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Home My WebLink About03-1443IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/kJa COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff VS. LOREN G. FOSTER AND JUDY A. FOSTER 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE 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 You have been sued in court. If you wish to d~d against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and Objections must be entered and filed in writing by you the defendant, or by an attorney. You are warned [hat if you fa to take action against these claims, the court may proceed without you anda judgment for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOURLAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, 4th Floor, Cumberland County Courthouse, Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al part r de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita oen persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo awso o notificacion y por cualquier queja o alivio que espedido en la petic on de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND C~ / ~ Court Administrator, 4th Floor, Cumberland .Col~nty Co~rthouse~¢ , PA 17013 FRANK L. MAJC_,IZAN,/ 1R':., ESQUIRE ATTORNEY FO~ p~ INTIFF ATTORNEY I.D. ~17638 FRANK L. MAJCZAN, JR., ESQUIRE Attomey I.D. No. 17638 3644 Route 378, Suite A Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC., f/ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff NO. VS. LOREN G. FOSTER and JUDY A. FOSTER 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants · CIVIL ACTION- MORTGAGE FORECLOSURE COMPLAINT Plaintiff, CITIFINANCIAL SERVICES, INC., f/ida COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO., by its counsel, FRANK L. MAJCZAN, JR., ESQUIRE, respectfully presents the following Complaint for consideration by Your Honorable Court: 1. Plaintiff, CitiFinancial Services, Inc. f/Ida Commercial Credit Plan Consumer Discount Co., is a lending institution which maintains an office for the conduct of its business at 7467 New Ridge Road, Suite 200, Hanover, Maryland 21076. 2. Defendants, Loren G. Foster and Judy A. Foster, are adult individuals whose last known address is 200 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On March 17, 1997, Defendants made, executed and delivered a Disclosure Statement, Note and Security Agreement, secured by a Mortgage executed by Defendants, upon premises hereinafter described, to Plaintiff in the amount of One Hundred Thousand and 00/100 ($100,000.00) Dollars, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Book 1370, Page 519. Copies of said Mortgage and Disclosure Statement, Note and Security Agreement are attached hereto, collectively marked Exhibit "A", and are intended to become a part hereof. 4. Said Mortgage has not been assigned. 5. The premises subject to said Mortgage is described as follows: SEE EXHIBIT "B" A TTACHED HERETO 6. Defendants are in default under the terms of said Mortgage in that he have failed to make full payments from November, 2002, to the present, pursuant to said Mortgage as outlined in Paragraph Nine (9) below, and the Plaintiff does hereby exercise its right to accelerate the payment of debt and to demand payment in full thereon. -2- 7. Notice was mailed to Defendants according to the provisions of Act 160 of 1998 (previously known as Act 91 of 1983 and Act 6 of 1974) on February 21,2003. A copy of said Notice is attached hereto, marked Exhibit "C", and is intended to become a part hereof. 8. Plaintiff is entitled to be reimbursed for reasonable attorney collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto. 9. The following amounts are due on account of said Mortgage as of March 26, 2003: Principal of Mortgage debt due and unpaid .............. $ 96,052.80 Interest from 11/21/02 up to and including 3/26/03 ..... $ 4,153.76 (Each day add Twenty-Six and 29/100 ($26.29) Dollars after March 26, 2003) Fees ............................................................... $ 8.75 Attorney fees (anticipated and actual to Five (5%) percent of the principal) ....................... $ 4,802.64 TOTAL $105,017.95 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff demands Judgment against Defendants, pursuant to this Complaint, in the amount of One Hundred Five Thousand Seventeen and 95/100 Dollars ($105,017.95), together with interest at the contract rate of Twenty-Six and 29/100 ($26.29) per -3- c TOGETHER with ali the improvemems now or hereafter erected on the property, and nil e~mems, rights. appurtenances and rents, all of which shall be deemed lo be and ren~in a pan of the property'covered by this Mortgage: and all of the foregoing, together wide said property (or the learehold estate if this Mortgage is on a learehold) are hereinafter referred lo as die 'Propeny." Borrower covenants t~t Borrower is lawhilly seised of the estate hereby conveyed and has the right to mo.gage, grant and convey the Property, and that thc Property is unencumbered, except for encmob~ces of record. that Borrower warrants and will defe,d generally the title to tJle Property against all claims and demands, subject to e~cumbrances of record. ]}of rower covenants =. UNIFORM COVENANTS. Borrower 1, Pa.nnen/of . . and Lender covenant a · Principal and Inter,,... ,, nd agree as ~-,, ,aL. uorrower shall nr,,~-.,. '~i evidenced by the Note and late charges as provided in the Not"e.TM pay when due the Principal and interest indebtedness 2. Funds for Taxes and Insurance. Subject ~o applicable {aw or a written w~iver by Lender, Borrower slaJl pay to Lender on the day monthly sum (herein "F ' · Payments of Principal and interest are payable under the Note, until the Note {s paid in Unds ) equ~ to one-twelfth or. the yearly deveJop~ut assessments, if any) which taxes and assessments ({nc{uding condo~uium plus one.rwel~ ot'year{y premium n~y attain priority over this Mortgage and ground rents on the Pro~rty, Jt'~ny, and plaun~ uuit in~lments for haz2rd i~uranee, plus one-lwe{~ of yearly premJmn mortgage insm'ance, it' any. ail as reasonably esti~t~ initially and from time to time for a~essmeots and bills and reasonable es!ina!es thereof, Borrower shah by Lender on the basis of an institutional lender, not be obligat,.xl to make such Payments Lender to the extent that Borrower makes su~:h Payments to t~ holder ora · of Funds · If Borrower pays Fun~ to Lender *~.- ,- · POor mortgage or deed of trust it'such h .... ~ed or ~Uarameed by a Federal or state agency (including Lender it' Lender is such an institution). Lender the Funds to pay aid ~es, .,,-,. ,u an ~ust,ut~on the deposits or accounts of which are assessments, insurance Premiums and grOund rents. Lender apply applying the Funds, analyzing aid account verifying and compiling Orrower interest on the Funds an , or assessments ~nd bills, unless Lender ..... ~' ,~mres such in!ere ...... on..~e Funds sl~l! ~ naid ,,~ n-'r--and Lender may agree interest or earnings on the Funds. Lender S{~l give to Borrower, without clarge, an annual accounting or' the Funds .,, ,u oe pad, Lender shal! not'-~ r~.~ul~wet' and unless such ~mreo to pay Borrower any showing credits and debits to the Funds and the poqx)se for Which c~ach debit to the Fronts pledged as additional sec~ty for the sums Secured by ~s ~ortgage. was made. The Funds are If the amount due dates ol~ ~xes~t' the Funds held by Lender, together with the future money ms!aliments of Funds Payable Prior to the assesSments, · , insurance Premiums and grOund rents, shall exceed the amoun~ required to pay ~d razes, assessments, insurance premiums and grOund rents as dley fall due, such excesS shall ~, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly ins~{ments of Funds. lt. the an~oun{ or. the Funds ~{d by Lender shall not be sufficient to pay t~xes, assessments, .insurance premiums and grOund rents as they fall due, Borrower .flail pay to Lender any require· amount n~essary to make up the deficiency in one or more Upon payment in fuji or' al! s app{y, no {ater than {- -~ t. uereot t~e PrO"ert.-: ..o, ~-cnoer sl~aJl PrOtn-d ....... ,uuucoiatel , ~' y ~$ so:al or the PrO . -.t, / ~crtto{1 to §OITow~r Y prtor ~o the sale o~'.k- ,, perty Is othe-,,;.- - . any F the time OfaPplicatiun as a credit against '~,c rroperty or its ac,u;,;,:-- ~'".'~ acqmred by Leude- ~ .'_ ~u?s 7'" Note and paragraphs ! and 2 here . . ....... . oy Lender an,, ~....,_ · .':."truer shalj the sums secured by this Mortgage. , ., -,,us nero by Lender at 3. APPlication of Payments. Unless aPPJicable law Provides otherwise, under Paragraph 2 hereof' of shall be applied ail payments received by Lender under the 4. Prior Mortgnges and Deeds oXr Trusl; Charges; Liens. Borrower shall perform then to imerest PayabJe on the Note. and then to die principal of the Note. Borrower any mortgage, deed °f 'mst °r other securitY agreeman, with, lien which has priori~lyCofvBe:n. Ower,s obligations undor BOnOwer:s COvenants to make by Lender first in payme, t of amounts payable to Lender by charges, fines and im ......payments when duc Borro ....... a t vosmons at!rib · wet snau a . ~s Mortgage, including P Yments°rgroundrents.,fany' uubletothePropertywhichlnZ~:=:U:ep;O.o~aJoYeMrl~ia;s ~;__.a.ssesSments and otherS. Hazard Insurance Borr .. against loss by [ire ~.