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Home My WebLink About00-07948 '.'!'i"_,."........... FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $6.70 from 8/1/99 to 12/1/00) Accumulated late charges Late charges ($13.39 per month to 12/00) Escrow Deficit 5% Attorney's Commission $41,954.33 $ 3,262.90 $ 174.07 $ 214.24 $ 197.67 $ 2,097.72 TOTAL $47,900.93** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 1:\HOME\MKF\DOCS\CUMBERLA\FOL TZ.P ""^",- ~ , " ";i .... . FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. ~ Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 By #15700 "ji'"",,,,,,~~-. '~"- < I ~-- "I . . -" ., FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7948 CIVIL , VS. KIMBERLY A. FOLTZ F/KIA KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE Defendants DATE OF TillS NOTICE: February 21, 2001 TO: KIMBERLY A. FOLTZ AfKJA KIMBERLY A. MAXWELL 47 NORTH 8TH STREET LEMOYNE, P A 17043 KENNETH L. FOLTZ 47 NORTH 8TH STREET LEMOYNE, P A 17043 TillS 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION CARLISLE,PA 17013 717-249-3166 PURCEL~R By LEON P. HALLER, Attomey for Plaintiff LD. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 --~;"',.~~." " "",:,~",jJ.;ill!), FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on ~:~ 13 d-rv/ against you in the the above- $47,900.93 and for the sale and foreclosure of your property located at: 47 North 8th Street, Lemoyne, PA 17043 Dated: 3- 13- 01 e~ I? o(~ '., ,. PROTI10NOTARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone, (717) 234 -41 78 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Kimberly A. Foltz a/k/a Kimberly A. Maxwell 47 North 8th Street Lemoyne, PA 17043 Kenneth L. Foltz 47 North 8th Street Lemoyne, PA 17043 ",',,~-, - ~ ~. i",,\~~ \Vi II' i,ll, c--..... ':\1\ iI' ill "[', " I,l' I!" !1. "!" "j i1/1; !f! [ in! .Jar IIi ,~ ! , I "I ill i ',Ii'I ii i v~ -~" , "'~ . '~- "~ _,~ _e'_ _".,,~ . " _, ~ ~ . 0.' ff -~,_...' - ,-,~".~-=" "~~- ~ ", ~4:~\tt: 0- E :17 (f--. ~ ........ "," <0 ~ f' 0 0 0 c ,,,,., <'"' ::l!:: :;~ u(:O :r:~ mrn _2__ -:0.. Z:x: ::0 , lp &is: -.r.m G0 :b? -<2- ;,;0 r-:''--'''' ..-- '--' -0 -:--,; i>- -;:--,1 .~",. ")0 "'"7 ( } ,~ '<;-'-j 1:s rn )>,", r- C ~. Z 0 ~ ~ 0::> -< 1II,~'li'lw. ~,~~<,_"~_L_~~l!Il'lr~, ~""""""",!(I!i'!''!Ii_-'i!'''!''i~""~~~om~ii'!l'!~''E'~i'j-fW)''''',"~-'t-,,,,~_,,""K'P"';"i";T",g';Y"'$,'_"wwr;;'~"B-,",":H''l''\,'B~'''''J':'.l'J''''''''i'''tj0"""l'''~~f"~!!R~ ~ -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 00 7948 FIRST TRUSTEE FINANCE UNION NATIONAL BANK AS FOR PENNSYLVANIA HOUSING AGENCY, PLAINTIFF TOTAL AMOUNT J OF JUDGMENT $47,900.93' Interest at $6.70 per diem to sale date $ 1,252.90 Late charges at $13.39 per month to sale date $ 66.95 Escrow Deficit $ 2.000.00 TOTAL $51,220.78* VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS *SALE DATE: WEDS.,JUNE 6, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 9, 2001 ~/ Attorney for plaintiff ~ 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND 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 known as 47 NORTH 8TH STREET, LEMOYNE, PA 17043. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY I:\HOME\MKF\DOCS\CUMBERLA\FOL TZ.w i J)O'~[ '<, ,~, "u_, " " '.." ~~ ,~ ~ ALL THAT CERTAIN piece or parcel of/and situate in the Borough ofLemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: '. BEGINNING AT A POINT on the eastem side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands. now or late or Frances L Coulson 220 feet to a point on the western line of Hill Alley; thence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line oflands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the e~stern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. BEING KNOWN AS 47North~ighth Street,. Lemoyne, PA. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly known as Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127 Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz. TO BE SOLD AS THE PROPERTY OF KENNETH L. FOLTZ A/K/A KENNETH L. FOLTZ, JR. AND KIMBERLY A. FOLTZ ON JUDGMENT NO. 00 7948. PARCEL: 12-21-0267-242 " 'i ,..~ . '- -, , ,~- iI -" ~ _~~ I ill l'J1\ll_~".n~ \'f;::> 1" ~ '-.. ;jl i ._"'''''~e ,. . ~" . - ..~, ~ 0='- _ , _~_ I. ""'-."''",V'_ i---. i~ -- i0 ,-t\ I\-" ~ cJ L ?' ~ LA; * ?C~ '(y . "i ~ ~ ~ ~'" ~ 'V ~ ..., ~- -- ~'W_~'I!'''.~ffi'''~-',~W'"'''''+'''''~'-'\'1i~MY!'-'' h ~ "'-ll~ll.n'i'I"'!'11 " ._. ""'1'1'1"" o C "". -005 mu:; Z--.' z' me rs; ~~ ._Co ::S;, z'-" ~C) "'"C ~ o o 'Tj ::;:J ~Yl ::J I~8 ~~~~ ~ ~:::::(;;; c-::n1 -{ .",. ::0 -< ~ "l'''''>~;'''''!Y,~F.~.-"p__''''~''f~'"IlI\'E'''Fjl'''''HWl'''''~ll;f:''n\~~II$'l!