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Home My WebLink About03-5163 MILSTEAD & ASSOCIATES, LLC By: Carina M. Caniz, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff EQUITY ONE, INC. 301 Lippincott Drive Marlton, NJ 08053 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION vs. No.: 03 -.s1W Gu~( lea.m, DANIEL LUGARO 38 Central Boulevard Camp HilI, PA 17011 and DORIS LUGARO 38 Central Boulevard Camp HilI, P A 17011 CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) 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 this 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 claimed in the complaint or 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 ((ph)717-249-3166 or 800-990-9108 ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************************************** 1.This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2.Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3.lf you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney 10# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff EQUITY ONE, INC. 301 Lippincott Drive Marlton, NJ 08053 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION vs. No.: 03 - SU..3 e~~L 'T~..., CIVIL ACTION MORTGAGE FORECLOSURE DANIEL LUGARO 38 Central Boulevard Camp Hill, PA 17011 and DORIS LUGARO 38 Central Boulevard Camp Hill, P A 17011 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Equity One, Inc., is a mortgage company, having an office and place of business at 301 Lippincott Drive, Marlton, New Jersey 08053. 2. Defendants, Daniel Lugaro and Doris Lugaro are the real owners of the premises hereinafter described. 3. The residence ofthe Defendants is 38 Central Boulevard, Camp Hill, P A 17011. 4. On April 24, 2000, Defendants, Daniel Lugaro and Doris Lugaro, executed and delivered to Laguna Capital Mortgage Corporation a note (the "Note") and mortgage (the "Mortgage"), a true and correct copy of the Note and Mortgage are attached as Exhibit "A". The Mortgage was recorded on May 8, 2000 in the Department of Records in and for the County of Cumberland under Mortgage Book 1611 Page 139. Plaintiff is property party plaintiff by way of assignment to be recorded. 5. The said Note and Mortgage were in the principal amount of $29,066.00, with an interest rate of 11.5% thereon, payable as to the principal and interest with monthly installments of$339.55 commencing June 1,2000. Said Note and Mortgage are incorporated herein by reference. 6. The Mortgage covers the following real estate (the "Mortgaged Premises"): 38 Central Boulevard, Camp Hill, P A 17011. 7. The mortgage is in default because payments of principal and interest due March 1, 2001, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $28,424.86 Accrued but Unpaid Interest from 2/1/03 through 9/15/03 @ 11.5% per annum ($8.96 per diem) $ 2,033.92 Title Search Fees $ 150.00 Reasonable Attorney's Fees $ 1,421.24 Late Charges $ 543.36 Deferred Late Charges $ 33.04 Suspense Balance $ (60.45) TOTAL as of 9/15/2003 $32,545.97 Plus, the following amounts accrued after 9/15/2003: Interest at the Rate of 11.5% per annum ($8.96 per diem); Late Charges of$16.98 per month 9. Plaintiff has complied fully with Act No. 91 (35 P.S.s 1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 38 Central Boulevard, Camp Hill, PA 17011 on March 26, 2003, the notice pursuant to S 403-C of Act 91, and the applicable time periods therein have expired. A-True and correct copy of such notice is attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands judgment against the Defendants for foreclosure and sale ofthe mortgaged premises in the amount due as set forth in paragraph 8, namely, $32,545.97, plus the following amounts accruing after 9/15/2003, to the date of judgment: (a) interest of$8.96 per day; (b) late charges of$16.98 per month; plus interest at the legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. , ~TEAD ;A!lSOCIATES, U.C Corina M. Caniz, squire Attorney for Plaintiff _---:_...._1;.....:...- '- .. ., VERIFICATION I, Corina M. Caniz, hereby certify that I am an Attorney for Plaintiff and am. authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. e: Corina M. Caniz, Esquire Title: Attorney /! I " SECONDARY MOR'roAGE LOAN ' This agreement is Subject to tne provisions of the secondary I NOTE I !lortgage Loan Act Loan #: 06-5021 April 24, 2000 Date Aliso Viejo Ory CERT\FI~~1RUE cop~) california Start 38 Central Boulevard Property Address Canp Hill Ory PA State 17011 VP Code 1. BORROWER'S PROMISE TO PAY In return for a loan that lhave received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is CO:rporation, a California coq:oration 29,066.00 (this amount will be called Laguna capital Mortgage . 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST J will pay interest at a yearly rate of 11.500 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $ 339.55 I will make my payments on the 1st day of each month beginning on June 1 2000 . I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on Mciy 1, 2015 I stilI owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments at Laguna Capital MJrtgage COrporation, 2 Mareblu, Suite 200, Aliso Viejo, CA 92656-3014 or at a different place if required by the Note Holder. 4. 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 of my monthly payments by the end of calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount 5.000 % of my overdue payment, but not less than U.S. $ N/A U.S. $ 16.98 . I will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am in default at a later time. (C) Notice from Note Holder If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain dale the Note Holder may require me to pay inunediately the full amount of principal which has not been paid and all the interest thall owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) 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 for its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable auorneys' fees. 15 of the charge will be and not more than s. TmS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated April 24, 2000 , protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required 10 make immediate payment in full of aU amounts that I owe under this Note. IPENNSYLVANIA - SECOND MORTGAGE - 1/80. FNMA/FHLMC UNIFORM INSTRUMENT P8U81of2 , PlCA r:oform c3939 INlrtp~ 'IlI:J() /fEF/t"~ G-75IPAl (8903).02 ~ VMP MORTGAGE FORMS. 1800)521-1291 Loan #: 06-5021 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE J 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 a letter that I am doing so. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment. .. I may make a full prepayment or a partial prepayment without paying any penalty. 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 no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any lime. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my' partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (e) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as . 'guarantors, sureties and endorsers." 