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HomeMy WebLinkAbout07-0252In the Court of Common Pleas of Cumberland County CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC. 11 I I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 vs. CINDY S HOKE (Mortgagor(s) and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 07-252 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 CINDY S HOKE by default for want of an Answer. Assess damages as follows: Debt Interest from 02/22/2007 to Date of Sale Total (Assessment of Damages attached) $131,148.40 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred d at least ten d s pr' r o the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph Goldb ck, Jr. Attorney or Plai tiff I.D. #16132 AND NOW a .4-W C1 _ ;4_ _ _, (xi ? , Judgment is entered in favor of CITIMORTGAGE INC. S /M CITIFINANCIAL MORTGAGE CO., INC. and against CINDY S HOKE by default for want of an Answer and damages assessed in the sum of $131,148.40 as per the abo certification. Protonotary 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 CO., INC. I 1 I 1 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff No. 07-252 VS. CINDY S HOKE (Mortgagors and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 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: 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-1748 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 8, 2007 TO: CINDY S HOLE 784 Lancaster Avenue Enola, PA 17025 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff' vs. CINDY S HOKE (Mortgagor(s) and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) TO: CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-252 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 TIM 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 ? e?fr.A.Gardlieck 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, CINDY S HOKE, is about unknown years of age, that Defendant's last known residence is 784 Lancaster Avenue, Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: V? 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 CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE (Mortgagor(s) and Record owner(s)) 784 Lancaster Avenue Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-252 ORDER FOR JUDGMENT Please enter Judgment in favor of CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC., and against CINDY S HOKE for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $131,148.40. W L 11 n Joseph . Go beck, J Attorn for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC. 111 I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 and that the name(s) and last known address(es) of the Defendant(s) is/are CINDY S HOKE, 784 Lancaster Avenue Enola, P 17025; GO 4BECV,c AFFERTY & McKEEVER BY: oseph A. Goldbeck, Jr. Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $118,669.42 Interest from 08/01/2006 through $6,074.14 02/21/2007 Reasonable Attorney's Fee $5,933.47 Late Charges $334.81 Costs of Suit and Title Search $900.00 Corporate Advance $40.00 Suspense -($803.44) Total $131,148.40 GOL ECIA McCAIf ERTY & McKEEVER BY: J eph A. Goldbeck, Jr. Atto y for Plaintiff AND NOW, this.2lV day of 1644k, 2007 damages are assessed as above. Pro Pr thy T ?k. ?, C? v ?' w - --f _ 3?' a? ?? ? ?? ? ? t`.; ? . j/ # r- fryi ,..1* ( ?? ???ww fE3 .> ?t _'# ?; £.,.? :? ? ,??-_ r 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. S/B/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-252 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $131,148.40 Interest from 02/22/2007 to Date of Sale at 8.9900% (Costs to be added) (AWA "- - GOLD CK c VERTY & McKEEVER BY: Jo ph A. Gok, Jr. Attorne for Plaintiff a? Z ?U U O W e ?? ?, a a r W N W rl T-A O v on ? U 0 ° W o a ? z ? U CTN V •? ?3 ` 6 f ! t `v w .,1._ w ca r c:..3 r `gyp --+. C-C In ri Li O~ r? .7 1? c? *Vr ?` All that certain piece, parcel or lot of land and premises, situate, lying and being in the Township of East County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the Eastern line of Lancaster Road at the Southwest corder of Lot No. 8, Block "A" as shown on the hereinafter mentioned plan of lots; thence by the dividing line between Lots Nos. 8 and 9, Block "R", North 73 degrees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley; thence by the western line of said alley, South 16 degrees 45 minutes East, one hundred (100) feet to a pin; thence by the dividing line between Lots Nos. 10 and 11, Block "R", South 75 degrees 15 minutes West, one hundred forty-five (145) feet to a pin on the eastern line of Lancaster Road; thence by the Eastern line of Lancaster Road, North 16 degrees 45 minutes west, one hundred (100) feet to a point, the place of beginning. TAX PARCEL 09-15-1290-171 BEING KNOWN AS 784 LANCASTER AVE ENOLA PA 17025 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. MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 S/B/M CITIFINANCIAL IN THE COURT OF COMMON PLEAS of Cumberland County vs. CINDY S HOKE (Mortgagor(s) and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-252 CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 784 Lancaster Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE • 4. Name and address of the last recorded holder of every mortgage of record: PRINCIPAL RESIDENTIAL MORTGAGE INC. 711 High St Des Moines, IA 50392-0001 ASSOCIATES FINANCIAL 1111 NORTHPOINT DRIVE BUILDING 4 SUITE 100 COPPELL, TX 75019 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 784 Lancaster Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 