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Home My WebLink About99-01802 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E, Mell1.er Identilication No,: 39828 1600 Locust St., Suile 200 Philadelphia, PA 19103 (215) 545-3300 EQUITY ONE. INCORPORATED 523 Fellowship Road, Suite 220 Mt, Laurel, NJ 08054 TIllS IS NOT AN ARIlITRA TION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Anomcys for Plninlin' CUMIlERLAND COUNTY COURT OF COMMON PLEAS NO,: 99-1802 Civil Plaintiff, v, KENNETH L. FOLTZ, JR. KIMBERLY A. FOLTZ 47 N, Eighth Street Lemoyne, PA 17043 Defendants. Praecioe for Judl!ment To the Prothonotary: Enter judgment in the sum of$28.607.59 in favor of the plaintiff EQUITY ONE, INC, and against KENNETH L. FOLTZ, JR. AND KIMBERLY A, FOLTZ because of defendants' failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount elaimed in Complaint: Per diem interest from 2/24/99 to and including 6/1/99: Per diem interest from 617199 at $6.98 per day: $27,909,59 $ 698.00 $ REAL DEBT $28,607.59 ASSESSMENT OF DAMAGES ~ a AND NOW, this~ day of u.v-' , 1999, damagcs are assessed as above. CWJ"'; ;?.i?n'j h... '. Prothonotary , {/ ~ 0.: 0. '1 ~ g ~ ..... -3' f: cr; -, - 1-- IJ./f:] f:!t ""5 (.)"". r)$; rn..' ,~ o~ ,l.{;_ Q: / '-;)c;- ':);;. ~'":.N at.: <:::> .':'",- Ul!J.. '5f9 G...\:: - .c'-' ,,-,; ;:s <'''if -, f.'fl " lJ.. C1'I :s 0 C1'I (.) LAW OFFICJo:S 010' PJo:n:R 10:. MJo:L TZJo:R AND ASSOCIATES, P.C. By: Peter E, Meltzcr Identilication No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 . I I I ! i I , I I f TillS IS NOT AN ARIlITRATION CASE, ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff EQUITY ONE, INCORPORATED 523 Fellowship Road, Suite 220 Mt. Laurel, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO,: 99-1802 Civil Plaintiff. v, KENNETH L. FOLTZ, JR, 47 N. Eighth Street Lemoyne, PA 17043 L f ! r J KIMBERLY A, FOLTZ 47 N. Eighth Street Lemoyne, P A 17043 Defendants, CERTIFICATION OF AS TO COMPLIANCE WITH PA. R. CIV. P.237.1 I hereby certifY that I am the attorney for the plaintiff in this action and further certifY that on May 14, 1999, I caused the 10-day notice required by Pa. R,Civ,P. 237.1 to be sent to the defendant at the above address after defendants' failure to plead to the Complaint in the above matter which was served upon them on April 16, 1999, and I hereby further certifY that defendant failed to answer the Complaint or otherwise respond to the Complaint or the 1 O-day notice in any way. A copy of the Proof of Mailing of the 10-day Notices are attached hereto as Exhibit "A", Dated: June 7, 1999 ;:'1 Peter E, Meltzer, Esquire I Attorney for Plaintiff :>- C") ~ ~ - .. :~ r, S! VI:... .~.)~ ()< f...?:;._ :j:~.:' _. -- ( ".:"> 0.. .~ t;)J-.: J .);j L.'Ji:' 0 ;'2'0 lJjl... -.J... i.i.: !! ~ -. u.:~ ;=: ::s .-: 'Lij -, ~i ! r.L." ". '. 0 a> ::i 0> () LAW oma:s or PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E, Me1tzer Identification No.: 39828 1600 LocIIJ1 St., Suite 200 Phihlllclphia, PA 19103 (215) 545.3300 nus IS NOT AN ARBITRA nON CASE, ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED, Attol'llC)'l for plaintiff EQUITY ONE, INCORPORATED 523 Fellowship Road, Suile 220 ML Laurel, NI 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 99.1802 Plaln~ v. KENNETH L. FOLTZ, JR. KIMBERLY A. FOLTZ 47 N. Eighth Street Lemo)'l1ll, PA 17043 Defendants, AFFIDAVIT OF NON.MILI!ARY SERVICE STATE OF NEW JERSEY : 55 COUNTYOF Burlington:, The undersianed, beinll duly sworn according to law. deposes and says that this affidavit is made on behalf of the above plaintiff. beina authorized to do so, and it is avemd that: Kenneth L. Folta; Jr. and Kimberly Fo!tz aze both over 21 years of 1I8C, both reside at 47 N. Eighth Stteet, I.emoyne, PA 17043, are employed at lmlmnwn as an unknown. Deponent further aver.; that, upon infonnation and belief, the above individuals arc not within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, togetherwitb am~lS thereto, If!.a::~:!/!!..~~!., . DENISE M. HALEY NC":"ARY P~;,~IC c,. , ".\~ Jr.~~ ;;'~1 Commission E'p;res .;1;.3;99 ~ ~ t "'... ~-4 ~. Jj ~ ~ S "l 5 ~ ~ p '" \). g \ ' '" '~ ~ ., u- '1'\ ~ .... ~ '1i -.; ..:. '" "' ~ .. i . " . . ~ :>.. i;: 0; <~ "" ,- -- h./Q fS! :50::"- c..J{~ {,-).:..,'? .... (.)~. ,fl."r: 0.: t'ir::-" ')~ I c.: C '>;;! (:)(1 ''1'" I..UL - cr;tl - (J.: ;;: ",. Ul(Q r.!.: -) ,,go.: -, It. ~ 0 0'\ .::; 0' U , . .'>.. C\J !"!: '"- ,:. <-: E; LJ.Jr:-'J ,\j Hl;q (" ,); ~ - i"~ ( -, ;Jr- .!...-- Ii: c)r:_ . ,co., 2,;,. <::> ,.' >= L.:"'/~ - ".'J') -..1 ~l~ Q-.I.,. =>: ,c.~ii5 ~- ~ ". -, q;)cJ.. 0 ~ ::s c.) I.'., ~ , . LAW OFt'ICF.S OF PETER E. MEtTZER AND ASSOCIATES, P.C. By: Peter E. Melt7.er Identification No.: 39828 1600 Locust SI.. Suite 200 Philadelphio.I'A 19103 (215) 545.3300 EQUITY ONE.INCORPORA TED 523 Fellowship Rood. Suite 220 Mt. Laurel. NJ 08054 TIllS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. ! I, I I I AlIomcys for Plointiff CUMBERLAND COUNTY COURT OF COMMON PLEAS , i , Plaintiff. NO.: 99.1802 Civil v. KENNETH L. FOLTZ. JR. KIMBERLY A. FaL TZ 47 N. Eighth Street Lemoyne.PA 17043 Defendants. AFFIDAVIT OF SERVICE PURSUANT TO PA. R. CIV. P. 3129.1 I hereby certi/)' that I am the aUomey for the plaintiff in this action and further certify that I have sent copies of the Notice of the September]. ] 999 Sheriff's Sale to the defendant(s) by certified mail and to all lien holders. judgment creditors and other interested parties listed below as required by l'a.R.Civ.P. 3 ]29.1 by certified mail or by first class U.S. mail. proof of mailing. on the dates set forth on Exhibit "A" auached hereto. Name Kenneth L. Foltz. Jr Kimberly A. Foltz Address 47 N. Eighth Street Lemoyne.PA 17043 Fry Communications 800 West Church Road Mechanicsburg, P A 17055 Pennsylvania Housing Finance Agency 210 I North Front Street P.O. Box 15530 Harrisburg, PAl 71 05-5530 Dated: July 28, 1999 I I I I I I I I I I I I I -- 0 . t L'~ e,": , I . ::-:=i ..- ,,' , , ,./ (.: < -' .'. 0... I ....J (~.-)IC .' ,,., ;0 :::..~ i. I .' , , W.. 0 :.< " ~ L:'~ 0 , , I . .~ , ...::. l.