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HomeMy WebLinkAbout04-3274Stipulation ,4gainst Liens TH1SJGREEMENTmadethe q~x byandbetween Thomas Building and Renovation Douglas Thoma~ President 2 Kaseeta Drive, Carlisle, PA 17013 hereiaaflerreferredto ~Contracto~ AND Edward James & Carmen James 80 Moutain St. Mt. Holly, PA 17065 duy of July 2004, Owner. whereby the former undertooh and agreed ta erect and construct o dwelling · hereinafter referred to az on that certain lot of ground situate in in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania being known as lot 1 on a subdivision plan prepared by Brehm-Lebo Engineering, Inc. titled "Final Subdivision Plan for Barbara E. Redmond, located at 80 Mountain Street, Mt. Holly Springs, Pa", recorded in the Cumberland County Recorder of Deeds Office NOtgz THEREFOI~. , THIS AGREEMENT PFITNE$$ETH: That the said .Contractor, for and in consideration of the sam of ($ Z vo) Dollar to it in hand paid by O~ner. the receipt whereof is hereby achnowledged, and the further consideration mentioned in the agreement aforesaia~ for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be fled or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them ander said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor· for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument· waiving the right of lien, shall be an independent covenant. fFITNE$S our hands and seals this ~ day of July 2004 Thomg~'B_ 6~ld~ng and Renovation Douglas Tho s ~ / Carmen ~es ~ Wachovia Bank, National Association fJk/a In The Court of Common Pleas of First Union National Bank, Trustee Cumberland County, Pennsylvania For Pennsylvania Housing Finance Writ No. 2002-3274 Civil Term Agency VS Kimberly A. Foltz and Kenneth L. Foltz, Jr. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attomey Leon Haller. Sheriff's Costs: Docketing 30.00 Poundage 14.63 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 284.00 Patriot News 290.20 Share of Bills 29.26 $ 766.17 paid by attorney 07/06/04 This ¥~' dayof~.. ~~ R. Thomas Kline, Sheriff 2004, A.D. ' B Prothonotary Real Estaf/~ Deputy - WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ KENNETH L. FOLTZ, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiffin the above action, by its attorneys, Purcell, Krug & Hailer, sets forth as of the date the - ' ' · psaempe for the writ of execution was filed, the following information concerning the real property located at 47 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17042: 1. Nm2e and address of the Owner(s) or Reputed Owner(s): KIMBERLY A. FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L. FOLTZ, JR. 47 NORTH 8TH STREET LEMOY-NE, PA 17043 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Equity One, h~corporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 Equity One, Incmporated c/o Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: UNI~dNOWN 6. Nan~e and address of every other person who has any record interest in the property and xvhose interest may be affected by the sale: UNKNOWN 7. Nm2e and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any... DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Vicki Piontek, Esquire P. O. Box 173 Mechanicsbm-g, PA 17055 (In the preceding inforu2ation where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, inforu2ation and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworu ffal~ Leon P. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234~4178 DATE:March 9, 2004 ~0ll 1 .PR05 TA1CE NoTICF": of Real property (real estate) will be held: Tixat Ce 3txeri£fs Sale WednesdaY' lade 09, 2004 D~TE: 10:00 O'clock A.M. LocATION: cumbed~ . Carlisle, Ye ; · fionmain~ cons~ T~ll~ o~ me ¢easme~s erected on me '¢'~ ' f a statenl . ~d an~ °¢er nxa~or ~cATIO~ of ~our prope¢7 to be sold TIdE 4q NOgT~ ~T~ ST~ET LEMO~NE' PENNSNLV~IA l~042 is being sold is dockete0 o~ Pursu~t to ~hich ?our prope~ TIt¢ jUDGmENT under $45,348.50 ]tl~ ~6 County to: AMouNT wit~iin Con~nioliW ea T~E NAMES OF T~ · WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO02-3274 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From KIMBERLy A FOLTZ KENNETH L FOLTZ JR (1) You are directed to levy upon the property of the defendant (s)and DESCRIPTION to sell SEE LEGAL (2) (2) Y~u are a~s~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n 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 thereot~ (3) Ifpr°perty °f the defendant(s) n°t levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify h/m/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 45,348.50 L.L. Interest PER DIEM OF $6.35 TO SALE DATE 6//9/04 ~ .... $3.800.01 Real Estate Sale #78 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 47 North 8th Street, WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF KIMBERL¥ A. FOLTZ KENNETH L. FOLTZ, ,1 DEFENDANT(S) IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTy, PENNSYLVA. CIVIL ACTION LAW NO. 2OO2 3274 IN MORTGAGE FORECLOSURE TAiGE NOTICE: NOT, SHE [7' ESTATE ~NNS~V~ RULE OF CI~L~ROCEDU~ 3129.1 That the 3herif£s Sale of Real Property (real estate) will be he/d: DATE: Wednesday, June 09, 2004 T]TME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Cra'lisle, Pem~sylvm~ia 17013 THE PR OPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundm-ies of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 47 NORTH 8TH STREET LEMOYNE, PENNSYLVANIA 17042 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within ConnnonweaJth and County to: No. 2002 3274 JUDGMENT AMOUNT $45,348.