21, 2007 GOL ECIJMcCAFTERTY & McKEEVER BY: seph . Goldbeck, Jr., Esq. Atto v for Plaintiff t ;, 07-252 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#I 6132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(s Term No. 07-252 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: HOKE, CINDY S CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 Your house at 784 Lancaster Avenue, Enola, PA 17025 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 $131,148.40 obtained by CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., 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. S/B/M CITIFINANCIAL MORTGAGE CO., 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 07-252 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 07-252 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 homeretentionLcyg_oldbecklaw.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-1748. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ? ? ? c-? .-• ?...j : ?` - ?? :i `;`? ?'°? =o .'?? .?? ?- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-252 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC., Plaintiff (s) From CINDY S. HOKE (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 $131,148.40 L.L. $.50 Interest FROM 2/22/07 TO DATE OF SALE AT 8.9900% Atty's Comm % Due Prothy $1.00 Atty Paid $124.08 Other Costs Plaintiff Paid Date: MARCH 2, 2007 C s R. Long, P to (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 s 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 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF ash.. C ???cT CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC. 111 I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. CINDY S HOKE Mortgagor and Real Owner 784 Lancaster Avenue Enola, PA 17025 Defendant CIVIL ACTION: MORTGAGE "LICI-08URF 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 Term No. 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 ISA 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. 9400 or 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). 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-1748. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC., 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019. 2. The names and addresses of the Defendant is CINDY S HOKE, 784 Lancaster Avenue, Enola, PA 17025, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On February 15, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WILMINGTON FINANCE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1942, Page 1. The mortgage has been assigned to: CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC. by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. 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 ................................ .......$118,669.42 Interest from 08/01/2006 through 01/31/2007 at 8.9900% ....................... $5,451.91 Per Diem interest rate at $29.63 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,933.47 Late Charges from 09/01/2006 to 01/31/2007 .............................................$334.81 Costs of suit and Title Search ......................................................................$900.00 Corporate Advance ........................................................................................$40.00 Suspense ..................................................................................................... -$803.44 $130,526.17 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 Sheriffs 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 Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $130,526.17, together with interest at the rate of $29.63, 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: GOLDBECK Mc ?FE TY & McKEEVER BY: JOSEPH A. G BECK, JR., ESQUIRE ATTORNEY FOR P A TIFF 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 correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:_ L1 Z I AGE, NC. SB/M MORTGAGE CO. INC. E..x.hibit.A AJl filiAT OMANi PIgM. MNM OR MM JOWM0.4p A * me sAmw err ? %AM AND duW W. NW o of Do ? O T A ?ou? we Lon # LANG ?1 ?.y . ii1GA LOM Mos. SAM% tilt " MAD AT 7Ml.I?Ri SIR ?1p?? PLAN CR ?M; ??' ?? OF Ldr W ?. . NM M Td 1 o JY?#J m Tpo" My 71''1 ?eVI?IMIM I?If P (w Cot Two MI?7 UWE OF A 15 J• III" ML??D ? I'? ? tip wdft AND 45 /m1t r. OhW ?M? (jooj;; ; T*A M i4 WMIM f ? 00 4M/rLws JJ1 wm 1 s M PIN TM MGM" CI0 1 MOM tll?E ?rIM" 73 15 J MWM yAW, OIL ? ?M M40" uO UrVO N Wro ft m Una Ms. SAM 10. K= -W IN W PLAN QF ?.Tw?? ?X WMW Na "WK 1tNldyllly ? KAW AS Iii i.:i4? jqw TAX MAP ? PA Ca D NO.: l S-122W1 Tim r TM ?. to aiV from KmbW no wre b Cb* J3. Hd wf. E..x,.hibit 0 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: December 8, 2006 TO: Cindy S. Hoke 784 Lancaster Avenue Enola, PA 17025 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 morta 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-page ,,sThe HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name address and hone number of Consumer Credit Counseling Agencies serving our Coun are listed at the end of this Notice. If you have anuestions you -ma call the Penns lvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you 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. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 STATEMENTS OF POLICY HOMEOWNER'S NAME (S): Cindy S. Hoke PROPERTY ADDRESS: 784 Lancaster Avenue, Enola, PA 17025 LOAN ACCT. NO.: 5003365728 ORIGINAL LENDER: Citifinancial Mortgage Company, Inc. CURRENT LENDER/SERVICER: Citifinancial Mortgage Company, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies encies listed at the end of this notice the lender may NOT take action against you for this (LO) days after the date of this meetine The names addresses and telephone numbers of designated consumer credit counseling agencies encies for the coup or which the ro is located are set forth at th e end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in 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. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 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. f you have filed bankruptcy you can still apply for Emergenev Mnrtanan A-;.+e....e. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it m R to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 784 Lancaster Avenue, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 09/01/06 through 12/01/06 at $1,004.47 for 09/01/06 then $1,004.47 for 10/01/06 then $1,004.47 for 11/01/06 then $956.64 for 12/01/06. Monthly Payments Plus Late Charges Accrued $3,970.05 NSF: $40.00 Inspections: $0.00 BPO: $0.00 Speed Pay: $0.00 Uncollected Credit Insurance: $0.00 Uncollected Late Charges: $191.32 Taxes: $0.00 Late Fee Income: $0.00 Total Amount to Cure Default $4,20137 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): 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 $4,20137, 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. Payments must be made either by cash cashier's check certified check or money order made payable and sent to Citifinancial Morta e Company, 4050 Recent Blvd. MS-NIB-165 Irvine TX 75063 Attention: Department ATM. 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 ap licable) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt 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 (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage pro !eM. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 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 (30) 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 (30) DAY period and foreclosure proceedings have begun, you still have the ri t to cure the default and prevent the sale at any time Q to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus anv late or other charges then due reasonable attome 's fees and costs connected with the foreclosure sale and another costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anv other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the 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: Citifinancial Mortgage Company, Inc. 4050 Regent Blvd. Irving, TX 75063 Attn: Department ATM MS-N111-165 (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 mayor 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. FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 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-.F rancis S. linen, Esquire PHS: jap Cc: Citifinancial Mortgage Company, Inc. Attn: Department ATM Account No.: 5003365728 Mailed by I" Class Mail and by Certified Mail No: 7005 2570 0001 3311 6830 FC-1700-PHS CTB ACT 91 PA Breach Rev.05/26/2005 -- FOLD HERE Cindy S. Hoke 784 Lancaster Avenue Enola, PA 17025 - FOLD HERE - Jan-06-2005 11:26as Frm- T-447 P-007/016 F-616 Pennsylvania Housing Finance Agency Homeowners' Emergency Mortgage Assistance Program County Counseling Agency List CUMBERLAND Adams County Interfaith Housing Aud 40 E Hugh Street Gettysburg, PA 17325 (717) 334-1518 Loveship. Inc. 2320 North Sth Street Harrisburg, PA 17110 (717) 232-2207 DAUPHIN CCCS of Western PA 2000 Linglestown 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 (215) 765-1221 American Financial Counseling Servlc 178 Strafford Avenue, Suite One Wayne, PA 19087 800-490-3039 Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (216) 577.1157 January 2005 CCCS of W&Awn PA 2000 Lfrgiestown Road Harrisburg, PA 17102 888-511-2227 Maranathe 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 782-3285 Community Action commission of ca 1514 Derry Street Harrlstxrrg, PA 17104 (717) 232-9757 PHPA 211 North Front Street Harrisburg, PA 17110 800-342.2397 Community Action Commission of Ca Loveship, Inc, 1514 Derry SWeet 2320 North 5th Street Harrisburg, PA 17104 Harrisburg, PA 17110 (717) 232-9757 (717) 232-2207 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 (610) 971-2210 American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (810) 8741484 CCCS of Delaware Valley 280 North Providence Road Media, PA 190tH (215) 583-5885 American Financial Counseling Servic 1 Abington Plaza, Suite 403 Old York Road and Township Line Jenkintown, PA 19046 800.490-3039 APM 2147 North Skth Street Philadelphia, PA 19122 (215) 235-6788 CCCS of DeWftre Vaky 790 E. Ma"t St. Suite 170, Marshall Building West Chester, PA 19382 (215) 583.5665 page 8 of 21 n V J - IT C, ' 5"T, C.1J W ;? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS HOKE CINDY S SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOKE CINDY S DEFENDANT the at 1955:00 HOURS, on the 18th day of January-, 2007 at 784 LANCASTER AVENUE ENOLA, PA 17025 !?TATTI\T TTr1T7T7 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 .00 42.08 Dq o '? 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/19/2007 GOLDBECK MCCAFFERTY MCKEEVER 001, By: Deputy Sheri A.D. r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-252 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due interest from 02/22/2007 to Date of Sale at 8.9900% (Costs to be added) $131,148.40 IcCAFFERTY & McKEEVER Goldbeck, Jr. W Z ?U rN'- U ? CW7 a?o?" Ud H z o w ?c O ? Q W F ? H U Q r w( uLU d ? 