICORP TRUST BANK, FSB F IKJ A TRAVELERS BANK & TRUST, FSB IIII Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. WALTERR. STANSBURY Mortgagor and Real Owner 130-10 W. Portland Street Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendant Term /JIp -3577 ~ No. CIVIL ACTION: MORTGAGE. fI~!CL~UfIIE 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FUADA AQUr ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.govforHelp 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-1448. 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 CITICORP TRUST BANK, FSB FIK/A TRAVELERS BANK & TRUST, FSB, 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019. 2. The name and address of the Defendant is WALTER R. STANSBURY, 130 W. Portland Street 10, Mechanicsburg, PA 17055, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On July 15,2002 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to TRAVELERS BANK & TRUST, FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1765, Page: 2699. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 22, 2005, 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 06/22/2005 through 06/30/2006 at 8.5500% Per Diem interest rate at $14.99 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 07/22/2005 to 06/30/2006 Costs of suit and Title Search Corporate Advance $63,086.00 $5,591.27 $3,154.30 $290.73 $900.00 $160.00 $73,182.30 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 ofIntention 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 $73, 182.30, together with interest at the rate of$14.99, 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 Sheriffs Sale ofthe Property. \ By: GOLD C McCAFFERTY & McKEEVER By: Jo PH . GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERI FICA nON I, Frankie Ward, as the representative of the Plaintiff corporation within named do hereby verifY that 1 am authorized to and do make this verification on behalf of the Plaintitf corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowlcdge, 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: r;,.)- ( . 0 Ct, ~fii6it .Jl "6/"9/2""6 14:27 7626218 KCJ<NERSmER PAGE 82 .... , "2"1''') '0/ ,~ COM/AONWfAlTfl OF I'ENI'lSVLVANlA ~ O"A"~iif ~ "^''''-'~'BDOE IRAtdfP JUH"n ~ 6 I = lAX .... ""UII. - . r..C\:U:i :'. l'E~'L~:\ RECOIlOEII OF OEEOS CUI~I3E.RLAllJ CQUNTY-PA ,'93 JUtl . ~ RI'110 ~7 1'9IS xSDBRTDRB, Dad. tbis ~ day of (~ ' 1993, ))etween RICHAR.D A. JAKBSOIf and BBRJAMIII . DDJI, II Pennsylv.nla fartnar.bip trading as BRSAUI INVIS~MBN~S, ~ith their p~lnaipal place of business located at 128-13. Locd.t Street. uarriabut9, Dauphin coun~y, PennGylvanla, hereinafter individually and coll.cti~ely reterred to as -GRAN~OR" AND WALTla R. STANSBURY, JR., "GaANTBB". hereinafter raterred to as WI'lNISS.!TH: Th.t tbe .ald Gr.ntO~, tor and in consideratiOn of the 8U. o! Sixty-Oae Thou.and a~d ../1.. ($61,.'1..8) Dollars, lawful money ot tbe Doited State. ot A.eric., unto it well .n4 truly p4t4 by the said Qrant.. at and before the sealing .n~ delivery ot the.. p~e8ent., ~.aeipt wheteQf i. hereby acknowladged, baa granted, bargained, ~Dld, al1eo.4, enteofled, rale~.ed and cootir..d; and by tbe.. pre..nts 40a. grant, bargain, ..11, aliened, enfeof, (eleaaa and contlra unto ..1d Grantee, his heirs and ...igna. ALL THAT CBR~AIN Unit in the property ~nown, oa..d an4 identified in the Declaration ret.rrad to below a. .portlan4 Court Condo.lnlu..," located 1n Kocbanie.burg Boro~gb, Cu.berlln4 County, p.nn.ylvanla, whlcb has heretofore b.en aub.itt.d to the provisions of the pennsylvania Unifor. Condo.ioiu. Act, 68 'a.C.S.A. 3111 by the recordin9 in the Office ot the Recorder of De.ds at Cumberland County of . Declaration dated January', 1989, and recorded on May 18, 198', in Misce11aneQua Book 363, P.~. 1847, and alao the , .m.ndmen~8 dated July 28, 1989 and recard*d in "lacellaneaua Book 3&7, Page 338, and datauS Att.;rqat 11, .1'89, and reaoe-dad in Mlsce11.neo~. aoo~ 367, Page 83~, as the .... ahal1 ba amanded (ro. time to tiae, being and de.19natad in such Declaration, .. the .ame i. a..ndad tro. ti.. to ti.., as Unit Ho. 126-34, belnt and designatad in auc~ Deal.ration, .. the .Ima aay be amended fro. ti.e to tt.., totethar with a proportionate undivided intereat in the CO..OD Blement. (a. detined in said Declaration) of 2.77,. SAID U~lt having a ~ai11nt addre.. or 138-18 West Portland Street, M8ohanlcsburg, Cumberland County, PaR.aylvania.' . BolO&9\oIlYJ~c" ') 17/...l. ,....., Cumbo eo..Pa ' -'" fluI.....1r..,.,..... 