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HomeMy WebLinkAbout04-5580 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, lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street, 15th Floor New York, NY 10001, Plaintiff, Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, and Andrea M. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, Defendants. {00022517} : COURT OF COMMON PLEAS : CUMBERLAND COUNTY ~ No.: 04 -~Sp{) CL~(),-l'-r82...W\ : CIVIL ACTION : MORTGAGE FORECLOSURE 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, P A 17013 (717249-3166 (800) 990-9108 {00022517} ***********~*****************~*****k************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT **************************.k**~********k***k****************************************************** 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. {00022517} 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, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 JP Morgan Chase Bank, as Trustee for Equity One, ADS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street, 15th Floor New York, NY 10001, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY ~ No.: 04 - ss-fO C.lo"tT€./L~ Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, CIVIL ACTION MORTGAGE FORECLOSURE and Andrea M. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001- 3 (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 450 West 33rd Street, 15th Floor, New York, NY 10001. {00022517} 2. Defendants, Eric P. Kropiewnicki and Andrea M. Kropiewnicki, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Eric P. Kropiewnicki, Defendant, resides at 433 Hogestown Road, Mechanicsburg, PA 17050 and Andrea M. Kropiewnicki, Defendant, resides at 433 Hogestown Road, Mechanicsburg, P A 17050. 4. On June 22, 2001, in consideration of a loan in the principal amount of 127,800.00, the Defendants executed and delivered to Equity One, ABS, Inc. a note (the "Note") with interest thereon at 8.25% per annum, payable as to the principal and interest in equal monthly installments of $960.12 commencing August 1,2001. 5. To secure the obligations under the Note, the Defendants executed and delivered to Equity One, ABS, Inc. a mortgage (the "Mortgage") dated June 22,2001, recorded on June 26, 2001 in the Department of Records in and for the County of Cumberland under Mortgage Book 1724, Page 616, et seq. The Mortgage was assigned to JP Morgan Chase Bank which assignment was recorded on September 11, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 690, Page 660, et seq. Plaintiff is the proper party Plaintiff by limited Power of Attorney dated December 17, 2003 between Equity One and Plaintiff. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 433 Hogestown Road, Mechanicsburg, PA 17050. 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 {00022517} because payments of principal and interest due April 1, 2004, 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 $124,666.19 Accrued but Unpaid Interest from 3/1/04 through 11/2/04 @ 8.25% per annum ($28.18 per diem) $ 6,960.46 Accrued Late Charges $ 271.80 Title Search Fees $ 200.00 Reasonable Attorney's Fees $ 1250.00 Deferred Late Charges $ 112.28 NSF Fees $ 25.00 Corporate Advance $ 48.00 Forbearance Suspense $ (79.76) TOTAL as of 11/2/04 $ 133,453.97 Plus, the following amounts accrued after 11/2/04: Interest at the Rate of 8.25% per annum ($28.18 per diem); Late Charges of$48.01 per month. 9. Plaintiffhas complied fully with Act No. 91 (35 P.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 433 Hogestown Road, Mechanicsburg, PA 17050 on July 1,2004, the notice {00022517} pursuant to ~ 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. 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, $133,453.97, plus the following amounts accruing after 11/2/04, to the date of judgment: (a) interest of$28.18 per day, (b) late charges of$48.01 per month, (c) plus interest at 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. MILSTEAD & ASSOCIATES, LLC {00022517} VERIFICATION I, Pina S. Wertzberger, 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.9 4904, relating to unsworn falsification to authorities. {00022517} ALL THAT CERTAIN piece or parcel of land with the buildings an~ improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a re-bar set on the Southwest side of Hogestown Road, PA #114 (80 foot wide right of way) at a corner of property now or formerly of Roy D. Kunkle and Bernadine E-. Kunkle, his wife; thence extending from said beginning point and along Southwest side of Hogestown Road, PA, #114, by a curve to the left having a radius of 1,313.57 feet and length of 143.71 feet to a re-bar set at a corner of property now or formerly of R.P. Lambert and Pearl M.' Lambert, his wife, thence extending along same, South 81 degrees 5 minutes 00 seconds West, 295.04 feet to a corner of property, now or formerly of Mary E. Dull; thence extending along same, North 28 degrees 15 minutes 00 seconds West, 150.00 feet to a re-bar set at a corner of property now or formerly of Roy D. Kunkle and Bernadine E. Kunkle, his wife aforementioned; thence extending along same, North 81 degrees 5 minutes 00 seconds East, 320.22 feet to the first mentioned re-bar set and place of BEGINNING: HAVING THEREON ERECTED a one-story dwelling and block garage, known and numbered as 433 Hogestown Road, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT nevertheless, to easements, restrictions, reservations, conditions an~ right of way of record. ~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morti~e of your home is in default. ::t'ld the lender iutends to foreclose. Specific information about the o::tture of the default is provided in the att::t"hed p~~. The HOMEOWNER'S MORTGAGE A!':SISTANCE PROGRAM (J-lF.MAP) may be able to H~lp !;ave your home. This notice explains how the Dro~ram works. To see ifHF.MAP r~n helP. you must MHET WIlli A CONSUMER CREDIT COUNSELING AGENCY WITIIIN 30 DAYS OF THE DATE OF TIllS NOTICE. Take this notice with vou when vou meet with the Counselilli AienQy. The name. address ::tnd phone number of Consumer Credit CounseliQi Aiencies serviciIla your County are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (persons with im.p;lired hellri"i C::In call (717) 780-1869. 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 IMJ>ORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO 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 NUNffiRO 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 HIPOTECA. _tPAt O3IJtln to:11 aooaw 07lO2101 CMEQTsa IDZ ....-.. July 1, 2004 111"" OS". 01:12 OODOOQ' GTID2IM CMEo.'TlO2 2 OZ ~ Eric p. Kropiewnic:ki 433 HOGESTOWN ROAD MECHANICSBURG PA 17050-3114 LOAN ACCTNO.: 274178 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDER/SER VICER: Equity One, Inc. YOU MAYBE ELIGlHT.F; FOR FINANCIAL ASSISTANCE WHICH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE 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 1EMPORARY ST 1\ Y OF FORECLOSURR - 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-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. IHlS MRRTING MUST OCCUR WITHIN THE NRXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCF.. YOU BRING YOUR MORTGAGE UP TO OATF.. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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. The n::unes. addresses ::md telQphone numbers of desiinated con~lImer cOlln~elir\a aiencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - 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 conswner 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. YOU MllSl: FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY 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 Permsylvania Housing Finance Agency has sixty (60) days to make a decision after it 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 OF THIS NOTICE IS FOR INFORMATION PURPOSES ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT 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 TURR OF TIfF. DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 433 HOGESTOWN ROAD MECHANICS BURG P A 17050 Sl1PAS 04107101 1440 0lII0CMf I7IUt04 CICQ.TSO:l I oz GCIaQOIW7'S IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: April 2004 - July 2004 at $960.12 per month, totaling $3,840.48 plus the following: Escrow: $0.00 Current Late Charges: $127.77 Deferred Late Charges: $112.28 NSF Charges: $25.00 TOTAL AMOUNT PAST DUE: $4,025.77 flOW TO CURF. THF. DF.FAULT- You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3,840.48 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Equity One, Inc. 301 Lippincott Drive. Suite 100 Marlton. New Jersey 08053 IF YOU DO NOT CURF. THF. DF.FAUT ,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. Iffull 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 mF. MORTGAGF. IS FORRel,OSF.D UPON - 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, if legal 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. Uyou cure the default within the THIRTY (30) DAY period, you wiD not be required to pay attorney's fees. OTHRR LENDER }IF.MRDlRS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have not cured the default within the TIIIRTY (30) DAY period and foreclose proceedings have begun, you \\rill 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing tbe default in tbe manner set fortb in tbis notice will restore your mortgage to tbe same position as if you bad never defaulted. II.'