-~'~'-'- f · o. wc.r shall {C~cp thc i .... ' a ~ungage, a~l leasehoJd , -,,..~os mctu~ within th. ,.~.'?:,uve~.e. nts now exisd r and in such amounts and for such . ";., extended n ...... I~ 0. ~reafler erected n. ,k. ,,_ The insurance c,~er providin~,~?.5 Lender.may require,c .....':' ~ such other h~,,,~.:: ?'; r. mperty insured ~'.'~ ~ t.enoef nlay require that such approval s]~! not ~e unreasonably wi~etd. A~l insurance policies and renewals thereof shall be in o ,,uuranee shall bc chosen by Borrower subject to apprOval by Lender: provided, acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable form shall have the right to bold thc Policies mad renewals thereof, subject a sccurhy agreement with a lien which has Priority over to Lender. Lender Pennsylvania 42-3 $/95 this Mortgage. to the tcnns of any mortgage, deed of trust or other ~oo~I,']70~'~cr 59n In thc event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of *', loss if'not made promptly by Bo~rower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance cattier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply thc insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. '6. Preservation and Maintenance of Property; Leaseholds; Condominiums~ Planned Unit Developments, Borrower shall keep thc Propcrty in good repair and shall not commit waste or permit impairment or deterioration of thc Property and shall conq)ly with thc provisions of any lease if this Mortgage is on a leasehold. [f diis Mortgage is on a unit in a co~domlnium or a planned unit devclopmcnt, Borrower shall perform ail of Bonower's obligations under thc declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of thc condominium or planned unit development, and constituent documents. '7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to prolect Lender's interest. If Lender required mortgage insurance as a condition of m~ing thc loan secured, by this Mortgage. Bonower sl~li pay the pren~ums ;cqu~:ed to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender ptusuant to this paragraph 7, with interest fllercon, at thc Note rate, shall become additional indebtedness of BorTower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice front Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or de any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of thc Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property. or part thereof, or for conveyance in lien of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other seciuity agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate lo release, in any manner, the liability of the original Borrower and Borrower's successors in interest, Le~ler shall not be required to commenee proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of thc sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or ntberwise afforded by applicable law. shall not bca waiver of 0r preclude thc exercise of any such right or remedy. I1. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and thc rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, sub, jeer to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be,joint and scvcnl. Any Borrower who co-signs tl~s Mortgage, bur docs not execute file Note. (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees II~at Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to thc terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying tiffs Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage s~l be given by delivering it or by mailing such notice by certified.mail addressed Io Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided llerein, and (b) any notice lo Lender sh~ll be givcn by certified mail to Lender's address stated herein or to such other address fi Lender may desigtute by notice lo Borrower ns provided herein. Any notice provided for in this Ivtortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing l.~w; Severablllty. The state and local laws applicable to this Mortgage .~11 be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the appli~bility of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note wlfich can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note ~ declared to be severable. As used herein, 'costs', 'expenses' and 'attorneys' fees' iuclnde ail sums to the extent not prohibited by applicable law or limited herein. B00K:t370 Pennsylvania 42-3 5195 Page 3 ors 14.~Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mongag'e at the time of cxecution or after recordation hc~eof. 15. Rehabilitation Loan Agreement. Borrower shail fulfill all of Borrower's obligations under any home rehabilitation. improvement, repair, or other loan agreement which Bonower cruets into with Lender. Lender. a,t Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have agai~tst panics who supply labor, materials or services in connection with improvements made to the Property. 16, Transfer of the Property or a Beneficial Interest in Borrower, if all or any pan of the Property or any iuterest in it i~;'sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural penon) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of fids Mortgage... If Lender exercises this option, Lender shall give Borrower notice of acceleration. Re notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed wiflfin which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the espiration of Ibis period, Lender may invoke any remedies permitted by ~s Mortgage without further notice or demand on Borrower. NoN.UNIFORM COVENANTS. Borrower and Lender' fu~er covenant and agree as follows: 17. Accderatlon; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall gtve notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the nction required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in occderatlon of the sums secured by this Mortgnge, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the tight to reinstate after acceleration and the fight to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleralion and foreclosure, If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sams secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in' such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's'acceleration of the sums seem'ed by this Mortgage due to Borrower's breach, Bonower shall have the fight to have any proceedings begun by Lender to enforce tiffs Mortgage discontinued, at any time prior to at least ope hour before the conunencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage: (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall rennin in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Bonower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees. and then to the sums secured by this Mortgage. Lender and the receiver shall he liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage. Lender slt~ll discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21, Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 522 Pennsylvania 42-3 5195 Page 4 of 5 ,... 22'. Hazardous Subgances. Borrower shall not cause or permit the presence, use, disposal storage. ~r release of any Hazardous Subuances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Envimlmeml Law. The preceding Iwo sentences shaft not apply to the presence, use, or storage on ~he Property of small quantities of Hazardous Subsunces that henna/residential uses and to maintenance of ~he Property. . Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or Fivate party involving the Propem/and any Hazardous Substance or Envimnment~ Law of which Borrower has actual knowledge. If Bonower learns, or is notified by any guvenunentai or regulatory auihority, dee any removal or other temediation of any Hazardous Substance affecting the Property is necessatT, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in t~is paragraph 22, "Haz~dous Substances' ate those subs~nces defined as toxic or haTnrdons substances by Enviromnental Law and the following submnces: gaSOline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicideS,' volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in Bis paragraph 22, 'Envirolmleml Law" means federal laws and laws of ~he jurisdiction where ~ Property is · located that relate to health, ufe~y or environmental protection. herein contained. ...... --....,,, ,,~,cu.~o set NOTARIAL SEAL my hand and official seal. ..... k ISpace Below This Line Reserved For Lender and Recorder}. Pa~e ~ ors Common~eal~ ~Pennsylvani, / - · t County of- t '~, .%d d on ? .................................... .... Dec~ of md ~Y, ~~ag~ B~k No ......... , Page ........ ~CO~ER · g ood370 523 lille oli the ~ou~he, or~ 40) feek~ ....... ~ streets; thence a~o.~ ~o.. o f' ~ more or .d Rac .... ~..a forty (14) ~et./ · .,,-,, West for the place o~ BEGINNIIIG, t~d',ou~bu~d~ng~ :~a thereon ereoted a frame dwell~n~ ~ knoW, and ered as 200 East Keller street. · , lil~e;~on'~the South side of ~ast Nellie -and TraCt Ira. ~ list street 1~0) feet [l~Jb~g Il,e, for~y (40) feet to laird ~ow'Or formerly of - alleY;': thb}~ce al.ong smd center l{ortbn) thence by the same, Sou~b one ;hundred [~[ty ( M .... .neet of a tve,ty (20) foot .... 'f hareinl thence }lortl~..