4J' D':'~"" "3 o~. ~p.~ CUlIlb.CQ.DIIIl.CoL,... 100;::136 lACE 38 /'fI c r..{ 1I..,,. c.~ JlJ"/ SchOOl Oi.. Cumbo CD.. pa. IS ,...1 elUte '!hInafer Ta .... 3. S.d D.I.E....=..!:lLAm'"~ A." P. ZI..... o.lIlIl.c..OiILCol./I.If. ~fii6it (B ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE May 2, 2006 TO: Walter R. Stansbury 130 W. Portland St 10 Mechanicsburg, P A 17055 THIS FIRM IS A DEBT COLLECTOR A TIEMPTING 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortl!lll!e on vour home is in default and the lender intends to foreclosure. SDecific information about the nature of the default is Drovided in the attached Da2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM !HEMAP) mav be able to helD to save your home. This Notice exolains how the or02l'am works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the COWlselimr Allencv. The name. address and Dhone number of Consumer Credit Counselin2 A2encies servin2 vour County are listed at the end of this Notice. Ifvou have anv auestions. vou maY call the Pennsvlvania Housin2 Finance A2encv toll free at 1-800-342-2397. (Persons with irnDaired hearin2 can call (717) 780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE 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. STATEMENTS OF POLICY HOMEOWNER'S NAME (S): Walter R. Stansbury PROPERTY ADDRESS: 130 W. Portland St 10, Mechanicsburg, PA 17055 LOAN ACCT. NO.: 0003943266 ORIGINAL LENDER: Citicorp Trust Bank, fsb CURRENT LENDERJSERVICER: Citicorp Trust Bank, fsb 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 WrrH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACr'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL T 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-Ifvou meet with one of the consumer credit counselin2 a2encies listed at the end of this notice the lender mav NOT take action ...ainst vou for thirtY 130) davs after the date of this meetin2. The names. addresses and telenhone numbers of desilmated consumer credit counselin2 ""encies for the counlY in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Y our 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 tile 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 tiled 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 IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to 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 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru t ou can still a I for Emer en HOW TO CURE YOUR MORTGAGE DEFAULT (Brin. it uo to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 130 W. Portland St 10, Mechanicsburg, PA 17055 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: StartlEnd: 07/22/05 through 04/22/06 at S171.37 for 07/22/05 then S555.11 for 08122/05 through 03/22/06 then S528.68 for 04/22/06 per month. Monthly Payments Plus Late Charges Accrued S5,140.93 NSF: $15.00 Inspections: $0.00 BPO: $120.00 Speed pay: $15.00 Uncollected credit insurance: $0.00 Uncollected late charges: $0.00 Taxes: $0.00 Late fee income: SO.OO Total amount to cure default S5,300.93 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not Molicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S5,300.93, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) 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. Pavments must be made either bv cash. cashier's check. certified check or monev order made oavahle and sent to Citicoro Trust Bank. fsb. A TTN Deoartment ATM. 4050 Re.ent Boulevard. Irvine. TX 75063. MS-NIB-165. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aoolicahle.) N/ A. IF YOU DO NOT CURE THE DEF AUL T -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee 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 (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure UDOn vour morbra2e nronertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to payoff 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 S50.00. However, if legal 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 (30) DAY neriod. vou will not be renuired to nay 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-!fyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the rioht 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 navine: the