-M 04I07tQ 14:10 00000O' 07"114 IlUCQ'faCI' Z oz DOIU04I1I EARUEST POSSIBLE SHERIFF'S SAT.E DA TF. - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date ofthis 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 wbat the required payment of the action will be by contacting the lender. HOW TO CONTACT THR LRNDRR: Name of Lender: Address: Phone Number: Contact Person: Equity One, Inc. 301 Lippincott Drive, Suite 100 Madton, New Jersey 08053 1-866-361-3460 Timothy Tracy RFFRCT OF TIffi SHRRTFF'S SALF. - 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGt\.GF. - 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. 30 I Lippincott Drive, Suite 100 Marltan, NJ 08053 1-856-396-3606 YOU MAY AT.SO HAW THR RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE TIllS DEFAULT CURED BY ANYTIllRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER., YOU DO NOT HAVE nns RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. 11"". MfQ7fOS \kU 00I0M7 O1ta2104 C-.a.TScl1 2 OZ oaIaOU7'I Pennsylvania Housing Finance Agency Homeowner's EmeMlngency Mortgage Assistance Program Consu..r CI"8CII t Counselt ng Agenctes CUMBERLAND AdamS County Housing Authority 138-143 Carlfsle St. Gettysburg PA 17325 (7f7) 334-1518 FAX (717) 334-8328 kledfordPa~cha.ors CCCS of Western PA 2000 Llnglestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4870 jcorr.ll~spa.org Communfty Action Commission of Captlal Region 1514 Derry Str..t Harrisburg PA 17104 (717) 232-1757 fAX (717) 234-2227 lufcacfpaonl1n8.COIlI FInancIal Counsel ing ServIces of Frankl In 43 Philadelphia Avenue Wayne.bora PA 17268 (717) 762-3285 717-762-0480 nata 11eHcsl .COIlI Loveship, Inc. 2320 North 5th Str..t Harrisburg PA 17110 (717) 232-2207 lsopportunltle...ol.co. PHFA 2101 North Frant Street Harrisburg PA 17110 800-342-2387 7177803995 drotzllphfa.org Urban League of Metropolftan Hbg 2107 N. 8th Street HarrIsburg PA 17101 (717) 234-5825 FAX (717) 234-8458 rnbu 1 mhfIao I . COlI :J""H!" O4IMin 13.10 CIOCIOM7 01102104 ~MIQTS02 I 0% IOM>>a1't ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is !In offici!ll notice th!lt the mortiaie of your home is in default. !lnd the lender intends to foreclose. Specific infonn!ltion about the nature of the default is provided in the attached p3j:es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (ffF.MAP) m~ be able to Help save your home. This notice explains how the program works. To see ifHF.MAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITlllN 30 DAYS OF TIlE DATE OF n-nS NOTICE. Take this notice with vou when vou meet with the Coum:elin.a Aiency. The Dllme. address llnd phone Dumber of Consumer Credit Counselilla ~encies servici"i your County are listed at the end of this Notice. If you have anv Questions. vou may call the Permsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (persons with imp::lired he::lriT\i C'~n ~1I (717) 780-1869. This Notice contains legal infonnation. 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 IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO 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 ELEGIBLE 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 HIPOTECA. ."AI 03111'01 to:\1 0Il0llIMI OfIUf14 CMlQ.TSQ .DZ __ July 1, 2004 )I"AI OIlIlt#D:I DJ;U CJIIDIO.- 071Oa1M CN!Q.noZ 2 OZ ~, Andrtla m. Krop t ewn t ck t 433 HOGESTOWN ROAD MECHANICS BURG PA 17050-3184 LOAN ACCT NO.: 274178 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDER/SERVICER: Equity One, Inc. YOU MAY BE FT ,IGmT.E FOR FINANCIAT . ASSISTANCE wmCH CAN SA VF YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE 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 PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORJ;:CI,OSURE - 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-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. IHlS MEETING MUST OCCUR WITHIN TlIF. NEXT (30) DAYS. IF YOU DO NOT APPT Y FOR EMERGENCY MORTGAGE A~ST~TANCF.. YOU RRING YOUR MORTGAGE UP TO nATE. THF PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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. The names, adclresses I'Ind telephone numbers of deSlarated conmImer coun~eling ~encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender inunediately of your intentions. APPLICATION FOR MORTGAGF. ASSISTANCE - 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 f1.l1 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. YOU MllSI FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGF.NCY 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 it 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 OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stiJI apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NA TURF. OF THE DF.F AUL T - The MORTGAGE debt held by the above lender on your property located at: 433 HOGESTOWN ROAD MECHANICS BURG P A 17050 ."4J D4I07I01 1~40 000004I .''''IIM CMI4n02 t oz .......,. IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MON1HL Y MORTGAGE PAYMENTS for the following months are now past due: April 2004 - July 2004 at $960.12 per month, totaling $3,840.48 plus the following: Escrow: $0.00 Current Late Charges: $127.77 Deferred Late Charges: $112.28 NSF Charges: $25.00 TOTAL AMOUNT PAST DUE: $4,025.77 HOW TO CURE THR DEFAULT. 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 $3,840.48 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Equity One, Inc. 301 Lippincott Drive. Suite 100 Marlton. New Jersey 08053 IF YOU DO NOT CURE THE DEFAUT,T -If you do not cure the default '\\'ithin TIllRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort2age 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 TIllRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECT,OSED UPON - 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, if legal 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. Uyou cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER RF.MEDIRS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE TlJR DEFAULT PRIOR TO THE SHERIFF'S SAI,E - If you have not cured the default within the TIllRTY (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 \\'ith the Sheriffs Sale as specified in writing by the lender and by performing 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. ."'41 0I#07,1OS 14:10 000DMa o'#lafM CMIQ.TS02 ZGZ ~,. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. 