/!'l~' :1.: :~ ;;0 w ''"0 :::r:: r.- .. o \0 FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 47 NORTH 8TH STREET, LEMOYNE, PA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s) : Kimberly Kimberly .47 North Lemoyne, A. Foltz a/k/a A. Maxwell 8th Street PA 17043 Kenneth L. Foltz a/k/a Kenneth L. Foltz, Jr. 47 North 8th Street Lemoyne, PA 17043 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Fry Communications 800 W. Church Road Mechanicsburg, PA 17055 Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia, PA 19103 Equity One Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 ". ". , . 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Equity One Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of in the property and UNKNOWN every other person who has any record whose interest may be affected by the 7 . Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. ~ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9, 2001 ~~ ".' iii ~~~ , j'i\l,jj'-~~'< "~" ,'e."""""" """'I '''",~,. 'llilJI' lI'TTi/i"if, c"'", (') c;::. 0 C -n ~ ::x ""'- v(D :;;mo :n Q1rn :.:0 Z::r; r- Zr;:: '~(jm (~.> ';-)6 ~:~:: (-) r-::C") :O!jL -0 :,:r:"Tl ;i~r-l ::l: r"'-..,. -n ~:4 C') L.C5 r:- arn Pc u,.-j Z :::> ..". --< ::0 -< ", -< - jllill!"~~"'''''1lF1'Wi'~~'''''''!l'i~'llf;1!''N,"m'"'_l1f""t'~'''~;<I",~_,_"",{''4<j'_t,,. ""~;""-""H'l""",f,''''-''~",",]I'lIfflP,i'fi'~''''''''W~1W'l'"1~'','''I!l'?1l;''nl'C'\',!l!_ _ ~,..,~ FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE; WEDNESDAY, JUNE 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is; 47 NORTH 8TH STREET LEMOYNE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 00 7948 CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property -,,~>'>:~ " , _~, ,n . .,. , "I ~-- KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ a;k/a KENNETH L. FOLTZ, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. -C'_ -'0 ,-~ "" '_I 2. After the Sheriff's Sale you may file a petition with the Court of Common pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor'before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 "~-"!'1'!11 rn ".,",'"', .~ , ~-" - <, ALL THAT CERTAIN piece or parcel ofland situate in the Borough ofLemoyne. County of Cumberland, Commonwealth of Pennsylvania. more particularly bounded and described as folloWs: BEGINNING AT A POINT on the eastem side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline ,of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or lale of Prances L Coulson 220 feet to a point on the western line of Hill Alley; (hence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. BEING KNOWN AS 47NorthEighth Street, Lemoyne. PA. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly known as Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127 Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz. TO BE SOLD AS THE PROPERTY OF KENNETH L. FOLTZ A/K/A KENNETH L. FOLTZ, JR. AND KIMBERLY A. FOLTZ ON JUDGMENT NO. 00 7948. PARCEL: 12-21-0267-242 1""1 . ' - ::H .~ ~~ ~ ,,,,,"'C:" ,~. """'-"'T,rllJi1f1l<1U TT I rnr 'h~" 0 c.J c: ::::> :;> -q ~g3 :it ~ ;t:~ -',- :;0 h-!::n ,-- C0 <> -',"jln ~(~' w ~:~i6 ~\..-....., -"0 :~~ ~." :::1: :;;:;;(~ ~c a- t) ni ~ :::> -; 55 '0 -< "J''''"''''_~"'~''' , ~mm'"~"~\"",,,'i~~i!'!i'-"""'~~-'!~~m'~mt!t~--:~p,w,j, l' ,,,,,),,,,,_'''';_',;.''F! ,""l:i;'",";i_",,,,,,,,,,-,~~,,,'~,Cf"""';" -,j+--'n'lI"'ff<illf~"""'''''',I'''<;:lf;'~''c',,",,'''JiIl'F~_q,"~,_ _ TI_~~~: FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE 00- 79Ltf d~~( y~ KIMBERLY A. FOLTZ F/KIA KIMBERLY A, MAXWELL AND KENNETH L. FOLTZ Defendants TIllS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS paPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LA WYERREFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISa LE HAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIa QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISa. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTa DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y , REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. paR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 '''''- To. .."T ,- FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE vs. KIMBERLY A. FOLTZ AlKlAKIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, Defendants TIIE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attomey is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. 'Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attomey will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attomey within said thirty (30) day period, the undersigned attomey will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attomey I.D.