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me 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 certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that anyone of us may be required to pay all of rhe amounts owed under tbis Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in tbis Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Origino.l Only) G-75IPAI {B9031.02 ~ Paoe2Dt2 Form 3939 WHEN REXXJRDED MAIL TO: Laguna Capital Mortgage Corporation 2 Mareblu, SUite 200 Aliso Viejo, CA 92656-3014 Parcel Number: 10-21-0277-292 loan #: 06-5021 I MORTGAGE I THIS MORTGAGE is made this 24th Daniel Lugaro and D::>ris Lugaro April, 2000 day of CEFl~/FI D T flUe COP . , . . between the Mortgagor. laguna Capital Mortgage CO:rp:>ration, a California (herein RBorrbwer"), and the Mongagee, corporation , a corporation organized and , whose address is existing under the laws of California 2 Mareblu, SUite 200, Aliso Viejo, CA 92656-3014 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 29 1066.00 , which indebtedness is evidenced by Borrower's note dated April 24 I 2000 and extensions and renewals thereof (herein "Note), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on May 1, 2015 ; . TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the perfonnance of the covenants and agreements of Borrower herein contained, Borrower does hereby mprtgage, grant and convey to Lender the following described propenylocated in the County of CUrrt::erland State of Pennsylvania: PARCEL # 10-21-0277-292 See attached copy of certitifed legal description which has the address of 38 Central Boulevard {Street] (herein "Property Address"); Pennsylvania 17011 rZIPCode] I PENNSYLVANIA. SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT _-7.,PAI""" ~ '*' VMP MOf;1':'A.:iE fOAMS .18001~~1-nS1 . Pag~ 1 01 8 Inilial. Canp Hill ICity] 1111I1111 II 1111111111111111 11111111 TOGETHER with all tbe improvements now or hereaftcr ercctcd on the properly, and all e<L'>etnenlS, rights, appurtenances and rents, all of wbich shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property. and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment oC Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes Ilnd Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one.twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one.twelfth of yearly premium installments for hazard insurance. plus one.twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall.not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds. analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mongage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or eanlings on the Funds. Lender shall give to Borrower, witbout charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable" prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required. to pay said taXes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mongage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 bereofthe Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to tbe sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by BorrOwer under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trustj Chargesj Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other cbarges, fines' and impositions attributable to the Propeny which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term ~extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance clUTier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a fonn acceptable to Lender and shall include a standard mortgage clause in favor of and in a fonn acceptable to Lender. Lender shall have the right <u hold till.. t : :~,I;:~ aIld fenl.:.. als 1111::f1;Ul, ~I..lbject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. cD;-76IPAlI96111 ~ P.ge2of5 ';.)30 ,nill~'/f( In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower mat the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium Of a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominiwn or planned unit development, the by. laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is conunenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to mBintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amOI1ization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in- interest. Lender shall not be required to conunence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigos Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph l6 bereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co.signs this Mortgage, but does not execute the Note, (a) is co.signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the tenns of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other acconunodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the PropeI1Y. 12. Notjce. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail a.ddressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severabilit}', The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this ~,1ongage. In the eye;;.t that any provision or cia;.;.:;..:: 01' Lili.s ivlunf;d,gc Ul Ult: j"ult: l,.:uHui"':t.s Wilh appw.;able law, such conQicl Q -76IPA) (9~111 ~ Pag.3ot:; '"'".,:~ shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and 10 this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, ~costs, ~ "expenses~ and "attorneys' fees~ include all sums to lhe extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rebabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to e;tecute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection witb improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in 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 all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mongage. 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 Mongage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mongage without further notice or demand on Borrower. NON-UNITORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17.Acceleration; Remedies. Upon Borrower'S breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specif}ing, among other things; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure bJ' judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceJeration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding aU expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mongage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mongage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if; (a) Borrower pays lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mongage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Propeny, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Propeny, Lender, in person, by agent or by judicially appointed receiver shall be entitled 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 to payment of the costs of management of the Propeny and collection of rents, including, but not limited to, receiver's fees. premiums on receiver's bond and reasonable attorneys' fees, and then to the swns secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21.Interest Rate After Judgment. Borrower agrees that (he interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. \ O.761PA1196111 ., P.ge 4 of ~ Fp'~A lruli.