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 THR I.ENnER: Name of Lender: Addres!l: Phone Number: Contact Person; Equity One, Inc. 30 I Lippincott Drive, Suite 100 Marlton. New Jersey 08053 1-866-361-3460 Timothy Tracy F.FFRCT OF THF. SHF.RIFF'S SAI.F. - 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - 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 Marlton, NJ 08053 1-856-396-3606 YOU MAY ALSO HAW THF. RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIffi DEBT. TO HA VB TInS DEFAULT CURED BY ANY TIllRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VB TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTIIER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER mE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. ."'AI 04ID7/D:11 1lI:42 ClQllClOU 1710_ C_a.TSD2 IOZ 0CJI.UMI7tl Pennsylvania Housing Finance Agency HolII8owner /. E...rengency Mortgage Ass I stance Progralll Consumer Credit Counseling Agencies CUMBERLAND Adams COUnty Housing Authority 138-143 Carlisle St. Gettysburg PA 17325 (717) 334-1518 FAX (717) 334-8328 kledfordPadamscha.org cees of Western PA 2000 Llngle.town Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4870 jcorr.ll~spa.org CollllUn I ty Act I on CoIlIIlI ss I on of Capt I a1 Reg I on 1514 Derry Street Harrisburg PA 17104 (717) 232-8757 FAX (717) 234-2227 lufcaclpaonltne.co. Ftnanclal Counseltng Servtces of Frankltn 43 Philadelphia Avenue Waynesboro PA 17288 (717) 782-3285 717-782-0480 natalleffcsl.com Loveshtp, :Enc. 2320 North 5th Street HarrIsburg PA 17110 (717) 232-2207 lsopportuntttes"ol.com PHFA 2101 North Front street Harrisburg PA 17110 800-342-2387 7177803885 drotzlphfa.org Urban League of Metropol I tan tI;)g 2107 N. 8th Street Harrtsburg PA 17101 (717) 234-5825 FAX (717) 234-8458 rnbu llllhflao 1 . COli 'OJ 13:20 000llMI t7toa1M CMEOT1Q 1 oz """1 ;d (J ~ '[ ~ 1 :if ~ --- V, a ,......, !...J ~ 0 0 C' C~ " :.;.:..... .z:- -..0 ;:~;_"l ; :r. -~ -," ~ -cJ <."::1 m;g . , -: -'ph"] ~ ..~. . , :0 s.: (.1)) _...' . Ul C) (: ..::".tC> .~r~ -r f y j:.:.. .,., (.';i;5 /.. I 3: Pc: C.,) ();'n -;>- ...-\ ~ r....:> 5J ..z:;- -< lP Morgan Chase Bank as Trustee For Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 450 West 33rd Street, 15th Floor New York, NY 10001 Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050 04-5580 DEFENDANT'S PRELIMINARY OBJECTIONS 1. Plaintiffs and its attorney have not complied with the Pennsylvania Rules of Civil Procedure, namely Rule 1024 relating to a signed VERIFICATION. 2. Rather than have the Plaintiffsign the verification, the Plaintiff's attorney have attempted to escape the requirements of Rule 1024 by having the Plaintiff s attorney improperly sign the verification. 3. The Plaintiff s attorney should have had an agent of the mortgage company properly sign the verification, rather than signing the verification himself / herself. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint for failure to comply with Pennsylvania's pleading requirements. In the alternative, Defendant request that this Honorable Court direct Plaintiff to amend its Complaint to conform to Rule 1024, and to serve a copy upon Defendants' attorney, Vicki Piontek, Esquire, 24 West Governor Road, Hershey P A 17033. u~p,~ Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-571-4394 td-~/ol1 Date IP Morgan Chase Bank as Trustee For Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 450 West 33rd Street, 15th Floor New York, NY 10001 Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050 04-5580 CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and that on the 8+ '" day of _ D ~ c...~ .,.2004, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached PRELIMINARY OBJECTIONS on Plaintiffs attorney at the following address: Milstead and Associates Pin a Wertzberger, Esquire 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 \) i~?\'~ Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-571-4394 I @to ~ Date .f' 0 ......) c: ~:::7") C: c:::::t .J:'" -1"1 \ CJ --I r"1'1 -'1'- r r;; 'T\ i: .: c.,.) ~XJ l'i.../ -., ~.) , ..~, ':t ~ ,} '. , I ,'r; :::-:1 -< (...) r,-, Stephen D. Tiley, Esquire Frey and Tiley Attorneys for Respondent Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, Pennsylyania 17013 Supreme Court No. 32318 Tel.: 717-243-5838 Fax.: 717-243-6441 IN RE: APPEAL OF ROBC LIMITED PARTNERSHIP Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2004-5680 CIVIJL TERM BOARD OF ASSESSMENT APPEALS, Respondent ANSWER AND NOW, comes Cumberland County Board of Assessment Appeals, and County of Cumberland, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer of which the following is a statement: 1-4. Admitted. 5. Admitted. By way of further Answer, the appeal to Court being de novo, the assessment appealed is that originally fixed by the Cumberland County Assessment Office, to wit: $8,316,000. 6. Denied. The averments of this paragraph, and each of its sub-lettered paragraphs "a" through "m," set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. ROBC Limited Partnership Assessment Appeal Page 1 of2 WHEREFORE, Respondents/Appellees, Cumberland County Board of Assessment Appeals, and County of Cumberland, pray Your Honorable Court for an Order denying Appellant's appeal and setting the value of the subject property at $8,316,000.00, or such other amount as the Court may deem just and proper. Dated: /-f-r}.6Jt? Y . I Respectfully submitted, ~l /J~ By. ~ 7 Stephen D. Tiley, Esquire Attorney for Respondent 5 South Hanover Street Carlisle, P A 17013 (717) 243-5838 Supreme Court I.D.#32318 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Answer is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: /~//i )0'/ ~~or~cm~b- ROBe Limited Partnership Assessment Appeal Page 2 of2 IN RE: APPEAL OF ROBC LIMITED PARTNERSHIP Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2004-5680 CIVIL TERM BOARD OF ASSESSMENT APPEALS, Respondent CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer by placing a true and correct copy of the same in the United States mail, postage pre-paid, addressed to: BERT M. GOODMAN, ESQUIRE Attorney for Appellant 60 Soldiers Square Wayne, P A 19087 Attorney I.D. #21559 JERRY R. DUFFIE, ESQUIRE Attorney for Cumberland Valley School District P.O. Box 109 301 Market Street Lemoyne, P A 17043 STEVEN A. STINE ESQUIRE Attorney for Silver Spring Township 23 Waverly Drive Hummelstown, P A 17036 Date: /~~~&J V / / _#-AJ-? ~ Stephen D. Tiley, Esquire Assistant Cumbo Co. Solicitor 5 S. Hanover Street Carlisle, P A 17013 (717) 243-5838 Attorney I.D.#32318 (' .~ -.:. en " " <C~. " ;:i:! r"'::.' I' . C) ,.-- '- "71 r:~~ ,,,41 ,. - r 1 .--l ;~.~~ ,;"; i (. II li "I 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 JP Morgan Chase Bank, as Trustee for Equity One, Inc., ABS, Mortgage Pass- Through Certificates, Series 2001-3, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 04-5580 Civil Term Vs. and Praecipe to Reinstate Complaint in Mortgage Foreclosure Eric P. Kropiewnicki, Andrea M. Kropiewnicki, Defendant(s). TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. {00026433} 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, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 JP Morgan Chase Bank, as Trustee for Equity One, ADS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street, 15th Floor New York, NY 10001, Plaintiff, Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, and Andrea M. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, Defendants. : COURT OF' COMMON PLEAS : CUMBERLAND COUNTY : No.: 04-5580 Civil Term 1 sf AMENDED CIVIL ACTION MORTGAGE FORECLOSURE {00022517} 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 (~!O) days after this complaint and notice are served, by entering a written appearam:e personally or by attorney and filing in writing with the Court your defenses or objElctions to the claims set forth against you. You are warned that if you fail to do so thl~ 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 (717249-3166 (800) 990-9108 {00022S17} *****************************************************************t,******************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT *****************************************************************t,******************************** 1. This communication is from a debt collEtctor. This is an attempt to collect a debt and any information obtained will be uSI~d 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 ()ffices 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 01ffices. {00022517} 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, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street, 15th Floor New York, NY 10001, COURT OF' COMMON PLEAS CUMBERLAND COUNTY Plaintiff, : No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, : 1st AMENDIE:D CIVIL ACTION : MORTGAGE FORECLOSURE and Andrea M. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 450 West 33rd Street, 15th Floor, New York, NY 10001. {00022517} 2. Defendants, Eric P. Kropiewnicki and Andrea M. Kropiewnicki, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Eric P. Kropiewnicki, Defendant, resides at 433 Hogestown Road, Mechanicsburg, PA 17050 and Andrea M. Kropiewnicki, Defendant, resides at 433 Hogestown Road, Mechanicsburg, P A 17050. 