# 15700 Attomey for Plaintiff " ., ~ - " - FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE 11e" OV - '1 q 'f'l CUn.-t -r ~ KIMBERLY A. FOLTZ FIKIA KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 21 0 I North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, KIMBERLY A. FOLTZ, is an adult individual, whose last known address is 47 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. Defendant, KENNETH L. FOLTZ, is an adult individual, whose last known address is 47 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. 3. On or about, December 30,1993 the said Defendant, KIMBERLY A. FOLTZ FIK/A KIMBERLY A. MAXWELL executed and delivered a Promissory Note ("Note") in favor of INTEGRA MORTGAGE COMPANY ("Original Mortgagee") in the principal amount of $45,900.00, the proceeds of which were used to purchase a residential property located at 47 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. A copy of the Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment ofthe same, Defendant, KIMBERLY A. FOLTZ FIK/A KIMBERLY A. MAXWELL made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book I 190, Page 1072 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATES BANK, N.A. and was recorded in Book 463, Page 373. The Mortgage was subsequently assigned to MELLON BANK, N.A. and was recorded in Book 535, Page 729. The Co co_,,^' "'~ < ~ ~ Mortgage was subsequently assigned to PENNSYL V ANlA HOUSING FINANCE AGENCY and was recorded in Book 617, Page 794. The Mortgage was further assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. 5. The land subject to the Mortgage is: 47 NORTH 8TH STREET, LEMOYNE, PA 17043 and is more particularly described in Exhibit "B" attached hereto. 6. By Deed dated August 24,1995 and recorded August 29,1995, the said Defendant Kimberly A. Foltz F /KJ A Kimberly A. Maxwell, conveyed the property subject to the Mortgage to herself and her husband the Co-Defendant, Kenneth L. Foltz. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September I, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $6.70 per day From 08/01/1999 To 12/01/2000 (based on contract rate of 5.750%) $41,954.33 $3,262.90 UNPAID PRINCIPAL BALANCE Accumulated Late Charges $174.07 Late Charges at $13.39 Per Month for 16 months $214.24 Escrow Deficit $197.67 Attorney's Fee at 5.0% of Principal Balance $2,097.72 $47,900.93 **Together with interest at the per diem rate noted above after December 1, 2000 and other charges and costs to date of Sheriffs Sale. The attomey's 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 >if, . - ", ,\ .". . . ~ "~ Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attomey's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 1 I. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualifY for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.750% ($6.70 per diem), together with other charges and costs including escrow advances incidental thereto to the dat f Sheriff' Sale and for foreclosure and sale of the property within described. CE , UG & HALLER Leon P. Haller, Esquire Attomey for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) By: -:-n,. " - 1" .-"' ~. , ~ " Shibif ':A'. '-",~ p. J (I~____ Y'r\aJ(-,-<><-u, NOTE _ / OfO'!lI(~1 CAMP HILL PENNSYLVANIA December 30 ,19 93 [Cily} [Stalej 47 N 8TH STREET PA 17043 LEMOYNE {Properly AddressJ 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is 116 ALLEGHENY CENTER MALL PITTSBURGH 4 5 900 - 00 (this amount is called INTEGRA MORTGAGE COMPANY PA 15212 I understand that the Lender may transfer this Note. The Lender or anyone who takes tbis Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". Z. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly Tate of 5 7500/0. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments. I will pay principal and interest by making payments every'month. I will make my monthly payments on the 1ST day of each month beginning on F.'EBRUARY , 19 94. I will make these payments every month until I have paid aU of the principal and interest and any' other charges described below tbat I may owe under this Note. My monthly payments will be applied to interest before principal. If, on JANUARY 1 ,2024. I still owe amounts under this Note, I will pay those amounts in full on that date. which is called the "maturity date" . I will make my monthly payments at INTEGRA MORTGAGE COMPANY 116 ALLEGHENY CENTER MALL PITTSBURGH PA 15212 or at a different' place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 267 86 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be 110 changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits. then: (i) any