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HomeMy WebLinkAbout08-0123MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 1.06940 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series # 2005-2 20 Broad Street ' New York, NY 10005, Plaintiff, No.: O$ - Ia3 ai i t Term Vs. Larry L. Foster 60 Conrad Road Carlisle, PA 17013, and Kimberly K. Foster 60 Conrad Road Carlisle, PA 17013, CIVIL ACTION MORTGAGE FORECLOSURE Defendants. 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 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. If 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 judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2 20 Broad Street New York, NY 10005, Plaintiff, Vs. Larry L. Foster 60 Conrad Road Carlisle, PA 17013, and Kimberly K. Foster 60 Conrad Road Carlisle, PA 17013, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2 (the "Plaintiff'), is a NY corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 20 Broad Street, New York, NY 10005. 2. Defendants, Larry L. Foster and Kimberly K. Foster, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Larry L. Foster, Defendant, resides at 60 Conrad Road, Carlisle, PA 17013. Kimberly K. Foster, Defendant, resides at 60 Conrad Road, Carlisle, PA 17013. 4. On November 12, 2004, in consideration of a loan in the principal amount of $99,900.00, the Defendants executed and delivered to Equity One, Inc., d/b/a Popular Financial Services an adjustable rate note (the "Note") with interest thereon at 7.8800 percent per annum, payable as to the principal and interest in equal monthly installments of $724.69 commencing January 1, 2005. The current interest rate is 11.875 percent per annum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Equity One, Inc., d/b/a Popular Financial Services a mortgage (the "Mortgage") dated November 12, 2004, recorded on November 18, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1888, Page 1909. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment of mortgage recorded on November 8, 2007 under Mortgage Instrument Number 200742322. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 60 Conrad Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, 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 ..................................$98,183.19 Accrued but Unpaid Interest from 11/1/06 to 12/31/06 @ 7.8800% per annum {00213893} ($21.20 per diem) 1/1/07 to 6/30/07 @ 10.88% per annum ($29.27 per diem) 7/1/07 to 1/7/08 @ 11.875% per annum ($31.94 per diem) ......................................$12,691.61 Accrued Late Charges ....................................$618.77 Corporate Advance ......................................$1,051.67 Escrow Advance ..........................................$2,607.00 Title Search Fees ............................................$350.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 01/07/2008 ........................$116,752.24 Plus, the following amounts accrued after January 7, 2008: Interest at the Rate of 11.875 percent per annum ($31.94 per diem); Late Charges of $36.23 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'l 680.40 1 (c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 60 Conrad Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on March 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $116,752.24, plus the following amounts accruing after January 7, 2008, to the date of judgment: (a) interest of $31.94 per day, (b) late charges of $36.23 per month, (c) plus interest at {00213893} the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTE & ASSOCIATES, LLC Heidi R. ' ak, Esquire Attorney fo Plaintiff {00213893} VERIFICATION I, Heidi R. Spivak, 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. ' 4904, relating to unsworn falsification to authorities. lwalk Name: H ' i R. Spivak, Esquire Title: Attorney • EXHIBITA EXHIBIT "A" LEGAL DESCRIPTION 0 ALL that certain parcel of land and improvements thereon situate in the Township of Middlesex, County of Cumberland and Commonwealth of Pennsylvania, and designated as Parcel No. 21-22-0119-028 and more fully described in a Deed dated May 17, 2001 and recorded May 29, 2001 in Cumberland County in Deed Book Volume 245 at Page 455, granted and conveyed unto Larry L. Foster and Kimberly K. Foster, husband and wife. UNDER AND SUBJECT to all existing easements, covenants, conditions and restrictions of record. A TOHX3 n a 0 T . ?u c`a 100 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00123 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FOSTER LARRY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FOSTER KIMBERLY K but was unable to locate Her COMPLAINT - MORT FORE in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT FOSTER KIMBERLY K 60 CONRAD ROAD CARLISLE, PA 17013 PER LARRY, KIMBERLY HAS NOT LIVED THERE FOR OVER 2 YEARS. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Not Found 5.00 Z. R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 21.00 MILSTEAD & ASSOCIATES 01/16/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00123 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FOSTER LARRY L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOSTER LARRY L the DEFENDANT at 1135:00 HOURS, on the 15th day of January , 2008 at 60 CONRAD ROAD CARLISLE. PA 17013 LARRY FOSTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 00 37.