~_ IT' .. j Cl (I' ~J .. LAW OFFICES OF PETER E. ME!. TZER AND ASSOCIATES, P.C. By: Peter E. Mell1.er Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545.3300 TIllS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. AUomeys for Plaintiff EQUITY ONE, INCORPORATED 523 Fellowship Road. Suite 220 Mt. Laurel, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS 'I 9, I J'o..z., G;;Jr:L- NO.: Plaintiff, v. KENNETH L. FOLTZ, JR. 47 N. Eighth Street Lcmoyne, PA 17043 KIMBERLY A. FOLTZ 47 N. Eighth Street Lcmoyne, PA 17043 Defendants. COMPLAINT AND NOW, comes the plaintiff, Equity One, Incorporated, by and through its attomeys, Law Offices of Peter E. Meltzer and Associates, P.C.. and files this Complaint pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES I. Plaintiff Equity One, Incorporated is a Pennsylvania corporation with an address at 523 Fellowship Road, Suite 220, M\. Laurel, NJ 08054. 2. Defendant Kenneth L. Foltz, Jr. is a married adult male individual with an address at 47 N. Eighth S\., Lemoyne, PA 17043. 3. Defendant Kimberly A. Foltz is a married adult female individual with an address at 47 N. Eighth S\., Lemoyne, PA 17043. VENUE 4. Venue is proper in Cumberland County under Pa.R.Civ.P. 1006 in that Cumberland County is the county where the cause of action arose and the county where the transaction or occunrcncc took place out of which the cause of aclion arose and thc county where the rea] property which secures the loan made by Plaintiff to Defendants is located. FACTS 5. On or about December 23. 1996, Plaintiff loaned Defendants the principal sum of $27,000.00 with interest in accordancc with the terms and conditions of a certain Note dated December 23, 1996 executed by Defendants in favor of Plaintiff (the "Note"). 6. A true and correct copy of the Note is allached hereto and marked Exhibit "A". 7. The Note is secured by a December 23, 1996 Mortgage executed by Defendants in favor of Plaintiff (the "Mortgage") granting Plaintiff a lien on real estate located at 47 N. 8th Street, Lemoyne. P A 17043. The Mortgage was recorded with the Cumberland County Recorder of Deeds on December 26, 1996 at Mortgage Book 1358, page ]81 et seq. 8. A true and correct copy of the Mortgage, together with the allached legal description is allached hereto and marked Exhibit "B". 9. The Property consists ofa single-family residential dwelling. 10. Defendants are t~e real owners of the property covered by the Mortgage. 10. Plaintiff is the holder of the Note, and there has been no assignment of the Note. J J. As a result of Defendant's failure to make payments due under the Note in September, ] 998 and thereafter. the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiff's costs as authorized in the Note are 2 immediately duc and payablc, comprised as follows: Principal Balancc Due: Intcrest Due as of February 24. 1999: $25,508.30 $ ] ,026.29 Security Satisfaction Fec: $ 25.00 Allomey's Fees; $ 1,350.00 $27,909.59 Total Sum Due Interest accrues on the Note from February 24, 1999, at the per diem rate of$6.98. 12. Plaintiff has complied with Act 6, the Act of January 30, ]974, P.L. 13, No.6, 41 P.S. ~403 ~ sg.. and with the Homeowner's Emergency Assistance Act, Act of December 23, 1983. P.L. 395. No. 91, 35 P.S. ~1680.401(c) et~, by sending the appropriate notices to Defendants. Copies of all such notices are attached hereto as Exhibits "C" and "0" respectively. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $27.909.59 together with interest from and after February 24, ] 999 at the rate of$6.98 per diem, to the date of judgment, together with interest at the rate set forth in the Note from the date of judgment, costs of suit, a reasonable allomey's fee, and other damages and relief as the court may deem just and appropriate. Respectfully submilled, LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.c. Dated: .~ lid 'II By: 3 r t f I I i I , , ! I I I I I NOTE I .......~!t SECONDARY MORTGAGE LOAN r 'J1IlI AlP'\lIIIIIDtll Subject To Th. ProYblona or Th. 5<<ondary Mort.... Lou Act, DECEMBER 23, 1996 (0.11. Ie.,. PENllSYINANIA '-I 47 NORm FRONT STREET LEMOYNE, PENN~YLVANIA 17043 cPrvpclt)' Add,...) I. aORROWER'SPROMISETOPAY In ",turn rot . lOin WI I have received. I promise 10 PlY U.S. S 27 # 000.00 (lblt &l00UQI 'Will be Q}led .princlpal.), plus lnlemc. 10 the order ortbc Ltnder. The terMier II EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION I undenllnd !hI! tho Lender may Irander this NOfe. The Lender or aayone who laka this NOle by ltanI(er and ..be iI eDtllJod 10 receive paymenlt UDder &hIs Note will be called the -Nolo Holder.. 2. INTEREST I will pay lnteral II I yearly rale or 9.99 ". Jnle~t WIU bt chuled on unpaid pnnclpal untlllhe fullllmount of prinCipal has been pa.ld. 3. PAYMEHJ'S I will p.y priDclpalllld In,era, by maltlnl paymenlJ eJCh menlb oru.s. S 289.98 I will mIk, my paymenlJ on Ib, 30m d.y oreJCh menlb bellMlnI on JANUARY 30, 1997 .1 will make these payments every month until I have paid all or tbe principal and I.ntemt and any other charles, described below, thai I may owe under this NOle. If. on DECEMBER 30, 2011 . I SIIII owe amounts under this Note. I will pi)' all those amounts, in full, on that dale. IWlllmlk,mymenlblypaymenll1l 523 FELLOWSHIP ROAD. #220, MT. LAUREL, NJ 08054 or at a differenl place if required by the NOI" Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cbarae ror Overdue Payments Ir the Note Holder has not received the full amount oC any oC my monlhly payments by the end DC after the dale Ills due, I will pay alate charge 10 the NOle Holder. The amount of the charge will be overdue paymenl, bUI nOlless than U.S. S 5.00 and nol more than U.S. S tbls laic charge only once on any late payment. (B) Derault Ir I do not pay the full amount of each monthly payment by the date Slaled in Section 3 above, I will be in default. Even IC, at a time wben I am in deCault, the NOle Holder does nOl require me to pay imrI1((JiateJy in Cull as described below, the Note Holder will slill have the right 10 do so if I am in defaull at a later time. (C) Notice From Note Holder Ir I am in deCaull, the NOle Holder may send me a wriuen nOlice lelllng me that iC I do not pay the overdue amount by a certain dale the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all lhe Intemt that I owe on that amounl. That date mwt be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days aCter the date on which it is delivered to me (0) Payment or Note Holder's Costs and Expenses If the NOle Holder has required me 10 pay immedialely In full as described above, the Note Holder wUl have the right to be paid back for hs costs and expenses 10 the eXlent not prohibiled by applicable law. Those expenses include, for example, reasonable anomeys' fees. calendar day. " or my . I will pi)' S. TInS NOTE SECURED BY A MORTGAGE In