'z, 6a U N 6> U ti ? V1 ? ? L N A N ? N yy W N rA W Pw Q G? o d ¢+N Q ydr N on da ^ t, U O W W ^2 Y a U o- ? ? . t4 • V • ?? . r.. C3 t 1 d © ` • • ( _ 444 t :, r r kA c::n - C t 040 O<, All that certain piece, parcel or lot of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the Eastern line of Lancaster Road at the Southwest corner of Lot No. 8, Block "A" as shown on the hereinafter mentioned plan of lots; thence by the dividing line between Lots Nos. 8 and 9, Block "R", North 73 degrees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley, thence by the western line of said alley, South 16 degrees 45 minutes East, one hundred (100) feet to a pin; thence by the dividing line between Lots Nos. 10 and 11, Block "R", South 75 degrees 15 minutes West, one hundred forty-five (145) feet to a pin on the eastern line of Lancaster Road; thence by the Eastern line of Lancaster Road, North 16 degrees 45 minutes west, one hundred (100) feet to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 784 Lancaster Avenue Enola, PA 17025 SOLD as the property of CINDY S HOKE TAX PARCEL #09-15-1290-171 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-252 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC., Plaintiff (s) From CINDY S. HOKE (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 $131,148.40 L.L. Interest 2/22/07 TO DATE OF SALE AT 8.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $1075.55 Plaintiff Paid Date: JULY 10, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Other Costs LlepUly Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CTTIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 VS. CINDY S HOKE (Mortgagor(s) and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-252 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 784 Lancaster Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 r 4. Name and address of the last recorded holder of every mortgage of record: PRINCIPAL RESIDENTIAL MORTGAGE INC. 711 High St Des Moines, IA 50392-0001 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 784 Lancaster Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. i DATED: July 6, 2007 K McCAFFERTY & McKEEVER A. Goldbeck, Jr., Esq. Plaintiff t.... t''-' .-C ... ?i `?i •• , r"' ?_ ?'' ;•. Ca C 07-252 WLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey 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 CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(s Term No. 07-252 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: HOKE, CINDY S CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 Your house at 784 Lancaster Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $131,148.40 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., 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 CO., 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 07-252 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 07-252 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.g_ov. 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-1748. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. rLN% x ?.1 -J -C) e Citimortgage Inc. s/b/m Citifinancial Mortgage In the Court of Common Pleas of Co., Inc. Cumberland County, Pennsylvania VS Writ No. 2007-252 Civil Term Cindy S. Hoke Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 23, 2007 at 1550 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Cindy S. Hoke, by making known unto Amy Hoke, adult in charge for Cindy S. Hoke, at 784 Lancaster Ave., Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1139 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cindy S. Hoke, located at 784 Lancaster Ave., Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cindy S. Hoke, by regular mail to her last known address of 784 Lancaster Ave., Enola, PA 17025. This letter was mailed under the date of April 4, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Mileage Levy Surcharge Prothonotary Law Library Share of Bills Law Journal Patriot News 30.00 147.07 15.00 15.00 27.84 15.00 20.00 1.00 .50 16.17 355.00 287.39 $ 929.97 V,' 4,16y107 `7'`., So: R. Thomas Kline, Sheriff BY a Real estate Se eant e Cl- ? 5'PP1? / 93slas 0 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 CITIFINANCIAL MORTGAGE CO., INC. 1 I I I Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE (Mortgagor(s) and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-252 V 1 i uvwlZ i Gi?. !N,.. S 13/1%1 l I I It'll.-ANC IAL XioiK i IlAhL C.U.. INC., Plalntltl to t]]e above action, by ICs attorney, Joseph A. Goldbeck, Jr.. Esquire, sets forth as of the date the praecipe for the writ of execution was tiled the following infortnation concerning the real property located at: 784 Lancaster Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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: PRINCIPAL RESIDENTIAL MORTGAGE INC. 711 High St Des Moines, IA 50392-0001 ASSOCIATES FINANCIAL I 1 I I NORTHPOINT DRIVE BUILDING 4 SUITE 100 COPPELL, TX 75019 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 784 Lancaster Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verity that the aatenents made in this affidavit are true and correct to the best of im pcrsonat knwnvled-,e or inforn1ation and belief I understand that false statements herein are made subject t; the pcnalt e I8 Pa. C.S. Section 4904 relating to unsworn falsif icatton to authorities. DATED: February 21, 2007 GOL ECI McCAffERTY & McKEEVER BY: seph . Goldbeck, Jr., Esq. Atto v for Plaintiff 07-252 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 CO., INC. I I 1 1 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defenclant(s Term No. 07-252 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: HOKE, CINDY S CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 Your house at 784 Lancaster Avenue, Enola, PA 17025 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 $131,148.40 obtained by CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., 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 I . The sale will be cancelled if you pay to CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., 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 f ` 07-252 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 sate. 