*60 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/16/2008 MILSTEAD & ASSOCIATES By: LItL;,& Deputy Sh ff A.D. MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 1.06940 The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY Certificate Series # 2005-2, Plaintiff, No.: 08-123 Civil Term Vs. Praecipe to Reinstate Complaint in Larry L. Foster, Mortgage Foreclosure and Kimberly K. Foster, Defendants ' TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC )I JA Heidi . Spivak, Esquire Attorney ID No. 74770 ?R # Q ? -fir rlz? MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 32.07358 GreenPoint Mortgage Funding, COURT OF COMMON PLEAS Incorporated, NORTHAMPTON COUNTY Plaintiff, ' b8? la3 Vs. No.. - - - Edgar Riveros-Sanchez, Entry of Appearance and Maria Riveros-Sanchez a/k/a Maria I Riveros-Sanchez, Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, GreenPoint Mortgage Funding, Incorporated, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC 00 t Hei R. Spivak, Esquire Attorney ID No. 74770 ..s £ SHERIFF'S RETURN - REGULAR CASE NO: 2008-00123 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS FOSTER LARRY L ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE the FOSTER KIMBERLY K DEFENDANT at 1350:00 HOURS, on the 27th day of February , 2008 LOT 327 at 7043 CARLISLE PIKE CARLISLE, PA 17013 by handing to KIMBERLY K FOSTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 00 3l/A1D f / 3 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/28/2008 MILSTEAD & ASSOCIATES By: eputy Sheriff -??- of A.D. 6. 1VIILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for COURT OF COMMON PLEAS Equity One, Inc. Mortgage/pass CUMBERLAND COUNTY Through Certificate Series # 2005-2 20 Broad Street New York, NY 10005, Plaintiff, Vs. Larry L. Foster 60 Conrad Road Carlisle, PA 17013, and Kimberly K. Foster 7043 Carlisle Pike, Lot 327 Carlisle, PA 17013, Defendants. No.: 08-123 Civil Term PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Larry L. Foster and Kimberly K. Foster, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $116,752.24 Interest 1/7/08 through 04/21/08 3,353.70 Late Charges 144.92 Additional Corporate Advance 2,601.67 TOTAL $122,852.53 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. A At ?W2 FN Heid A. Spivak, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: Sl? bQ c- I If, ?- - A PROT ONOTARY .. MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster and Kimberly K. Foster, Defendants. Our file number: 1.06940 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term TO: Larry L. Foster Kimberly K. Foster 60 Conrad Road, 7043 Carlisle Pike, Lot 327, Carlisle, PA 17013 Carlisle, PA 17013 DATE OF NOTICE: March 20, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 32 S. BEDFORD STREET CARLISLE, PA 17013 {00020971) Page I of 2 717-249-3166 MILSTEAD & ASSOCIATES, LLC 91-M.A I By: eidi R. Spivak, Esquire ID No. 74770 Attorney for Plaintiff (000209711 Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster, and Kimberly K. Foster, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term VERIFICATION OF NON-MILITARY SERVICE Heidi R. Spivak, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Larry L. Foster, is over 18 years of age and resides at 60 Conrad Road, Carlisle, PA 17013, 3. defendant, Kimberly K. Foster, is over 18 years of age and resides at 7043 Carlisle Pike, Lot 327, Carlisle, PA 17013. '. , P A!,- Heidi/R. Spivak, Esquire ? o n I i? .. r e C-n :a-a 1'.: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Larry L. Foster Kimberly K. Foster The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster, and Kimberly K. Foster, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term NOTICE PURSUANT TO RULE 236 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: HEIDI R. SPIVAK, ESQ. #74770 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. ?/oZ3/08 d"W7 z 4 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster and Kimberly K. Foster, Defendants. CIVIL ACTION NO.: 08-123 Civil Term 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: Larry L. Foster Kimberly K. Foster Real Property involved: 60 Conrad Road Carlisle, PA 17013 Amount Due Interest from 4/22/08 to 9/3/08 at $20.20 per diem (6%) $122,852.53 TOTAL (Costs to be added) DATE: April 21, 2008 Respectively submitted, Milstead & Associates, LLC (44a3 %49 All I 4A Heidi R. Spivak, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 te , A - .a UJ o ?$ 00 p?-aoo 0 O NI v c tr - ' OD rv 0 ,. All that certain lot of ground with the buildings and improvements thereon erected situated in the Township of Middlesex, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: On the East by Conrad Road; on the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Road and extending in depth at an even width from the center line of said Road 223.4 feet, more or less. Being Lot No. 56 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. Tax Parcel No: 21-22-0119-028. Title to said premises vested in Larry L. Foster and Kimberly K. Foster, husband and wife Being known as 60 Conrad Road, Carlisle, PA 17013 Tax Parcel Number: 21-22-0119-028 t trrs MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster and Kimberly K. Foster, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, 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 60 Conrad Road, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Larry