addition 10 the prot~tions given to Ihe NOle Holder under this Note, a Mortgage, daIed DECEMBER 23, 1996 , prolects the NOle Holder from possible losses which might result if I do not keep the promises which I make In this NOle. That Mortgage describes how and under what conditions J may be required to make lmmcdiate payment in full of all amounts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE TIlEY ARE DUE I have the right 10 make payments of principal at any lime before they are due. A payment of principal only is known u a .prepayment.. When I make a prepaymenl, I will tell the Nole Holder In a lelter that I am doing so. A prepayment of all of the unpaid principal is known as a .full prepayment.. A prepaymenl of only pan of the unpaid principal is known u a .partial prepayment. . . I may make a full prepayment or a panlal prepayment without paying any pen.alty. The Note Holder will use all of my prepaymenls to reduce the amount of principal that I owe under this NOle. If I make a panlal prepayment, there will be no delays in the due dales or changes in the amounts of my monthly payments unleu the Note Holder agrees in writing to those delays or changes. I may make a full ptCpayment at any time. If I choose to make a partial prepayment, the Note Holder may require me 10 make the prepayment on the same day that one of my monthly payments is due. The Note Holder may al50 require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my ncxt one or more monthly payments. PENNSYLVANIA SECOND MORTGAGE 1.80 FNMAlFHLMC Modificd INSTRUMENT PI,clor2 Form 3939 Rev. 10-11 (I~)IC.20247.11 7, BORROWER'S WAIVEltS J waive my "lh1l10 rtqUlrt the Note Holder to do uruin liliA", ThoM thin,. ....: (A) 1<1 demand pl)'mcnt Or ImOUDII due (l<nown u 'P",IC11'I1I<llI'): (9) 10 live no.1u that IIIlOUnll due 11m not been pald (known u 'noclu or dbllonor'): (ClIO obllln an oNlclal "nlnelllon or nonpl)'menI (known U I .protell-). AnyODl el.. wbo .,rea to tecp the promlaa made 1D Ihl. NOIe. or who 'Jrea to make pI)'mentI to me NOIe Holder If I (ail to kcrp my promlla u.ndu lhll NIXe, or wbo alpslhlJ NOle fa IrWret 1110 IOmeone else allo waiVeI these rlahtl. Thcle' penoflJ are known U -&\IlnlUon, lureda and CDlSorlCl'l.. -' I. CIVINC OF NOTICES Any DOlice that must be liven 10 me under this NOle will be liven by del1verina it or by mallift.11 by certincd man Iddreued to me II the Property Addra. above. A notice will be deUvcRd or mailed 10 me II . dir(erenllddreu If I Jive &be NOle Holder I notice of my dirfermllddreu. Any notice thai mUlt be liven 10 the NOfe Holder under Ihl. NOle will be ci\'en by rrlIlllnl It by (enlnee! mail Co the NOlr Holder allhe address ltated In Section 3 above, ^ nolicc will be wiled 10 che NOle Holder III difCcmll addreu 1( I am liven I nollce of that differenl addren. 9. RESPONS18ILITY OF PERSONS UNDER nus NOTE If more man one person signs mls Note, each of us Is full)' and personall)' obli,lIed 10 pi)' me full amounl owed and Co keep all of the promises made in mls Note. An)' luarutor, surery, or endorser or chis Nole (u described in SeclloD 7 above) is also obllllled 10 do these miniS. The NOle Holder may enforce lis nihil under this NOle aaainJl each ofus 1D4ividuall)' or I,ainst all of us lo,emer. This means mil anyone or us may be required 10 PlY all of the amounts owed under Ibis NOle. Any person who lues over my rilhu or oblilllions under Ihls Note will hive all of my ri&hts and musl keep aU or my promises made In Ihls NOle. Any person who takes over the riahll or obll,llions of I 1lW'Ift1C.. . surety, or endorser or Ibis Note (u described In Seclion 7 above) is a!so oblJaared 10 keep lllJ of 1hc pfomi~, mldc in thi, NOle. ~~G~ ~1 C\ ~~ itA. FOr <SaIl Borrower <Sa!) Bono,", (Sa!) ......., <Sa!) ......., PENNSYLVANIA SECOND MORTOAOE 1.80 FNMAlFHLMC Modified INSTRUMENT Pllelofl Fonn393!ilRev.lo..88 (10-6-94) JC.l0247.12 'apply the fundi 10 ply IIId IU.., wcumcnta, insurance prcmlumI and ,round renll. Lender may not clw&. for 10 boldiu& and applyl., lilt FundI. anaIy.I., Rid aceou.. or 'erltyln, and compllln, uJd "-_OJ and bll~, IIIlIcu Leader paya Borrower Inleral on the Fundi and applicable Ilw pcrmlu Lmder to make luch a diu,.. Borrower and l.cDder IDly ....lD wrllln, .. the time of uccullon of mil Mon,l,e thai Inleml on the Fundi IhaJI be pald 10 .8oITOWCf. &rid YDleu JUCb a,reemenl II made or Ipplicable JI... requlrel Iudllnlercsc 10 be pald. Lender ahaJl noc be requlnd 10 pay Borrower IDJ' Interell or eamlnp on the Funcb. Lender shall ,Ive 10 BolTOwer, without dw,e, an annualaccoUftlin, of lhe P\lftda 1bowiD& credit. and dcbil. 10 the Fundi and me PUrpolC for which each debit to the Funda WD made. The Fundi III plCld,ed .. additional securhy for Ihe IUms secured by this Mon,.,e. I( !he amount of the Fundi held by Lender, lo,ether with the MUle monthly lnstallmenu of Funds payable prior 10 the due datil oC IUCI, ulCumenll, Insurance premJuma and ,round renll, lball ClCeed the amount required to pay Wd IDea, UlCumenll, lruurance premiuma and around renll u they Call due, such Clcell Iball be, It Borrower', opllon, ellber promptly repaid 10 Dorrower or crediled to Dorrower on monthly Inslallmenu of Fundi. I( the amount oC lbe Funch held b)' Lender shall nol be .u(ficiellllo pay tues, assessmenll, insurance premiums and ,round renl. U they Call due, Bonower thall PlY to Lender any amounl neceuuy 10 make up Ihe deficiency In one or more paymenll U Lender may require. Upon plymenl In Cull of all IUms secured by this Mon,l,e, Lender Ihall promplly refund Co Borrower any Funds beld by Lender. If under pan,raph 17 hereoC Ihe Propeny Is sold or the Propen)' Is otherwise Kquind by Lender, Leader ahaJl apply, no Iller Ihan Immedialely prior 10 the sale or the Propeny or lis acquisition by Lender, any Fundi held by Lender II the lime or Ippllcadon U a credlll&alnsl the sums secured by this Mon,.ae. 3. AppllCliUon or PaymentJ. Unless applicable I.w provides otherwise, all p.yments received by Leader upder the NOle and paragraphs I and 2 hereoC shall be applied by Lender firslln paymenl oC ImOUnIl payable 10 Lender by Borrower under parlgraph 2 hereof, then to 'nlerest payable on Ihe NOle, and Ihen to tbe principal oCthe Note. 4. PrIor Mon.alcs and Dttds oC Trust; Chara;cs; Lien!. Borrower shall perform all oC Borrower', obli&lIions under any monaage, deed oC lrust or other securilY agreemenl wilh I lien which has prioriI)' over this Mon&I,e. includl1ll