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 Sherilt",,i%cs a deed to the buyer. At that time. 111c buyer may bring tceal proceeduws to cy ict %ou. 6. 1'ou may be entitled to a share of the money,,vhich was paid for your house. A schedule ol' 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 lk 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. 07-252 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 homeretentiorn(cUgoldbeeklaw.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 Flomco?viicr 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-1748. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain piece, parcel or lot of land and premises, situate, lying and being in the Township of East D!nnSbo County of Cumberland, and Commonwealth of Pennsylvania. more particularly described as follows: Beginning at a point on the Eastern line of Lancaster Road at the Southwest corner of Lot No. 8. Block "A" as shown on the hereinafter mentioned plan of lots; thence by the dividing line between Lots Nos. 8 and 9, Block "R", North 73 degrees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley; thence by the western line of said alley, South 16 degrees 45 minutes East, one hundred (100) feet to a pin; thence by the dividing line between Lots Nos. 10 and 11, Block "R", South 75 degrees 15 minutes West, one hundred forty-five (145) feet to a pin on the eastern line of Lancaster Road; thence by the Eastern line of Lancaster Road, North 16 degrees 45 minutes west, one hundred (100) feet to a point, the place of beginning. TAX PARCEL 09-15-1290-171 BEING KNOWN AS 784 LANCASTER AVE ENOLA PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-252 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC., Plaintiff (s) From CINDY S. HOKE (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 $131,148.40 L.L. $30 Interest FROM 2/22/07 TO DATE OF SALE AT 8.9900% Atty's Comm % Due Prothy $1.00 Atty Paid $124.08 Other Costs Plaintiff Paid Date: MARCH 2, 2007 urtis R. L , rothono ry (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 70 On March 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 784 Lancaster Ave., Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 00 Date: March 13, 2007 By- ?j bdL. Real Estat Sergeant 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. Lis Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 _ NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 RZAL EGTATG GALS NO. 70 Writ No. 2007-252 Civil Citimortgage Inc. s/b/m CitiBnancial Mortgage Co., Inc. vs. Cindy S. Hoke Atty.: Joseph Goldbeck All that certain piece, parcel or lot of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumber- land, and Commonwealth of Penn- sylvania, more particularly de- scribed as follows: Beginning at a point on the East- ern line of Lancaster Road at the Southwest corner of Lot No. 8. Block "A" as shown on the hereinafter mentioned plan of lots: thence by the dividing line between Lots Nos. 8 and 9, Block "R", North 73 de- grees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley: thence by the western line of said alley, South 16 degrees 45 minutes East, one hundred (100) feet to a pin: thence by the dividing line be- tween Lots Nos. 10 and 11, Block "R", South 75 degrees 15 minutes West, one hundred forty-five (145) feet to a pin on the eastern line of Lancaster Road: thence by the East- ern line of Lancaster Road, North 16 degrees 45 minutes west, one hundred (100) feet to a point, the place of beginning. TAX PARCEL, 09-15-1290-171. BEING KNOWN AS 784 LAN- CASTER AVE., ENO" PA 17025. 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#70 Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEAL)°H QF PENNSYLVANIA Notarial Seal 't'erry L. Russell, Notary Public 00 0f H 'sburq, Dauphin County My Co i ion Expires June 6, 2010 J D.rl A )I e e psvlvania _Associptign of Notaries Y PUBLIC U CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 CITX-1748 CF: 01/16/2007 SD: 12/05/2007 $131,148.40 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS o Cumberland County C IL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-252 CERTIFICATE OF SERVICE .SUANT TO Pa.R.C.P. 3129.2 (( Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby ce?tifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office'eew4getent admit copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Post 1 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() (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 retitm 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 li olders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proo s of mailing attached). The undersigned understands that the statements herein are subject to the p nalties provided by 18 P.S. Section 4904. ectfu ly submitted, BY?; Joseph A. Goldbeck, Jr. Attorney r Plaintiff • i T I ----t - i i I O "m p O 3 O r N Ol r rT? a?.tprc„ C4,0 g 2 aa? x ` c ?? Z W Z W id 3?0 ???? O LL O M Lb o (L W F ow g V. tj > > ? W wfl 3a O (? [L CL MAM ???? w Z $ z p ' ? ro Oho m o w OUaU 9co1:x ? 