L. Foster Kimberly K. Foster 60 Conrad Road 7043 Carlisle Pike, Lot 327 Carlisle, PA 17013 Carlisle, PA 17013 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: John Bogonis 110 W. Harman Drive Carlisle, PA 17015 Citicapital Commercial Corporation 3950 Regent Boulevard Irving, TX 75063 Moffit Heart & Vascular Group 1000 N. Front Street Wormleysburg, PA 17043 4. Name and Address of the last recorded holder of every mortgage of record: The Bank of New York as Trustee for Equity MERS acting solely as Nominee One, Inc. Mortgage/pass Through Certificate For Equity One, Inc. d/b/a Series # 2005-2 Popular Financial Services (Plaintiff herein) 301 Lippincott Drive 20 Broad Street Marlton, NJ 08053 New York, NY 10005 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: Tenant/Occupant 60 Conrad Road Carlisle, PA 17013 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 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. -1 11 F 9.91, 'R 4 0- Hei R. Spivak, Esquire Attorney for Plaintiff Date: April 21, 2008 <?`? -r-t '?"^ :? t'i'1 T + ? 't .... _. ,,. ?:.... ? , ?i ?? .3 . ?_r; .. P'?? -? MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster, and Kimberly K. Foster, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 60 Conrad Road, Carlisle, PA 17013, is scheduled to be sold at sheriff's sale on September 3, 2008 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $122,852.53 obtained by The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & 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 following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 & Associates 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 at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.06940 All that certain lot of ground with the buildings and improvements thereon erected situated in the Township of Middlesex, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: On the East by Conrad Road; on the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Road and extending in depth at an even width from the center line of said Road 223.4 feet, more or less. Being Lot No. 56 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. Tax Parcel No: 21-22-0119-028. Title to said premises vested in Larry L. Foster and Kimberly K. Foster, husband and wife Being known as 60 Conrad Road, Carlisle, PA 17013 Tax Parcel Number: 21-22-0119-028 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-123 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS THROUGH CERTIFICATE SERIES #2005-2 Plaintiff (s) From LARRY L FOSTER and KIMBERLY K. FOSTER (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 $122,852.53 L.L.$ 0.50 Interest from 4/22/08 to 9/03/08 at $20.20 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $222.32 Other Costs to be added Plaintiff Paid Date: 4/24/08 Pr thonotary (Seal) By: REQUESTING PARTY: Name: HEIDI R. SPIVAK, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Deputy Telephone: 856-482-1400 Supreme Court ID No. 74770 The Bank of New York as Trustee for Equity In the Court of Common Pleas of One, Inc. Mortgage/Pass Through Certificate Cumberland County, Pennsylvania Series #2005-2 Writ No. 2008-123 Civil Term VS Larry L. Foster and Kimberly K. Foster Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2008 at 1148 hours, he served a true copy of the within Real Estate Writ,' Notice and Description, in the above entitled action, upon the within named defendant, to wit: Larry Foster, by making known unto Larry L. Foster personally, at 60 Conrad Rd., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Kimberly K. Foster, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description, as NOT FOUND, as to Kimberly K. Foster. Per the post office the defendant is not known at the address given. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2008 at 1326 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Larry L. Foster and Kimberly K. Foster located at 60 Conrad Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Larry L. Foster by regular mail to his last known address of 6o Conrad Road, Carlisle, PA 17013. This letter was mailed under the date of July 2, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Heidi Spivak. Sheriff s Costs: Docketing 30.00 Poundage 18.85 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 15.00 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 cr c?a ? fa L LL C7 °` ° 7 J c ? Law Journal 355.00 Patriot News 294.80 Share of Bills 17.64 $846.23 ??aH?°? `9" ers: R. Thomas Kline, Sheriff Blidt' J Real Estat Sergeant co 5-V ?,t11 337 MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster and Kimberly K. Foster, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, 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 60 Conrad Road, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Larry L. Foster Kimberly K. Foster 60 Conrad Road 7043 Carlisle Pike, Lot 327 Carlisle, PA 17013 Carlisle, PA 17013 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: John Bogonis 110 W. Harman Drive Carlisle, PA 17015 Citicapital Commercial Corporation 3950 Regent Boulevard Irving, TX 75063 MofFit Heart & Vascular Group 1000 N. Front Street Wormleysburg, PA 17043 w 4. Name and Address of the last recorded holder of every mortgage of record: The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2 (Plaintiff herein) 20 