Borrower's covenanlS 10 make payments when due. Borrower shall payor cause 10 be paid all Wles, assessments and other charges, fines and imposlllons IlIribulable 10 Ihe Propeny which may auain a priorllY over this Mong.ge, and leasehold paymenls or ground rents, If any. 5. Hazard Insurance. Borrower shall keep Ihe improvemenls now exisllng or hereafter ereaed on the PropeR)' Insured againsl loss by fire, hazards included within Ihe lenn -extended coverage. - and such other haurds as Lender may require and In such amounts and for such periods as Lender may require. The Insurance carrier providing the Insurance shall be chosen by Borrower subject 10 approval by Lender; provided, ttw such approval shall nOl be unreasonably wilhheld. All insurance policies and renewals thereof shall be in I Corm acceplable to Lender and shall Include a nandard mongage clause in Cavor oC and In a fonn acceplable 10 Lender. Lender Ihall have the righl to hold the policies and renewals thereof, subjcet lO the terms of any mangage. deed of lrust or other securil)' agreement with a lien which has priorily over this Mongage. In Ihe evenl oC loss, Borrower shall give prompl notice to Ihe insurance carrier and Lender. Lender may make prooC of loss If nOI made promplly by Borrower. If the Propeny is abandoned by Borrower, or IC Borrower Cailslo respond 10 Lender within 30 days (rom the date notice is mailed by Lender to Borrower that the Insurance carrier ofCers to sellle a claim Cor insurance benenlS, Lender Is authorized 10 collect and apply the Insurance proceeds at Lender's option either 10 restoration or repair of the Propcrt)' or 10 the sums secured by Ihis Mongage. 6. Preservation and Maintenance or PropenYi Leaseholds; Condomlnlumsj Planned Unit DenJopmenls. Borrower shall keep the Propeny in good repair and shall not commit waste or permit Impl1nnenl or deterioration of the Propeny and shall comply with the provisions o( any lease If Ihis Mongage is on a leasehold. IC this Monilge Is on a unit in a condominium or a planned unit developmenl, Borrower shall perform all of Borrower's obligations under the declaration or co'VenanlS creallng or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unic development. and consliluenc documents. 7. Protection or Lender's Securlly, If Lorrower fails 10 perfonn the covenants and agreements conlalned in this Monaage, or iC any acllon or proceeding is commenced which rnalerially aCfects Lender's lnlerest in the Propeny, then Lender, al Lender's oplion, upon notice 10 Borrower, may make such appearances, disburse such sums, Includlna reasonable anomeys' Cees, and lake such aCllon as is neceesary 10 prolect Lender's Interest. If Lender requires monaage insurance as a condilion oC mak:ing the loan secured by this Mongage. Borrower shall pay the premiums required to maintain such insurance in effect unlil such lime 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 pursuant 10 this paragraph 7, with interest thereon, at the NOle rale, shall become additional indebtedness of Borrower secured by Ihls MOMgage. Unless Borrower and Lender agree to other lerms of payment, such amounts shall be payable upon notice from Lender to Borrower requesling payment thereof. Nothing contained in this paragraph 7 shall require Lender 10 incur any ex~nse or lake lUly action hereunder. 8. IlL!pedlon. Lender may make or cawe 10 be made reasonable entri., upon and inspections o( the Propeny, provided thai Lender shall give Borrower nOlice prior 10 any such Inspeclion specifying reasonable cause therefor related 10 Lender's Interest in the Properly. 9. Condemnation. The proceeds of any award or claim (or damages, direcl or consequential, in connection with any condemnallon or other laking of the Propeny, or part Ihereof, or Cor conveyance In lieu of condemnallon, are hereby assigned and shall be paid 10 Lender, subject 10 the lerms of any mongage, deed of lrust or other security agreement with a lien which has priorilY over this Mongage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. EXlension of the lime (or payment or modificalion of amonization of the sums secured by this Mongage granled by Lender to any successor in inleresl of Borrower shall not operale 10 release, In any manner, the Iiabilily of the original Borrower and Borrower's successors in interest. Lender shall not be required 10 commence proceedings against such successor or refuse to eXlend time Cor paymenl or olherwise modify amonlzallon of Ihe sums secured by Ibis Mongage by reason of any demand made by the original Borrower and Borrower's successors In Inlerest. Any forbearance by Lender in exercising any righl or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver o( or preclude Ihe exercise of any such right or remedy. PENNSYLVANIA SECOND MORTGAGE 1.80 FNMAlfHLMC MODIFIED INSTRUMENT Pllt20r4 ........."...n J~~ Fonn3839 (l0-6-94)JC-20248.12 J J. Sun-cuon and Au111U ISound; Jolnl .nd Stunl LI.blllly! Co-sl,nen, 11Ie COVerwul and IlretmtAll berem conlained ahaJl bind, and Ihe rl&hla hemndcr Ihalllnurc 10, Ihe reapecl!vc luccelaors and 1h1&nJ of LeDdet lOcI Borrower, .ubJccl 10 the provlslona of partlr.ph 16 hereof. All cOYel\anU and ',rcemenll of Borrower abaJl be 101m and Wt'CfII. My Borrower who co-.I,na Ihls Mort..,e, bul doa not e"ttule Ib, NOle, (.) II co.all"ln. thia Mon.... only 10 mort..... &I'IAI and convey Ibll Borrower'. Inlerellln Ihe Propeny 10 Lender under the lemu of tbll Mort,I", (b) Is not penoaally liabl. OD the NOIe or under Ihl. Mort..,., and (c) 'Irec. lb'ILender and any other Borrower hereunder ma)' ',reo 10 utend. modify. forbear, or make an)' other accommodlllona with re,ard 10 Ihe lemu of thl. Mort,I,e or the NOle wlllloul thai Borrower'. consenl and wllhoul releulnllhlt Borrower or modlfyln'lhla Mort,l,e II 10 that Rorrower'llnleralln tIIc Property. 