0.1-0 1-F. o a I ?! -B to q cm U Am0 T- walu ch}} c7 to ?. a .- CV IC7 1.4 i I?ri ?co ?ti lac O C C Ea C O ti T z a: c E Y O co = M ti ? a ?? }-? Z a U U i LL 0 LL C3 M1 O p h ?? r cr) 2 O 0 s fA L a > ? N m a t i u? 0 a, b ? w +. E s 0311Nt1 0 g i N v Q v i R L sra ? Y too c; J, X W, B ?g c` %w O w Cf) 46 I X Qs t515 ti0 U. 4 ?LADE N 1 0- ? ?U ! 0: cr W- co ?W a a ? ? ? ? 6 Z F 3: O W W w ?: U m 0 ? 1 1 /? , o ' T 6 0UO Z Z a W a OL (L w (6 0 N U W W a o a z F E r? CO LU m 16 CL ¢ U) :Yowm 5 N ? (D ac? ?m I z E_jH?JO Z Sr- = CT- l I CV (M ?f to (O C6 C m CL c a° 0 S r: ami F w m CL 0 v N 0 r m m m a 0 0 N 2 m LL ti Go M E o` U- co a 0 N Lo a w m 0 4) w N C 7 U v c m N 7 U co ti T FX- U W Y O Z U Citimortgage Inc. s/b/m Citifinancial Mortgage In the Court o£ C mmon Pleas of Co., Inc. Cumberland Co ty, Pennsylvania Writ No. 2007-2 2 Civil Term VS re) Cindy S. Hoke David McKinney, Deputy Sheriff, who being duly sworn aco September 26, 2007 at 1658 hours, he served a true copy of the withi Description, in the above entitled action, upon the within named defe making known unto William Hoke, adult son of Cindy S. Hoke, at 71 Cumberland County, Pennsylvania its contents and at the same time i said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn accordin 08, 2007 at 1426 hours, he posted a true copy of the within Real Esta Description, in the above entitled action, upon the property of Cindy Lancaster Ave., Enola, Cumberland County, Pennsylvania according R. Thomas Kline, Sheriff, who being duly sworn according tc above Real Estate Writ, Notice, Poster and Description in the follow mailed a notice of the pendency of the action to the within named dei by regular mail to her last known address of 784 Lancaster Ave., Enc mailed under the date of October 12, 2007 and never returned to the I So Answers: R Thomas Kline Sh?riff Real Estate ergeant ding to law, states that on Real Estate Writ, Notice and iant, to wit: Cindy S. Hoke, Lancaster Ave., Enola, nding to him personally the to law, states that on October Writ, Notice, Poster and Hoke located at 784 A law. law, states he served the ig manner: The Sheriff :ndant, to wit: Cindy S. Hoke a, PA 17025. This letter was heriffs Office. (C.IqX Wells Fargo Bank, NA As Trustee In )e Court of C moron Pleas of VS Cumberland Co ty, Pennsylvania Jeffrey L. Hurley and Connie M. Hurley Writ No. 2007-6 8 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn acco g to law, states that on October 12, 2007 at 1816 hours, he served a true copy of the within R Estate Writ, Notice and Description, in the above entitled action, upon the within named def dart, to wit: Jeffrey L. Hurley, by making known unto Jeffrey Hurley personally at 229 So ide Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time ding to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn actor ing to law, states that on September 18, 2007 at 105 5 hours, he served a true copy of the withi n Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defe dant, to wit: Connie M. Hurley, by posting the premises located at 229 Southside Drive, N e, Cumberland County, Pennsylvania with a true and correct copy of the within Real Estate W rit, Notice of Sale and Description pursuant to order of court. William Cline, Deputy Sheriff, who being duly sworn acco g to law, states that on October 08, 2007 at 1308 hours, he posted a true copy of the within eal Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Je y L. Hurley and Connie M. Hurley located at 229 Southside Drive, Newville, Cumberland Coun , Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according law, states he served the above Real Estate Writ, Notice, Poster and Description in the folio ' g manner: The Sheriff mailed a notice of the pendency of the action to the within named de ts, to wit: Jeffrey L. Hurley and Connie M. Hurley by regular mail to their last known of 229 Southside Drive, Newville, PA 17241. These letters were mailed under the date of ber 16, 2007. The letter addressed to Jeffrey L. Hurley was never returned to the Sheriffs O ce. The unopened letter addressed to Connie M. Hurley was returned to the Sheriffs Office o October 19, 2007 marked "Unable to Forward." So Answers: ???., - R. Thomas Kline, Sheriff BY Real Estate Sergeant ' GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL IN THE CC MORTGAGE CO., INC. 1111 Northpoint Drive of Building 4, Suite 100 Coppell, TX 75019 Plaintiff CIS VS. ACTION OF I CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE CO., INC., attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the following information concerning the real property located at: 784 Lancaster Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a OF COMMON PLEAS County ACTION - LAW TGAGE FORECLOSURE Term No. 07-252 intiff in the above action, by its it of execution was filed the lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: PRINCIPAL RESIDENTIAL MORTGAGE INC. 711 High St Des Moines, IA 50392-0001 5. Name and address of every other person who has any record interest in or record may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who may be affected by the sale. TENANTS/OCCUPANTS 784 Lancaster Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the bes information and belief. I understand that false statements herein are made subject to the relating to unworn falsification to authorities. DATED: November 6, 2007 BY: Joseph A. Goldb Attorney for Plaintiff Support Enforcement on the property and whose interest any record interest in the property any interest in the property which of my personal knowledge or )enalties of 18 Pa. C.S. Section 4904 LTY & McKEEVER Jr., Esq. CZ, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which John P & Gloria I McCarchey is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 10th day of July, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 252, at the suit of Citimortgage Inc against Cindy S Hoke is duly recorded as Instrument Number 200801646. IN TESTIMONY WHEREOF, I have hereunto set my hand .