such loan charge shall be reduced by the amount necessary to reduce [he charge to the permitted limit; and (ii) any sums already collected fro!ll me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direCt payment to me. If a 'refund reduces principal. the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments. If the Note Holder has not received the full amount of any monthJy payment by the end of 1 5 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 0/0 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue ~ount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GMNG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by ~iling it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different 'address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULnSTATE AXED RATE NOTE-Single Famllv-FNMAJFHLMC UNIFORM INSTRUMENT _-5A1S1051 VMP MCii-...AGE FORMS . 18001521-7291 Fonn 3200 12183 Amended 6/91 .8. OBLIGATIONS OF PERSONS UNDER THIS NOTE .. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any person woo is a guarantor. surety or endorser of this Note is also obligated to do these things. Any person who take$ over these obligations, including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has Obligations: under this Note waive the rights of presentment and notice of dishonor. uPresentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give, notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note 'Holder under this Note. a Mortgage. Deed of Trust or-Security Deed (the '"Security InstrumentU), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes :how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. SOIIte of those conditions are described as follows: Transfer of the Property or a Beneficiallnterestlo Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option. require immediate payment in full of aU sums secured by this Security Instrument. However. this option shall not be exercised by lender jf exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered- or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 1'))'#0 bItt a '1!Jfl~l1rt H KIMBERLY M~XWELL SSN: 182..6 0146 (Seal) -Borrower (Seal) -Borrower SSN: (Seal) -Borrower SSN: (Seal) -Borrower SSN: (Sign Original Only). 'ay Without . ^'''" PAY TO THE ORDER OF(w.rmoor RECOURSE) 1ELLON n:,~:,.:,~ur"e to the ordQ~itates Bank, N.!. as Trustee :mder a. ....... ,h, I\J.A AC .rr.:', _.....~o\:. Indenture of the Pennsylvarua Housmg under 2n [f:c;snlure"-o;~" ::, :..1 " .~ce Agency dated as of April 1, 1982 t"le I.... I >.I;", 'Jjln ["'-'''':'::'VIl'n . F. . ,. '".Illa/-'!r>/:.':' . dj",j;:"JJ'\{J"1 "" c- ,..,; .' -...:.~1:J1C}' r.>.!C1,' . "":'I'\PII11~;;,' , .:4- fy.- CU/'C':""t"'S B' b ~ --. t... anli. J\tA. EIL!=;:~.1 M. SHEEHAN VICE PRECJ.:)ctlT 0103661 f_. .' tl;" , --~r-'~-~''''''''''''''TiN~''~l/~~~~>:'~ .., '.~."-'._-- ALL THAT CERTAIN' piece or parcel of land ,situate in the:.Borou9h::'of.'~emcYne,., (:oun1;Y of , ':I' '., ...... .~".' ' .I, ~. ,\~...."'."~"""'." " ...." cumberland, cOlllDlonwealth of Pennsylvania'" more' particul1U'ly"bounde~'}U1(hdescri1?ed as. follows: ...... . . .... :;. ~~.~~:~~..::,..~4t!~i;~';'~'..~I~;;'~'~>i::';l.,r~~(~i~{'[::.:' '.1 ...... .:"'"', '," 1'.".:.J!.(/ . .:,r. ,t-1l'~=':.p:ri..r;.lo.~::,.t~~t.~.~:~'.t~~~r.-~.:Ji\~t;-?," ~....: ,l"~"'r.' ..1 . ' . . <,." ';.': .k~~: :::t.,,~:\~;,:':''':::~~:~'!'~:;:',:~;~'i:L' .~~~;~/> '., : ': BEGINNING AT A POINT on the eastern side of E1ghtli:'street/'Dale'Avenue, at a distance . . ....." ../O!JW' ". "'1141." ~,~. ".....r "'.1~'" of 34S feet, m~asured in a n~rtherly dir\ct~~.e~;tr.~.~t~~~~~~~~~:~D:.).~f Market street; i. thence in an east;,;,rlY directJ.on.at .:t:~~~~:';..~.n~;esl:1;~l!i.!JJ~thJI'l~ef!t.a~on9 lands now or:.. lae of ~rances ,r.. coulson 220 feet:;to':a P.o~,~~S~,~11\ft\stlll~. i'ine~.}J.t.ll'Alley; .,. ;;; t~ence J.n a.northerly direction alOn9;.8ill.,~?:.~:i.~.M'fi~;nCh!l!~~o'a.point on t~e'~~ bne of lands now or ,late of 8.B. MWIIIlIa;....thenceJin .~sterlrd!i:'ection along the' "{.f last ment~oned lands : and right angl",8;to ;:~~~~~1~,li5.5fe~oa point o~:'theJt: eastern IJ.ne of Eighth street; thence in; a:'souther ,ilia onfillong the eastern line, of Eighth street'.40.S' feet to a pOiil:t, 'p~)f.~~~OF,~Gmr' G.' :;IJ, ';,1(' ..., fJ; . . . "'. .~r...fMW!.,~,~ "~p'%l "':.I BEING KNOWN AS 47 North Eighth' street, r.e;m:,Yii~;~~~:;~;:...~, ~';~,,{~i ". . ." . .........,. .u\,.... '.J-,. ,~ ~n~ THE SAME: PREmsEs which Robert J; Davis and Mal:yanne E~ Davis, husband and w~fe,. by deed dated December 30th, 1993 and which is intended to be recorded forth- wJ.th ~ the CUn'i:ler1and County Office,.of the. Rec9rde+ of Deeds granted and conveyed unto Kinbedy A. Maxwell, Mortgagor herein. ..,......