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HomeMy WebLinkAbout06-6664ZOLDBECK 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 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF a( CTTIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. BRIDGET F. EMEIGH JASON T. EMEIGH Mortgagors and Real Owners 63 East Main Street Newville, PA 17241 Defendants Term No. CIVIL ACTION: MORTGAGE FORKLOSU"ff NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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 our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Judy 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-1677. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC., 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019. 2. The names and addresses of the Defendants are BRIDGET F. EMEIGH, 63 East Main Street, Newville, PA 17241 and JASON T. EMEIGH, 63 East Main Street, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On December 31, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to WILMINGTON FINANCE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1850, Page 529. The mortgage has been assigned to: CITIFINANCIAL MORTGAGE COMPANY, INC. by assignment of Mortgage dated May 06, 2004 as Book 707, Page 4886. 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 September 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$85,410.66 Interest from 08/01/2006 through 11/30/2006 at 10.2500% .....................$2,967.04 Per Diem interest rate at $24.32 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,270.53 Late Charges from 09/01/2006 to 11/30/2006 .............................................$227.83 Costs of suit and Title Search ......................................................................$900.00 Suspense ..................................................................................................... -$924.96 $92,851.10 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $92,851.10, together with interest at the rate of $24.32, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: G . ,DaWtc.C MdLDBECK MCCAMRTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Martin Corrales, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and convect to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: 11, I ?-- OS INC. SB/M INANCIAL MORTGAGE CO. INC. ExhibitA Gerierated by TaIIPDF.NET Evaluation .. _._?? 63 E. MAIN STREET NE'WVILLE, PA. 17241 ALL THAT CERTAIN tract of land situate In the Buruugh o[Nawvitle, Cutttbcdand County, Pennsylvania, bounded and described as follows, to wit; ON the Last by property now or formerly of Ed Bowman, on the South by East Main Street, on the Wost by property now of formerly of Arron Ruilkholder. and on the North by Cove Alley, and having a frontage on Main Street of 30 feet, and u deNh of about 130 -feet. BEING the same property which Roger K. Potteiger and Kristine E. Potteiger, his wife by Decd dated August 27,1990 and retx?rded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Dccd Book ,"I" Volume 34 page 49, granted and conveyed unto Michael A. Sheriff and Penny D. Sheriff', his wife. BEING the 3amc premises which Michael A. Sheriff and Penny D. Sheriff, his wife, by their Deed dated and rocorded even date herein in the Ollice of the Rocorder of lheds in and for Gumberlaod County, Pennsylvania, granted and conveyed unto Jason T. Emeigh and Bridget P. Emelgh. Mortgagors herein. BKi850PG0545, Click here to*unlock TaIIPDF.NET Ep.Xhibit (B ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE May 2, 2006 TO: Jason T. Emeigh 63 East Main Street Bridget F. Emeigh Newville, PA 17241 63 East Main Street Newville, PA 17241 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the Mort a e on our home is in default and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to help to save your home. This Notice explains how tie nro?ram works To see if HEMAP can help, ou must MEET WITH Al CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with -you when you meet the Counseling_Aeencv The name address and hone number of Consumer Credit Counselin Agencies serv'our Coun aze listed at the end of this Notice. If ou have an uestions ou ma call the Pennsylvania Housing Finance A enc toll free at 1-800-342-2397. Persons with impaired hearin 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 ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME (S): Jason T. Emeigh and Bridget F. Emeigh PROPERTY ADDRESS: 63 East Main Street, NewAlle, PA 17241 LOAN ACCT. NO.: 5001628687 ORIGINAL LENDER: Citifinancial Mortgage Company, Inc. CURRENT LENDER/SERVICER: Citifinancial Mortgage Company, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE, FOR Env A ivni A T IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTG ACP A ceTC9r A............ . . MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MOR'GAGE UP TO DATE consumer credit counselin a enciesfor the coun in which the sro ae t is located are set forth atl of this gnated end Notice. It is only necessary to schedule one face-to-face meeting. Of your intentions. Advise your lender imm_ e_ diately . 