+~ Wimesses: Witness my band this Q.761PAIIS61n ~ REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST ~ ~~ I Notarial Seal Lisa E. Talamonll, Notary Public Swatilra Twp.. Dauphin County My CommjSSi~n E.xpir8S ~OV. '~. ~"~~~ I/~II;!<;H, .' ~ "w,,"llI AS;;DC:..llon c. I...., " P.g. ~ 01 5 loan #: 06-5021 c (Seat) Borrower and Lender request the holder of any mortgage, deed of trust or OLher encumbrance with a lien which has priority over this Mortgage to give Notice to Lender. at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure aClion. IN WITNESS WHEREOF, Borrower has executed this Mortgage. iQr ~~. "rJi1') .Burrower (Seal) -Burrower _(Seal) -Borrower _(Seal) -Borrower (Sign Ori,\ inal Only) Form 31139 DANiEL LUGARO 38 CENTRAL BLVD CAMP HILL PA 170Jl t 10703 U.S- ~~. Ct.T\1\f\aJ 1A,oJ~ RECEIPT ~..()Iltf,*---~~ .Jo1-' ":-,: '( . .' MARCH 26, 2003 ru o D o o ... '" ru , -, - pO$Iage $ CertRf{ldFaa RliltumR&<;ieplFae (EndorsamentAelluired) Restricted Dalivf.lry Fee (Endo~manIRequlled) Total poslage & Faa& $ Postmark "". ... '" ru o o ACT 91 Nee>- TAKE ACTION YOUR HOME FROM FORECLOSURE ,~ \ .......................................................... S;r86~"APt:fio:;..m..---" ~PO'~Nc. ............................................. cit)i:"siai.i;ziP+4""."--"'--- O"',..O'1~~........'~"""".I.I.~,n"~II.,.~.. Thi";fil an official notict" that thf" mortfRee ofyouT home is in rlt"flmlt. and the lendt"T intMld.. to forec1oRt" Specific inform::lt;on ahollt the mltllre of the default is prnvirieri ;n tht' attaC'herl paEf:" The HOMEOWNFR'S MORTGAGE ASSJSTANrF PROGRAM (REMAP) may he ahle to Help <:avt" your homf' 11ai.. noticp explainfil how the pmernm wOTh To "t'e ifHFMAP c::ln ht'lp, YOll mll<:t MRRT WITH A C.ONSTTMRR C.RRDIT C.OTJNSRT TNG AGRNCY W1THlN 10 DA YS OF THE DA TF OF THTS NOTTC.F Takt" this notice with YOIl when yon meet with the COlln"t"line Aee:ncy Tht" name, arlrlre"" ::Incl phont" n11mher ofC.on"llmer C-rerlit COlln"e1ine AgPnc;t"s "t"rvicine Y011T r.onnty Rre lided at the e:nrl ofthi... Not;ce Tfyon have any qIlPdion", YOII may can tht" Penmylvania HOllfiline Finance Agt"ncy toll frt"f' at l-ROO_l4?_?lQ7 (perfilonfil with impaireri ht"aring CRn call (717) 7RO_l R6Q This Notice contains legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local ba.r association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO .. HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HlPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDERJSERVICER: Daniel Lugaro 38 Central Boulevard.,Camp Hill PA 17011 110703 Equity Oue, Inc. Equity One, Inc. YOITMAYRFFTmmT.F FOR FTNANrIAT. A~~ISTANrF WHTrHrAN~AVE YOITR HOMEFROMFORErTO~TTRF ANn HF.T.PYOTTR MAKE FlmTREMORTGAGF PA VMFNT~ IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TF.MPORARV ST A V OF FORF.CT.OSlJRF. -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-ta-face" meeting with one afthe consumer credit counseling agencies listed at the end of this Notice. TRTS MF.F.TTNG MlJST OCCTTR WlTmN TIIF NF.XT (30) DA Y~ IF YOTT no NOT A PPT.Y FOR EMERGRNry MORTGAGE AS~T~TANrE, YOTTRRTNGYOTTR MORTGAGETTPTOnATF THE PART OFTHTS NOTTrF.CATTF.O"HOWTOCTTRF. YOTJR MORTGAGE nFFATTT.T" FXPT ATN~ HOW TO RRTNCI YOTJR MORTGAGE TTP TO nATF. C'ONSITM'F.R C.RF.DTT C'OTTNS'FT.TNG AGF.NC.TF.S - Ifyau meet with one afthe consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The nflmC':o;:, f1rirlre!<l~O;: anrl t~lephnne': nnmhpN: of rlpo;:ienlltrct ~onO;:lImM" ~olln~e':line agr:ncie.o;: fOT thf" ~ollnty in which the': propM1y i~ lo~Rtpil Are. !<le':t forth At thp enrl ofthio;: Noti~e':. It is only necessary to schedule one face-to.face meeting. Advise your lender immpriilltp.ly of your intentions. APPT.[C' A. nON FOR MORTGAGF. ASSIST ANC.F. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOUMI!SJ:FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. A.GF,NC.Y ACTION. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF TRIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECf THE DEBT, (If you bave filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It up to date). NATTTRF. OF THF. nFFAIIT.T - The MORTGAGE debt held by the above lender on your property located at: 38 Central Boulevard.,Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: April 2001 - March 2003 at $339.55 per month, totaling $8,088.75 plus the following: Escrow; Late Charges: NSF Charges: $0.00 $440.56 $0.00 TOTAL AMOUNT PAST DUE: $ 8,529.31 HOW TO CITRF THF. nFFAIIT.T_ You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $8,529.31, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P'ymM1" m",' he m,de ei,h,.,. hy ~~o;;,h, r.a!':hif"T'!': r.he:r.k or mnne:y nutM" marle: paYflhle: ~mct !':M1t tn. F.qJli1y 00(>.., Inc. ",01 I ,lppincott nriv~ Suit.. 100 M:ultnTl, NpW' JPTillpy 1lRO,1 IF VOlT no NOT C'ITRF. THF. nF.FAITT.T ~ !fyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leuder iutends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THF. MORTr.Ar.F. IS FORF.C'J .OSF.D ITPON - The mortgaged property will be .old by the Sheriff to pay off the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will stilI be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the derault within the TIllRTY (30) DAY period, you will not be required to pay attorney's rees. OTHF.R I,F,NnF.R RF.MFnrF,S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RI(;HT TO c'TTRF. THF.. nF.FATTT.T PRIOR TO THF. SHF..RTFF'S SAT.F. - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curiug the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F..4.RT,TF.ST POSSTRT.F. SHF.RTFF'S SAT ,F. nATF. - It is estimated that the earliest date that such a Sheriff. Sale of the mortgage property could be held would be approJdmately FIVE (5) mouths from the date of this Nodce. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THF. I.F.NDF.R' Nam.. of T .end..r: AddJ:e.u: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy Phon.. Numhpr: Contact Per!lilon: F,FFF.CT OF THF. SHFRTFF'S. SAT ,F, ~ You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. !fyou continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time~ ,4.SSTTMPTTON OF MORT~A~F, - You mayor may Dot sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marltou, NJ 08053 1-866-361-3460 yon MA. Y A.T,SO HA. VF. TTTF. RIGHT- TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE TIlE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTTI1JTED UNDER TIlE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. llo,.RO OWS~ tl~'i1J ~. C\l~?/'. \10\\ CtoY<? \\0103 '"" 1~1.fJwr.t~';~ ~ '~~!"~~'jI~' lTl ~ i',...rn"'''''f~'''F\''i'''I'I'''ln.\ LI"l POB~ S -.'Il"'"--.''' . L USf: \ ru Cl Cl D AalurnRElCleptFee (EndorsemenIRequitlld) c::::J AeslncladOlllivaryF&e ~ (Endorsement Required) ru CertitiedFe.. postmark Hare TOIaIPosla~e&Fee$ $ MARCH 26, 2003 ru o $elnrTo Cl r'- ACT 91 N~ TAKE ACTIOh"U"'S~".'.""-"'.~""'''"'. YOUR HOME FROM FORECLOSURE "'Siiiiet;"Ajit:NC;.;------.----.....--.---------------........................--..