12. N"Ilc'e. Excepl for an)' nOllce required under applicable law 10 be ,IYen In another manner. (I) Ill)' DOlice 10 Borrower provided ror In Ihl. Mon,.,e Ihall be ,Iven by dellverinlll or by nuilln,luch nollce by cenined mall I4dm.Jed to Borrower II Ihe Propeny Addreu or al luch olher addreu IS Borrower may dulgnale by nOlice 10 under u provided berem. and (b) an)' notice 10 Lender Ihl.lI be Jlven by cenlfled mall 10 lender'. addreu II.lled herein or 10' luch other Idd.teu u Lender mI)' dell,nale by nolice 10 Dorrower II provided herein. Any nolice provided for In Ihia Mortl'le shaJl be deemed 10 hne been ,Iven 10 Borrower or Lender when liven In the m&nner desilnaled herein, 13. GovernlnJ lAw; Sennblill)', The Ilale and local lawI appllccble 10 this Mon.lle shall be lb. law. of &he JuriJdicllon In wblch the Propeny II locared. The fore&olnl senlence shall noelimlt Ihe Ippllcabillty ot Federalllw 10 Ihll Mon,lle. In the evcnl thai illY provision or clau.. or Ihls Monglle or the Nole connlcls with .ppllclble law. IUcb contllct shan DOC aI(tct other provisions of this Monllle or the NOle whleh can be liven erfece withoul the conOiC'lln, provlaloa. and 10 Ibis end the provisions of this Monllle and Ihe Nole arc declared 10 be levcrable. AI uled he~ln. -casu, - -upenaes- and "1lIomeys' fees- JntJude aU IUnu 10 the eJUen' not prohibited by Ipp/iclble law or limiled herein, 14, Borrower', Cop)'. Borrower Ihall be (urnlshed a conformed copy or lhe Note and of this Monll,e lithe lime of execution or after recon1allon bereof. IS. Rehabilitation Loan Alretment. Borrower shall fulfin all or Borrower's obllsaeloRJ under any bome rehabllltllion, improvemenl, repair, or other loan agreement which Borrower enlers Inlo with Lender. Lender. II Leadu', oplion, may require Borrower to CAmJee and deliver to Lender,ln a form acceplable 10 Lender, an uslpment af III)' ripll. claims or defenses which Borrower may have against pallies who supply labor, malerlala or ICrvlces 10 connec:tlon whh improvemenu made to the Propeny, 16. Transferor Ihe Propert)' ora Benenclallnlenst In Borrower. If all or any pall or the Propcny or lilY !nleralio it is wid or transferred (or If a beneficial Interest in Borrower Is sold or transferred and Borrower Is not. rwunl penon) without Lender's prior wrlUen consenl, Lender may. al i1s option, require Immediate paymenlln full of all lums ICCUmf by this ManglCe. However, Ihis oplion shall not be exercised by Lender if exercise Is prohibited by federal law u of the date or this Mongase. If Lender exercisCllhis oplion, Lender shall give Borrower nOlice or acceleration, The nOllce shall provide. period o( nOlless than 30 day. rrom the date the notice is delivered or malled within which Borrower mUll pay all.ulIlI secured by thil Mortgage. It Borrower falls to pay Ihese sums prior to Ihe expil'3lion or Ihis period, Lender may Invoke Illy remedlca permitted by this Mongage withoul runher nolice or dem:md on Borrower, NON-UNIFORM COVENANTS. Borrower and Lender (urlher covenanl and agree as follows: 17. AcceleraUon; Remedies. Upon Borrower's breach or any covenant or agreement or Borrower In this Mortgage. Including Ihe covenants to pay when due any sums secured by Ihls Mortgage, Lender prior 10 acctluallon shall give notice to Borrower us provided by applicable law speclrylng. omong other things: (1) Ibe braeb; (2) Ihe adlon required 10 cure such breach; (3) a dale. not less than 30 days from Ihe date the notice Is mailed 10 Borrower, b)' which such breach must be cured; and (4) thai rallure 10 cure such breaeh on or berore Ihe date spec:tned In the nollce may result In acceleration or Ihe sums Iccured by IhlJ Mortgage, ror<<losure by Juditlal proceeding, and sale or Ibe Property. The noUce shall further inronn Borrower of the rlghllo relnstale after aecelerallon and the right 10 auulln the. roreclosure proceeding Ihe nonexlJlence or a derault or any other defelUe or Borrower 10 ac:c:eleraUon and foreclosure. U the breach Is nol cured on or before the dale specified In the notice, Lender, al Lender', opUon, may declare all or Ihe sums secured by thlJ Mortgage 10 be ImmedIately due and payable wlthoul further demand and may roreclose Ihls Mortgage by Judicial proceeding. Lender shall be entitled to coiled III such proceedln& an txpelUes or foreclosure, Including. bul nolUmited to, reasonable aUomeys' fees, and cosli or documenlary evidence, abstrac1s and t1Uereports. 18. Borrower's Right to Relnstale. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the righl to have any proceedings begun by Lender 10 enforce this Mongage discontinued at any lime prior 10 at least one hour before the commencemenl of bidding at a shenfrs sale or other lIIe pursuant 10 this Mong<1ge if: (a) Borrower pays Lender all sums which 'Would be Ihen duo: under this Mortgage and the NOle had no acceleration occurred; (b) Borrower cures ali breaches of any other covenants or agreemems of Borrower conlalned in Ihis Mongage; (c) Borrower pays all reasonable expenses ineurred by Lender in enforcing Ihe covenanlS and agrecmenll of Borrower contained in this Mongage and in enforcing Lender's remedies as provided in paragraph 17 herear, including. but nOllimlled 10, reasonable <1110rneys' fees; and (d) Borrower lakes such action as Lender may reasonably require to assure thai Ihe lien of this Mortgage, Lender's interest In the Property and Borrower's obllg<1tlon 10 pay the sums secured by this Mortgage shall continue unimpaired, Upon sueh paymenl and cure by Borrower, this Mongage and the obligations secured hereby shall remain in full force and effecl as if no acceleration had occurred. 19. Assignment or Rentsj Appointment of Receiver; Lender In Possession. As additional sec:unl)' hereunder, Borrower hereby assigns to Lender the rents or the Propeny, provided thai Borrower shall, prior 10 acceleralion under paragraph 17 hereof or <1bandonment of Ihe Property. have the right to collect and retain such rems as Ihey become due and payable. Upon acceleration under paragraph 17 hereof or <1bandonmem of the Property, Lender, in person, by agent or by judlci<1l1y appoinled receiver shnll be enlitled to enter upon, take possession of and manage the Propeny and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first PENNSYLVANIA SECOND MORTGAGE 1.80 FNMAlFHLMC MODIFIED INSTRUMENT p~&C J or 4 Bood358 PAGE 183 Fonn31139 (I0-6.94JJC.2024S-1J -------~ ALL TKAT CI.TA1~ pl,c, or parc'l ot land .lcuace 1n 'he aorough 01 LeMDyna, Cowncy of eu.berl.nd, Co~nw,.lth 01 '.nn'Ylvan1a, ~re partlcularly bound.d .nd 4e'crl~ .. foUovl' asg~I"Q AT A fOJ"f Oft the e.. cern lide 01 11,hch 'trllt. Del, A~enve, at . d1.~o. 01 JtS I',e, ....YX.G 1n a northerly direCtion fro. c~, Cant.rl1na of Harker 'eze'tl th,nc. !n an ...t.rly dlr.c~1o" .~ ~ighc Ingl.. to lighth 'tr..t alon8 land. now or let. ot r,anc.. ~. Coul.on 220 f..e ~o a polnt on the W..t.rn I1n. of Hll1 A11',1 thence 1n a northerly direction .10ng Hll1 All.y SO t.et I lnch.. ~ e polnt on che 11n. of land. n~ or late of N... ~I cheno, ln a we.c.rly direction .1ong the 1..c "ncloned land, and rlght angl.1 to Eighth Itr..t 201.. t.a' co a polne on \hI .a.t.rn I1n. of 11gheh 'tre.t; th'nee 1n a .owth.rly direction along the .aaC.rn l1n, ot 11ghth 'tr..t ..., t.., to a pelnt or pl~c. of aEQIHKI~. 