4. On June 22,2001, in consideration of a loan in the principal amount of 127,800.00, the Defendants executed and delivered to Equity One, ABS, Inc. a note (the "Note") with interest thereon at 8.25% per annum, payable as to the principal and interest in equal monthly installments of$960.12 commencing August 1,2001. 5. To secure the obligations under the Note, the Defendants executed and delivered to Equity One, ABS, Inc. a mortgage (the "Mortgage") dated June 22, 2001, recorded on June 26, 2001 in the Department of Records in and for the County of Cumberland under Mortgage Book 1724, Page 616, et seq. The Mortgage was assigned to lP Morgan Chase Bank which assignment was recorded on September 11, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 690, Page 660, et seq. Plainti1fis the proper party Plaintiff by limited Power of Attorney dated December 17,2003 between Equity One and Plaintiff. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "'Mortgaged Premises"): 433 Hogestown Road, Mechanicsburg, PA 17050. 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 {00022517} because payments of principal and interest due April 1, 2004, 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, es,crow 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 $124,666.19 Accrued but Unpaid Interest from 3/1/04 through 11/2/04 @ 8.25% per annum ($28.18 per diem) $ 6,960.46 Accrued Late Charges $ 271.80 Title Search Fees $ 200.00 Reasonable Attorney's Fees $ 1250.00 Deferred Late Charges $ 112.28 NSF Fees $ 25.00 Corporate Advance $ 48.00 Forbearance Suspense $ (79.76) TOTAL as of 11/2/04 $ 133,453.97 Plus, the following amounts accrued after 11/2/04: Interest at the Rate of 8.25% per annum ($28.18 per dit~m); Late Charges of$48.01 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.SI680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Perm sylvania, by mailing to the {00022517} Defendants at 433 Hogestown Road, Mechanicsburg, P A 17050 on July 1, 2004, the notice pursuant to 9 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. 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, $133,453.97, plus the following amounts accruing after 1112/04, to the date of judgment: (a) interest of$28.18 per day, (b) late charges of$48.01 per month, (c) plus interest at 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. MILSTEAD & ASSOCIATES, LLC {00022517} VERIFICATION The undersigned, _~\ t \\ ~ ~ CK- '\\, {):\ ' hereby certifies he/she is the /'. M:s""t\t\oCyt V'\ C) ~(f6~C\f\~fthe Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. 4904 relating to unsworn falsification to authorities. \fY1 n 0 I ;0C\.l)~ ~t(SS~ ~'I(j) Title: (-t~,,;:,\ <to(*V~ cl r (-f~de& ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in Silver Spri~g Township, Cumberland 'County, pennsYl~ania, bounded and described as follows: BEGINNING at a re-bar set on the Southwest side of Hogestown Road, PA 1114 (80 foot wide right of way) at a corner of property now o~ formerly of Roy D. Kunkle and Bernadine g. Kunkle, his wife; thence extending from said beginning point and along Southwest side of Hogestown Road, PA, #114, by a curve to the left having a radius of 1,313.57 feet and length of 143.71 feet to a re-bar set at a corner of property now or formerly of R.P. Lambert and Pearl M.. Lambert, his wife, thence extending along same, South 91 degrees 5 minutes 00 seconds West, 295.04 feet to a corner of property, now or formerly of Mary E. Dull; thence extending along same, North 28 degrees 15 minutes 00 seconds west, 150.00 feet to a re-bar set at a corner of property now or formerly of Roy D. Kunkle and Bernadine E. Kunkle, his wife aforementioned; thence ~xtending .along same, North 81 degrees 5 minutes 00 seconds East, 320.22 feet to the first mentioned re-bar set and place of BEGINNING ~ ; HAVING THEREON ERECTED a one-story dwelling and block garage, known and numbered as 433 Hogestown Road, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT nevertheless, to easements, restrictions, reservations, conditions an~ right of way of record. '. ". ACT 91 NOTICE TAKE ACTION TO :SA VE YOUR HOME FR()M FORECLOSURE This is an official notice that the mo~~ of your home is in default. and the lender intends to foreclose. Specific information about the nature of the defaillt is provided in the attached p~es The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRA M lHEMAP\ mlQ' be able to Help save your home. This notice eXDlains bow the DrOlZram works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY wrnnN 30 DAYS OF lEE DATE OF TIllS NOTICE. Take this notice with you when you meet with the Counselinr A~enc;y The name address and phone number of Consumer Credit Counseling Aiencies !;ervicin~ your County are listed at the end of this Notice. livou have any ouestions. vou may call the Pennsylvania Housinl!: Finance A2encv toll free at 1-800-342-2397 (Persons 'with impaired hearini can ca 11 ('717) 780- 1869 This Notice contains legal information. !fyou have any questions, representl1ives at the Consumer Credit Counseling Agency may be able to help explain it Yon may also want to contact an attorney in your area. The local bar association may be able to help you find a Inwyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVlENDO EN SI CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTffiCACION OBTENGA UNA TRADUCCION lMMEDIATAMENfE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN C.ARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROORAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. _"AI ''''IID .t:'1 IIIIDllDC1 D11021rM CMEGTaa: ,0% .......... July 1, 2004 ."AI OIIID1l1S Dt:U UDDN7 at'" CMED.'TIlD2 Z OZ ......,. Eric p. KropillWl1icki 433 HOGESTOWN ROAD MECHANICSBURG PA 17050-3184 LOAN ACCTNO.: 274178 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDERlSERVICER: Equity One, Inc. YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WInCH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTIJRE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGffiLE :P'OR 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 OrnER ELIGIBILITY REQUIREMEN1S ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - 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-to-face" meeting with one of the consumer credit counseling agencies listed. at the end of this Notice. IHIS MEETING MUST OCCUR WITmN THE NEXT 130) DA VS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOlT BRING YOUR MORTGAGE UP TO DATE THE PART OF TInS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" :EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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. The name!! addresses and telC(phone numbers of desi6?ll'ltp.n consumer counsclinW 8,iencies for the coun\)' in which the DrODertv is located are set forth at the end of this Notice. It is only necessaIy to schedule one face-to-face meeting. Advise your lender immerlil'lt.ely of your intentions. APPLICA nON FOR MORTGAGE ASSISTANCE - Yow: 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 completod Homeowner's Emergency Assistance Program Application with one of the desigrtated 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. YOU MllSI FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORm IN TIllS LE1rTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR AP]['LICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY 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 it 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 OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage As:~istance.) BOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NA TORE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 433 HOGESTOWN ROAD MECHANICS BURG P A 17050 ."A3 ..ffIII \4oto 00I8lMJ' QJafM ~"fSOl .u _ IS SERIOUSLY IN DEFAULT because: YOU HA. VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: April 2004 - July 2004 at $960.12 per month, totaling $3,840.4& plus the following: Escrow: $0.00 Current Late Charges: $121.17 Deferred Late Charges: $112.28 NSF Charges: $25.00 TOTAL AMOUNT PAST DUE: $4,025.77 HOW TO CURE THE DEFAIJL T- You may cure the default 'within TInRTY (30) DAYS oftbe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3,840.48 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIDCH BECOIv.!E DUE DURING TIlE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or mOlley order made payable and sent to: Equity One, Ine. 301 Lippincott Drive. Suite 100 Marlton. New Jersey 08053 IF YOU DO NOT CURE THE DEFAULT -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 IIUlY lose the chance to pay the mortgage in monthly instaIhnents. Iffull payment oftbe total amount past due is not mad.e within TIllRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forec:lose upcln your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - 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 p~1Tlgs against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if lesal 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 wiD not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have not cured the default within the TIiIRTY (30) DAY period and foreclose proceedings have begun, YOll will stiil 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 Sheriff's Sale as specified in writing by the lender and by performing any other n~uirements under the mortgage. Curing the default in the manner set forth in this notice wiD restore your mortgage to the same position as if you had never defaulted. ."AA1 NI't,IN ........ ...., WIDID& CflCQTIIDI t DZ ____ EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the e:arliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this 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 THR LENDER' Name of Lender: Addre~' Equity One, Inc. 301 Lippincott Drive, Suite 100 Madton, New Jersey 08053 1-866-361-3460 Timothy Tracy Phone Number' Contact Person: EFFECT OF THE SHERIFFS SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. Jfyou 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. ASSUMPTION OF MORTGAGE - Yon 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, chars<es and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are sati sfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 YOU MA V ALSO HA VR THE RIGHT' TO SELL TIIE PROPERTY TO OBTAIN MONEY TO PAY OFF TIm MORTGAGE DEBT OR TO BORROW MONEY FROM ANOnIER LENDING INSnnmON TO PAY OFF THE DEBT. TO HA VB TInS DEFAULT CURED BY ANY TffiRD PARTY ACTING ON YOUR BEHALF. TO HA VB TIiE MORTGAGE RESTORED TO 1HE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE rnE DEFAULT. (HOWEVER, YOU DO NOT HA VB TIllS RIGHT TO CURE YOUR DEFAULT MORE mAN lHREE TIMES IN ANY CALENDAR YEAR). TO ASSERT llIE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OrnER LAWSUIT INSTITUTED UNDER llIE MORTGAGE DOCUMENTS. TO ASSERT ANY OlllER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER TIm FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS lNCLUDED. 211""" Nll7JD ~ IICIIOOO' ""*' CMEQ.TSII l CZ 10......,. Pennsylvania Housing Finance Agency HonI8owner's E_I"8ngenc:)' MortSlI8g8 Ass I stance Program COtlSUl8r CI"8CII t counsel I ng Agenc I es CUMBERLAND Ad.- county Hous I ng Authort ty 131-143 Carlisle St. Gettysburg PA 17325 (717) 334-151' FAX (711) 334-8328 kledfordPadamscha.org CCCS of Western PA 2000 Ltnglestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4B70 jcorl"8ll~spa.org C~tty Actton COanlsslon of Captl.l Region 1514 Derry Street Harrl sburg PA 17104 (717) 232-1757 fAX (717) 234-2227 lufcacfpaonllne.com f1nanclal Counseling Servtces of Franklin 43 Philadelphia Avenue Waynesboro PA 17288 (717) 782-3285 717-782-0480 natalteffcsl.com Loveshtp. Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 lsopportunltlBsPaol.com PHFA 2101 North Front Street Harrl sbUrg PA 17110 800-342-2317 7177803995 drotztlphfa.org Urban League 0' Metropolitan Hbg 2107 N. 8th Street Harrisburg PA 171018(717) 234-5825 FAX (711) 234-'451 rnbul""'aol.COID JlItItF OIIMIM 11;20 ......., O71nfM :MID.TSft J 01 ...,..,.. ACT 91 NOTIC]~ TAKE ACTION TO SAVE YOUR HOME FR()M FORECLOSURI~ This is an official notice that the mo~e of your home is in default. and the lel1tder intends to foreclose. Specific information about the na.ture of the default i!; provided in the ~Ltt.ached p~. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAP\ may be able to Help save your home. Tbis notice ~lains how the Dromun works. To see ifHEMAP can help. you must MEET WIlli A CONSUMER CREDJT COUNSELING AGENCY wrrnIN 30 DAYS OF TIlE DATE OF TInS NOTICE. Take this notice with vou when you meet \\ith the Cmm!lelini A~ncq'. The name address and phone number of Consumer Credit Counselinf1 Af1encies sl~rvicinf1 your County are listed a.t the end of this Notice. If YOU have anv auestions~ YOU may call the Pennsvlvania Housine: Finance A2encv toll free at 1-800-342.2397 {Persons with iIllPaired hearini can call (7 I 7) 78()"] 869 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 'VIlant to conta<:t 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 IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SI CASA SI NO COMPRENDE EL OONTENIDO DE ESTA NOTll'lCACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO EST A AGENCIA (pENNSYL V ANlA HOUSlNG FINANCE AGENCY) 8lN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE 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. ."AZ D313'. 10:'1 _ p,.. CMEGT1IU a oz .......,. July 1, 2004 ."AI .1"" GI. .... I7I02IM CMtIllTlO2 , DZ ......." Andrea m. Krop1ewnlckf 433 HDlaESTOVN ROAD MECHANICSBURG PA 17050-3184 LOAN ACCT NO.: 274178 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDERlSERVICER: Equity One, Inc. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE ][l'OR 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 ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - 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-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. .IBIS MEETING MUST OCCUR WITHIN THE NEXT (30\ DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU BRING 'yOUR MORTGAGE UP TO DATE THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" :EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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. The names. addresses and telq>hone numbers of desiifla.ted conmmer counseliQg !liencie!l for the county in which the propertv is locRtp~ are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLI CAnON FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofYl)ur 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 filii 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 ofthi!l 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 fa.ce-to-.face meeting. YOU MllS.I FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are ve.ry 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 it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. Y 0"11 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 OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT 1rO COLLECT THE DEBT. (If you have filed bankruptcy you can stiD apply for Emergency Mortgage Ass;istance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NA TORE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 433 HOGESTOWN ROAD MECHANICSBURG P A 17050 U1f'.u ..,.. ..... ....... .,,.,.. eMl..,.., lOX"""""" IS SERlOUSL Y IN DEFAULT because: YOU HA VB NOT MADE MONrnL Y MORTGAGE PAYMENTS for the following months are now past due: April 2004 - Iuly 2004 at $960.12 per month, totaling $3,840.48 plus the following: Escrow: $0.00 Current Late Charges: $127.77 Deferred Late Charges: $112.28 NSF Charges: $25.00 TOTAL AMOUNT PAST DUE: $4,025.77 HOW TO CURE THE DEFAULT- You may cure the default within 1HIltlY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENlI>ER WInCH IS $3,840.48 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIIE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or mODey order made payable and sent to: Equity One, Ine. 301 Liooincott Drive. Suite 100 MarltolL. New Jersev 08053 IF YOU DO NOT CURE THE DEFAIJL T - If you do not cure the default within TIIIRTY (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 IrulY lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made vl'ithin ntIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose up(ln your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - 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 prOC'.eMines against you, you will still be required to pay the reasonable attorney's fees that were actually incurred. up to $50.00. However, iflega1 proceedings are started against you, )iou will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees Vlill be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TIURTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFFS SALE ,. If you have not cured the default VI~thin the TIllRTY (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 fel~ and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice win restore your mOJ'tgage to the same position as if you had never defaulted. .".. octI1ta1 \HO ....... 