~Y same~ one itu~ageu LAnai ~ .... .. BnOK].3?O PACE 524 Disclosure Statement, Note and Security Agreement ~orr0wcr(s) (Name and mailing addrels~' Lei)der (Name'. address, city and sma) Loren G. Foster and Judy A. Fast4 Commercial C~edit Plan Consumer 200 Eas't Keller St. Discount company Nechani'tsburg, PA 17055 236 W. Rt 38, Suite 105 The cosl of Borrowcr'4 cr,;Thl aa The della emoulu thc ,;tcdi, I will e yearly rat~. colt Borrower. 10.231 217,658.80 Ps~'ment Sehaduls: Number of Amount of When Pa3rmenlJ Payments Ate Duo iPa)~mcn~ .... Sec thc contta¢l dooumanu for any additional information about nonpaymam, defauh. any required repeymcnl tn full before the scheduled Ute. and prepayment refunds sad pennllle~. [A¢COU~II No. IDat~ of Loin r" 03/17/97 , The ImouM of ufdKlit provided lo ill have Borrower or on Borrower's b~balJ plid after Borro~,~s has midi att peymema al acbeduled. 98,000.00 315,658.80 ~ If checked. Bonower is giVll~ a security i~rcmt in: ~ Real Pro~ ~ Mobile It0~ et Minafa~rnd Home ....... ~lf a pa~ent Is mo~ ~nn ~ys la~. Bo~owet ~ he charged a ~ c~rp of ~e Image of $ or . · o f ~e paymcm ~unt. ~omv~nl: If ~wer pay~ off early. lwill ~t ~ may have ~o pay n ~lly. and ~t ~ e~ m i ~nd of pa~ of ~e ohit~e. 100,000.00 '~1'~-'~ 000.00 03/21/97 Borrower b not required to purchase any type of Insurance to obtain Credll, uniffs Borrower ironl~ Lender a security Inlerflt as Jndlelied in this dOcument. In Ihal creel. Insurance lo prolee( the Lender's Interfll In (be collateral may he required. Lender's decblon lo granl c~di( will W ~ aff~ by RorroWer'l dKblol to purchue ur refuse o~lonal Insurance producb, such ~: CredR Life. Cr~ll Dbablllly. lavolunbry Unempbymenl Insurance. Crcd~ Pro~Ky imurince or any Mher opt~nal ~surince p~duc~. [~utince offend al Le~er'~ offal, wi~ ~ c~eption of Noi~Pdin8 IMuro~e. will ~t ~ p~vid~ u~oss Bo~wer I~ a~ alrees premi~ cosg. ~e le~ ~( coverage a~ ~c premium ~ost of ~natn ~J of Imurinco pu~hised by Bo~r i~ thews ~low. A~i~o~) imu~o producls, if purchased. ~11 have a so~ra~ nppl~a~on a~ will ~ di~sed In o~er ~an d~e~a. ~e t~al sine,it of coverage for C~dil ~/or C~dit Pm~r~ Insurance eel lo~ ~ Bonower's i~u~nce ce~i~a~ may ~ eq~l ~ ~e Teal of Payme~ aa~d a~ve. a~ may e~ed amount neoossa~ m ~y off Bo~wer'~ loan nt uty given li~. Any exee~a ~ov~tn~o amount will ~ ~ m ~e Bonowor or ~ ~ desi~d be~ficia~ or m Borrower's es~. as ipplicmbl~. The mombly pnymenM wNboul insurance: $ 876.83 IlWe request ~e following S .......... CiViL Li[e I S ................. C~cdit Di~,bility ~'~l ~wer'4 S~tum ~S ~ S Stoned Bo~wer's Si[~mte (If ipplklble) Borrower acknowl~ies ihal. if O~nil Cr~b Pro~n~ Insurance M purchase. ~rrower's pro,ny coverage under other ~llcJ~ luch bom~er'l or renter's ~uraace may ~ IdvetJely i~ecled. If lhb loan b secur~ by real pro~y. ~bl~/minufaeluted ~me. er a motor vehitb (IncludMj a ~at~nil vehkle). ~ln ~e. coverage, co~a and/or comprchendve casually ~utince b r~uir~, namlnj ~nder as lets ~y~. until Ibc ~in a fully FeM. m~y ~ " ' * · - provMed ~mu~ sn 0x~un~ ~hcy or a ~hey o~ ~o~ondy ~ pu~han~ by ~wer. Bo~wor ~y chain such i~urn~+ from any ~murer ~t i~ rcasu~y ao~optable ia L~er. [f Bonowor ob~im Aut~le ~i~)o-I~rool l~u~ at L~r'a of F~. Bo~wor ark~wlodges ~at s~h grouting: (I} ~y ocli mo~ Oma i~ura~ ~at is nva~ble from a~or imu~r; (2) w~ oMy pm~l ~ro0t ~ ~ moor vo~ole a~ does ~t pm~ BO~t's inet.t; a~ {3) d~s ~t pm~ot Bo~owsr from ~ls~s hy o~er ~om. If secured by ~r~o~l pro~y. Non-FUin~ i~uranee may ~ r~ubcd. ConcePtion of Insurnnee; ~ower may carol any of the opt~l J~g~o pmduob ob~i~ al ~nder'~ of~ nt any ~n. If r~M~d ~s ~fore ~o Joan is re~id. Bo~wor ~o~s~s Io obtain ~ecep~blg ~u~titu~ insura~e. If Bo~owor is in d~J~ult, a~ ~nder dcm~s Bonwit ~diamly rely ~o loan ~n ~ll. Bo~wor au~o~ze~ ~o ~u~r lot any a~/or all op~o~] ~ma~o pmd~ ~ Io~i~ s~b ~U~s or ~v~rnps u~n ~qufl~ of ~er. If ~ny i~u~o pu~ed nl Le~r'~ o~c0 is ~t~d for n~y ro~on. Bo~r au~o~s nnd ~ ~umr deUver ~e p~mi~ re,nd, if ~ny. ~ ~o Lt~r ~i~h m~y nl i~ up~n apply il m d~ un,id ~ of ~ loan or mmm I1 ~ Bo~wer. Any sucb ~U~adon of p~mi~ r0~ will ~t ~l[~c~ ~o smoot or due ~ of u~bs~u~nt pa~n~ on ~e I~n. but ~y ~uee ~e n~r o[ Rorrower should reftr to Ihe ~rms ron~ed In thc appl~abb ctfl~to or ~y blu~ ~or the e~Kl d~c~n of ~fl~ and Borrower b encourn~ lo ~qu~ l~ul coverage and re~nd provb~ns. TERMS: In This D~tclosur¢ Sla~mcnt. Nora and Securit~ Agreement. the ~ "Bo~wer' refers ~ ~o ~oM fj~ ~)ow as ~ower. who~or o~ or mo~. If mere ~nfl o~ Bo~r siam. each will ~ tos~mibJe, i~ivld~lJy and Mpbr. for all promifea ~do a~ for ~y~ ~o ~an ia ~11. ~o ~ 'LePer' mforl ~ ~c ~or, ~ofe ~ I~ a~ss ire shown a~vc. PROMISE TO p~Y: In tatum'for, Ina, ~lt BO~Wor his ~celved. Bo~r ptOM#I ~ ply ~ ~e Of~[ of LI~/~e Pd~lpal a~t shown a~va. plus insist on ~e un~M ~lpal baboo from ~e Da~ Charps Belin abo~ n~ un~ ~lly ~id at ~ folb~ ~ of In~st: RATE OF INTENT: Any emoum shown a~ve as Po~ has ~n paM by Bonwit aa ~i~ n~ any mo~l shown ~low ~an Bo~r as a buydown fee. ~ese moue, are ~mide~d pre,id oha~es a~ a~ ~ n~i~on ~ ~ a~ve Ra~ of ln~st. Any Poin~ or Buy4o~ Fun are earned p~t lo any u~=~ in~asl on ~e ban bi~o. 1~ In 0~ event of pre~ymeM oF ~ loan. will ~t ~b ~ Bo~wor. Penmylvnn~ ~2D~9~5 Original (B~anqh) Copy (Branch) Copy (Cult~ir} ~ Page 1 of 2 to thc £iztt and final payments, begmnin~, on ~ I~td ~ym~n( ~ s~w~ a~vo a~ con, heine on ~ ~m~ ~ay b~ oac~ foJlowin8 mon~ until plld in ~ll ~ due and poyabl~. Any ~ymcnt(s) which Le~r .c~pu niter the fl~l poy~nt ~ or die acceleration ~crc¢[ ~o ~t cot~tiMte i rc~wa[ or ex~iofl of ~is luna u~o~s Lunar so de~lnes < ~ch payment w~l bo applied first to ifltetc~t com~d m ~ date of ~enl. wi~ ~o re~lnder applied to p~ipal. ~or may cMleel in, real from and a~er ~mrlty o.d i~F n judsemeat is ~nmrod upon ~ u~d P~i~l bots~o ut either ~e ~um rl~ ~iuod by ~e ~en app~iblo law or 0ia ra~ of ~zm~lt provnilin~ u~t ~is Disclosure Segment. No~ I~ 5~ou~ly Agmemenl. ~ If ~ ~x ~. oh~kod. ~ followi~ provisio~ sppItss: ~L~ ~r. st its opllon. ~y dec,re nay ~m~im~ i~ob~ss ~medint~ly duo ~ pny~ble_] ~ ye,re ,~r ~e ~m of ~is ~an or n~ually ~orfl~er on ~o ~ers~ry of ~1 ~. ~ATE C~ARG~. if ~ny imtal~0nt is ~id more dmn~ ~y~ af~t ~o scbodo~ ~ymenl ~m. Bejewel &~t~ ~ ~Y ' late o~r~e of ~o ~mnmr of S ~ or _ _ ~ of ~e insolvent imount. ~micr may. at I~ o~on. waiv~ iny Jn~ cheese or ~on ~otoo[ wi~ut ~lvtn~ iu ~t ~ rcqu~to. ~M Chrao wi~ rapid ~ any obr bM piymem. PREPAYMENT: ~ e~u~ble bilk ts ~heeke~ ~low: ~ 8 ~s lend ~ wbol+ or in ~rt al thy i~ w~OUt ~lty. However. u~ ~flbl p~ymont, in~lt w~ ~uo m agone ~ ~wor may p ~ .Y ................... I d~0 MI eicule lubs~uon~ mo~ly pa~sms. ~ If ~s ~A is ¢ho~kcd. you md~ pry e p~ymont f-- under ~o folloMfl~ eirc~l~, u~.s o~ao .suic~ by law. 1. If prapaM ~ ~11 wi~m o~ year of~o Date of Loin., fee of S~ of aU p~ymo~. 2. If prepaid in ~U wi~in ~ years of ~e Dn~ of ~an. t f~ o~ 4 ~ of Ill pro~onb. 3. If p~paid in ~ll wl~m ~reo yea~ of ~a Dl~ of ~afl. n I~ of 3 % o[ III p~paymon~. 4. if prepo~ in ~11 wigan ~ur years of the DI~ of ~at~. a I~ of 2 · of ~1[ p~pn~onu. 5. If pr~paM in ~ll wi~in five years of ~e Ol~ ~f ~nn. o I~e of I · Of IH plo~ymon~. SgCURITY~ ~ Ionn il secured by 8 lien sinai ~c tcll pto~fly Io~ al 200...~..~eg S~. ~ Hechanics~u~q. P~..~.~ .... Sec Morlgege or Deed of Test for termx applicable to Lendcr'a im~rCat in Borrower's real properly ("Propar~y"L a os un tMurance ut Lender's office. Borrower nnderalsJ~Ja and acknOwJodfes bt. fl) the t.M~ranco company may INSURANCE: il' Bonower pun;h s Y .................... ; ~ qucb emnlov~(.) ix not noun& us the epnt. broker bo afl'tilter with Louder. (2) L, ondor'a empIoye~(s) may m~ un elel~ mr me iaaa,u, ....... ~.*;. ,3, - - or fiduciary for Borrower on this loan. but may bo the agent of the insurance compal~y, sad (4) t,~nder os tho i~s~anoe company may realize nome benefit from thc ssJc of thl[ .