-...' '.. .,. ":i"3vlv'!nia '\ ...." ,'"riand J 58 E Xhil?it "13" ,~,~ ~ ""..,,-, . ~M. it! Iii ;.r~ i n7lit ,I " 1.. Date: March 21, 200' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE '. This is an official notice that the mortl!al!e on vour home is in default. and the lender intends to foreclose. Suecific information about the nature of the default is urovided in th attached pal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPJ may be abl to help to save vour home. This Notice explains how the prog:ram works. To see if HEMAP can helD. vou must MEET WIlli A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Tak this Notice with vou when vou meet with the Counselinl! Al!encv. The name. address and Dhone number of Consumer Credit Counseling: Al!encies servin vour County are listed at the end ofthis Notice. Ifvou have anv Questions. yOU may can th Pennsvlvania Housinl! Finance Ag:encv toll free at 1-800-342-2397. (Persons with imuaire hearin!! can call (717) 780-1869). , This Notice contains important legal information. If you have any questions, i representatives at the Consumer Credit Counseling Agency may be able to help explain i You may also want to contact an attorney in your area. The local bar association may hi able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECU A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO EST AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMER' MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUA PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU BlPOTECA. E ~hi bH "e/' Page 1 of5 , "~ HOMEOWNER'S NAME(S): KIMBERLY A FOLTZ KENNETH L FOLTZ PROPERTY ADDRESS: 47 NORTH 8TH STREET LEMOYNE, P A 17043 LOAN ACCT. NO.: 49278S CURRENT LENDERlSERVICER: Pennsylvania Housing Finance Agency 2101 North Front Street P.O. Box 8028 Harrisburg. PA 17105 HOMEOWNER'S EMERGENCY MQRTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGmLE FOR FINANCIAL ASSISTANCE WmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGI ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND . IF YOU MEET OTHER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure or 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 MEETINC MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGf ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TInS NOTICI CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE ill TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenc~. listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of thi. meeting. The names. addresses and teleohone numbers of desilmllted consumer credit counseling agencies for the county iI which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-faC< meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in thi, Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are unable t<: resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergenc~ Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency AssistanC( Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. 0n1~ consumer credit counseling agencies have applications for the program and they will assist you in submitting a completf 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. Page 2 of 5 .,,~~~.=," . 1 ~ ," '. -~. ., ,:. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed 1: the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (6( days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursue against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvan: 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. (H you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brioe: it up to datet NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located < 47 NORTH 8TH STREET, LEMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months September 1999 thru the first March 2000 in the amount of $3,227.00 plus late charges and other charges that have accrued in the amount of $80.3 THE TOTAL AMOUNT DUE IS $2,899.29. HOW TO CURE THE DEFAULT --You may cure the defauJtwithin TIllR1Y (30) DAYS of the date of this notice B PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, wmCH IS $2,899.29 PLUS ANY MORTGAG PAYMENTS AND LATE CHARGES wmCH BECOME DUE DURING TIffi THIR1Y (30) DAY PERIOD. Paymen must be made either bv cash. cashier's check. certified check or money order made oavable and sent to: PENNSYL VANIA HOUSING FINANCE AGENCY 2101 N FRONT STREE P.O. BOX 8028 HARRISBURG. PA 17105 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIR1Y (30) DAYS of the date ofth Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e debt. This means that