811"0 KNOWN A5 ., North E!ghth Str..t, Lemoyn., PA. fOCCTKD. WITH Tim tn. and un1ncarrupud 1.1.. ot ..14 20 tOOt "1el. alley 1n the rear ot .'ld lot, known a' Hill Alley, and .1.0 the tr.. and uninterrupt.d ve. of the 20 tOOt w1de all.y running parallel wl~ 'aid Turnpike Road alon; property cOnveyed by Willi.. P. o.le to Harry Davle 1n comnon with tho other owner. and occupi,r. abUtt1n; thlreon. '.., /" ./ " ...- / ....'" '!>)2:> r' .4'_~.', . e' .(~~: .,.'t';: 'W ':I\~~ ',..!:,;. ~. it "!'.'/~ .~~ :{f~~~'~~: .' 'I, .'tr ~~fj~fUti" """';,ji ~i~;~~:' .. ",' i. , ;,. '. " '.;: , '.'~~' ",'" ~.:B ....;', /;",;. :~_:, " '. :~}'; .~ oJ' ';~ ':~f. . Z 5db 1bS t't'4 US PD.1al S."'k:e ReceIpt for e'eniliad Mall No Insurlll1C4 eo.oroge Provtdod, 00 nol use for InlemadonaJ Mall s.. f'fMIrse " IfIJ!Ltt One a Popular, Inc. Company December 15, 1998 Postage CutifiedFoe VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED ARTICLE NO. Z 586 165224 AND FIRST CLASS MAIL Soed~ OolMlry F.. Kenneth Foltz 47 N. 8'" Street Lemoyne, P A 17043 in Restricted OeIiWlry Fee g Relum ReceipC S/'lovMg 10 ;; 'Nhom & Dale Dalvered a.....""""SIIowi-9l>"""" ~ D.t..&I4:tes.we'sA.itess g TOTALP....go&F... $ g Postmar1l or Dale of en 0.. Equity One Loan Number: 81011 Premises: 47 N. 81h Street, Lemoyne, PA 17043 Dear Kenneth Foltz: NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Equity One, Incorporated (hereinafter "we," "us," "our" or "ours") on your property located at 47 N. 81h St., Lemoyne, PA IS IN SERIOUS DEFAULT because you have not paid the monthly installments of principal and interest from September 1998 to date. The total amount now required to cure this default or, in other words. get caught up in your mortgage payments, as of the date of this letter is $870.92 which represents the September through November 1998 payments of $289.98 each, plus $0 in accrued late charges. Another $2&9.98 payment will be due on December 30.1998. YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE BY PAYING TO US THE ABOVE AMOUNT OF $870.92. PLUS ANY ADDITIONAL PAYMENTS or LATE CHARGES THAT MAY ACCRUE DURING THIS PERIOD. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Equity One, Incorporated, 523 Fellowship Road. Suite 220, Mount Laurel. NJ 08054. Attn: Kathy Ramos. Collection Manager. IF YOU DO NOT CURE THE DEFAULT WITHIN THIRTY DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chancc to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our allorncys to start a lawsuit to foreclose your mortgaged property. - YOU R LOA N SOU R C E 523 Fellowship Road .:. Suite 230 .> Mt. Laurel, NJ 08054 609 . 273 . 1119 Kcnneth Foltz Deccmber 15, 1998 Pagc Two If the mortgagc is foreclosed. your mortgaged property will be sold by the Shcriff to pay offthc mortgage debt. If we refer the casc to our attorneys, but you cure the default before thcy begin legal proceedings against you, you will still havc to pay the reasonablc attomcy's fces actually incurred up to $50.00. However. iflegal proceedings are started against you, you will have to pay the reasonable attomey's fees cven if they are over $50.00, Any attorncy's fecs will be added to whatever you owe us. which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD, YOU WILL NOT BE REQUIRED TO PA Y THE ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due. as well as the reasonable allomey's fees and costs connected with the foreclosure sale, and perform any other requirements under the mortgage, It is estimated that the earliest date that such Sheriffs sale could be held would be approximately one hundred twenty days from today. A notice of the 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 will be by calling us at the following number; (800) 383-2292. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. , You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. YOU MAY HAVE ADDITIONAL RIGHTS TO PROTECT YOUR INTEREST IN THE PROPERTY, YOU 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. YOU MA Y HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MUST EXIST. YOU ALSO HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. .1 KeMcth Foltz Dcccmber IS. 1998 Pagc Thrcc Thc names and addresses of designated consumer credit counseling agencics arc shown on the cncloscd listing. It is only ncccssary to schedulc one face.to.facc mecting. You should advise this lender immediately of your intentions. Your mortgage is in serious default becausc you have failed to pay promptly thc monthly installments of principal and interest when due for at least (60) days. The total amount ofthc dclinquency is now $870.92 which represents principal and intcrest payments for the months of September through November 1998 totalling $870.92, and late charges of $0. Another $289.98 payment will be due on December 30, 1998. If you havc tried and arc unable to rcsolve this problem at or after your face-to- facc meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgagc Assistance Fund. In order to do this, you must fill out. sign and file a completed Homeowners' Emergency Assistance Application with one of the designatcd consumer credit counseling agencies listed on the attachment. An application for assistance may onlv be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to-face meeting. It is extremely importallt tllat you file your applicatioll promptly. If you do 1I0t do so, or if you do 1I0tfollow tile otller time periods setfortll ill tllis letter,foreclosure may proceed agaillst your IIome immediately. , Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified dircctly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at2101 North Front Street, PO Box 8029, Harrisburg. PA 17105. Telephone No. 717-780-3800 or 800-342-2397 (toll free number). Persons with impaired hearing can call 717-780-1869, Z Sill. lobS 22S us POIta/ s"..... _ ReceIpt for Certified Mall NolnlUtlnCo Co.wIgO P_ Do noI lot 1__ Mol SH~,.. Eouitv One a PrJpular, Inc. Company December 15, 1998 <:. l'oo,. $ ~'" VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED ARTICLE NO, Z 586 165225 AND FIRST CLASS MAIL SooooI Dolwooy '" RoarictodDol""," '" s: _Roco;pcsr-,g.. i """" · 0... o.o....d :t ........9'oot-v....... .llot,_~_ g TOTALP_goar_ $ i Poonatk 01 Dill loe ~ Kimberly Foltz 47 N. 81b Street Lemoyne, PA 17043 Equity One Loan Number: S1011 Premises: 47 N. Sib Street, Lemoyne, PA 17043 -'- - . ~_ 0- _,. ----.