~.lMurance. If Bonower hi!s to oblain or maintain iffy required inlOrlOOC or fails Lo dcsilna~ un asahi throuf~h whom the is to bo obtained. Lender may purch, c slu:h r~luired lmuranoo for Borrower throuth an agent o! Lcndcr'l choice, and t~o sedums paid by Lender will bc added to the unpaid bobuoe of the loan. Lender may chares x fee, m~t w cauccd $ ...... il s check, ne$odab¼ order of wlthdraMI or timed deaf), is rclUrnod for Lusufflctent funds or iosuffioiem credit. DEFAULTJ Borrower ~ bo in default if ho do~a net make any acbedukd payment on ~ne or hilt Lo comply with the pmvtslo~ of say moflMSe on ~e toni pml~rty which secures this Loan. If Borrower dehulu. Lender may ~cquim Bonowor Lo ropy the emir~ m)pald Pl~uckpaL ballade., and any accl3Jod i§t~;tcst st o~CO. Lender's failure to exorcise or ~elay in cxerciainl any of its rifh~ when doholt occurs does not consdml n waiver of those or any uther riahU under this .s~cmcnt. As p~flnitlnd by Pennxyivanh Law. Borrower alsace to pay .utoal iud reasonable ilLorney'l feat. eDen costs. tod o~her scab. mi al~ reasonable ,~usts in~ut't~J in [oreclosinl on 0~e Feet peel, any accufit8 this, Juan. BuFrowcr will receive written notice at least 30 days prior to foreclosure. ~AW THAT APPLIES: pennsyLvat'"' law et~ federal Jaw. le appli~ble, i~ovorn'lhis Disclosure Statement. Note ama Security Alr~omeut- If uny pan is uuanforc, oxble, this will tel make uny other port uncnlbrccablc. In no event will Borrower ~e required Lo pay ~toroat or charles Ln exocsx of ~nac pennit~d by taw. Borro,,s~t. endorsers, sureties and l~2&rantore. ID ~C eatent pesrmitt~d by law. sever'ally waive their rilht to require I,ou~or Lo domaud payment et amoont~ due. u) t(ivc rrot~o of amounts dmt bye not been paid. to receive notice el any cxtonsiom of time Lo pay which Lauder allows t~ uny Botyowat and Io require Lender to show portiuular dili¥onco in brlngtof, xult against afJyono rcaponsiblo for repaymem of this loan. and additionally, waive of homestead and eaemptton laws now in I~lrvc or Islet cn~ctnd, tn~i~dir~ amy of execution end condemnation, on any property aeeurtn~ thin icon waive the benefit et' valuation &nd appeasement. This Disclosure Statement. Nole end Security A~roement shall bo the joinl and several obliption of &IL makerx, soraties, guirantort nad endorsers shall be bindlnl upon ~hem. their hcira, xu~cessors, iopi r~presen~twea sad assigns. Il' uny part of the Disclosure $1alement. Note and $~urity Air. Deem and. if applicable, the Mollasge. or Deed of Trust and .o~ompoflylnl Itomlutio of Amount pinanced is unenforceable. Ihls will not make any other po~ unenforceable. t [] ifth~s box il. checked, the £ollowln8 noiSeD NOTICE ANY HOLDER OF TH.IS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DI~F~NSES WlliCH THE DEBTOR COULD ASSERT &GAiNb-r TILE SELLER Of GOODS OR S~;RVICES OBTAINED WITll TH~ FROCEEDS H~REOF. RECOVERY HEREUNDER BY TIlE DEBTOR SHALL NOT EXCEED ~d~IOUNT$ PAI~ BY TI-~; Dli;BTOR By: (Namo and Title) Ptnnsyivan~ 25422D-4 9/~5 Original (Dr:inch) Copy (Bz:&nch) Copy (Curt. omar) Pine 2 of ,DESCRIPTION ALL THOSE TWO CERTAIN tracts of land located in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at the building line on the Southeast corner of Keller and Race Streets; thence along Keller Street, East forty (40) feet; thence South one hundred forty (140) feet, more or less, to the line of an alley; thence along the line of said alley, West forty (40) feet to the line of said Race Street; thence along the line of Race Street, North one hundred forty (140) feet, more or less, to the place of beginning. HAVING thereon erected a frame dwelling and outbuildings known and number as 200 East Keller Street. TRACT NO. 2 BEGINNING at a point at the building line on the South side of East Keller Street and Tract No. 1 herein; thence East along said building line, forty (40) feet to land now or formerly of Nellie M. Norton; thence by the same, South one hundred fifty (150) feet to the center of a twenty (20) feet alley; thence along said center line, West forty (40) feet to Tract No. 1 herein; thence North by the same, one hundred fifty (150) feet to the place of beginning. PARCEL I.D. NO. 17-24-0787-018 EXHIBIT "B" (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317--0782 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgaqe on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in thc attached papes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELINC AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin.q apency The name, address and phone number of the Consumer Credit Counselinq A_oencies servinL your County are listed at the end of this Notice. If you have any questions, you may call thc Pennsylvania Housin~l Finance A~lency toll free at 1-800.342.2397 (Persons with impaire~l hearin~l 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 AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA EXHIBIT "C" Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 2 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): LOREN FOSTER AND JUDY A. FOSTER PROPERTY ADDRESS: 200 E. KELLER STREET, BOROUGH OF MECHANICSBURG CUMBERLAND COUNTY, PENNSYLVANIA 17055 LOAN ACCT. NO.: 53-0800-2906578 ORIGINAL LENDER: COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. CURRENT LENDER/SERVICER: CITIFINANCIAL SERVICES, INC. F/K/A COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU,=. HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAY,',',FNT.~ 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 FORECLOSURF - Under the Act, you are entitled to a temporary Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 3 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 stay of foreclosure on your mortgage for thirty (30) 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 THF NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGF ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THI.~ NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIE.~ - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one (1) face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in 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. Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 4 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 200 E. KELLER STREET, BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the following amounts are now past due: REGULAR MONTHLY PAYMENTS OF $876.83 FOR 11/02 THROUGH AND INCLUDINC .!/03 (3 PAYMENTS) SUBTOTALING $2,630.49; Other charges (explain/itemize): FEES IN THE AMOUNT OF $8.75 TOTAL AMOUNT PAST DUE:. $2,639.24 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (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 Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 5 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 $ 2,639.24 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING.THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: MS. STEPHANIE GARLAND, FORECLOSURE ANALYST CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD, SUITE 200 HANOVER, MD 21076 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 applicable.) 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 exemise its rights to accelerate the mortgage debt. This 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 attomeys to start legal action to foreclose upon your mortgaged property. 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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not bo required to pay attorney's fees. OTHER LENDER REMEDIES - This lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 6 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 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 right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiFinancial Services, Inc. AddresS:Phone Number:7467 New(800)Ridcj~e.44,6 7876Road' Suite 200, Hanover, MD 21076 Fax Number: (410) 689-1610 Contact Person: Ms. Stephanie Garland Attorney for Lender: Frank L. Majczan, Jr., Esquire Address: 3644 Route 378, Suite A, Bethlehem, PA 18015 Phone Number: (610) 317-0778 Fax Number: (610) 317-0782 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. Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 7 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO 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 Loren Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 February 21, 2003 Page 8 Judy A. Foster 200 E. Keller Street Mechanicsburg, Pa. 17055 CUMBERLAND Adams County Housing Authority 139-143 Carlisle Street Gettysburg, Pa. 17325 (717) 334-1518 Community Action Commission of Capital Region 1514 Demi Street Harrisburg, Pa. 17104 (717) 232-9757 Loveship, Inc. 2320 North 5"' Street Harrisburg, Pa. 17110 (717) 232-2207 Urban League of Metropolitan Hbg 2107 N. 6t~ Street Harrsiburg, Pa. 17101 (717) 234-5925 F~~~~~ours, NK L. MAT~ 'JR. FLM,JR:dmd CERTIFIED MAIL/RETURN RECEIPT REQUESTED FIRST CLASS MAIL/CERTIFICATE OF MAILING COUNTY CCCS of Western Pa. 2000 Linglestown Road Harrisburg, Pa. 17102 (717) 541-1757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, Pa. 17268 (717) 762-3285 PHFA 2101 North Front Street Harrisburg, Pa. 17110 800-342-2397 FRANK L. MAJCZAN, JR., ESQUIRE Attorney I.D. No. 17638 3644 Route 378, Suite A Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION :NO. 2003-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER 200 E. Keller Street Mechanicsburg, Pa. 17055 : CIVIL ACTION- MORTGAGE FORECLOSURE Defendants PRAECIPE FOR RE-INSTATEMENT TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-instate the above Complaint in Civil Action - Mortqage Foreclosure against Foster.. ,/'~/ ~ Defendants,? Loren G. Foster and Judy A. ~~----///// DATED: April 10, 2003 FRANK L. M/~ICZAN, JR., ESQUIRE ATTORNEY ~OR PLAINTIFF ATTORNEY f.D. NO. 17638 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01443 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS FOSTER LOREN G ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FOSTER LOREN G unable to locate Him in his bailiwick. but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 200 E KELLER STREET MECHANICSBURG, PA 17055 MOVED TO 5233 DUFFIELD STREET #2 PHILADELPHIA, PA 19124. , FOSTER LOREN G , NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge 18 00 8 28 5 10 41 28 O0 O0 O0 ' R. Thomas Kline Sheriff of Cumberland County FRANK MAJCZAN JR 04/14/2003 Sworn and subscribed to before me this ~ I~- day of O~ ~2403 A.D. Pr~6notary ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01443 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS FOSTER LOREN G ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FOSTER JUDY A unable to locate Her COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , FOSTER JUDY A , NOT FOUND , as to 200 E KELLER STREET MECHANICSBURG, PA 17055 MOVED TO 5233 DUFFIELD STREET #2 PHILADELPHIA, PA 19124. Sheriff's Costs: Docketing Service Not Found Surcharge 6 00 00 5 00 10 00 00 21 00 So answers-.