the entire outstandll balance of this debt will be considered due immediately and you may lose the chanCe fo pay the mortgage in month installments. If full payment of the total amount past due is not made within THIR1Y (30) DAYS, the lender also inten to instruct its attorneys to start legal action to foreclose uoon vour mortl!al!ed orooertv. \ Page 3 ofS '" . , -, ~ -~-^~ IF THE MOBTGAGE 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 lega proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up tc $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actuall, 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 vou cure the default within the THIRTY (30) DAY Deriod. vou wi! not be reauired to Dav attomev's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all othe sums due under the mortgage. -~ RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within th. TIllRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ril!ht to cure the default and Dreven the sale at any time UD to one hour before the Sheriffs Sale. You mav do so bv Davin!! the tota1 amount then Dast due. ylu anv late or other chanres then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv othe costs connected with the Sheriffs Sale as soecified in writin!! bv the lender and bv oerforminl! anv other reauirements unde the mort!!a!!e. Curing your default in the manner set forth in this notice will restore your mortgage to the sam position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale c the mortgaged property could be held would be approxiinately three months from the date of this Notice. A notice ofth actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default wi! increase the longer you wait. You may find out at any time exactly what the required payment or action will be b: contacting the lender. HOW TO CONTACT THE LENDER: PENNSYL VANIA HOUSING FINANCE AGENCY 2101 NORm FRONT STREET P.O. BOX 8028 HARRISBURG, PA 17105-8028 1-800-822-7375 717-780-3804 (fax) Contact Person: TOM GOUKER EFFECT OF SHERIFF'S SALE -- You should realize ~ a Sheriffs Sale will end your ownership of the mortgage property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove yo and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume th mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at th sale and that the other requirements of the mortgage are satisfied. (This does not apply if your mOrtg8ge was originate. under the HODleStart Program.) Page 4 of 5 2~,,,,,~," ~ _" '. ~ ,-, _r_, ,. YOU MAY ALSO HAVE THE RIGHT: . TO SELL TIffi PROPERTY TO OBTAIN MONEY TO PAY OFF TIffi MORTGAGE DEBT OR TO BORRO\\ 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 TIffi MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE TIffi DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL1 MORE lHAN THREE TIMES IN ANY CALENDAR YEAR.) . TQ ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR AN\ OTIffiR LAWSUIT INSTITUTED UNDER TIffi MORTGAGE DOCUMENTS, . TO ASSERT ANY OTIffiR 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 (SEE ATTACHED) P 970 614 735 TO: KENNETH L FOLTZ 47 NORTH 8TH STREET LEMOYNE, P A 17043 P 970 614 683 TO: KIMBERLY A FOLTZ 47 NORTH 8TH STREET LEMOYNE, P A 17043 SENDER: MG REfERENCE: 492785 SENDER: REfERENCE: MG 492785 PS FORM 3800 SEPTEMBER 1995 "'..go PS FORM 3800 SEPTEMBER 1995 -go CertifledFell CertllledFee RETlJRN RECEIPT SERVICE RestrlctedDollvety TotalPo8tageandFee8 US Postal Service RETURN RECEIPT SERVICE Retum Receipt Fee AelumRecelptFee ReetrlctedDaliV8ry TotaJPostsgeondFees US Postal Service ~."..__. Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail I 'No Insurance Coverage Provided , Do not use for Intemationel Mail Page ~OD .... .... .... "~>l' 1 = " ".,....,..., , Pennsylvania Housing Finance Agency Home Emergency Mortgage Assistance Program County Counseling Agency List March 2000 FOLTZ CUMBERLAND Adams County Housing Authority 139-143 Cartisle St. Gettysburg, P A 17325 (717) 334-1518 Financial Counseling Services of Fran 31 West 3rd Street yvaynesboro, PA 17268 (717) 762-3285 ':,'DI'".,~ CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of C 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 -\1< Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 YWCA of Cartisle 301 G Street Cartisle, PA 17013 (717) 243-3818 ,~ - v~. PENNSYLVANIA HOUSING FINANCE AGENCY Single Family Programs Division 2101 North Front Street P.O. Box 8028 Harrisburg, Pennsylvania 17105-8028 (717)780-3870 TDD For The Hearing Impaired Only -(717)780-1869 NOTICE Mrrch 21,2000 .