--- Dear Kimberly Foltz: NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Equity One, Incorporated (hereinafter "we," "us," "our" or "ours") on your property located at 47 N. Sib St., Lemoyne, PA IS IN SERIOUS DEFAULT because you have not paid the monthly installments of principal and interest from September 1998 to date. The total amount now required to cure this default or, in other words, get caught up in your mortgage payments, as of the date of this Ieller is $870.92 which represents the September through Novembcr 1998 payments of $289,98 cach. plus $0 in accrued late charges. Another $289,98 payment will be due on December 30, 1998. YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE BY PAYING TO US THE ABOVE AMOUNT OF $S70.92. PLUS ANY ADDITIONAL PAYMENTS or LATE CHARGES THAT MAY ACCRUE DURING THIS PERIOD. Such payment must be made either by cash. cashier's check. certified check or money order, and made at Equity One, Incorporated. 523 Fellowship Road, Suite 220, Mount Laurel, NJ 08054, Alln: Kathy Ramos, Collection Manager. IF YOU DO NOT CURE THE DEFAULT WITHIN THIRTY DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may losc thc chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. -YOUR LOAN SOURCE 523 Fellowship Road .:. Suite 230 <. Mt. Laurel, NJ 08054 609' 273.1119 Kimberly Foltz Dcccmber 15, 1998 Page Two If the mortgage is forecloscd, your mortgaged property will be sold by the Sheriff 10 pay off the mortgage debt. If we refer thc case to our attomeys, but you curc thc default beforc thcy begin legal proccedings against you, you will still havc to pay thc rcasonablc allomcy's fccs actually incurred up to $50.00. Howcver, iflegal proceedings art startcd agoinst you. you will have to pay the reasonable allomey's fees cvcn if they are ovcr $50.00, Any ollomcy's fces will be added to whatever you owe us, which may also include our reasonablc costs. 110' YOU CURE THE DEFAULT WITHIN THE THlRTY.DA Y PERIOD, YOU WILL NOT DE REQUIRED TO PAY THE ATTORNEY'S FEES. We may also sue you personally for thc unpaid principal balancc and 011 other sums duc under the mortgage. If you have not cured the default within the thirty (30) day pcriod and foreclosure proceedings have begun, YOU STILL HAVE THE RIGHT TO CURE TilE DEFAULT AND PREVENT THE SALE AT ANYTIME UPTO ONE 1I0UR UEI<'ORE THE SHERIFF'S FORECLOSURE SALE. You may do so by paying tlle totlll amount ofthc unpaid monthly payments plus any late or other charges then due, as wcll us the reasonable attorney's fees and costs connected with the foreclosure salc. and pcrform W1Y otllcr rcquiremcnts under the mortgage. It is estimated that the earlicst dalc that such Sheriff's solc could be hcld would be approximately one hundred twenty days from today, A noticc ofthc date ofthc Sheriffs sale will be sent to you before the sale. Of course, the wnount needcd to curc thc default will increase the longer you wait. You may find out at any timc exactly what thc required payment will be by calling us at the following number: (800) 383.2292. This payment must be in cash. cashier's check. certified check or money order and made payable to us otthe addrcss slated above. You should realize that a Sheriffs salc will end your ownership of the mortgagcd property and your right to remain in it. If you continuc to live in the property aftcr the Sheriffs . sale, a lawsuit could be started to evict you. YOU MAY HAVE ADDITIONAL RIGHTS TO PROTECT YOUR INTEREST IN THE PROPERTY. YOU 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 DEIlT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUUJECT TO TilE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME TilE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAil) PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER TilE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WIIAT CIRCUMSTANCES THIS RIGHT MUST EXIST. YOU ALSO IIA VE TilE RIGIIT TO IIA VE THIS DEFAULT CURED BY ANY THIRD I'ARTY ACTING ON YOUR UEIIALF. Kimberly Foltz DcccmberlS, 1998 Pagc 1l1rec IF YOU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. Howcvcr, you arc not cntitled to this right to cure YOllr default more than three times in any calcndar ycar. Please bc guided accordingly. Respectfully, /J Kathy A. Collection Manager 800.383-2292 J Kimberly Foltz December 15, 1998 Pagc Thrcc Thc namcs and addresses of designatcd consumer crcdit counseling agencics arc shown on thc cnclosed listing, It is only neccssary to schedulc one face.to-face meeting. You should advise this lender immediatcly of your intentions, Your mortgage is in scrious default bccause you have failed to pay promptly the monthly installmcnts of principal and interest when due for at least (60) days. The total amount of the dclinquency is now $870.92 which rcpresents principal and intcrest paymcnts for thc months of September through November 1998 totalling $870,92, and late charges of $0. Another $289.98 payment will be due on December 30, 1998. If you havc tried and are unable to resolve this problem at or after your face.to. face meeting, you have thc right to apply for financial assistance from the Homcowners' Emergency Mortgagc Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergcncy Assistance Application with one of the designated consumer credit counseling agencies listed on the allachment. An application for assistance may onlv be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency, Your application must be filed or postmarked within thirty (30) days of your face-to-face meeting. It is extremely important tllatyoufile your application promptly. /fyou do not do so, or if you do notfol/ow tile otller time periods setfortll in tllis letter, foreclosure may proceed against your IIome immediately. , Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at2101 North Front Street, PO Box 8029. Harrisburg, PA 17105. Telephonc No. 717-780-3800 or 800-342-2397 (toll free number). Pcrsons with impaired hearing can call 717-780-1869. ~ .J ~ ;-- ~~ ~ tr. 1.-:-: ~9 ,~~~ , r-J () , , ~ J;:; ~ 'Y> .J- f!~ u.. ~f.' ~ ,'" , l ~ ; --. N J - ~ fE~'.: ". ,'1"1 ~ r-- ..~ .r= ~ . ~ ~ l'. 