~ ~-~ ~~ Sheriff of Cumberland County FRANK MAJCZAN JR 04/14/2003 Sworn and subscribed to before me this 2~ day of ~ ~13 A.D. Pr~t[/ono~ ary Metro Filing Services, Inc. Philadelphia Association of 2021 ARCH STREET Professional Process Servers PHILADELPHIA, PA 19103 (215) 981 FILE AFFIDAVIT OF SERVICE PLAINTIFF ( S ) Citifinacial Services, Inc. DEFENDANT ( S ) Judy A. Foster SERVE AT 5233 Duffield Street #2 Philadelphia, PA 19124 SPECIAL INSTRUCTIONS COURT TERM and NO. 03-1443 DATE PREPARED May 14,2003 ~CivilAction --] Summons -I wnt of COUNTY Cumberland SERVED BY Frederick Cunningham Subooena _ Notice of Real Estate Sale Other COMPANY CONTROL NUMBER1 0022J0.2 Served and made known to on the 3 day of at 5233 Duffield Street Judy A. Foster May , 2003 , at 02:27 PM , County of Philadelphia Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served [] Adult family member with whom said Defendant(s) reside(s). Relationship is husband [] Adult in char.qe of Defendant's residence who refused to .clive name or relationship. [] Agent or person in charge of Defendants's office or usual place of business. [] Other an officer of said Defendant company. , Description Age: Height: Weight: Race: Sex: ~ ,at On the day of Defendant not found because: [] Moved [] Unknown [] No Answer [] Vacant [] Other NAME OF SERVER S~o_~ to and subscribed before me this · d of ./*/~'~ 20~_] "~ .Frederick Cunnln,qham being duly sworn according to law, deposes and says that thr~/eSha~l%%rrOreCce;S~oS, e.~e~r__h.e~,.n,_ _n.a ,mes; .and tha. t t. he fa.c. ts herein set forth above are~ NO u ~.~ u~t ur me~r Knowleage, ,ntormation and belief. Sheriff Process Server/Competent Adult Frank L. Uajczan Law Firm Attorney's Name Address 3644 Route 378, Unit E Bethlehem, PA 18015 Telephone (610) 317-0778 1990 Philadelphia Assoc. of Professional ProcessServers Rev 98.1 Metro Filing Services, Inc, founding member. ATTEST Client # 1090 PRO PROTHY DATE Metro Filing Services, Inc. Philadelphia Association of 2021 ARCH STREET Professional Process Servers PHILADELPHIA, PA 19103 (215) 981 FiLE AFFIDAVIT OF SERVICE PLAINTIFF ( S ) Citifibnancial Services, Inc. et al. DEFENDANT (S) Loren G. Foster SERVE AT 5233 Duffield Street #2 Philadelphia, PA 19124 SPECIAL INSTRUCTIONS COURT TERM and NO. 03-1443 DATE PREPARED May 14,2003 Civil Action --] Summons -] w.t or COUNTY Cumberland SERVED BY Frederick Cunningham tSub~3oena Notice of Real Estate Sale Other COMPANY CONTROL NUMBER1 002210.1 Served and made known to Loren G. Foster on the 3 day of May , 2003 , at 02:27 PM at 5233 Duffield Street , County of Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in char.qe of Defendant's residence who refused to .qive name or relationship. [] Agent or person in charge of Defendants's office or usual place of business. [] Other Philadelphia an officer of said Defendant company. Description Age: Height: Weight: On the day of Defendant not found because: [] Moved [] Unknown [] No Answer Race: ~ ,at Sex: [] Vacant [] Other NAME OF SERVER Swo_m to and subscribed before me this he/she is process se~er herein names; and that the facts herein set fo~h above are - true and correct to the best of their knowledge, information and belief. ~ '~ ~:,. ~~ DEANN~' - ; . ~ry P~hc City of P~iladelp~a Pnli~ CoUnty Sheriff Process Se~edCompetent Adult ~ Law Firm Frank L. Majczan A~EST Attorney's Name Address 3644 Route 378, Unit E Bethlehem, PA 18015 Telephone (610) 317-0778 1990 Philadelphia Assoc. of Professional ProcessServers Rev 98.1 Metro Filing Services, Inc, founding member. PRO PROTHY Client # 1090 DATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ClTIFINANClAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO., 7467 New Ridge Road, Suite 299 Hanover, MD 21076, Plaintiff VS. LOREN G. FOSTER AND JUDY A. FOSTER, 206 E. Keller Street Mechanicsburg, Pa. 17055, Defendant : File No. 03-1443 Civil : (To be completed by Attorney) : Amount $108,702.10 : Interest $ (from 08/11/03 to : date of sale at a per diem rate of 26.29) : Costs : : (To be completed by Proth/Clerk) : Pltf. Paid : Deft. Paid : Due Proth/Clerk : Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: ~-__ Issue writ of execution in the above captioned case~. ~... ~'-~-~-~- ~ ~/~ ~~/~ ~/// DATE: September2,2003 I~irignntatNUarme:'~i ~(;~//a'ri, Jr/~,EsauJre Address: 3644 Route 378,,Suite A Bethlehem, PA 180'5 Attorney for: Plaintiff Telephone: (610) 317-0778 Supreme Court iD No.: 17638 WRITOFEXECUTION-MORTGAGEFORECLOSURE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ) TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary/Clerk, Civil Division by: Deputy SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 03-1443 Civil issued in the Court of Common Pleas of Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, on Wednesday, December 10, 2003, at 10:00 o'clock A.M. in the forenoon of the said day, all the right, title and interest of the Defendant in and to: ALL THOSE TWO CERTAIN tracts of land located in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at the building line on the Southeast corner of Keller and Race Streets; thence along Keller Street, East forty (40) feet; thence South one hundred forty (140) feet, more or less, to the line of an alley; thence along the line of said alley, West forty (40) feet to the line of said Race Street; thence along the line of Race Street, North one hundred forty (140) feet, more or less, to the place of beginning. HAVING thereon erected a frame dwelling and outbuildings known and number as 200 East Keller Street. TRACT NO. 2 BEGINNING at a point at the building line on the South side of East Keller Street and Tract No. 1 herein; thence East along said building line, forty (40) feet to land now or formerly of Nellie M. Norton; thence by the same, South one hundred fifty (150) feet to the center of a twenty (20) feet alley; thence along said center line, West forty (40) feet to Tract No. 1 herein; thence North by the same, one hundred fifty (150) feet to the place of beginning. PARCEL I.D. NO. 17-24-0787-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-1443 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO 7467 NEW RIDGE ROAD, SUITE 200, HANOVER MD 21076 Plaintiff (s) From LOREN G FOSTER AND JUDY A FOSTER 5233 DUFFIELD STREET, APT 2, PHILADELPHIA PA 19124 (1) You are directed to levy upon the property of the defendant (s)and to sell 200 E KELLER STREET MECHANICSBURG PA 17055. (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 &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 DueS108,702.10 L.L.$ 0.50 Interest FROM 8/11/03 TO DATE OF SALE AT A PER DIEM RATE OF 26.29 Atty's Comm % Due Prothy $1.00 Arty Paid $144.28 Other Costs Plaintiff Paid Date: SEPTEMBER 8, 2003 (Seal) REQUESTING PARTY: Name FRANK L MAJCZAN JR ESQUIRE Address: 3644 ROUTE 378, SUITE A, BETHLEHEM, PA 18015 Attorney for: PLAINTIFF Telephone: (610)317-0778 Supreme Court ID No. 17638 CURTIS R. LONG Prothonotary By: ~/~ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER : CIVIL ACTION - MORTGAGE FORECLOSURE 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Citifinancial Services, Inc., f/Ida Commercial Credit Plan Consumer Discount Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania 17055. 1. The name(s) and last known address(es) of the owner(s) are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: Citifinancial Services, Inc., f/Ida Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 No. 03-1443 Civil Term Entered on August 11,2003 Amount of Judgment - $108,702.10 The names and addresses of the last recorded holders of every Mortgage of record Citifinancial Services, Inc., f/Ida Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Recorded on March 19, 1997 Mortgage Book 1370, Page 519 Mortgage Amount - $100,000.00 (ii) Providian Bank Recorded on August 5, 1999 Mortgage Book 1562, Page 505 Mortgage Amount- $52,000.00 Assigned to Mortgage Electronic Registration Systems Incorporated PO Box 226 Flint, MI 48501 Recorded on September 18, 2000 Modgage Book 654, Page 1145 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 1910 Carlisle Pike, Suite 104 Mechanicsburg, Pa. 17065 Recorded on June 26, 2000 Mortgage Book 1621, Page 102 Mortgage Amount - $30,000.00 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 (i~) Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 (iv) Occupant(s) 200 E. Keller Street Mechanicsburg, Pa. 17055 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 DATED: September 2, 2003 FRANK L MA~,N, JR., ESQUIRE ATTORNEY F~R PLAINTIFF 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER : CIVIL ACTION - MORTGAGE FORECLOSURE 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: LOREN G. FOSTER AND JUDY A. FOSTER Your property situate in Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania 17055, is scheduled to be sold at Sheriff's Sale on Wednesday, December 10, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court Judgment of $108,692,10 plus interest obtained by Citifinancial Services, Inc., f/ida Commercial Credit Plan Consumer Discount Co., against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to Citifinancial Services, Inc., f/ida Commercial Credit Plan Consumer Discount Co., the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, you may call: Frank L. Majczan, Jr., Esquire Attorney for Plaintiff (610) 317-0778 You may be able to step the sale by filing a Petition asking the Court to strike or open the 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 on page three (3) 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 TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at (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 the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call the Cumberland County Sheriff's Office at (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. 