---------- Of PO 8cJi No. .___un_n_ ._nnn_n__.........__...__..__.___....._____ Ci,y;-sia~:ZIp.;.4 Thi.. i" IIn official noticf' that thf" mnrtgllff': nfyonT hnmf" io;; in df"f:mlt. l:mn the Ifmctf'1" intf"mi'l. to fnr~cln...e Spt"cific infonnatinn ahOllt the natnre: ofthl" cif'f;ullt j" prnviciprl in the attAC'hed r::lfr:" Tllf~ HOMF.oWNFR'S MORTGACTF. ASSJSTANr.R PROCTRAM (HRMAP) mayhf' ahl!": to Help ,,~vp. YOllr home Thii'1. notice exphtin<: how the program worb To '1.f'f" ifHF.MAP c~n he:1r. you mUi'1.t MFRTWITH A CONSTTMER CREDIT COTTNSF.TJNG AGFNCV WTTHTN 10 nA VS OF THR nA TR OF THIS NOTTCE Take thii'1. notiC',e with YOH whl"11 you mf'et with thf' Couni'1.e1ine Agrncy The: Ollmf'. lIr1dre:s'1. and phone nnmher ofCon<:nml"T Crl':dit Conn'1.e:ling Ael"11c.-il"s i'1.ervicine your County IIrf' Jji'1.terl ~t thl" end ofthi'1. Notice Tfyon h~ve lmy quei'1.tioni'1., you mllY c~l1 the Penni'1.ylvanill HnHi'1.ine Financl" Aeency toll frel" ~t l-ROO-14?-?lQ7 (pe:rson<: with imp~;red hf"lIring can {,,1I11 (717) 7RO_l RilQ This Notice contains legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNlENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Doris Lugaro 38 Ceutral Boulevard.,Camp Hill PA 17011 11 0703 Equity One, Inc. Equity One, Inc. YOIl MAVRF FI tGffiJ.F FOR FINANrlAI ASSISTANrF WHlrH rAN SAVE VOITR HOME FROM FORFCJ.OSITRF AND HFI P VOITR MAKF FTmTRF MORTGAGF PA VMPNTS IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TF.MPOR.4..RY ST A. Y OF FORF.CI.OSTTRF. -Under the Act, you are entitled to a temporary stay offorec1osure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-la-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. Tms MF.F.TING MTTST OC.C.TTR WITHIN THF NF.XT (10) DA VS IF VOlT no NOT APPI V FOR FMERGFNrV MORTGAGF ASSISTANrF VOITRRING VOITR MORTGAGF TTJ> TO nATE THF PART OF THTS NOTTrF rATJ.Fn "HOW TO rTTRF VOITR MORTGAGF nFFATTT.T" FXPLAINS HOW TO RRTNO YOTTR MORTOACT'F TIP TO nATF C.ONSIlMF.R CRF.DIT C.OlJNSF.I,ING AGF.NC.TF,S, - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Th~ n::lmp"l, arlrlre."l!o';~"l ::Inrl telf'Jlhonf' TllImher!o'; of rlp"ie:nRterl con!o';lImPT COIIn"lf'line ::Ief"nC';e!o'; for the connty in which thf' property i!o'; loc::ltr.rl ::ITf' !o';et forth::lt the f"nrl ofthi"l Notice It is only necessary to schedule one face-to.face meeting. Advise your lender immprlil'ltply of your intentions. A. PPI.IC'A. TION FOR MORTGA.GF. A.SSIST A.NC'F. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST he filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MIISJ: FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ,4.c;F.NCY A~TION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF TillS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECf THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It up to date). NA TIJRF, OF THF: DF,F ..1T1.T - The MORTGAGE debt held by the above lender on your property located at: 38 Central Boulevard.,Camp Hill PA 17011 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: April 2001 - March 2003 at $339.55 per month, totaling $8,088.75 plus the following: Escrow: Late Charges: NSF Charges: $0.00 $440.56 $0.00 TOTAL AMOUNT PAST DUE: $ 8,529.31 HOW TO C'lJRR THF. DRFATJI.T_ You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS 58,529.31, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P~ymt"'nt<: mn<:t he m~rif' f'ither hy r.l'l<l.h, ~Mhier'~ ~ht"~k or money orclf"T ml'lilf" pl'lYl'lhle l'lnrl ~ent to' F.cpllt)' Onp, Tn". 301 T,i('pincnttnrivp Suite 100 Multnn. N_ JPnlpy 0AA1:i~ TF von no NOT CTTRF. TRF. DF.FATTT,T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment ofthe total amount past due is not made within TIlIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THF. MORTGA(-;F IS FORFCI .OSFn TWON - The mortgaged property will be sold by the Sheriff to payoff the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, ifIegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you wlll not be required to pay attorney's fees. OTHF.R T .'F.NIlF.R RF,MF.DmS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO C'TJRF THF. nF.FATTI.T PRIOR TO THF SHF.RTFF'S SAI.F -If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.AR' ,TF.ST POSS'RT.F, SRF.RTFF'S SAT.F, DATF. - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approldmately FIVE (5) months from the date oftbis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THF. I.F.NnF.R: Namp of' ,pnrler: AJIdJ:oss: Phon~ Number: Cnnta...t p('orlilon: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy F.FFF.CT OF TH'R SHF.RTFF'S SA'.E - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. A.SSTTMPTTON OF MORT{;A{;F. - You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 MarItan, NJ 08053 1-866-361-3460 YOlJMA-Y A-J.SOHA-YF. THF. RJc.HT: TO SELL TIlE PROPERTY TO OIlT AIN MONEY TO PAY OFF TIlE MORTGAGE DEIlT OR TO 1l0RROW MONEY FROM ANOTIlER LENDING INSTITUTION TO PAY OFF THE DEIlT. TO HAVE TIllS DEFAULT CURED IlY ANY TIlIRD PARTY ACTING ON YOUR IlEHALF TO HAVE THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTIlER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU IlELIEVE YOU MAY HAVE TO SUCH ACTION IlY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. SHERIFF'S RETURN - REGULAR CASE NO: 2003-05163 P COMMONWEALTH OF PE}rnSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS LUGARO DANIEL ET AI, KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUGARO DANIEL the DEFENDANT , at 1845:00 HOURS, on the 3rd day of October ,2003 at 38 CENTRAL BLVD CAMP HILL, PA 17011 by handing to DORIS LUGARO, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 a ;;/ :?""")''''i:''';::""...,./ ///7. , ;..-";;.;:_,/ " - '.----'-'<,. ,';./~~~-p R. Thomas Kline 10/07/2003 MICHAEL MILSTEAD Sworn and Subscribed to before By: A~( '" me this r{ ~ day of (J'~. ,J (hJ3 A.D. (I {' Q 1k~A-/ UlFi) ~othonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2003-05163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS LUGARO DANIEL ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUGARO DORIS the DEFENDANT , at 1845:00 HOURS, on the 3rd day of October ,2003 at 38 CENTRAL BLVD CAMP HILL, PA 17011 by handing to DORIS LUGARO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~(:;~.-:::' ':.- ". 7 ,;,..'.,.:.~-. ,- R. Thomas Kline /~-:?: ,., ,~,~'~;;:./r'z~ d 10/07/2003 MICHAEL MILSTEAD Sworn and Subscribed to before By: ~ty me this ... /5~ day of c~ r~ .;J 011..3 A. D. , k () \...: ,;,- "-- A. 1Y\.<.(:k rothonotary I~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05164 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLM,D CHASE MANHATTAN BANK VS SANGER NANCY HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SANGER NANCY the DEFENDANT , at 1505:00 HOURS, on the 6th day of October ,2003 at 2144 MARKET STREET UNIT C 102 CAMP HILL, PA 17011 by handing to NANCY SANGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 ?1':~:{2~,..;. /. ~<<. _".,-tC/;'~:.r' ';::_ <> ~_~,:;;;~&.-r"::..,;p R. Thomas Kline 10/07/2003 PETER MELTZER Sworn and Subscribed to before By: 7Lul iJ Deputy ~eriff me this /S't::- day of @#A -2inJJ A.D. \--.)