~ KIMBERLY A FOLTZ KENNEIH L FOLTZ 47 NORTH 8TH STREET LEMJYNE PA 17043 RE: Account#: 492785 'ill: KIMBERLY A FOLTZ KENNEIH L FOLTZ 47 NORTH 8TH SIREEI' LEMJYNE PENNSYLVANIA 17043 FRCM: PENNSYLVANIA HOUSIN3 FINANCEl\GENCY The Federal Housing and Developrent Act of 1987 (as arrended) directs creditors to notify hareowners who are delinquent in their ItDrtgage obligation of the availability of hareownership counseling provided . by nonprofit organizations approved. by the Secreta:r:y of the Depart:.Irent of Housing and UrlJan Develq::rrent ("HOD") and experienced in the provision of harEownership counseling. Attached is a =ent list of HOD-approved. counseling agencies for Pennsylvania. Enclosure Housing Counseling List ". ~ .~ '" ."-- b.1E 2 OF 2 *Please be sure the agency of your choice se:rvices your COilllty. Urban League of Harrisburg, Irrc. 25 North Second Street Harrisburg, PA 17101 (717) 234-3253 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 ~'<~l , I, ,-,' Tabor Camunity Se:rvices 439 E. King Street Lancaster, PA 17602 (717) 397-5182 'F' "" .~~-~- . VERIFICATION Donald 1. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: J\hlRTtP.r 6. 200J Donald 1. Plunk Assistant Executive Director for Single Family Programs fE\N3YL\R\NJA HJ.l3]N; F1N'CE l'rnECY', ~ GNr RR F.IR3I' T..NKN mrICN"IL AIN< A"fll'TI'!'H"R TIUlIEE RR TIJE fE\N3YL\R\NJA HJ.l3]N; Fl!\i\N:E K:EN:Y - ~, --,.,----.---- c '," . , 1"- -~ SHERIFF'S RETURN - NOT FOUND .' CASE NO: 2000-07948 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS FOLTZ KIMBERLY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inqutry for the within named defendant, DEFENDANT TERRE/TENANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , TERRE/TENANT NO TERRE/TENANTS Shertff's Costs: Docketing Service Afftdavit Surcharge 6.00 .00 .00 10.00 .00 16.00 ~~? . Thomas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 11/16/2000 Sworn and subscribed to before me /4' day of ~ this :Y;' a~ . prot otary ( ~ -'."',*1 ., ., ~. -^ SHERIFF'S RETURN - REGULAR , CASE NO: 2000-07948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS FOLTZ KIMBERLY A ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FOLTZ KIMBERLY A F/K/A KIMBERLY MAXWELL the DEFENDANT , at 0017:36 HOURS, on the 15th day of November, 2000 at 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L. FOLTZ (HUSBAND) by handing to a true and attested copy of COMPLAINT & NOTICE MORT FORE/ NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.92 .00 10.00 .00 37.92 ~~e~~~~ R. Thomas Kline 11/16/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: me this !..,r day of J4~ 0l07ftJ A. D. ~(ln~.~ othonotary ^~ "~ t~ SHERIFF'S RETURN - REGULAR . CASE NO: 2000-07948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS FOLTZ KIMBERLY A ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FOLTZ KENNETH L the DEFENDANT , at 0017:36 HOURS, on the 15th day of November, 2000 at 47 NORTH 8TH STREET LEMOYNE, PA 17043 by handing to KENNETH L. FOLTZ a true and attested copy of COMPLAINT & NOTICE MORT FORE/ NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~~~. R. Thomas Kline 11/16/2000 PURCELL, KRUG Sworn and Subscribed to before By: ~- me this /va-r day of Af2.t.u ~ oUr.nJ A. D . ~a fJ1db ~ othonotary , "'~~, -,. First Union National Bank As Trustee For Pennsylvania Housing Finance Agency VS Kimberly A. Foltz :I1kIa Kimberly A. Maxwell and Kenneth 1. Foltz In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-7948 Civil R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library County Levy Postpone Sale Surcharge Certified mail Mileage Law Journal Patriot News Share of Bills Swom and subscribed to before me This 5~ day Ofq". . 2001, A.D.tJ..,.. J) !h,/" / I~ pfothonolary / '?>I 30.00 179.02 15.00 15.00 .50 1.00 15.00 20.00 30.00 4.14 9.92 284.00 262.95 25.09 $ 891.62 pd by atty. 05-30-01 ~~4r~~' R. Thomas Kline, Sheriff BY i~~ Deputy Sheriff l.S'l,) e.It. 3JSI'( i?u-. -"'- f I ~ '- FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 47 NORTH 8TH STREET, LEMOYNE, PA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s) : Kimberly Kimberly 47 North Lemoyne, A. Foltz a/k/a A. Maxwell 8th Street PA 17043 Kenneth L. Foltz a/k/a Kenneth L. Foltz, Jr. 47 North 8th Street Lemoyne, PA 17043 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Fry Communications 800 W. Church Road Mechanicsburg, PA 17055 Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia, PA 19103 Equity One Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 ;~.-<~ ~ > '- 'r I 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Equity One Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of in the property and UNKNOWN every other person who has any record whose interest may be affected by the 7. Name and address of plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY .., Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. #" ~. ~/~ '/ ~. ,/, ,~. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9, 2001 ~ ,-~ ,- q~ -,r ,., , FIRST UNION NATIONAL BANK AS TRUSTEE, FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 7948 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 2001 TIME: 10:00 O'clock A.M. LOCATION, Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 47 NORTH 8TH STREET LEMOYNE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the.within Commonwealth and County to: NO. 00 7948 CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L. FOLTZ a;k/a KENNETH L. FOLTZ, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sal e received and to be disbursed by the sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty. (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at ,the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT ~-AY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious def~nse against the person or company that has entered judgment agalnst you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. ~ .. ,"" ... . . -~- .. . - - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO.00-7948 CIVIOOI9 'IERM CIVIL ACTION - LAW TO THE SHERIFF OF Cunberland To satisfy the debt, interest and costs due COUNTY: First Union National Bank as Trustee For pennsylvFlnja Hnllsing Finr=mr.p. Agpnr.y from Kimberly A. Foltz flk/a Kimberly A. Maxwell FInn Kenneth L. Foltz 47 North 8th street, Lemovne Pa. 17043 PLAINTlFF(S) DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 47 North 8th street. Lemoyn". Pa. 17043 ,'r:' -j"" n ...1-, ;, .. . ';ol.. ,', li,"';r~.}~1! ,;- '!';-,::",. ,:.- (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession 01 'i " i~ ,,' .:' . " (:_,'1'," ".' -j;;..'; ;.".,', ',.; . i ~,'o.!iT9 \' , .' f'; ..:, ..)f',~' ,q' GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are 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 inthe possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ Interest at Interest Ally's Comm Ally Paid Plaintiff Paid 47,qnn q, $6.70 per diem 1,252.90 to sale date L.L. Due Prothy Other Costs SO.50 1.00 % Late charaes at $13.39 per month $ 141.92 to sale date Escrow Deficit S66.95 S 2.000.00 Date: March 11. 2001 Curtis R. Lona Prothonotary, Civil Division by: Wi!- O. 'fh.PO.../ RE:QUESTING PARTY: Deputy Name Leon P. Ha 11 E"r. ERe:!. Address: 1719 North Front Street Hnrri~hllrg. PA. 1710? Attorney fOr: Plaintiff Telephone: (71 7) 234 -4178 Supreme Court ID No. 15700 "lill\!;=." ;-<<~ ~'.-..",," I I~ il 'I , I ,I I III II 1,\ , i 'I II H iL '" ,. . ~ .,.,. . -.- -- "'. "~I.L ESTP:,L 'e' ,_~ No. 3(0 on m~ (s: ;;tJOJ the snentr levied upon the defenoi:l. hlbn. In the 1'881 property situated in to Mt5lfN t3tJrouJh 6umb8tfand County, Pa., known and numbered as: 111 N, 8'Vft Sf. ~ and more fully described on Exhibit "A" filed wit~ this writ and by tilts reference Incorporated herein. _:.ltlAAO~ Cf', :Jw:, 1 &I;:tt:t}i~ VINV,~'U.SNN3d ~-l c:: f"i J! ',Irk " - " <_, I' 'j lO. Wd ~o Z 51 BUH .4J.HI1(j )'h' ,dJ/'/tl:l 441l1iHli illll .40 JrJI,MO ~': c:;,,:,} t:.::ij;] c::::: G'c. [l1ii.l ,,-r;-,-." ,~. "_,0'"." ,_~ ,:'"N,;' ," _ '"1'.",_.' .,,~liJ.f1ri!:l].r-q'lrrm~lN1'l",,_"~, _,m~u~, ,~~ ",_",.v3~ilIlTI_l3f171~.Ml - iT ',-'" .-,:,'0' --"",~ , 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~~ 1I ALL THAT CERTAIN piece or parcel ofland situate in the Borough ofLemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows:' BEGINNING AT A POINT on theeastem side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or laic of Frances L Coulson 220 feet to a point on the western line of Hill Alley; \hence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of RB. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. BEING KNOWN AS 47North Eighth Street, Lemoyne, PA. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly known as Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127 Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz. TO BE SOLD AS THE PROPERTY OF KENNETH L. FOLTZ A/K/A KENNETH L. FOLTZ, JR. AND KIMBERLY A. FOLTZ ON JUDGMENT NO. 00 7948. PARCEL: 12-21-0267-242 _. FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ F/K/A KIMBERLY A. MAXWELL AND KENNETH L.FOLTZ, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-7948 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please vacate the judgment entered against the Defendants in the above captioned case. DATE: Julv 17. 2001 ~r,o~ " -" PURCELL, KRUG & HALLER By: " Leon P. Haller ID #15700 Attorney for P aintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178