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. 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 after the 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 posting of the schedule of distribution. 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 LAVVYER 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. DATED: September 2, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 FRANK L. M,~ ATTORNEY/F ATTORNEYt$ ~R., ESQUIRE )R PLAINTIFF ). #17638 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants : CIVIL ACTION - MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS/OWNERSHIP COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON SS: I, FRANK L. MAJCZAN, JR., ESQUIRE, being duly sworn according to law, hereby depose and say I am the counsel for Plaintiff, Citifinancial Services, Inc., f/ida Commercial Credit Plan Consumer Discount Co., and to the best of my knowledge, information and belief, the last known Du~field address of Loren G. Foster and Judy A. Foster, Defendants in the within action, is 5233 I~ Street, Apt. 2, Philadelphia, Pennsylvania 19124 and are the owners of the property involved in this action. ~....~_ ~ SWORN TO AND SUBSCRIBED before me this 2nd day FRANK L. MAJ~:7_./~N, JR., ESQUIRE of September, 2003. ATTORNEY F,~,R PLAINTIFF ATTORNEY I.[;1. #17638 NOTARY PUBLIC Metro Filing Ser ,ces, Inc. 2021 ARCH STREET PHILADELPHIA, PA 19103 (215) 981 FILE pLAINTIFF (S) Citifinancial Services, Inc. et. al. DEFENDANT (S) Loren G. Foster SERVE AT 5233 Duffield Street Apt. 2 Philadelphia, PA 19124 Philadelphia Association of Professional Process Servers AFFIDAVIT OF SERVICE ICOURT TERM and NO. tCOUNTY 03-1443 Cumberland DATE pREpARED SERVED BY [ Sep 26, 2003 Frederick Cunningham ?ivil Action ~S~bpoena ~..~ Notice of Real Estate Sale Summons LJ Other 005397..4 · SPECIAL INSTRUCTIONS Served and made known to on the 21 day of at 5233 Duffield Street Loren G. Foster September 2OO3 , at 06:53 PM , County of Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served [] Adult family member with whom said Defendant(s) reside(s). Relationship is__ [] Adult in charC~e of Defendant's residence who refused to qive name or relationship. [] Agent or person in charge of Defendants's office or usual place of business. ~ Other Philadelphia an officer of said Defendant company, Height: Weight: Race: Sex: On the dav of .., at Defendant not found because: [] Moved [] Unknown [] No Answer [] Vacant [] Other NAME OF SERVER Frederick Cunnin,qham being duly sworn according to law, deposes and says that he/she is process server herein names; and that the facts herein true and correct to the best of their knowledge, information and belief. Process Server/Corn Sheriff Law Firm Frank L. Majczan Attorney's Name ..................... Address 3644 R_oute 3~ Unit E Bethlehe~PA 18015 Telephone (610) 317-0778 Client # 1090 1990 Philadelphia Assoc. of professional ProcessSe~ers Rev 98.1 Metro Filing Services, Inc, founding member. ATTEST PRO PROTHY 2021 ARCH STREET PHILADELPHIA, PA 19103 (215) 981 FILE AFFIDAVIT OF SERVICE PLAINTIFF (S) / COURT TERM and NO. COUNTY Citifinacial Services, Inc. et. al. / 03-1443 Cumberland DEFENDANT(S) DATE PREPARED IERVED BY Judy A. Foster Sep 26, 2003 Frederick Cunningham Metro Filing Servtces, Inc. SERVE AT 5233 Duffield Street Apt. 2 Philadelphia, PA 19124 Philadelphia Association of Professional Process Servers Civil Action SubPoena Summons NoOtt~eCre of Rea, Estate Sale ~ ~ONTROL NUMBER 005397.5 SPECIAL INSTRUCTIONS Served and made known to on the 21 day of at 5233 Duffield Street Judy A. Foster September 2003 ,at 06:53 PM , Coun~ of Philadelphia Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served [] Adult family member with whom said Defendant(s) reside(s). Relationship is unknown (Loren G. Foster) [] Adult in charge of Defendant's residence who refused to .(:live name or relationship. [] Agent or person in charge of Defendants's office or usual place of business. [] an officer of said Defendant company, [] Other Description Age: Height: Weight: Race: On the day of ~, at Defendant not found because: [] Moved [] Unknown [] No Answer ~ Vacant [] Other Sex: ER swo. m ~o and subsc~ed before/me thi% FNrAe dMeEr icOkFcSu~ nRiVn ~ h a m being duly sworn according to law, deposes and say~ th"t he/she is process server herein names; and that the facts herein set forth abo'~ anbE,~NA I KARACZ. Notary true and correct to the best of their knowledge, information and belief. ~ C~ d Phila(~elph,a. P~ila Cou. nt~y _ ! My COol'mss~on Exp,res October Sheriff Process Server/Competent Adult ....~,.~,,~j_ ~. C~.,-_-_~ Law Firm Attorney's Name Address Telephone Frank L. Majczan 3644 Route 378, Unit E Bethlehem, PA 18015 (610) 317-0778 Client # 1090 ATTEST PRO PROTHY 1990 Philadelphia ASSOC. of professional ProcessServers Rev 98.1 Metro Filing Semices, Inc. founding member, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff · NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER: CIVIL ACTION - MORTGAGE FORECLOSURE 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129,1 Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Uechanicsburg, Pennsylvania 17055. 1. The name(s) and last known address(es) of the owner(s) are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER: CIVIL ACTION - MORTGAGE FORECLOSURE 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania 17055. 1. The name(s) and last known address(es) of the owner(s) are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 3. The names and last known addresses of every Ju~dgment creditor whose Judgment is a record lien on the real property to be sold are: Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 No. 03-1443 Civil Term Entered on August 11, 2003 Amount of Judgment - $108,702.10 record are: (i) (ii) The names and addresses of the last recorded holders of every Mortgage of Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Recorded on March 19, 1997 Mortgage Book 1370, Page 519 Mortgage Amount - $100,000.00 Providian Bank Recorded on August 5, 1999 Mortgage Book 1562, Page 505 Mortgage Amount - $52,000.00 Assigned to Mortgage Electronic Registration Systems Incorporated PO Box 2026 Flint, MI 48501-2026 Recorded on September 18, 2000 Mortgage Book 654, Page 1145 2 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 4910 Carlisle Pike, Suite 104 Mechanicsburg, Pa. 17050 Recorded on June 26, 2000 Mortgage Book 1621, Page 102 Mortgage Amount- $30,000.00 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 (ii) Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 (iv) Occupant(s) 200 E. Keller Street Uechanicsburg, Pa. 17055 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: OCTOBER 16, 2003 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-1443 :CIVIL ACTION - MORTGAGE FORECLOSURE VS. LOREN G. FOSTER and JUDY A. FOSTER: 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants CERTIFICATE OF MAILING NOT, ICE Mortgage Electronic Registration Systems, Inc., successor by assignment from Providian Bank PO Box 2026 Flint, MI 48501-2026 The undersigned certifies that Notice of the Sheriffs Sale of real property scheduled for Wednesday, December 10, 2003, at 10:30 A.M. in the above-captioned matter was sent to the following by mailing such Notice on October 16, 2003, by First Class Mail/Certificate of Mailing, true and correct copies of which are attached hereto: Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa. 4910 Carlisle Pike, Suite 104 Mechanicsburg, PA 17050 Cumberland County Domestic Relations Off. 13 North Hanover Street Carlisle, PA 17013 DATE: OCTOBER 16, 2003 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Occupant(s) 60 East Creek Road FRANK L. IVlA/ -~1 ~1~. ESQUIRE ATTORNEY ~'¢ ~,/~/~ AINTIFF ATTORNEY ~ ~f7638 (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 October 16, 2003 Mortgage Electronic Registration Systems, Inc., successor by assignment from Providian Bank PO Box 2026 Flint, MI 48501-2026 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, aechanicsburg, Pennsylvania 17055, as described on the sheet attached hereto, will be sold by the Shedff of CUMBERLAND County on Wednesday, December 10, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carliele, Pennsylvania, pursuant to a judgment entered in the amount of $108,702.