01"'" CMIC.'ftIl t QZ ~ EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the ~liest date that such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheri1fs 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 exac:tly what the required payment afthe action V\':ill be by contacting the lender. HOW TO CONTACT THE LENDER' Name of Lender: Addre!;!;' Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy Phone Number' Contact Person: EFFECT OF THE SHERIFF'S SAI,E - You should realize that a Sheriff's Salle will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the pre'perty after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be startedl by the lender at any time. ASSUMPTION OF MORTGAGE - 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 sati.sfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Madton, Nl 08053 1-856-396-3606 YOU MA V ALSO HAVE THE 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 1HE D:EBT. TO HA VB TIllS DEFAULT CURED BY ANY l1DRD PARTY ACTING ON YOUR BEHALF. TO HA VB TIm MORTGAGE RESTORED TO 1HE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE mE DEFAULT. (HOWEVER, YOU DO NOT HAVE TInS RIGHI'TO CURE YOUR DEFAULT MORE nIAN lHREE TIMES IN ANY CALENDAR YEAR). TO ASSERT 1HE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY 01HER LAWSUIT INSTITUTED UNDER TIm MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY 1HE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. .'''M ...,.,.,. I&IG CIIIOIIMI I1IG1N CMECl.Tn:I J ClZ ......,. Pennsylvania Hauslng J'tnanea Agenc:y Hom8oWner's a:-rengellc:;y Mortgage Asslstanctl PrograJI consu.r Credit Counselling Agencies CUMBERLAND Adams County Housing AllthOrlty 138-143 carllsl. St. Gettystlurg PA 11325 (711) 334-151' FAX (117) 334-'328 kl8dfo~damsoha.org cc:cs of Western PA 2000 Llngl.stown RDad Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4870 J co,..,.. 1 1 l'cCCSPa . org Colllllml~ Ac:tlon COInlsslon of Captt., Region 1514 Derry StrHt Harrisburg PA 17104 (717) 232-'757 FAX (717) 234-2227 lufcac~aonllne.co. Financial Counseling Services of Frankl In 43 PhiladelphIa Avenue WaynesbOro PA 1726. (717) 782-3285 717-782-0480 natalt~csl.com Loveshlp. Inc. 2320 North 5th Street HarrIsburg PA 17110 ( 717) 232-2207 lsopportunlttesPaol.coM PHFA 2101 North Front St,...t Harrisburg PA 17110 800-342-23.7 717'7803885 drotzllphf a. org Urban League of Metropoll bn ... 2107 N. 8th street Harrisburg PA 17101 (717) 234-5825 FAX (717) 234-8458 rnbUllllhtlao 1 . COli 31'.... MtOIfa 'tat __ 'N'11ItG& CMUl'T"SlD I oz 'MIUD4I7' 0 ......, ;~~F <==> 0 <::'::3 ..J;- ." 0 --f "-' :r:-n -'- (""') n1r= t3~~~ w :gm -<~ ~.. C> g~ ~:::-~ 1, _ .' '::~,: .. -0 .' 0::-0 )-..::; ~: ~ '::;"() 7 Csrn -i C> :;;! -<: 1J CO .-<: ~ 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 Our File No.: 1.03084 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3, COURT OF COMMON PLEAS CUMBERI,AND COUNTY Plaintiff, No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki, and Andrea M. Kropiewnicki, Defendant(s ). AFFIDAVIT OF SERVICE I, Pina S. Wertzberger, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: On January 4,2005, a copy of the 1 st Amended Mortgage Foreclosure Complaint was sent to the Vicki Piontek, Esquire on behalf of his clients, Eric P. Kropiewnicki and Andrea M. Kropiewnick. {00027593} 1\\1)0.. ~,:! t ~ ~~l) \\\~ ~ ~ Q) - . -+-~\: ~ 7'. :r ~- -t~~ - o. o~~ =t> ~ ~ - :) o ~~ ~ ~ 7\J ~<f) ~ ~ r- ~ '* 14- . ~'""" .* .,,..,~..~ . * -"- .,~.... * 0- ,:,10 .,....' C.} " c;:. '"" s;: 9\ iJI f; C~) :.q "1,...1,'" 0 1;.\', II! "~\II .,' ~ 'i~. ""':) ):0 l:l...,,,,! " ~', ()'o. t'l'I ~~\ (;.':1 2~~: ~~. ~.. '".Y.. '"1) ffi" .. ell ;;,' C,') lJ'I ~, .f." VI i7. ~ l~:) ,IV \ .) {\, '~; C~-O I.,) , VI (,) C~ 0 \-.) " 0 ,...., r- = 0 ~-;: = <:.n II -I '- -{ > ...,..... --p fii" ...- I ,.. -nIT! V\ ::])0 C'> I l -0 ~() (-.. ~,' ~~~ ....-:;-:. ...- ~-- l)? -" . ~< -~:'. -( CAl ",,":"'':100 :.J <:::) .-<.. 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY JP Morgan Chase Bank, as Trustee for Equity One, Inc., ABS, Mortgage Pass- Through Certificates, Series 2001-3, Plaintiff, No.: 04-5S80 Civil Term Vs. Eric P. Kropiewnicki, Praecipe to Reinstate Complaint in Mortgage Foreclosure and Andrea M. Kropiewnicki, Defendant(s). TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. (00026433) -::- r'--J C"") -n ~-- (..:' , ,-:::::) C.J SHERIFFIS RETURN - NOT FOUND CASE NO: 2004-05580 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS KROPIEWNICKI ERIC P 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 KROPIEWNICKI ANDREA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KROPIEWNICKI ANDREA M 433 HOGESTOWN ROAD MECHANICSBURG, PA 17050 DEFENDANT NO LONGER LIVES AT 433 HOGESTOWN RD MECHANICSBURG. HER NEW ADDRESS IS 353 2ND ST APT 1 EYNON, PA 18403. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 5.00 10.00 .00 21.00 County ASSOC Sworn and subscribed to before me this /., <e- day of If''' ~1 2005 A.D. r'l ~ 0 ~ ,^J)"r p~notary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-05580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS KROPIEWNICKI ERIC P ET AL 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 KROPIEWNICKI ERIC P the DEFENDANT , at 1653:00 HOURS, on the 10th day of November, 2004 at 433 HOGESTOWN ROAD MECHANICSBURG, PA 17050 by handing to ERIC KROPIEWNICKI 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 Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 So Answers: r~~ R. Thomas Kline 11/12/2004 MILSTEAD & ASSOC Sworn and Subscribed to before By: .,0 me this {J> --- day of q.. ':.1 ,;z <'D,<( _ A. D. ~IIL_Q ~ A{)/l-C rotnonotary I'~ . MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- through Certificates, Series 2001-3 450 West 33rd Street New York, NY 10001, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050 Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, P A 18403 Defendants. PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Eric P. Kropiewnicki ONLY, Defendant for failure to file an Answer on Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises: DAMAGES TO BE ASSESSED AT A LATER DATE I hereby certify that (1) the addresses of the Plaint~' ff aI\d. D e.fien dants are as ShOwn... above and (2) that notice has been given in accor ith I Tt 1; ~o~ attached. ~. I\I'\~ Pi S. e zberge, sq ire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED DATE: f1';J.fl r 1-... Ie). ~-D{JS I {00034286} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One ABS, Inc., Mortgage Pass- Through Certificates Series 2001-3, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki, and Andrea M. Kropiewnicki, Defendant(s). TO: Eric P. Kropiewnicki c/o Vicki Piontek, Esquire 24 West Governor Road Hershey, P A 17033 DATE OF NOTICE: February 15,2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT 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. {0002097J I Page 1 of 2 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 NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, P A 17013 717-249-3166 800-9~;:~ " xT' ;.-------~ Pina S. Wertzberger, E quire # 77274 {00020971) Page 2 of 2 c (J -'g. (d 'i --0 ~ )i:. C) ....... IJ F ........ r ~ -z) ~~.- -- .(; c:) j i' \' P---- ~ r R.r --0 D c') - r--- +=- r--' F{. .r". 0 ----L... MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- through Certificates, Series 2001-3, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term Plaintiff, Vs. Eric P. Kropiewnicki and Andrea M. Kropiewnicki, Defendants. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge ofthe 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 Eric P. Kropiewnicki is over 18 years of age and resides at 433 Hogestown Road, Mechanicsburg, P A 17050. , i~/ Pina S. Wertz erger, Esquire [00034286} C) ,-'.)1 -i-'I (" .t,,) i<'; SHERIFF'S RETURN - OUT OF COUNTY ,. ., , CASE NO: 2004-05580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS KROPIEWNICKI ERIC P ET AL R. Thomas Kline , Sheriff or Deputy Sheriff wh being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: KROPIEWNICKI ANDREA M but was unable to locate Her in his bailiwick. He therefo e deputized the sheriff of LACKAWANNA County, Pennsylvan'a, to serve the within COMPLAINT - MORT FORE On February 22nd, 2005 , this office was in receipt of t e attached return from LACKAWANNA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lackawanna Co 34.00 Notary 2.00 73.00 02/22/2005 MILSTEAD & ASSOC So answers...:.