-1167 aniA seal of said office this day of A.D.c7arF of Deeds Recorder o eaos, kumberland County. Carlisle, PA My Corrn&W Expires the First Monday of Jan. 2010 Citimortgage Inc. s/b/m Citifinancial Mortgage In the Court of Common Pleas of Co., Inc. Cumberland County, Pennsylvania VS Writ No. 2007-252 Civil Term Cindy S. Hoke David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2007 at 1658 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cindy S. Hoke, making known unto William Hoke, adult son of Cindy S. Hoke, at 784 Lancaster Ave., Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1426 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cindy S. Hoke located at 784 Lancaster Ave., Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cindy S. Hoke by regular mail to her last known address of 784 Lancaster Ave., Enola, PA 17025. This letter was mailed under the date of October 12, 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 December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $116,000.00 to John P. and Gloria I. McCarchey. It being the highest bid and best price received for the same, John P. and Gloria 1. McCarchey of 7 Sulpher Spring Road, Duncannon, Pennsylvania 17020, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $121,500.90. Sheriffs Costs: Docketing $30.00 Poundage 2,320.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 304.19 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 JIL?OS? ?? - $3,242.41 ? C11 ?h`Gafo /I JV33J So Answers: ,r R. Thomas Kline, Sheriff BY 6_. Real Estat Sergeant Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. CINDY S HOKE (Mortgagor(s) and Record Owner(s)) 784 Lancaster Avenue Enola, PA 17025 Defendant(s) No. 07-252 AFFIDAVIT PURSUANT TO RULE 3129 CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 784 Lancaster Avenue Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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: PRINCIPAL RESIDENTIAL MORTGAGE INC. 711 High St Des Moines, IA 50392-0001 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 784 Lancaster Avenue Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: July 6, 2007 K McCAFFERTY & McKEEVER A. Goldbeck, Jr., Esq. • Plaintiff 07-252 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. SB/M CITIFINANCIAL MORTGAGE CO., INC. 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. CINDY S HOKE Mortgagor(s) and Record Owner(s) 784 Lancaster Avenue Enola, PA 17025 Defendant(: Term No. 07-252 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: HOKE, CINDY S CINDY S HOKE 784 Lancaster Avenue Enola, PA 17025 Your house at 784 Lancaster Avenue, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $131,148.40 obtained by CITIMORTGAGE INC. SB/M CITIFINANCIAL MORTGAGE CO., 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 CO., 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 07-252 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 07-252 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 homeretentionaa 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-1748. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. All that certain piece, parcel or lot of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the Eastern line of Lancaster Road at the Southwest corner of Lot No. 8, Block "A" as shown on the hereinafter mentioned plan of lots; thence by the dividing line between Lots Nos. 8 and 9, Block "R", North 73 degrees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley; thence by the western line of said alley, South 16 degrees 45 minutes East, one hundred (100) feet to a pin; thence by the dividing line between Lots Nos. 10 and 11, Block "R", South 75 degrees 15 minutes West, one hundred. forty-five (145) feet to a pin on the eastern line of Lancaster Road; thence by the Eastern line of Lancaster Road, North 16 degrees 45 minutes west, one hundred (100) feet to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 784 Lancaster Avenue Enola, PA 17025 SOLD as the property of CINDY S HOKE TAX PARCEL #09-15-1290-171 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-252 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 CO., INC., Plaintiff (s) From CINDY S. HOKE (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 $131,148.40 L.L. Interest 2/22/07 TO DATE OF SALE AT 8.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $1075.55 Other Costs Plaintiff Paid Date: JULY 10, 2007 (Seal) Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 1:- 4l e-R Real Estate Sale # 24 On August 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 784 Lancaster Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 7, 2007 By: Real Estat Sergeant SCHEDULE OF DISTRIBUTION SALE NO. 24 Date Filed: January 4, 2008 Writ No. 2007-252 Civil Term Citimortgage Inc. s/b/m Citifinancial Mortgage Co., Inc. VS Cindy S. Hoke 784 Lancaster Ave. Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney wi Total: $141,461.75 DISTRIBUTION: December 5, 2007 John P. and Gloria I. McCarchey $116,000.00 $131,148.40 9,237.80 -it Costs 1,075.55 Receipts: Cash on account (08/07/2007): Cash on account (12/05/2007): Cash on account (12//2007): Total Receipts: $ 1,500.00 11,600.00 109,900.90 $123,000.90 Disbursements: Sheriffs Costs $3,242.41 Legal Search 300.00 Transfer Tax, Local 1,440.45 Transfer Tax, State 1,440.45 Cumberland County Tax Claim Bureau 3,281.77 Debbie Lupold, Tax Collector 411.35 East Pennsboro Township 1,117.00 Attorney Joseph Goldbeck 1,500.00 Citimortgage Inc. s/b/m Citifinancial 110,267.47 Mortgage Co., Inc. Total Disbursements: ($123,000.90) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 24, held December 5, 2007 EFFECTIVE DATE: December 5, 2007 PREMISES: 784 Lancaster Avenue, Enola, (East Pennsboro Township), Cumberland County, Pennsylvania, 17025 Tax Parcel No. 09-15-1290-171 (the "Premises") RECITAL: Being the same premises which Kirby B. Hoke and Cindy S. Hoke by their Deed dated February 15, 2006 and recorded March 2, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 1898, granted and conveyed unto Cindy S. Hoke. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Subject to the spousal rights, if any, of any spouse of Cindy S. Hoke. -2- 21. Mortgage in the amount of $119,000.00 from Cindy S. Hoke to Wilmington Finance, a Division of AIG Federal Savings Bank dated February 15, 2006 and recorded March 2, 2006 in Mortgage Book 1942, Page 1, assigned February 1, 2007 in Misc. Book 734, Page 330 to Citimortgage, Inc. 22. Judgment against Cindy S. Hoke in favor of Citimortgage, Inc. in the amount of $131,148.40 entered March 2, 2007 to No. 2007-00252. (Arising from mortgage foreclosure complaint with respect to the mortgage identified as item 21, above.) 23. Judgment against Cindy S. Hoke in favor of East Pennsboro Township in the amount of $647.50 entered May 21, 2007 as a municipal lien to No. 2007-03055. 24. Judgment against Cindy S. Hoke in favor of East Pennsboro Township in the amount of $294.50 entered as a municipal lien on November 28, 2007 to No. 2007-07123. 25. All building setback lines, easements, notes, conditions and all other matters appearing on the Plan of West Enola recorded in Plan Book 2, Page 70. 26. Subject to the rights granted East Pennsboro Township Authority in Misc. Book 140, Page 519. 27. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Lancaster Avenue and a 15-foot wide alley. 28. Real Estate taxes due to Cumberland County Tax Claim Bureau in the amount of $1,665.34, together with possible additional accrued interest, penalties and costs. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 24 Writ No. 2007-252 Civil Citimortgage Inc. s/b/m Citifinancial Mortgage Co., Inc. vs. Cindy S. Hoke Atty.: Joseph Goldbeck DESCRIPTION All that certain piece, parcel or lot of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylva- nia, more particularly described as follows: Beginning at a point on the East- ern line of Lancaster Road at the Southwest corner of Lot No. 8, Block "A" as shown on the hereinafter mentioned plan of lots; thence by the dividing line between Lots Nos. 8 and 9, Block "R", North 73 degrees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley; thence by the western line of said alley, South 16 degrees 45 minutes East, one hun- dred (100) feet to a pin; thence by the dividing line between Lots Nos. 10 and 11, Block "R", South 75 degrees 15 minutes West, one hundred forty- five (145) feet to a pin on the eastern line of Lancaster Road; thence by the Eastern line of Lancaster Road, North 16 degrees 45 minutes west, one hundred (100) feet to a point, the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 784 Lancaster Avenue, Enola, PA 17025. SOLD as the property of CINDY S. HOKE. TAX PARCEL #09-15-1290-171. EXHIBIT A • The Patriot-News Co. 11. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/24/07 PAW sawn swo m? 10/31107 vihlt N°- ? 11/07/07 CU+d?I S. "aw kt?l l COPT" Sworn to d s scribed before, this 30 day of November, 2007 A.D. DES of lot of *4 A11 *01 COM Q'°°6' . i i es N t i P b t premises, s Yasub m ` al '-d.. o es u l c ToamiuP of Fasr coammadi of 1W macs p bed 2s, P 0 1 &00100 liae fOUGINE s 'b' COMMONWEALTH OF PENNSYLVANIA t' sonsigg ro " - LaNclow ?'.t set ourm of Lot to James Clark,i Seal Notary Public No. & asa Clly Of Harriskxxg, G)auphin County My Comm'usion E Vires June 2, 2008 Member, Penn0vanis Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: October 26, November 2 and November 9, 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. REAL ESTATE SALE NO. 24 Writ No. 2007-252 Civil Citimortgage Inc, s/b/m Citifinancial Mortgage Co., Inc. VS. Cindy S. Hoke Atty.: Joseph Goldbeck DESCRIPTION All that certain piece, parcel or lot of land and premises, situate, lying Pennsboro, County of Cumberland, and Commonwealth of Pennsylva- nia, more particularly described as follows: Beginning at a point on the East- ern line of Lancaster Road at the Southwest corner of Lot No. 8, Block °A° as shown on the hereinafter mentioned plan of lots; thence by the dividing line between Lots Nos. 8 and 9, Block "R°, North 73 degrees 15 minutes, one hundred forty-five (145) feet to a point on the western line of a 15 foot alley; thence by the _western line of said alley, South 16 tparie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010