total amount then nas! due. Dlus any late or other charszes then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writino bv the lender and bv oerfonnino anv other renuirements under the mortoaoe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Citicorp Trust Bank, fsb A TTN Department ATM 4050 Regent Bnulevard Irving, TX 75063 MS-NIB-I65 (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. !fyou 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 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 DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T 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 A TT ACHED , If tbis is tbe first notice tbat you bave received from this office, be advised tbat: You may dispute the validity of tbe debt or any portion .tbereof. If you do so in writing within thirty (30) days from the receipt ofthis 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 oftbis letter, tbe firm will send you the name and address oftbe original creditor If different from above. Very truly yours, Pbelan Hallinan & Schmieg, LLP On Bebalf of Citicorp Trust Bank, fsb By: Francis S. Hallinan FF:jrnm Cc: Citicorp Trust Bank. fsb Attn: Loss Mitigation Account No.: 0003943266 Mailed by I" Class Mail and by Certified Mail No: 7006 0100 0003 6132 2621 J an-DI-ZDD5 11 ;Zlom Fr... 1-447 P. 007/01 0 r-&18 I I l Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage ArIsletance Program County Counseling Agency LIst CUMBERLAND Adams County Interfaith Housing AulI 40 e, High Street GettyabUlll. PA 17325 (717) 334-1518 LoveB~ip. In<:. 2320 North 6th street Harrlabulll. PA 17110 (717) 232-2207 DAUPHIN CCCS ofW.lem PA ZooO Unglest\lWn Road Harriabulll. PA 17102 8~11-2227 PHFA 211 North Front Street. HarrlSbulll. PA 17110 ~42-2S97 DELAWARE Acom HOUSing COfpOIaUon 846 North Broad street Philadelphia. PA 19130 (215)765-1221 American financial Counseling SeIVi< 178 SlnIfford A\/IInue, SIlIIe One WSlifne. PA 19087 800-490-3039 Carroll Park Community COI.lncll, Inc. 6218 ~ster Strael Phlllldelphla, PA 19131 (215) 877-1157 January 2005 cecs llIWlIIII8m PA 2000 Llnglatown Reed HarrisbUlll. PA 17102 888-511-2227 Maranetha , 43 Phlllldelphla Avenue WaynMbor'o. PA 172eB (717) 782-3285 Community Al:lIon commission of C. 1514 Derry street Harrlsbulll. PA 17104 (717) 232.$757 American Creclft Counseling Institute 175 Sll'afford Avenue Suite 1 Wayne, PA 19087 (610)971-2210 American Red CRlll$ of CM.r 1729 Edgll/TlOl'lt Avenue C~"r, PA 19013 (810)874-1484 CCCS of Delaware Valley 290 North Pl'O\>idence Road Media, PA 19063 (215) 58S-5e11S f'1Ige 8 of 21 Community Action Commlllllon of Ca 1514 DeIlY snet Herrllburg. PA 17104 (717) 232-9757 PHFA 211 Notlh FJ'Ol1lStrael Harrisburg, PA 17110 800-342-2387 L.cweWIIp, Inc. 2320 NOr1h 6th StrIl8t Herrilbur;. PA. 17110 (717) 232-2.207 Amerlcasn Flnenclel Counsenng SaIVlc 1 Ablngton PI1IZe, Suite 403 Old York Road and Township LIne Jlnklnlowo, PA 19D46 800-491).3039 APM 2147 North Sixth straet Philadelphia, PA 18122 (216) 235-6788 CCCS of Delawllre Velley 790 e. MarketSt Sui1lo 170, Marshall Building West C~. PA 19382 (215) 583-5665 ~ , ~ 0 r-,) ;.::J ,~~1 't. C C"-'J .'.n f':;>'''' .~ ..... \.J c..: .~r. -Ti :;;- ~ ptr';;:' ........ ;'1: ~ C.:) --) ..j \J N ~ ~ ~ .....,. ~ ~ , - , ~ GO ",j ( " CD :< \ .,'" / . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-825-6321 Attorney for Plaintiff CITICORP TRUST BANK, FSB FIKJA TRAVELERS BANK & TRUST, FSB 1111 Northpoint Drive Building 4, Suite 100 Coppell, IX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. WALTERR. STANSBURY (Mortgagor(s) and Record owner(s)) 130-10 W. Portland Street Mechanicsburg, PA 17055 No. 06-3579 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. ffl"oJdstt- JOSEPH A. GOLDBECK, JR., ESQUIRE , ~:~ --' ;".;' SHERIFF'S RETURN - REGULAR CASE NO: 2006-03579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITICORP TRUST BANK VS STANSBURY WALTER R WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STANSBURY WALTER R the DEFENDANT , at 1901:00 HOURS, on the 28th day of June , 2006 at 130 - 10 W PORTLAND STREET MECHANICSBURG, PA 17055 by handing to WALTER R STANSBURY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ 18.00 8.80 .00 10.00 .00 36.80 -:/ 06/29/2006 '1/:4s/6S GOLDBERG KATZMAN to By: .~~~ R. Thomas Kline before me this day ~A7=~ v Deputy Sheriff Sworn and Subscibed of A.D.