-,. ,,---'" ~-"::~'/.' ...- - -'". ..-, /--_... '-- R. Thomas Kline , Sheriff of Cumbetland County ,.---;;> Sworn and subscribed to before me day of ~/LAA".-A~ A.D. this :5 ~QQ~ - I - - - - - - - - - ----- ~, , In The Court of Common Pleas of Cumberland County, Penpsylvania JP Morgan Chase Bank VS. Eric ,P. Kropiewnicki et al SERVE: Andrea M. Kropiewnicki , No. 04-5580 civ 1 Now, ,,~; J"~' """" > ~ 1...t%,"1 ('c"-J'::'" , I, SHERIFF OF CUMBERLAND COUNT J, P A, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. .~~""~<,/~;~~ , Sheriff of Cumberland County, P Affidavit of Service Now, ,20_, at o'clock M. ser ed the wlthin upon at by handing to a copy of the original and made known to the contents thereof. So answers, r-- ~-; <:_'_c. <........ Sheriff of ("') -, 5=-':. :<- :::<, ;>': - 'C'ounty~ f ~: '" :, :..: u c.,) Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT ....""" <;) $ $ . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00029 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA JP MORGAN CHASE BANK VS KROPIEWNICKI ANDREA M. FRANCIS DIRIENZO County, Pennsylvania, who being duly sworn according to law, Deputy Sheriff of Lackawanna C unty says, the within COMPLAINT MORT. FORE. KROPIEWNICKI ANDREA M. DEFENDANT was served upon at 353 2ND STREET APT. 1 , at 0012:30 Hour, on the 31st day of January EYNON, PA 18403 HER PERSONALLY AT 200 NORTH by handing to WASHINGTON AVE. SCRANTON a true and attested copy of COMPLAINT MORT. FORE. t e 2005 together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing dD Service 'lc\ \0 Affidavit '7 'f. c -! Surcharge ~V' .00 .00 .00 .00 .00 .00 Sworn and Subscribed to before So Answers: John Szymanski, Sheriff 00/00/0000 ;lILSTEAD & ASSOCIA TES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street New York, NY 10001, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050 Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, PA 18403, Defendants. PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ~;t- Kindly assess the damages in favor of Plaintiff and against Brill P. Krslli8waiel.,j llsll Andrea M. Kropiewnicki, Defendants for Foreclosure and sale of the mortgaged premises as follows: As set forth in Consent judgment $136,633.09 TOTAL $136,633.09 I hereby certify that (1 ) the addresses 0 DAMAGES ARE HEREBY ASSESSED AS INDICA TED DATE: (1?";Jj q I ;;J.('Y">S I00042426} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire Woodland Falls Corporate Center 220 Lake Drive East, Suite 301 Cherry Hill, NI 08002 (856) 482-1400 Attorneys for the Plaintiff IP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 04-5580 Civil Term Plaintiff, vs. Stipulation Eric P. Kropiewnicki, and Andrea M. Kropiewnicki, Defendant. STIPULATION WITHDRAWING ANSWER AND TO WAIVE TEN DAY NOTICE REQUIREMENT PURSUANT TO P A.R.C.P. 237.1, AND ENTRY OF IN REM JUDGMENT It is hereby stipulated and agreed by and between the undersigned counsel for Plaintiff and the undersigned counsel for Defendant, Andrea M. Kropiewnicki only as follows: 1. That the premises located at 433 Hogestown Road, Mechanicsburg, PA 17050 ("Mortgaged Property"), as more fully described in Plaintiffs Complaint, is owned by Andrea M. Kropiewnicki, (the "Defendant") and Eric P. Kropiewnicki subject to a mortgage in favor of Plaintiff. 2. That the Defendant hereby withdraws her Answer and admits to allegations listed in the Complaint. (00032396) ,; 3. That the Defendant, by and through her attorney, Joe Campolieto, Esquire, hereby waives the notice requirement pursuant to Pa.R.C.P. 237.1. 5. That the Defendant agrees to entry of an in rem judgment in the amount of $136,633.09, plus interest at the rate of 6% after the entry of this judgment and up to the date of the Sheriff s Sale. 6. That service of the Notice of Sheriffs sale pursuant to Pa.R.C.P. 3129.2 shall be effectuated by mailing the notice of sale via regular mail to the Defendant's attorney, Joe Campolieto, Esquire. Stipulated to by: , , ~.. Dated: D\~ &006 , , BY: ger, Esquire Morgan Chase Bank, as Trustee for quity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3. BY: Dated: l/ - J I -\) S e . Kropiewnicki only [OOO32396} G N (J 1J ~ \) ~ ~ CJ - - -J ~ ~ - r- ~ II F ...::t ~ ~ c::Y F- 9J ~ ----L.. ~ ';;:;; Ci <..:::..'1 -r1 cf' " \" ';~ ' 1...0 ~'3 N -- - ~- ::~ , -..0 ( - - - .... MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney 10# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street New York, NY 10001, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050 Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, P A 18403, Defendants. PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in favor of Plaintiff and against Eric P. Kropiewnicki, Defendants for Foreclosure and sale of the mortgaged premises as follows: As set forth in Complaint Interest Late charges TOTAL $133,453.97 2,987.08 192.04 $136,633.09 1 hereby certify that (I) the addresses of the Plaintiff and Defendants are as shown above ? DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: (YJ ';:J 1 .,;;. ^1, :J.t"Jt'}S {OOO42426} ..... If~, . = ~, 2 ~ ~ 5 '2::, 2 C f:, ~::~S~C S S ~SSCS. , ^ , '_;"'.i MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One ABS, Inc., Mortgage Pass- Through Certificates Series 2001-3, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki, and Andrea M. Kropiewnicki, Defendant(s). TO: Eric P. Kropiewnicki c/o Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 DATE OF NOTICE: February 15, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TEMPT 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. {OO020971} Page I of 2 " c, o . - !'}3 .2.1. '~J 'I .', :., , ~, , :. " ":, . ,1 L",L :I'~' _ ~ :1<: r':~.3 ~<:. 'I ( '--" p. 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 cJaiIIlB 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 la'-""yer. 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 NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE,PA 17013 717-249-3166 'OO-9909R5",~ Pina S. Wertzberger, Esquire # 77274 (OOO2O<J71) Page 2 of 2 -n \-> ~ t ('-'~ ~ .~ ~ ~ ~ ~ fIe eJ- r') c'.... (:::? ...on '~~, ~~.. I'"~ \<".\ :;. :~J, t':~ ,,) "" f In the Court of Common Pleas of Cumberland County, P A JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 Plaintiff CIVIL ACTION NO.: 04-5580 Civil Term Vs. Praecipe For Writ of Execution (Mortgage Foreclosure) Eric P. Kropiewnicki Andrea M. Kropiewnicki Defendant(s) 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: Eric P. Kropiewnicki Andrea M. Kropiewnicki 4. Real property involved: 433 Hogestown Road Mechanicsburg, P A 17050 AMOUNT DUE $136,633.09 INTEREST From 4/11/05 to Date of $ Sale at $22.46 per diem TOTAL $ (Costs to be added) May 4, 2005 (00042426} :) l"\ Q-S Ix) \'C)\\:. ~ - \l.J S :..!- ~ If '" ~ ~ f" :+- ~ V) VI F ('\ (j r-- (::I 14 ~ ~~ ~ \' (' ~ r r- ~ 0- ~~f~ ~1~ ~ ~\~ ~ r (s-'t>~~ l*'~t \J "jJ~ &-r :5 B l v{- &- ~ I~ -.(Q. \.}J V\~-....l~UJ~ ~ ~:-O..c....o V1 ~ ()..J :- ~ V't -l: lrj () 6 0, 'Cr) 0 .() C> .I:: \) \J C c.el) C C C> C C III \ \ \ ~~ ~C' r " i-:E: ~ :V - ::: - - - - - -::. - - - - - - - ::. - - - : - - - - ,..., ~~;. c:."? cj:\ :7 :~,i-~ j"i'"t -"';'" j"'-.) , /~' r:-? \~,..j -' /--------- ; . ( ALL TIIA T CER rAIN tract or parcel of land loca.ted in the Township of Silver Spring. County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: SIlUATE in Silver Spring Township, Cumberland Courrty, Permsy1vama, bounded and described as follows: BEGINNING a.t a re.bar set on the Southwest side of Rogestown Road, P A # 114 (80 foot wide right of way) at a comer of property now or formerly oCRoy D. Kunkle and Bernadine E. Kunkle, his wife; thence extending from said beginning point and along Southwest side of Hogestown Road, P A, # 114, by a curve to the left having a radius ofl,313.57 feet ~d length of 143.71 feet to are-bar set at a comer of property now or formerly oCR.P. Lambert and Pearl M. Lambert, his wife, thence extl':nnillg along same, South 81 degrees 5 minutes 00 seconds West, 295.04 feet to a comer ofpropcrty, now or formerly of Mary E. Dull; thence extending along same North 28 degrees 15 minutes 00 seconds West, 1S0.00 feet to are-bat set at a corner of property now or formerly of Roy D. KDnkle andB....,."n;'le E. Kunkle, his wife aforementioned; thence extending along same, North 81 degrees 5 minutes 00 seconds East, 320.22 feet to the first mentioned re-bar set and place of beginning. BEING KNOWN AS 433 Hogestown Road, Mechanicsburg, P A 17050 PARCEL ID NO: 38-20-]831-038 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00042426) WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5580 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE FOR EQUITY ONE, ABS, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-3 Plaintiff (s) From ERIC P. KROPIEWNICKI AND ANDREA M. KROPIEWNICKI (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 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $136,633.09 L.L. $.50 Interest FROM 4/11105 TO DATE OF SALE AT $22.46 PER DIEM Atty's Comrn % Atty Paid $302.40 PlaintiiTPaid Date: MAY 24, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon~ () ~y: Q/l. 0 - L. .7l{-.J?