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: KIMBERL¥ A. FOLTz and KENNETH L. FOLTZ, JR. >~ SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by tire Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained fro1Tl the Sheriff of the Court of Coniston Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. iT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT ~;ou may have legal ri~ts to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. 5_7OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cmx~berland County Bm' Association 2 Liberty Avenue Carlisle, pem~sylvania I7013 717-249-3166 Legal Services, Inc 8 Th'vine Row Carlisle, Pmmsylvania 17013 7 ~ 7-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Con2non Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Co~rnnon Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within Comxty. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within Cotmty Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: ,. BEGINNING AT A POINT on the eastern side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late of Frances L Coulson 220 feet to a point on the western line of Hill Alley; thence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L. MAXWELL A/K/A KIMBERLY L. FOLTZ AND KENNETH L. FOLTZ, JR. ON JIIDGMENT NO. 2002 3274. ASSESSMENT #12-21-0267-242 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-3274 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK NATIONAL ASSOCIATION F/KJA FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From KIMBERLY A FOLTZ KENNETH L FOLTZ JR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (2) Y°u are als° 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) Ifpr°perty °f 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 Dues 45,348.50 L.L. Interest PER DIEM OF $6.35 TO SALE DATE 6//9/04 $3,809.94 Atty's Corem % Due Prothy $1.00 At~y Paid $ 929.61 MONTH TO SALE DATE 6/9/04 Plaintiff Paid Date: MARCH 10, 2004 $294.58 Other CostsLATE CHARGES $13.39 PER ESCROW DEFICIT $2,000.00 (Seal) REQUESTING PARTY: Name LEON P HALLER Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 CURTIS R. LONG Protho/~ary Deputy Attorney for: PLAINTIFF Telephone: (717)234-4178 Supreme Court ID No. 15700 Real Estate Sale #78 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 47 North 8th Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael 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 ~ and The ' n ~- ~tri: -? w_ newspapers of general cimulation, 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 thevolume 14, P~age 317.office for the Recording of Deeds in and for said CounI~~' ' ' us Book "M", f/t~t~~;~ Sw°rn t° and~Jubscrib jill°re mo this 28th day,,~, M;)~))04 A.D. ~~ ~, ~ ~y C~mi~ ~r~ ~ 5, 2~l~mmission expires June 6, 2006 ~ ~ Member, Pennsylvania ~leclat ~nel Not~rie~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates 290.20 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general iledge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : 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: APRIL 16, 23, 30, 2004 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 tree. ~ E~TATE 8ALE NO. 78 Writ No. 2002-3274 Civil Wachovia Bank, National Association f/k/a First Union National Bank. Trustee for Pennsylvania Housing Finance Agency VS. Kimberly A. Foltz and Kenneth L. Foltz, Jn Atty.: Leon P. Hailer P. LL THAT CERTAIN piece or pa~- cel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING AT A POINT on the eastern side of Eighth Street. Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline of Market Street; thence in an easterly direction at rtg~ht angles to Eighth Street along e Coyne, r SWORN'-TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Nota~/Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 scribed as BEGINNING AT A poINT on the eastern side of Eighth Street, Dale from the centerline of Market street: easterly direction at thence in an Eighth Street along r~ght angles son 220 feet %o a point on the west- ern line of Hll! Alley; thence in a northerly direction along plill Alley 50 feet 5 inches to a point on the line of lands now or late of ll.B. t~on along the l~s% n%entioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth street; thence in a southerly direction along the east- ern line of Eighth Street 48,5 feet to a point or place of BEGINNING. HAVING THEREON erected a residential dwelling house known as 42 North 8th Street, Lemoyne, pennsylvania 17043. BEING THE SA/vIE pREMISES rl A~ Fol~Z (formerly Ktrnberly 5/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth. L, FoltZ, Jr and y-.imberly A. FoltZ, his wife, ~-~ AS the property of O BE KlmT~ erly L, Max~all a/k/a Ktrnberly L, FoltZ and Kenneth L, Foltz, Jr. on judgment No. 2005 3274, AssESSMENT # 12.~l.0267-~142.