Broad Street New York, NY 10005 MERS acting solely as Nominee For Equity One, Inc. d/b/a Popular Financial Services 301 Lippincott Drive Marlton, NJ 08053 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: Tenant/Occupant 60 Conrad Road Carlisle, PA 17013 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 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 unworn falsification to authorities. J ei R. pivak, Esquire Attorney for Plaintiff Date: April 21, 2008 A MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2, Plaintiff, Vs. Larry L. Foster, and Kimberly K. Foster, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-123 Civil Term NOTICE OF SHERRFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 60 Conrad Road, Carlisle, PA 17013, is scheduled to be sold at sheriff's sale on September 3, 2008 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $122,852.53 obtained by The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2005-2. 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: 1. The Sale will be cancelled if you pay to Milstead & 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 following page on how to obtain an attorney), YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 & Associates 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 at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.06940 All that certain lot of ground with the buildings and improvements thereon erected situated in the Township of Middlesex, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: On the East by Conrad Road; on the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Road and extending in depth at an even width from the center line of said Road 223.4 feet, more or less. Being Lot No. 56 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. Tax Parcel No: 21-22-0119-028. Title to said premises vested in Larry L. Foster and Kimberly K. Foster, husband and wife Being known as 60 Conrad Road, Carlisle, PA 17013 Tax Parcel Number: 21-22-0119-028 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-123 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS THROUGH CERTIFICATE SERIES #2005-2 Plaintiff (s) From LARRY L FOSTER and KIMBERLY K. FOSTER (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 $122,852.53 L.L.$ 0.50 Interest from 4/22/08 to 9/03/08 at $20.20 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $222.32 Other Costs to be added Plaintiff Paid Date: 4/24/08 Prothono (Seal) By: Deputy REQUESTING PARTY: Name: HEIDI R. SPIVAK, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 74770 Real Estate Sale #02 On April 30, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 60 Conrad Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference ' incorporated herein. Date: April 30, 2008 By: ^ ,? rr Real Es Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 1 Ysa-Maril Coyne, Edikor SWORN TO AND SUBSCRIBED before me this !.day of August, 2008 i LL • ( i?GLG1?QJ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Comm Um Expoes Apr 28.2010 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25 and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ''MM i Writ No. 2008-123 Civil The Bank of New York as Trustee for Equity One, Inc. Mortgage/Pass Throuqh Certificate Series #2005-2 vs. Larry L. Foster and Kimberly K. Foster Atty.: Heidi Spivak All that certain lot of ground with the bum n1111- the Tv0 d Of Ct, of Pia soft podooftib bounded and descn'bed as follows, to wit: On the East by Conrad Road; on the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Road and extend- ing in depth at an even width from the center line of said Road 223.4 feet, more or less. Being Lot No. 56 on the Dale Fet- row Revised Plan of Lots, which said Plan is recorded in the Recorder's office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. Tax Parcel No: 21-22-0119-028. Title to said premises vested in Larry L. Foster and Kimberly K. Fos- ter, husband and wife. Being known as 60 Conrad Road, Carlisle, PA 17013. Tax Parcel Number: 21-22-0119- ,028. . The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fe Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 Sworn to aril subscri d beforeeme Fiis dayf August, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Shen* L Kbw, NNooWy pubk * C > inea Nov? 11 Member, Panty fft MiodaNon of Notaries Rai Estate Sale No. 2 Writ No. 2009-123 Civil Term The Bank of New Yorkas Trustee for E*ft One, Inc. Mortgage/ Pass Through Certificate Series #2005-2 VS Larry L. Foster and Kimberly K. Foster Attorney Holdl Spivak LEGAL DESCRIPTION All that certain lot of ground with the buildings and improvements thereon erected situated in the Township of Middlesex, Countyof Cumberland, and Commonwealthof Pennsylvania, more particularly bounded and described as follows, to wit: On the East by Conrad Roadon the North by Lot No. 55 on the hereinafter mentioned Revised Plan of Lots; on the West by lot No. 38 on said Plan; and on the South by Lot No. 57 on said plan. Being fifty (50) feet on said Conrad Roadand extending in depth at an even width from the center line of said Road 223.4 feet, more or less. Being Lot No. 56 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. Tax Parcel No: 21-22-0119-028. Title to said premises vested in Larry L. Foster and Kimberly K. Foster, husband and wife Being known as 60 Conrad Road, Carlisle, PA17013