0' ::) ~~ 0 CJ"> () ~ SHERIFF'S RETURN. REGULAR CASE NOI 1999-01802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INCORPORATED VS, FOLTZ KENNETH L JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon FOLTZ KENNETH L JR the defendant, at 16:38 HOURS. on the 16th day of April 1999 at 47 NORTH EIGHTH STREET LEMOYNE, PA 17043 ,CUMBERLAND County, Pennsylvania, by handing to KIM FOLTZ (WIFE) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 8.00 ~,j~.::1G So answers: K. r:::~~~<~ PETER E. MELTZER 04/19/1999 by \)o-t,Vl'\ -a. ~ lJepucy bnerJ.ff Sworn and sUbscribed~ b~fore me this oils/- day of "lJ - 19 A.D. ~(f ( . SHERIFF'S RETURN - REGULAR CASE NO: 1999-01BO~ P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INCORPORATED VS. FOLTZ KENNETH I, JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania. who being duly sworn according to law. says, the within NOTICE AND COMPLAINT was served upon FOLTZ KIMBERLY A the defendant, at 16:38 HOURS, on the 16th day of April 1999 at 47 NORTH EIGHTH STREET LEMOYNE, PA 17043 ,CUMBERLAND County, Pennsylvania, by handing to KIM FOLTZ a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 ,00 .00 8.00 So answers: ~~ ~~~ K.. om J.ne, rJ.ff $B .uu PErER E. MELTZER 04/19/1999 by GO-lvn -J,. ~ IJepucy bherl~~ ' Sworn and sUbscribed~. be!ore me this d.t"./.- day of {V'1.J. , 19.10 A.D. . . . ' ~ II HAml: Addrcss Fry Communications SOO Wcst Church Road Mechanicsburg,l'A 17055 4. Name and address of the last recordcd holdcr ofevcry mortgage of record: ~ Equity Onc Incorporated Address 523 Fellowship Road Suite 220 Mt. Laurel, NJ OS054 Pennsylvania Housing Finance Agency 2101 North Front Street P.O. Box ]5530 Harrisburg, P A 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address I verity that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of ] 8 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: b! I ! C; I 2 .' ., THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Undor Hrt No.587. Hoorouod Mau 16, 1979 Commonw..Uh of Plnnlylvlnll, County of Oluphln) IS Michael Morrow being duly sworn according to low, deposes and says: Thol he Is the Assistant Controllsr of THE PATRIOT.NEWS CO., 0 corporal/on organized and existing under Ihs laws 01 the Commonwealth at Pennsylvania, with its principal office and place 01 business at 812 to 818 Markel Street, In the City 01 Harrisburg, County 01 Dauphin, State of Pennsylvania, owner and publisher 01 THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapers of general circulal/on. prlnled and PUblished at 812 to 818 Market Street, In the City. Counly and State aforesaid: that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were established March 4th, 1854, and September 18th. 1949, respecllvely, and all have been continuously published ever since: Thallhe prInted nolice or publlcal/on which Is securely alloched hereto Is exacl/y as printed and published In their regular dally and/or Sunday and Metro editions/Issues which appeared on the 27th day(s) 01 July and the 3rd and 10th day(s) ot August 1999. That neither he nor said Compony Is Interested In the subject mailer ot said printed notice or advertising, and that all of the alle9allons 01 this slatemenl as to the time, place and charocter of publication are true: and That he has personal knowledge ot the facts aforesaid and Is duly authorized and empowered to verify this statement on behall 01 The Patrlot.News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board 01 directors of the said Company and subsequenl/y duly recorded In the office for the Recording of Deeds In and for said County 1 aUEhl' Miscellaneous Book "Mo. Volume 14. Page 317. PUBLICATION COPY SALE 1122 '" CUMBERLAND COUNTY SHERIFFS OFFICE COURTHOUSE CARLISLE, PA. 17013 Statement of Advertisina Costs To THE PATRIOT-NEWS CO., Dr. For publishing the nollce or publica lion attached hereto on the above stated dates $ Probal/ng same Notary Fee(s) $ Total $ 265.50 1.50 267.00 By.................................,....,............,....,........... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Undcr Act No. 587, approvcd May 16,1929). p, L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenlhal, Esquire. Editor oflhe Cumberland Law Joumal, ofthc County and State aforesaid. being duly swom. according 10 law. deposes and says that the Cumbcrland Law Journal. a legal periodical published in the Borough of Carlisle in the County and State aforesaid. was cstablished January 2. 1952, and designated by the local courts as the officiallcgal periodical for the publication of all legal notices. and has, since January 2. 1952. becn regularly issued weckly in the said County. and that the primed notice or publication attachcd hercto is cxactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following datcs, viz: JUL Y 23, 30. AUGUST 6. 1999 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal. 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 MLE NO. 22 Wlil No. 99-1802 CIVlI EquJly One. Incorporated vs. Kenneth L. Follz. Jr. and KImberly A. Foltz Atty.: Peter E. Meltzer ALL THAT CERTAIN pIece or par. eel ofland situate In the Borough of Lemoyne. County of Cumberland. Commonwealth ofPermsylvanJa, more part1cularly bounded and deSCribed as follows: BEGINNING AT A POINr on Ute eastern side of Eighth Street, Dale Avenue. at a dJstance of 345 feet. measured tn a northerly dtrecUon from the centerIJne of Market Street: thence 1n an easterly dJrectJon at tight angles to Eighth Street along lands nower late of Frances L. Coul- son 220 feet to a potnt on the western line ofHlII Alley: thence In a norUlcrIy dJrection along Hili Alley 50 feet 5 Jnches to a point on the Hne of lands now or late of H.B. Mumma: thence in a westerly direction along tile last mentioned lands and right angles to Eighth Street 205.5 feet to a pOint on the eastern Hne of EIghth Street: thence In a soutilerly dlrecUon along the eastern line of Eighth Street 48.5 feet to a pOint or place of BEGIN- NING, BEING KNOWN AS 47 North Eighth Street. Lemoyne, PA. TOGETHER WITH THE free and uninterrupted use of saJd 20 foot wide alley In the rear of saJd lot. known as HHI Alley. and also the free and unInterrupted use of the 20 foot wide alley runnJng parallel With saJd Thrnpike Road along property con- I; veyed by William P. Dale to Hany Davts In common With the other own- ers and occupIers abutting thereon. r-/ 0 )7~/l ~ Rogar M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this ~day of AUGUST.] 999 ~ ,)' ( '" /.:,;./. X"YJ ,u</~.A / L Sf LOIS f, SNYDER. -'Y Pvbllc Carli.,. Sora, Cumbertond County, PA My CommiufOl"l EXrHre. March .5, 2001 \ , '-