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CifiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A seamh of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriffs Sale. When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have a lien against this property as follows: Mortgage in the amount of $52,000.00 recorded on August 5, 1999 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1562, Page !505; Assignment recorded on September 18, 2000 in Mortgage Book 654, Page 1145. A schedule of distribution will be filed by the Shedff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriffs Office by calling (717) 240-639(I to determine the actual date of filing of said schedule. Ver rs~ZA L~ N, JR.- FIRST CLASS MAIL/CERTIFICATE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 15015 FAX (610) 317-0782 October 16, 2003 Beneficial Consumer Discount Company, d/b/a Beneficial Modgage Company of Pennsylvania 4910 Carlisle Pike, Suite 104 Mechanicsburg, PA 17050 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the properly and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E, Keller Street, Mechanicsburg, Pennsylvania 17055, as described on the sheet attached hereto, will be sold by the Shedff of CUMBERLAND County on Wednesday, December 10, 2003, at '10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $108,702.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Shedffs Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have a lien against this property as follows: Mortgage in the amount of $30,000.00 recorded on June 26, 2000 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1621, Page 102 A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriffs Office by calling (/17) 240-6390 to determine the actual date of filing of said schedule. Ye U~, L. ZAN, JR. FIRS T~CLASS MAIL~CERTIFICATE ,OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610} 317-0782 October 16, 2003 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania 17055, as described on the sheet attached hereto, will be sold by the Sheriff of CUMBERLAND County on Wednesday, December 10, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $108,692.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any child and/or spousal support arrearages against the above individuals. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. Very truh FLM,JR:, Enclosu ~[~N, JR. FIRST CLASS MAIL/CERTIFICATE OF MAILING (610)317-0778 FRANK L. MAJCZAN, J1L ATTORNEYATLAW 3644ROUTE370~SUITE A BETHLEHEM, PENNSYLVANIA 10010 FAX (610) 317-0782 October 16, 2003 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E, Keller Street, Mechanicsburg, Pennsylvania 17055, as described on the sheet attached hereto, will be sold by the Sheriff of CUMBERLANB County on Wednesday, December 10, 2003, at 10:00 A,M,, prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $108,702.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your dght to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any child support arrearages against the above individuals. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. N, JR. FIRST CLASS MAIL/CERTIFICA TE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 October 16, 2003 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania 17055, as described on the sheet attached hereto, will be sold by the Sheriff of CUMBERLAND County on Wednesday, Becember 10, 2003, at '10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $108,702.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CitiFinancial Services, Inc.=. f/k/a Commemial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A seamh of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Shedffs Sale. When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale pdce is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any delinquent real estate taxes. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. ours, ~N, JR. FIRST CLASS MAIL~CERTiFICATE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 October 16, 2003 FAX (610) 317-0782 Occupant(s) 200 E. Keller Street Mechanicsburg, PA 17055 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania 17055, as described on the sheet attached hereto, will be sold by the Sheriff of CUMBERLAND County on Wednesday, December 10, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $108,702.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commemial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A seamh of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises secudng an obligation owed to you or may have a dght to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days affer the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. Very truly yours, F~~ . M;~~ ~N, JR. FLM,J~ ah Enclos[/re FIRST CLASS MAIL~CERTIFICATE OF MAILING SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 03-1443 Civil issued in the Coud of Common Pleas of Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, on Wednesday, December 10, 2003, at 10:00 o'clock A.I~/1. in the forenoon of the said day, all the dght, title and interest of the Defendant in and to: ALL THOSE TWO CERTAIN tracts of land located in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at the building line on the Southeast corner of Keller and Race Streets; thence along Keller Street, East forty (40) feet; thence South one hundred forty (140) feet, more or less, to the line of an alley; thence along the line of said alley, West forty (40) feet to the line of said Race Street; thence along the line of Race Street, North one hundred forty (140) feet, more or less, to the place of beginning. HAVING thereon erected a frame dwelling and outbuildings known and number as 200 East Keller Street. TRACT NO. 2 BEGINNING at a point at the building line on the South side of' East Keller Street and Tract No. 1 herein; thence East along said building line, forty (40) feet to land now or formerly of Nellie M. Norton; thence by the same, South one hundred fifty (150) feet to the center of a twenty (20) feet alley; thence along said center line, West forty (40) feet to Tract No. 1 herein; thence North by the same, one hundred fifty (150) feet to the place of beginning. PARCEL I.D. NO. 17-24-0787-018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ClTIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-1443 VS. LOREN G. FOSTER and JUDY A. FOSTER: CIVIL ACTION - MORTGAGE FORECLOSURE 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants SECOND AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Citifinancial Services, Inc., f/k/a Commemial Credit Plan Consumer Discount Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Uechanicsburg, Pennsylvania 17055. 1. The name(s) and last known address(es) of the owner(s) are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment are Loren G. Foster and Judy A. Foster, 5233 Duffield Street, Apt. 2, Philadelphia, Pennsylvania 19124. 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: (i) (ii) record are: (i) (ii) Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 No. 03-1443 Civil Term Entered ~on August 11, 2003 Amount ~f Judgment - $108,702.10 Mechanicsburg Borough of West Strawberry 2 West Strawberry at North Market Street Mechan!csurg, Pa. 17055 No. 2003-01443 Entered on August 18, 2003 Amount ,of Judgment -$310.92 The names and addresses of the last recorded holders of every Mortgage of Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Recorded on March 19, 1997 Mortgage Book 1370, Page 519 Mortgagee Amount- $100,000.00 Providian Bank Recorded on August 5, 1999 Mortgage Book 1562, Page 505 Mortgage Amount - $52,000.00 2 Assigned to Mortgage Electronic Registration Systems Incorporated PO Box 226 Flint, MI 48501 Recorded on September 18, 2000 Mortgage Book 654, Page 1145 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 1910 Carlisle Pike, Suite 104 Mechanicsburg, Pa. 17065 Recorded on June 26, 2000 Mortgage Book 1621, Page 102 Mortgage Amount - $30,000.00 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 3 (~i) Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 (iv) Occupant(s) 200 E. Keller Street Mechanicsburg, Pa. 17055 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. ~ ~sification to authorities. DATED'NOVEMBERS, 2003 ' '/ ! ' FRANK L. MAJ¢ ~I~/,JR., ESQUIRE ATTORNEY F(~F 'PLAINTIFF ATTORNEY 1.1~ ~17638 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff · NO. 03-1443 ' CIVIL ACTION . MORTGAGE FORECLOSURE VS. LOREN G. FOSTER and JUDY A. FOSTER: 200 E. Keller Street Mechanicsburg, Pa. 17055 Defendants SUPPLEMENTAL CERTIFICATE OF MAILING NOTICE The undersigned certifies that Notice of the Sheriffs Sale of real property scheduled for Wednesday, December 10, 2003, at 10:30 A.M· in the above-captioned matter was sent to the following by mailing such Notice on November 5, 2003, by First Class Mail/Certificate of Mailing, true and correct copies of which are attached hereto: Mechanicsburg Borough of West Strawberry 2 West Strawberry at Narth Market Street Mechanisburg, Pa. 17055 DATED: 11/5/03 FRANK L. M/~,,~;~ ('N~ JR., ESQUIRE ATTORNEY/F~OR PLAINTIFF ATTORNE~(D. #17638 (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX(610)317-0782 November 5, 2003 Mechanicsburg Borough of West Strawberry 2 West Strawberry at North Market Street Uechanicsburg, Pa. 17055 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and known as 200 E. Keller Street, Mechanicsburg, Pennsylvania '17055, as described on the sheet attached hereto, will be sold by the Sheriff of CUMBERLAND County on Wednesday, December 10, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $108,702.10 in the Court of Common Pleas of Cumberland County as No. 03-1443 Civil Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/ida Commercial Credit Plan Consumer Discount Co., and against Loren G. Foster and Judy A. Foster, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the properly or other information received indicates that you may have a lien or mortgage on the above premises secudng an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have a lien against this property as follows: Municipal lien in the amount of $310.92 recorded on August 12, 2003 in the Office of the Prothonotary of CUmberland County to Docket #2003-03930. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriffs Office by calling (717) 24g-6390 to determine the actual date of filing of said schedule/~ V~jR. FLM,JR:dmd Enclosure FIRST CLASS MAIL/CERTIFICATE OF MAILING 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 Jack M Sl~roch is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue ora writ Execution issued on the 8th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1443, at the suit of Citifinancial Ser Inc against Loren G Foster & Judy A Foster is duly recorded in Sheriff's Deed Book No. 261, Page 1708. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o~ / ~ day of ~--~'~ ~~f~ecorder of Deeds Citifinancial Services, Inc. f/k/a Commercial Credit Plan Consumer Discount Co. VS Loren G. Foster and Judy A. Foster In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1443 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 2:26 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofLoren G. Foster and Judy A. Foster located at 200 E. Keller St., Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Loren G. Foster and Judy A. Foster, by regular mail to their last known address of 5233 Duffield Street, Apt. 2, Philadelphia, PA 19124. These letters were mailed under the date of October 8, 2003 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 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $60,000.00 to Jack M. Sproch. It being the highest bid and best price received for the same, Jack M. Sproch of 70 Hickorytown Road, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $63,265.22. Sheriffs Costs: Docketing $30.00 Pmmdage 1200.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Levy 15.00 Surcharge 40.00 Law Journal 316.55 Patriot News 235.18 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2009.91 Sworn and subscribed to before me 3.~ay of(~,~ ,, This 2004, A.D. ~'ff~/~on~],.~, ~/ R. Thomas Kline, Sheriff Real Estate~Deputy SCHEDULE OF DISTRIBUTION SALE NO. 44 Date Filed: January 9, 2004 Writ No. 2003-1443 Civil Term Citifinancial Serdces, Inc., f/lc/a Commercial Credit Plan Consumer Discount Co. VS Loren G. Foster and Judy A. Foster Sale Date: Buyer: Bid Price: December 10, 2003 Jack M. Sproch $60,000.00 Real Debt: $108,702.10 Interest: 3,181.09 Attorney Costs: 144.28 Total: $112,027.47 DISTRIBUTION: Receipts: Cash on account (09/11/03): $ 1,500.00 Cash on account (12/10/03): 6,000.00 Cash on account (12/23/03): 57,265.22 Total Receipts: $64,765.22 Disbursements: SherifPs Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Mechaffmsburg Borough Attorney Frank Majczan, Jr. Citifinancial Services, [nc. $ 2,009.91 400.00 932.61 932.61 2,722.53 1,555.51 1,500.00 54,712.05 Total Disbursements: Balance for distribution: ($64,765.22) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 44 Held Wednesday,December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims, MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , and recorded , in Cumberland County Deed Book , Page RECITAL: Being the same premises which Mark Walker Properties by deed dated May 9, 1990 and recorded May 10, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "0,' Volume 34, Page 134, granted and conveyed to Lomn G. Foster and Judy A. Foster, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Keller Street and Race Street and an unnamed 20 foot alley. Mortgage in the amount of $100,000.00 given by Lomn G. Foster and Judy A. Foster to Commemial Credit Plan, CDC. dated March 17, 1997 and recorded March 19, 1997 in Mortgage Book 1370 Page 519. Complaint in mortgage foreclosure filed by CitiFinancial Services, Inc. formerly known as Commercial Credit Plan, CDC as Plaintiff against Loren G. Foster and Judy A. Foster ll. 12. as Defendants on March 28, 2003 in the Office of the Prothonotary of Cumberland County to File No. 2003-1443. Judgment in the amount of $108,702.10 entered August 11, 2003. Mortgage in the amount of $52,000.00 given by Loren G. Foster and Judy A. Foster to Providian Bank dated July 27, 1999 and recorded August 5, 1999 in Mortgage Book 1562, Page 505. Said mortgage being assigned to Mortgage Electronic Legislation Systems, Inc. by instrument recorded September 18, 2000 in Miscellaneous Record Book 654, Page 1145.. Mortgage in the amount of $30,000.00 given by Loren G. Foster and Judy A. Foster to Beneficial Consumer Discount Company dated June 22, 2000 recorded June 26, 2000 in Mortgage Book 1621, Page 102. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,285.64 as of the date of the Sheriff Sale. Municipal lien filed by the Borough of Mechanicsburg as Plaintiff against Loren G. Foster and Judy A. Foster as Defendants, on August 12, 2003 in the Office of the Prothonotary of Cumberland County to File No. 2003-3930 in the amount of $310.92. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. by the same. one hundred idly {150] feet to the place o£ begirull~g. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. 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 Mamh 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. 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. PUBLIC A TION ......... ..~.~.....~...~ ................. COPY Sworn ol~d subscribed bef/~ this lOth ~of/.Noir 2003 A.D. .9, CityOfHar sburg, Dauphin County I Not R U L C MyCommiss~onExpiresJune6,2(X)6 ~y commission expires June 6, 2006 Member, Permsy;vania AssedaiJon Of No{aries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 235.18 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have 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 : 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 17, 24, 31, 2003 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. 44 Writ No. 2003 1443 Civil Cltifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co. VS. Loren G. Foster and ,Judy A. Foster Atty.: Frax~k L. Majczan. Jr. SHERIFFS SALE DESCRIPTION By virtue of a Writ of Execution to No. 03 1443 Civil issued in the Court of Common Pleas of Cumber- land County. Pennsylvania, directed to me, there will be exposed to pub- lic sa[e, by vendue or outcry to the highest and best bidders, for caah. in the Cumberland County Court- house. 1 Courthouse Square, Carlisle, Pe~msylvanla, on Wednesday, De- cember 10, 2003, at 10:00 o'clock A.M. in the forenoon of the said day, all the right, title mad interest of the Defendant in and to: ALL THOSE TWO CERTAIN SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 LOIS E. SNYDER, Not~ly Public Cl~isle Bom, Cumberland County My Co~mission Expires Mar~ 5, 2005 By virtue of a Writ of Execution to No. 03-1443 Civil issued in the Court of Common Pleas of Cumber land County, Pennsylwmia, directed to me, there will be exposed to pub- o li¢ sale, by vendue or outcry to the highest and best bidders, for cash. in the Ct~mberlmnd County Court- house, 1 Courthouse Square, Carlisle, Pennsylvania. on Wednesday, De cember 10. 2003, at 10:00 o'clock AM. in the lbrenoon of the said day, ail the right, title and interest of the Det~ndant in a~d to: ALL THOSE TWO CERTAIN tracts of land located in the Bor- ough of Mechm~icsb.Lrg, County of Ctimberland and State of Pennsyl- vania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at the bulldlng line on the Southeast corner of Keller and Race Streets; thence along Keller Street, East forty 140} feet; thence South one hundred forty (140} feet, more or less, to the line of an alley: thence along the line of said alley, West forty (401 feet to the line of said Race Street; thetxce along the line of P~ace Street, North one hundred forty [140) feet. more or less. to the place of beginning, HAViNG thereon erected a frame dwelling and outbuildings known and number as 200 East Keller Street. TRACT NO. 2 BEGINNING at a point at the building line on the South side of East Keller Street and Tract No, 1 herein: thence East along said build- lng line. forty (40) feet to land now or formerly of Nellie M. Norton; thence by the same. South one hun- dred tlfty (1501 I~et to the center of a twenty (20} feet alley: thence along said center line, Weal fort3r (40) feet to Tract No. 1 herein: thence North by the same, one hundred ltl~y (1501 feet to the place of beginning. pARCEL, I.D. NO. 17-24-0787- 018. - LOIS E. SNYDER, NotaP/Public Carlisle I~'o, Cumbefla~l County My C~ ~ims Ms~ 5, 2~