~Q~~)~ Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: Daniel Lugaro Doris Lugaro EQUITY ONE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: 03-5163 Civil Term DANIEL LUGARO AND DORIS LUGARO Defendant(s) NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: CORINA M. CANIZ, ESQUIRE #83509 MILSTEAD & ASSOCIATES, LLC 856/482-1400 - Notice p.. TbIs"_"'l~:'"'''Jlnt.''' tit n obtAI..... wID lie.......... .. . MILSTEAD & ASSOCIATES, LLC BY: CORINA M. CANIZ, ESQUIRE Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff EQUITY ONE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: 03-5163 Civil Term DANIEL LUGARO AND DORIS LUGARO Defendant(s) PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY Kindly enter Default Judgment in favor of Plaintiff, Equity One, Inc. and against the defendant(s), Daniel and Doris Lugaro, for failure to Answer the Complaint in Civil Action - Mortgage Foreclosure. Service was made on the Defendant(s), Daniel and Doris Lugaro via the Sheriff of Cumberland County on October 3,2003. Assess damages as follows: Total debt as of 9/15/03 Interest from 9/15/03 to 11115/03 Late charges since 9/15/03 TOTAL AMOUNT OF JUDGMENT $ 32,545.97 546.56 33.96 $ 33,126.49 :"(1;;111 Corina M. Caniz, Esquire #83509 MILSTEAD & ASSOCIATES, LLC BY: CORINA M. CANIZ, ESQUIRE Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff EQUITY ONE, INC. Plaintiff vs. DANIEL LUGARO AND DORIS LUGARO Defendant(s) STATE OF NEW JERSEY COUNTY OF CAMDEN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 03-5163 Civil Term AFFIDAVIT OF ADDRESSES SS I, Corina M. Caniz, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiffs address is 301 Lippincott Drive, Marlton, NJ 08053. 2. I certify that the Defendant(s), Daniel and Doris Lugaro's address is 38 Central Blvd., Camp Hill, PA 17011. 3. I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn and Subscribed to before me this i 3 day I/O~ f\.-k;v ~." 2003. t::9J C~ [\II . (My] -- \ DAWN HOFFMAN NOTARY I'lIIlUc OF "'IV JERSEY COIllmIIIlon Exll/I9$ 119/2007 ----.. Corina M. Caniz, Esquire # '83509 / U MILSTEAD & ASSOCIATES, LLC BY: CORINA M. CANIZ, ESQUIRE Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff EQUITY ONE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: 03-5163 Civil Term DANIEL LUGARO AND DORIS LUGARO Defendant(s) AFFIDAVIT OF NON- MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, Corina M.Caniz, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: I. That the Defendants are not in the Military, Naval of Air Services of the United States of any other Country within the provision of the Soldiers' and Sailors' Civil Relief Action of Congress, as amended; and 2. That the Defendant is at least 21 years of age and reside at 38 Central Blvd., Camp Hill, P A 170lL The affiant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with the authority. Sworn and Subscribed to befo~his 13 day /)N \ 1~~03. \j J'Jl /) ,1)1. t 'lY ~()JIY) 7t:1!t/j Corina M. Caniz, Esquire # 83509 DAWN HOFFMAN NOTARY P\lIUC Of IlEW JERSEY Com.oIIlIon ~ 1/'I/?OO7 MILSTEAD & ASSOCIATES, LLC BY: CORINA M. CANIZ, ESQUIRE Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff EQUITY ONE, INC. Plaintiff vs. DANIEL LUGARO AND DORIS LUGARO Defendant(s) STATE OF NEW JERSEY COUNTY OF CAMDEN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 03-5163 Civil Term AFFIDAVIT OF SERVICE SS I, Corina M. Caniz, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: I. I am a member of the firm of Milstead & Associates, LLC, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendant(s), place of residence by regular mail on October 29, 2003 and has not been returned to this office, so it can be assumed that same has been delivered to Defendants. Sworn and Subscribed to before me this \3 day ~ l-h~OA;M ~-k:::-JnLlJ)1 '1iC)' --- , ' DAWN HOFFMAN NOTARY PU8IJC Of NEW JERSEY COIIIIllIIlIon ExpIres 1/9/2007 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Prothonotary TO: Daniel Lugaro Doris Lugaro October 29,2003 EQUITY ONE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: 03-5163 Civil Term DANIEL LUGARO AND DORIS LUGARO Defendant( s) NOTICE, RULE 237.1 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 claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 Notice ........ To...... Debt CoDedIoll Praetices Ad This is III at! 1 pi eo coDed . debt IIld aDf iDfonDadoIl ";Jtained will............. purpase. Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center _ Military Status Report _ Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Liddle Begin Date IActive Duty Status LUGARO DANIEL - -- -.- ..-.- - - - - - - -..-- Currently not on Active Military Duty, based on the Social Security Number and last name provided. OCT-29-200307:10:32 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant( s), per the Infonnation provided, as to all branches of the Military. ~( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and otller eligibility systems. Uyou have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.miVudpdri/owalssera.pre_Select 10/29/2003 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OCT-29-2003 07: 12:32 Military Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name LUGARO First Middle Begin Date I Active Duty Status I Service/Agency DORIS Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant( s), per the Information provided, as to all branches of the Military. )Ld( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tO$scra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. hrtps://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 10/29/2003 SHERIFF'S RETURN - REGULAR C~SE NO: 2003-05165 _ /. o/~q1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS LUGARO DANIEL ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUGARO DANIEL the DEFENDANT , at 1845:00 HOURS, on the 3rd day of October ,2003 at 38 CENTRAL BLVD CAMP HILL, PA 17011 by handing to DORIS LUGARO, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 ?~~~'~::....,</ R. Thomas Kline 10/07/2003 MICHAEL MILSTEAD Sworn and Subscribed to before By: A~ me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-0516~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS LUGARO DANIEL ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUGARO DORIS the DEFENDANT , at 1845:00 HOURS, on the 3rd day of October ,2003 at 38 CENTRAL BLVD CAMP HILL, PA 17011 by handing to DORIS LUGARO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 , .':, ~.,~" R. Thomas Kline 10/07/2003 MICHAEL MILSTEAD Sworn and Subscribed to before By: ~ty me this day of A.D. Prothonotary c?c) (J ~ ~tt-~O _ 0 f ~r--cJ ..t"{5?-- ~ \' () . ~~ S ~) r'. _: ~c '.- " ~.. ,. ~~'- :- . .. =< ".-=:t \w In the Court of Common Pleas of Cumberland County, PA Equity One, Inc. Plaintiff CIVIL ACTION NO.: 03-5163 Civil Term Vs. Daniel Lugaro Doris Lugaro Defendant(s) Praecipe For Writ of Execution (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Daniel Lugaro Doris Lugaro 4. Real property involved: 38 Central Boulevard CampHill,PA 17011 AMOUNT DUE $33,126.49 INTEREST From 11/16/03 to Date of $ Sale at $5.45 per diem TOTAL $ (Costs to be added) August 19, 2004 Pina S. Wertzberger, E q ire Attorney for Plaintiff {0001607t} -p p ( r ~ vt......lv~ ~ ~ "'<>.