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 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 you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 63 East Main Street, Newville, PA 17241 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: 03/01/06 through 05/01/06 at $960.73 for 03/01/06 & 04/01/06 then $924.96 for 05/01/06. Monthly Payments Plus Late Charges Accrued $2,846.42 NSF: $0.00 Inspections: $0.00 BPO: $0.00 Speed pay: $0.00 Uncollected credit insurance: $0.00 Uncollected late charges: $198.13 Taxes: $0.00 Late fee income: 0.00 Total amount to cure default $3,044.55 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,044.55, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (800) 422-1498. Payments must be made either by cash, cashier's check, certified check or money order made savable and sent to Citifinancial Mortgage Comsanv, Inc., ATTN Department ATM, 4050 Regent Blvd.. Irving, Texas 75063 MS- NIB-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 if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure won your mortag_ge sroperty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-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 Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Citifinancial Mortgage Company, Inc. ATTN Department ATM 4050 Regent Blvd. Irving, Texas 75063 MS-NIB-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 sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. • 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. If you do so in writing within thirty (30) days from the receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested in writing within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, Phelan Hallinan & Schmieg, LLP On Behalf of Citifmancial Mortgage Company, Inc. By: Francis S. Hallinan FF: jap Cc: Citifinancial Mortgage Company, Inc. Attn: Loss Mitigation Account No.: 5001628687 Mailed by 0 Class Mail and by Certified Mail No: 7005 1820 0003 1515 9063/9070 Jan-06-2005 11:t6as From- T-447 P.007/011 F-616 Pennsylvania Housing Finance Agency Homeowners` Emergency Mortgage Ast,istance Program County Counseling Agency List January 2005 CUMBERLAND Adams County Interfaith Housing Autl 40 E. High street Gettysburg, PA 17325 (717) 334-1518 toveship, Inc, 2320 North Sth Street Harrisburg, PA 17110 (717)232-2207 DAUPHIN CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888-611-2227 PHFA 211 North Front Street Harrisburg, PA 17110 800442-2397 DELAWARE Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (216) 765-1221 American Financial Counseling Servic 175 Strafford Avenue, Suite One Wayne, PA 19087 800-490-3039 Carroll Park Community Council, Inc. 6218 Master Street Philadelphia, PA 19131 (216) 877.1157 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Maranathe 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Community Action Corninission of ca 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 American Credit Counseling institute 175 Strafford Avenue' Suite 1 Wayne, PA 19087 (610) 971-2210 American Red Cross of Chester 1729 Edgernont Avenue Chester, PA 19013 (610) 874-1464 CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-WSS Cornmunity Action Commission of Ca 1314 Derry Street Harrisburg, PA 17104 (717) 232-9757 PHPA 211 North Front Street Harrisburg, PA 17110 800-342.2397 Loveship, htc. 2320 North 5th Street Harrisburg, PA 17110 (717)232.2207 American Financial Counseling Servk 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19048 800.490-3039 APM 2147 North Sbah Street Philadelphia, PA 19122 (215) 235-6788 CCCS of Dehrmre Valley 790 E. Madwt St Suite 170, Marshall Balding West Chester, PA 19382 (215) 563-5655 i Page 8 of 21 lV V A - -? -ri _-1 ill In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagor(s) and Record Owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-6664 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 BRIDGET F. EMEIGH and JASON T. EMEIGH by default for want of an Answer. Assess damages as follows: Debt Interest from 01/03/07 to Date of Sale Total (Assessment of Damages attached) $93,653.66 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIE UNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FR TH COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to he party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least n days . to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 N 1/ 27 Joseph A. Goldb Jr. Attorney for Plait tiff I.D. #16132 AND NOW aQ?j 7 is entered in favor of CITIMORTGAGE INC. B/M CITIFINANCIAL MORTGAGE COMPANY IN C. and against BRIDGET F. EMEIGH and JASON T. EMEIGH by default for want of an Answer and damages assessed in the sum of $93,653.66 as per a above certification. Prothonotary t__ _, Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff No. 06-6664 vs. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagors and Record Owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) 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. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: 4`7 If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 CITX-1677 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. TO: JASON T. EMEIGH 63 East Main Street Newville, PA 17241 CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagor(s) and Record Owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) TO: JASON T. EMEIGH 63 East Main Street Newville, PA 17241 DATE OF THIS NOTICE: December 20, 2006 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-6664 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 7 sty r. CIIA' zeck 7r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 CITX-1677 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. TO: BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagor(s) and Record Owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) TO: BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 DATE OF THIS NOTICE: December 20, 2006 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-6664 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 - 0 xvh Gar6eck 7r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 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, BRIDGET F. EMEIGH, is about unknown years of age, that Defendant's last known residence is 63 East Main Street, Newville, PA 17241, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Mili r or Naval Service of the United States or its Allies, o otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 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, JASON T. EMEIGH, is about unknown years of age, that Defendant's last known residence is 63 East Main Street, Newville, PA 17241, 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 herwi'se within the provisions of the Soldiers' and Sailors' ivil Relief Action of Congress of 1940 and its Amendments. % Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagor(s) and Record owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6664 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE INC. S/B CITIFINANCIAL MORTGAGE COMPANY INC., and against BRIDGET F. EMEIGH and JASON T. MEIGH for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the ted Sates of America) from the date of service of the Complaint, in the sum of $93,653.66. Joseph A. Gi Attorney for I hereby certify that the above names are correct and that the creditor is CITIMORTGAGE INC. S/B/M CITIFINANCIAL MOR'I Drive Building 4, Suite 100 Coppell, TX 75019 and that the name(s) Defendant(s) is/are BRIDGET F. EMEIGH, 63 East Main Street Nei 63 East Main Street Newville, PA 17241; GOLDBECK BY: Joseph A Attorney for 1 ise re nce address of the judgment j O PANY INC. 1111 Northpoint last kn wn address(es) of the k PA 7241 and JASON T. EMEIGH, Goldbeck, & McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 08/01/2006 through 01/02/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Suspense $85,410.66 $3,769.60 $4,270.53 $227.83 $900.00 -$924.96 $93,653.66 u GOLDBECK McC T, BY: Joseph A. Gol k, Jr. Attorney for Plaintiff AND NOW, this '144 t day of , 2007 damages are assessed as above. Pro Prothy 1: CS ll VVV ?Y ? ¦ . ?1 ^ W { PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. BRIDGET F. EMEIGH JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6664 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 01/03/07 to Date of Sale at 10.2500% $93,653.66 (Costs to be added) ?z d Z H U H ? U O H ? Y, U w ^C "t C) t W W o Ln W C] ? W O H m W ? ? d ?G o a 3w ? a i Q W E w U i r ?? `Sllt? Ll.? ? - 4- /'-, V V y r y ?"'--- ? t t t 1 '?79• H C7 d w Y 7 ? „ U o ? 5 is c- O ?O 0 a ?o T1? N v M a Y ? V All that certain tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the east by property now or formerly of Ed Bowman, on the south by East Main Street, on the west by property now or formerly of Arron Burkholder, and on the north by Cove Alley, and having a frontage on Main Street of 30 feet, and a depth of about 180 feet. Being the same property which Roger K. Potteiger and Kristine E. Potteiger, his wife by Deed dated August 27, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "I" Volume 34 page 49, granted and conveyed unto Michael A. Sheriff and Penny D. Sheriff, his wife. Being the same premises which Michael A. Sheriff and Penny D. Sheriff, his wife, by their Deed Dated and recorded even date in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Jason T. Emeigh and Bridget F. Emeigh, Mortgagors herein. BEING KNOWN AS 63 EAST MAIN STREET, NEWVILLE PA 17241 TAX PARCEL NO: 27-20-1756-083 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6664 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff (s) From BRIDGET F. EMEIGH AND JASON T. EMEIGH (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 $93,653.66 L.L. $.50 Interest FROM 1/3/07 TO DATE OF SALE AT 10.2500% Atty's Comm % Due Prothy $1.00 Atty Paid $135.68 Other Costs Plaintiff Paid Date: JANUARY 4, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Deputy Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. S/B/M CI TIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagor(s) and Record Owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-6664 CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY 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: 63 East Main Street Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 JASON T. EMEIGH 63 East Main Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 JASON T. EMEIGH 63 East Main Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMJINEE FOR DEL NORTE REF. LLC, ITS SUCCESSORS AND ASSIGNS P.O. BOX 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 63 East Main Street Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct t the best of my personal knowledge or information and belief. I understand that false statements herein are made subje t to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / DATED: January 2, 2007 GOLDBECK] BY: Joseph A. Attorney for P IC) - * z ?- -n ? X7 c.n 06-6664 GOLDBECK 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 Attorney for Plaintiff CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff BRIDGET F. EMEIGH VS. JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s Term No. 06-6664 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: EMEIGH, BRIDGET F. BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 Your house at 63 East Main Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,653.66 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 06-6664 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. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6664 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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 our toll free number at 1-866-413-2311 or via email at homeretention&goldbecklaw.com. Call Judy 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-1677. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. row n `' : 06-6664 1 GOLDBECK 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 Attorney for Plaintiff CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff BRIDGET F. EMEIGH VS. JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s Term No. 06-6664 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: EMEIGH, JASON T. JASON T. EMEIGH 63 East Main Street Newville, PA 17241 Your house at 63 East Main Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,653.66 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 06-6664 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 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 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 f 06-6664 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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 our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Judy 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-1677. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ra C+ Q -rt ? ?r CRn ' r- `?I+ Ln SHERIFF'S RETURN - REGULAR Y ?t CASE NO: 2006-06664 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND CITIMORTGAGE INC VS EMEIGH BRIDGET F ET AL J MICHAEL ICKES Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon r-nar- TrITT DDTnf-Vrr V the DEFENDANT , at 1810:00 HOURS, on the 29th day of November , 2006 at 63 EAST MAIN STREET NEWVILLE, PA 17241 by handing to ADULT IN CHARGE JASON T EMEIGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 00 8 Sworn and Subscibed to before me this day So Answers: r,r R. Thomas Kline 11/30/2006 GOLDBECK MCCAFFERTY MCKEEVER By. Deputy Sheriff of A. D. t A'"s CASE NO: 2006-06664 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC Vs EMEIGH BRIDGET F ET AL J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EMEIGH JASON T the DEFENDANT , at 1810:00 HOURS, on the 29th day of November , 2006 at 63 EAST MAIN STREET NEWVILLE, PA 17241 by handing to JASON T EMEIGH 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 /.2 'u -a ( o 1, k,-'16 . 0 0 Sworn and Subscibed to before me this day of , So Answers: ioe: ,?= -t 'y'am •, "Y .?-? R. Thomas Kline 11/30/2006 GOLDBECK MCCAFFERTY MCKEEVER By: ?.?. Deputy Sheriff A. D. 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 CITX-1677 CF: 11/17/2006 SD: 06/13/2007 $93,653.66 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. BRIDGET F. EMEIGH JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 06-6664 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/ alt (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 all lienholders (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. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Re ectfully sub B : Jo eph Goldbeck, Jr., Atto ey for Plaintiff Citimortgage Inc. s/b/m Citifinancial Mortgage In The Court of Common Pleas of Company, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-6664 Civil Term Bridget F. Emeigh and Jason T. Emeigh Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1833 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Bridget F. Emeigh and Jason T. Emeigh, by making known unto Jason Emeigh, personally and husband of Bridget F. Emeigh, at 63 East Main Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1502 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bridget F. Emeigh and Jason T. Emeigh, at 63 East Main Street, Newville, 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 defendants, to wit: Bridget F. Emeigh and Jason T. Emeigh, by regular mail to their last known address of 63 East Main Street, Newville, PA 17241. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff B L Real Estate eputy (D!I 1 r to U [? ?o r N rn ? N 'OZO a y} a N Q tit o a v ?cr) w S? N O Q / . Cn z w -0 ph qZQ , J 0 00< U) M (n U- 0 w (1) N 7Zu z (On m ? CL O ZN C114 J 7 N U w?Qr UD ia ? LL. ? a Z N q z -- U) ~ c 0 w Z _ Ir- u. c LL O c 9 a ? Cn 2S ? Q w 4 w CC W A ? w 0 E ? ? „Em ??y e6 ? U m Jo$ ? o0clo U- pC ? CD C CA a CV N 0 R 7 m r O U'2 O Q w'O Z D- , v - ? t 1 z 0 Lou- N Q o L p000 w o y 0 2 m? Q; m M 4 L 000 cc p m=2 U N ?Q ! av°o1-JMl mm C3 U, _ !CV t i li C t m a GG O a N U a a m N m d c V m 0 C m ffi ? .. V 0 ? iu N }- O a t rn O N N O ul w u: a ? ti r- E- ?dd a y M r 0 a ? oN a U m ;rte GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CTTIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. BRIDGET F. EMEIGH JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-6664 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY 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: 63 East Main Street Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 JASON T. EMEIGH 63 East Main Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE JASON T. EMEIGH 63 East Main Street Newville, PA 17241 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 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMJINEE FOR DEL NORTE REF. LLC, ITS SUCCESSORS AND ASSIGNS P.O. BOX 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 63 East Main Street Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 15, 2007 ')W10)-Mdhfz(?t GO B CK hfcCAFFERTY & McKEEVER BY: h A. Goldbeck, Jr., Esq. Attorney for Plaintiff -.-' .--a --??_ -r .?.,, ?,-? r-n _._ ?? r ?a ? ?, . - ?,. ;? c?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Citimortgage Inc is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 4th day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6664, at the suit of Citimortgage Inc against Bridget F Emeigh & Jason T is duly recorded in Deed Book No. 281, Page 73. IN TESTIMONY WHEREOF, I have hereunto set my hand -& aneal of said office this day of A.D. 2et -7 KI-1 s {r R9=dK d Defrdt, Cumber W 0M V 09W PA My CwmWm Evhs to First Mwfty d Jm. 2010 Citimortgage Inc. s/b/m Citifinancial Mortgage In The Court of Common Pleas of Company, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-6664 Civil Term Bridget F. Emeigh and Jason T. Emeigh Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1833 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Bridget F. Emeigh and Jason T. Emeigh, by making known unto Jason Emeigh, personally and husband of Bridget F. Emeigh, at 63 East Main Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1502 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bridget F. Emeigh and Jason T. Emeigh, at 63 East Main Street, Newville, 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 defendants, to wit: Bridget F. Emeigh and Jason T. Emeigh, by regular mail to their last known address of 63 East Main Street, Newville, PA 17241. These letters were mailed under the date of April 3, 2007 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 June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, 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 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $948.25. Sheriffs Costs: Docketing $30.00 Poundage 18.60 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 21.12 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 308.39 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 948.28 ? ? f b4, i Ng 6b 4? So Answers.- y Sh riff g. Thomas' Kline BY Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. BRIDGET F. EMEIGH JASON T. EMEIGH (Mortgagor(s) and Record Owner(s)) 63 East Main Street Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6664 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY 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: 63 East Main Street Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 JASON T. EMEIGH 63 East Main Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 JASON T. EMEIGH 63 East Main Street Newville, PA 17241 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 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, AS NOMJINEE FOR DEL NORTE REF. LLC, ITS SUCCESSORS AND ASSIGNS P.O. BOX 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 63 East Main Street Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct t rthebest my personal knowledge or information and belief. I understand that false statements herein are made subje alties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 2, 2007 GOLDBECK Mc ER BY: Joseph A. b , Jr., Attorney for Plaint 06-6664 GOLDBECK 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 Attorney for Plaintiff CTTIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff BRIDGET F. EMEIGH VS. JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s' , Term No. 06-6664 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: EMEIGH, JASON T. JASON T. EMEIGH 63 East Main Street Newville, PA 17241 Your house at 63 East Main Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,653.66 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 06-6664 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 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 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6664 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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 our toll free number at 1-866-413-2311 or via email at homeretentiona-goldbecklaw.com. Call Judy 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-1677. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. vV-000I+ GOLDBECK 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 Attorney for Plaintiff CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. BRIDGET F. EMEIGH JASON T. EMEIGH Mortgagor(s) and Record Owner(s) 63 East Main Street Newville, PA 17241 Defendant(s Term No. 06-6664 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: EMEIGH, BRIDGET F. BRIDGET F. EMEIGH 63 East Main Street Newville, PA 17241 Your house at 63 East Main Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $93,653.66 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 06-6664 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 fmd 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 fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6664 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). 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 our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Judy 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-1677. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the east by property now or formerly of Ed Bowman, on the south by East Main Street, on the west by property now or formerly of Arron Burkholder, and on the north by Cove Alley, and having a frontage on Main Street of 30 feet, and a depth of about 180 feet. Being the same property which Roger K. Potteiger and Kristine E. Potteiger, his wife by Deed dated August 27, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "I" Volume 34 page 49, granted and conveyed unto Michael A. Sheriff and Penny D. Sheriff, his wife. Being the same premises which Michael A. Sheriff and Penny D. Sheriff, his wife, by their Deed Dated and recorded even date in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Jason T. Emeigh and Bridget F. Emeigh, Mortgagors herein. BEING KNOWN AS 63 EAST MAIN STREET, NEWVILLE PA 17241 TAX PARCEL NO: 27-20-1756-083 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6664 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff (s) From BRIDGET F. EMEIGH AND JASON T. EMEIGH (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 $93,653.66 L.L. $.50 Interest FROM 1/3/07 TO DATE OF SALE AT 10.2500% Atty's Comm % Due Prothy $1.00 Atty Paid $135.68 Other Costs Plaintiff Paid Date: JANUARY 4, 2007 Curtis R. Long, Prothonotary (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 29 On February 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 63 East Main Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2007 By: Real Estate Sergeant Z'h :11 V 'a- INVP 10o1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: April 20, 27 & May 4, 2007 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. Coyne, SWORN WAND SUBSCRIBEb before me this 4 --day of MU, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlislc Boro, Cumberland Courfty Miy Cc ; 'rxi ?? ? i'es March 5, 2'10 RRAL ITA?Z BALE NO. 28 Writ No. 2006-6664 Civil Citimortgage Inc s/b/m Citifinancial Mortgage Company Inc. VS. Bridget F. Emeigh and Jason T. Emeigh Atty.: Joseph Goldbeck All that certain tract of land situ- ate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the east by property now or formerly of Ed Bowman, on the south by East Main Street, on the west by property now or formerly of Arron Burkholder, and on the north by Cove Alley, and having a frontage on Main Street of 30 feet, and a depth of about 180 feet. Being the same property which Roger K. Potteiger and Kristine E. Potteiger, his wife by Deed dated August 27, 1990 and recorded in the Ogee of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "I° vol- ume 34 page 49, granted and con- veyed unto Michael A. Sheriff and Penny D. Sheriff, his wife. Being the same premises which Michael A. Sheriff and Penny D. Sheriff, his wife, by their Deed Dated and recorded even date in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Jason T. Emeigh and Bridget F. Emeigh, Mortgagors herein. BEING KNOWN AS 63 EAST MAIN STREET, NEWVILLE PA 17241. TAX PARCEL NO: 27-20-1756- 083. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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 SALE#29 - - ---------------- Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal 'ferry L. Russell, Notary Public City Of Harrisburg, Dauphin County MY Co fission Expires June 6, 2010 ember nsvivania Association of Notaries TARY PUBLIC I CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013