~ I.v h Al4:) r- ~ AJl" . ...... . ~ ~ " . '.' iif- fI") Q " '1cc.,o " 0 c C- O c C' c "0 t ........::::::. I I , . ~~ t--f} , ~JJ 6'" - , .... , ~ , C ~OJ T , :: ~ pc. ~ , ~ \ ~ .:: ..; . 0;:/1:::> ~ ~ Y-ft: ~ 1 ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the western line of Central Boulevard said point being 200 feet North of the northwest comer of the intersection to Church Street and central Boulevard; thence in a westerly direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly direction along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatedt and wife 150 feet to a point on the Westerly line of Central Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of BEGINNING. BEING lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No.2, Page 39. BEING KNOWN AS 38 Central Boulevard, Camp Hill, P A 17011 PARCEL 10 NO: 10-21-0277-292 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {0001607t) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC., Plaintiff (s) From DANIEL LUGARO AND DORIS LUGARO (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a gamishee and is enjoined as above stated. Amount Due $33,126.49 L.L. $.50 Interest FROM 11/16/03 TO DATE OF SALE AT $5.45 PER DIEM Ally's Comm % Ally Paid $135.66 Plaintiff Paid Date: AUGUST 25, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothono~ ~By: ~~.fJ. ryc//A,..,'rtl Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID };o. 77274 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. : No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro : AFFIDAVIT PURSUANT : TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Equity One, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 38 Central Boulevard, Camp Hill, P A 17011: 1. Name and address of Owners(s) or Reputed Owner(s): Daniel Lugaro 38 Central Boulevard Camp Hill, PA 17011 Doris Lugaro 38 Central Boulevard Camp Hill, P A 17011 2. Name and address ofDefendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {OOOt6071 } 4. Name and Address of the last recorded holder of every mortgage of record: Equity One, Inc. (Plaintiff herein) 30 I Lippincott Drive Marlton, NJ 08053 Norwest Mortgage (to be determined) 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: T enantJOccupant 38 Central Boulevard Camp Hill, PA 17011 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. \T) W 0 ~ pr~11~~L, Es . e ~ Attorney for Plaintiff (J Date: August 19, 2004 (00016071} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 38 Central Boulevard, Camp Hill, P A 17011 is scheduled to be sold at Sheriffs Sale on December 8, 2004 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $33,126.49 obtained by Equity One, Inc.. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). (0001607t) YOU MAY STILL BE ABL_ ro SAVE YOUR PROPERTY ANI> . OU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution ofthe money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 03-1-01498 {OOOt6071} ALL THA T CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State ofPennsy]vania, more particular]y bounded and described as follows: BEGINNING at a point in the western line of Central Boulevard said point being 200 feet North of the northwest comer of the intersection to Church Street and central Boulevard; thence in a westerly direction along land now or late ofChar]es E. Nai]or ]50 feet to a point; thence in a Southerly direction along line paral]e] with Central Bou]evard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatedt and wife 150 feet to a point on the Westerly line of Central Bou]evard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of BEGINNING. BEING lot No. 12 and the Northern 30 feet of Lot No. 11, B]ock "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No.2, Page 39. BEING KNOWN AS 38 Central Boulevard, Camp Hill, P A 170 I] PARCEL ID NO: 10-2]-0277-292 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (OO016071} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 03-1-01498 Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro Defendants ENTRY OF APPEARANCE TO THE COURT: Kindly enter my appearance on behalf of the Plaintiff, Equity One, Inc., in the above captioned matter. (OOO16072) Equity One, Inc. VS Daniel Lugaro and Doris Lugaro In The Court of Common Pleas of Cumberland County, Pennsylvania Wrif No. 2003-5163 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, stafes this wri is returned STAYED per instructions from Attorney Pina Wertzberger. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Mileage Surcharge Law Journal Share of Bills 30.00 4.95 15.00 15.00 .50 1.00 15.00 31. 08 30.00 79.40 30.42 $ 252.35 Sworn and subscribed to before me ~~.,..~<' ~....R k;:;> L. r ., .; Thjs~dayof fU.h'''~/ '\.,. .' R. Thomas Kline, Sheriff () IHtI'l.u.-, '-f>0 BY Ji L~ JWJ.h Prothonotary Real E te Deputy 2004, A.D. ( )U;" , ) ,6'J 1 0z, i.j ) ~.5) (jL ISlO"9 . . , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. : No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro : AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant( s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Equity One, Inc., Plaintiff in the above entitled cause of action, sets forth as ofth date the praecipe for writ of execution was filed the following information concerning the real property located at 38 Central Boulevard, Camp Hill, PA 17011: 1. Name and address ofOwners(s) or Reputed Owner(s): Daniel Lugaro 38 Central Boulevard Camp Hill, P A 17011 Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien 011 e real property to be sold: None Known {OO016071) , ' 4. Name and Address of the last recorded holder of every mortgage of record: Equity One, Inc. (Plaintiff herein) 301 Lippincott Drive Marlton, NJ 08053 Norwest Mortgage (to be determined) 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property d whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 38 Central Boulevard Camp Hill, PA 17011 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PAl 70 13 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg,PA 17105 I verifY that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are m e subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 19.2004 Pna S. ertzberger, Es Attorney for Plaintiff {OOO16071} > MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. : No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro Defendant(s) : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TAKE NOTICE: Your house (real estate) at 38 Central Boulevard, Camp Hill, P A 17011 is scheduled to be sold at Sheriffs Sale on December 8, 2004 at 10:00 am in the Conunissioner' Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $33,126.49 obtained by Equity One, Inc.. To prevent this Sheriffs Sale you must take inunediate action: I. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To fmd out ho much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpon the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). ({)()()16071) YOU MAY STILL BE ABL_ fO SAVE YOUR PROPERTY ANb .. OU HAVE OTHE RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was gross y inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the own ofthe property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sh iff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to e ict you. 6. You may be entitled to a share of the money which was paid for your house. ASche ule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by t Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that oney. The money will be paid out in accordance with this schedule unless exceptions (reasons why th proposed distribution is wrong) are filed with the Sheriff within ten (l0) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if y u act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LIS ED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 03-1-01498 (00016071) ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumber d and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the western line of Central Boulevard said point being 200 feet No of the northwest comer of the intersection to Church Street and central Boulevard; thence in a weste y direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly irection along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction al ng land now or formerly of Fred E. Knackatedt and wife 150 feet to a point on the Westerly line ofCe tral Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 fee to a point, the place ofBEGlNNING. BEING lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No.2, P ge 39. BEING KNOWN AS 38 Central Boulevard, Camp Hill, PA 17011 PARCEL ID NO: 10-21-0277-292 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (OOOI607t} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC., Plaintiff (s) From DANIEL LUGARO AND DORIS LUGARO (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,126.49 L. L. $.50 Interest FROM 11/16/03 TO DATE OF SALE AT $5.45 PER DIEM Atty's Comm % Atty Paid $135.66 Plaintiff Paid Date: AUGUST 25, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 Real Estate Sale #30 On September 01, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 38 Central Boulevard, Camp Hill, more fully described on Exhibit "A" filed with this WTit and by this reference incorporated herein. Date: September 01, 2004 By: ,J6duJmlth Real Estatb Deputy , ' ,~>,,,'J j I,' .J.\.t - L " S. 'I . " J'..L ~ ~ ~ ~ o ~ m ~C5~~ m<~~ad~.m=~0C.".~. o <0 0 Si"(!j :;;;-8 t::I~;::r;::r::!.=:;;:::l:LO~;:r::t::;'w(!jo-e: z-~~~~~n~~ ~o~~g~~~~~n~~n~~o~ w~ ~~~ ~::t w~_ ~n ~q~~~n~~~O~ w~ ~s_~.,,~a_z~""~~ "~~,,~go;:lO~ ~~o 8~~irOor~!.IBR~~RB&B~~~BS.! o ~-'. :::;\lJO""I'_Zl1l::!.~ t1l",c;PJ(tIp:loa<~'-" ~~ ~o~Z0;;oaO~,<z~~ag~;wZo=0'~ 'K 8~~pc~o-z' B=o0BC.e:.a~2~I~g~a ~t'l z~~~~~&~P ~~s.~~t'lg~S08'g~so~21 1?i.'Z 0 Z'1:l("\l '"tlZ~ "t:lo~"'''d'cro.l"'!.()n.'''''::l(\l';:t'''t-J g- ~ :. ~ ~ ~ go SO = p ~ a -'<t q- 8. ~ - ;;; \l-Z g: 0. ~ (Jl ~ 0 ~w ~~~~l1l~ PJ ~~~~~~~~O""I'~ ...t1lq..,o d:. _ U'J . -::I r""(\I~' ......Il.l....(l.'"l.....fr.... l1l e:.~ a~~~c.~~~c. 8'~"mg~c."e:.a"%B"~. oS ~~~~2g~~~ t1l[gg~~S~~~noSo~;&~z ~.,.., ,,,,0 e......("\IO'~ "t:l _;:::rw<;lll", pl..,;:a....o ~~ 000 ~cnoz _~~nl1lCo~~~ _(tI~ 0 ~t'l ~~;:I "'~g~o ~8e:.;i~~"t'l\1e:.~=~0B~ ;:10 ",~" c.'~ ~"O"~~S'~~O-~~,,~'" ""z .". ~ ~oAK'" o~E~~a"~A;:IaOa;:l~o . ,__.... .......... ~ I .......' 11"1'- , ...., . _cro..- ........ -.... ' , -. ~/ ~ o~{J1~~ ~Qj~.:z~Fl;~ 9 ~ .- g a, (J rt t"' > ~ ~z g~gS'::;:i~ d tt)S: ;:I Z c. ;:I a ~ ;;:.. ~ ~ ~. (11_ ("\1';1,<0-"''1:1''-11:, a S,B ~i2,~~g'~;< ~ 2 ~ 0. e (J ~ ~ ~ E'~ ?' g 8 &~ ~~g~~~~~ "0 ~'g g.O~-5H~O~ W~ c:l5" irt~O~aa Po. () ~..... 0'''O::l..... ""'" (Il ;..0 __ ~1l)a.';I:O"" '; rtl ';:l rJI a 11)::: ;is- O'n~:l1l ao ,.tto.'9a. ~ ~ \~ E :II 9 ~ .' . In the Court of Common Pleas of Cumberland County, PA Equity One, Inc. Plaintiff CIVIL ACTION NO.: 03-5163 Civil Term Vs. Daniel Lugaro Doris Lugaro Defendant(s) Praecipe For Writ of Execut on (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Daniel Lugaro Doris Lugaro 4. Real property involved: 38 Central Boulevard Camp Hill, PA 17011 AMOUNT DUE $33,126.49 INTEREST From 11/16/03 to Date of $ Sale at $5.45 per diem TOTAL $ (Costs to be added) March 25, 2005 {00037400} -rcJ ~ \ _ 0 vt iV\\.. 1'\;L - - ~ r f'" 't-J \) [<\ V\',w ..0- ""0 'L- p. "" --+- ~ ~ r-- ~ .-L. ~ ~~ 0- ~ V{ ~ ..... '-J il -<4. Q Vl ...() , .v, - lrt fI? w 0 f"'O 0 Q v, G 0 - () C' .0 \> \ I) \ \ \ ~-U 0 - - ~P- ::::. -.:: - ':: - - - - ~.~r -::. - ~ - ~ ..;., ~~~r7 ri'lf-r, ._,<~-'. y~~~, >'C~ -or ::~ q, ~ ,np I -=Bq ,''''\ - r..n ':::j Sf. ",,-_~-r' ~ '~:,~~~ o '-P. c,;:-" ~ <1' ,,4 - .....> %1\ U" '!O 7" r ALL THAT CERTAIN tract ofland situate in the Township of Hampden, County ofCumberl d and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the western line of Central Boulevard said point being 200 feet Nort of the northwest corner of the intersection to Church Street and central Boulevard; thence in a westerl direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly rection along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction alo gland now or formerly of Fred E. Knackatedt and wife 150 feet to a point on the Westerly line of Cen a1 Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet 0 a point, the place of BEGINNING. BEING lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, a recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No.2, Pa e 39. BEING KNOWN AS 38 Central Boulevard, Camp Hill, P A 17011 PARCEL ID NO: 10-21-0277-292 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00037400) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC., Plaintiff (s) From DANIEL LUGARO AND DORIS LUGARO (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,126.49 L.L. Interest FROM 11/16/03 TO DATE OF SALE AT $5.45 PER DIEM Atty's Comm % Atty Paid $400.51 Plaintiff Paid Date: APRIL 5, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) '- Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 , ( MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Equity One, Inc., Plaintiff in the above entitled cause of action, sets forth as of the d te the praecipe for writ of execution was filed the following information concerning the real property located at 38 Central Boulevard, Camp Hill, PA 17011: 1. Name and address ofOwners(s) or Reputed Owner(s): Daniel Lugaro 38 Central Boulevard Camp Hill, PA 17011 Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on th real property to be sold: Shipley Energy Company 550 E. King Street P.O. Box 946 York, PA 17405 (00037400) . 4. Name and Address of the last recorded holder of every mortgage of record: Equity One, Inc. (Plaintiff herein) 301 Lippincott Drive Marlton, NJ 08053 5. Name and address of every other person who has any record lien on the property: Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, P A 17055 6. Name and address of every other person who has any record interest in the property d whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 38 Central Boulevard Camp Hill, PA 17011 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are ade subject to the penalties of 18 Pa. C.S. Section 4904 relati t swol"A. fal cation to authorities. / Pina S.e Attorney for Plaintiff Date: March 25,2005 [00037400} ~ ~ PO ?j I tJ'\ o <;;; -""". -oi.~';,:l t!)q~\ ~"' :2 ~ St ~ '1...,-, 1'11 r" ..O~ CDY 00 ~?~ /'<:;\11 \.:!" '-P. tJ'\ - ~ .~ MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 38 Central Boulevard, Camp Hill, P A 17011 is scheduled to be sold at Sheriffs Sale on September 7, 2005 at 10:00 am in the Commissio r's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $33,126.49 obtained by Equity One, Ine.. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney or Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or pen the Judgment, if the Judgment was improperly entered. You may also ask the Court to pos one the Sale for good cause. 3 . You may also be able to stop the Sale through other legal proceedings. You may eed an attorney to assert your rights. The sooner you contact one, the more chance you will hav of stopping the Sale. (See Notice on next page and how to obtain an attorney). {00037400} ,. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. ou may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owne of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sh iff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to e ict you. 6. You may be entitled to a share of the money which was paid for your house. ASche ule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by t e Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that oney. The money will be paid out in accordance with this schedule unless exceptions (reasons why proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if au act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE L STED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cwnberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 03-1-01498 (00037400) ,.. ALL TRA T CERTAIN tract of land situate in the Township of Hampden, County of Cumberlan and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the western line of Central Boulevard said point being 200 feet North of the northwest comer of the intersection to Church Street and central Boulevard; thence in a westerly direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly d' ection along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction alo gland now or formerly of Fred E. Knackatedt and wife 150 feet to a point on the Westerly line of Cen al Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet 0 a point, the place of BEGINNING. BEING lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No.2, Pa e 39. BEING KNOWN AS 38 Central Boulevard, Camp Hill, PA 17011 PARCEL ID NO: 10-21-0277-292 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (00037400) (') ~; ~':. , -ni..::[ n1f::' ;~.'?'.' _E._',. U,,,: ;;~(": . 2::( j:~~, ~) -- ....> "'" c" <-' ?::O ~ I <fl ~ ..p, <.f\ Q. ::;:l. ~'::n 1~1r" ~t1'1 ..'r) -:~j .,. -'"") - ~:1~;:l; ,~ -1 <~ ;;:~'~> ?::,ro ~:~ ~9: - ,"., ~ Equity One, Inc. VS Daniel Lugaro and Doris Lugaro In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5163 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Pina Wertzberger. Sheriffs Costs: Docketing Surcharge Poundage Levy Prothonotary 30.00 30.00 1.52 15.00 1.00 $ 77.52 Sworn and subscribed to before me So Answers: This..lI,.<,odayof71t~ ~~~~ , R. Thomas Kline, Sheriff 2005, A.D. '--h > J}. )M. ':t,'" ~. BY. lc c( L )~ Prothonotary Real Eite Deputy I'U'-" 2.n.... 'J '1 'l3 j l?e~ /1.-'019 ~ t MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. : No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro : AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Equity One, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 38 Central Boulevard, Camp Hill, P A 17011: 1. Name and address of Owners(s) or Reputed Owner(s): Daniel Lugaro 38 Central Boulevard Camp Hill, P A 17011 Doris Lugaro 38 Central Boulevard Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Shipley Energy Company 550 E. King Street P.O. Box 946 York, PA 17405 {00037400} , 4. Name and Address of the last recorded holder of every mortgage of record: Equity One, Inc. (Plaintiff herein) 30 I Lippincott Drive Marlton, NJ 08053 5. Name and address of every other person who has any record lien on the property: Township of Hampden 230 S. Sporting Hill Road Mechanicsburg,PA 17055 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 38 Central Boulevard Camp Hill, PA 17011 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relati t swo fal cation to authorities. / Date: March 25. 2005 Pina S.e Attorney for Plaintiff {00037400) MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Equity One, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 03-5163 Civil Term Daniel Lugaro Doris Lugaro Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 38 Central Boulevard, Camp Hill, P A 17011 is scheduled to be sold at Sheriffs Sale on September 7, 2005 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $33,126.49 obtained by Equity One, Ine.. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {00037400) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. 1fthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 03-1-01498 {00037400) ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the western line of Central Boulevard said point being 200 feet North of the northwest corner of the intersection to Church Street and central Boulevard; thence in a westerly direction along land now or late of Charles E. Nailor 150 feet to a point; thence in a Southerly direction along line parallel with Central Boulevard 80 feet to a point; thence in an Easterly direction along land now or formerly of Fred E. Knackatedt and wife 150 feet to a point on the Westerly line of Central Boulevard; thence in a Northerly direction along the Westerly line of Central Boulevard 80 feet to a point, the place of BEGINNING. BEING lot No. 12 and the Northern 30 feet of Lot No. 11, Block "M" Plan of Oakwood Park, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No.2, Page 39. BEING KNOWN AS 38 Central Boulevard, Camp Hill, P A 17011 PARCEL ID NO: 10-21-0277-292 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00037400} WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC., Plaintiff (s) From DANIEL LUGARO AND DORIS LUGARO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,126.49 L.L. Interest FROM 11/16/03 TO DATE OF SALE AT $5.45 PER DIEM Ally's Comm % Atty Paid $400.51 Plaintiff Paid Date: APRIL 5, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary ~ ~: ~Ch &> ,P 'll/2a",-( Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 Real Estate Sale #30 On May 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 36 Central Blvd., Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 09, 2005 By: Joci!..ISY'yui::~ Real Estate Deputy ('~ CUil CUil c:=::s GV uW LZ :b d q- 8dV 5001 ..,'d '),i.':l...',.; :<"h_" .:I.:!1(l31IS :].:0 ::::dj.:l,)