/UJ.. r 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 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 450 West 33rd Street New York, NY 10001, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term Vs. Eric P. Kropiewnicki 433 Hogestown Road Mechanicshurg, P A 17050 Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, PA 18403, Defendants. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge ofthe 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 ofthe Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended. 2. defendant, Eric P. Kropiewnicki is over 18 years of age and resides at 433 Hogestown Road, Mechanicsburg, P A 17050. 3. defendant, Andrea M. Kropiewnicki is over 18 years of age and resides at 353 Second Street, Apt. 1, Eynon, P A 18403. , Esquire {00042426} '" C~-.} c,~::) coOn , , -\-1 __.-1 :;:::: r;.l ,.,...... f'.) r:? f',) -, '" 'f' 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 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term vs. AFFIDAVIT PURSUANT TO RULE 3129.1 Eric P. Kropiewnicki Andrea M. Kropiewnicki Defendant(s) COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3, 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 433 Hogestown Road, Mechanicsburg, P A 17050: 1. Name and address of Owners(s) or Reputed Owner(s): Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, P A 17050 -and- c/o Vicki Piontek, Esquire 24 West Governor Road Hershey, P A 17033 Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, P A 18403 -and - c/o Joseph M. Campolieto, Esquire 960 Scarnton-Carbondale Highway Archbald, PA 18403 2. Name and address of Defendant(s) in the Judgment: Same as above (00042426) ,/ y 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001- 3 (Plaintiff herein) 450 West 33rd Street New York, NY 10001 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 433 Hogestown Road Mechanicsburg, P A 17050 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 uns om.E Isification to authorities. Date: May 4, 2005 {00042426} , t"-_, () <.;;:) (.'-:.;:" -n .:_rl ~">" ..j,':~ ~, f"J r'." --J ( 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 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term Vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.RC.P. 3129 Eric P. Kropiewnicki Andrea M. Kropiewnicki Defendant(s) TAKE NOTICE: Your house (real estate) at 433 Hogestown Road, Mechanicsburg, P A 17050 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 $136,633.09 obtained by JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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). {00042426} 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. 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 ifthe 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. 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 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, PAl 70 13 (717) 249-3166 (800) 990-9108 04-1-03084 {00042426} ALL THAT CERTAIN tract or parcel of1;md located in the Township of Silver Spring, County of Cumberland, Co=onwealth of Pennsylvania, more particularly bounded and deScnoed as follows, to wit SITUATE in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a te.bar set on the Southwest side ofHogestown Road, PA # 114 (80 foot wide right of way) at a comer ofprope.rty now or fonoerly of Roy D. Kuokle and Bernadine E. K.unk1e, his wife; thence extending from said beginning point and along Southwest side of Hogestown Road, P A, # 114, by a C\l1Ve to the left having a radius ofl,313.57 feet and length of 143.71 feet to are-bar set at a coxnerofpropertynow or formerly orR.p. Lambert and Pearl M. Lsmbert, his wife, thence extending along same, South 81 degrees 5 minutes 00 seconds West, 295.04 feet to a comer of property, now or fonoerly of Mary E. Dull; thence extending along same North 28 degrees 15 minutes 00 seconds West, 1S0.00 feet to a re-bat set at a comer of property now or formerly of Roy D. KImlcle and Bemadine E. Kunkle, his wife aforementioned; thence extending along same, North 81 degrees 5 minutes 00 seconds East, 320.22 feet to the first mentioned re-bar set and place ofbegiIming. BEING KNOWN AS 433 Hogestown Road, Mechanicsburg, PA 17050 PARCEL ID NO: 38-20-1831-038 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO42426) \ MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77472 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No.: 04-5580 Civil Term Vs. AFFIDAVIT PURSUANT TO Pa.R.C.P.3129.2 Eric P. Kropiewnicki Andrea M. Kropiewnicki Defendants STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) I, Pina S. Wertzberger, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, I. On June 11,2005, a copy of the Notice of Sheriffs Sale of Real Property was served upon the defendants, Eric P. Kropiewnicki and Andrea M. Kropiewnicki, by certified mail, returned receipt requested. Copies of the signed certified cards are attached hereto and made a part hereof as Exhibit "A". 2. On May 19,2005, a notice of Sheriffs Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". MILSTEAD & ASSOCIA TrS, 1LLC lIif" c ;l /- " '7 > /{I-&4~ ma S. Wertzberger, Esquire Attorney ID No. 77472 {00061362} 2. Article Number ._.;:c~ IIIIIIIIIIIU IIIIIII~ III 1 7Jd,[J 3'IIJ. '1&46 '1544 J.546 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: Dves Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, PA 18403 o Agent o Addressee DYes ONo Reference Information 1.03084 gw PS Form 3811, July 2001 Domestic Return Receipt 2. Article Number 111111111111111111111111I ?loW! 3'11J. '1&46 '1544 ~ 3. Service Type CERTlFIEO MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: DVes Eric P. Kropiewnicki 433 Hogestown Road Mechanicburg, P A 17050 DAgent D Addressee 0..., ONo Reference Info 1.03084 gw PS Form 3811, July 2001 Domestic Return Receipt to> '" '" .. ... co ~ '" co (.I):9,~ " ." ~ ~ - ~ m i5."'" ." 4l*Z 0 ~ r- ~ 0 ~ .. iji" 3 ." <>W r .. 0._ ~ ""0 '< - ... ..... <:0 (,) ~ ---0 Zo 3~ ~ ~,.~ 1 v , ,....1 .::~ <:~ ';) '..,.~ , 1 ." o ;0 ;0 rn _ 3""0....-l. 2~;!g~to)~g~.i ~I~ aC">~~'oc3 ~C' m-"O ~o ...- ;U'aQ) O-lc3 o~;, 0. m::r~ ':;r' '1:3 _o..C1) cA) o..~ dl _.(s> (II 3 Q.. ~ 6.'" 0.. 3 5.~ 5 ~. ~ z~g",~" aro.,-!!? cn~;;:!: ;:+ g -" ~ g ~ -i 0- cr; =r 0- 3 ~ m::r ~ ;;a co (') _ 1::3 '< "~..x--(tJ.sa. m '2 orO ,::) cr"O 3 0-'(1)-.-.1>>-.; < - gC,/l5'a'<~(Il~~ 0' "o~(1)2:_(I)3'tll o ~@3alo;:S::iir b ~Q.~ofl)~3,::! .; 'tii~:<::I 3'a.s'Z (i . ~-g~;::t:gO-~. m en ~"< -0 0 c: ~ (0 ~ -gCll~;-3=,o. --. o-o-Ul~(I);:::.:O :;; ~~!,Ulg;;?.,<~ in 0.-'" ;::-g;o" '" .0 "'!!!.-6't~. o~- ::::;:rN-OOtuo. >z ~Q:I?-=1"Oiig:g -2 5.g~ ~ ~~~ o 1;5_g.gng~ m <<Oo~o-'::JtJ ~ r;-g.;e:g g g ~ :u CIl~(1)~CIl5'';:\C. g} ~tOt9,_.~ ~~ 5' Ui ~~$-a~03g..~ i: 'S' Q:I <<l ;; """" 5 fl) ::I )00 Q..:go..~::r(ll~~ r= 5.'<::galcn g m g~ijr ~ '<", sg " \ * * * * * ()~()O s::~;l :I:"Oo(")o:aUJcco CV(,o)::I ~ o.g ~ a: z a. i g.::J: ~ ;:!.' g:l 3 fIl' (p;:+ 1>> 0 c:::: e. OJ ;:). 0 (0 :I: .... 3 ='g:'" 0 ....03 ~ ~ ~ (1)0 5)( co i: ""O=' ~ ~ !e." ~~:a(b>~Q.-~o~ "'1l-.joe......t'\)('")S.Cfl~fI) )>tn~:r'C3u,g a ""O;:Da. ~ <;0 ...........:)2 >0 -.J. \1) ~ ",,(i.:;t3 .....~ o g~ 2.()$ d 0\ <O~ 0::=:01 ~ cOo ~ S~ < 0- D) c: a ~, ~ g .. ~~ T ~d : PITNEY BOWES' 4lC :> z )oC ;13 ;;" g- iDS. z S .. 6's. .. > be. =:0. _i " .. .. .. >" 0.J' o.m i~ .... tf)~ 1 4 7 0 U. S. POSTAGE P B 3 5 4 2 9 5 0 7154$00.900 MAY 19 2005 2845 MAILED FAOM ZIP CODE 08002 I' , \- \ \ ON~~:: i~8r=1 -'r'0-~" -2 .. '" fT1 0 :I:~':;))>) . 0. O. :-0." t z~'~ 9<>) '-l1liii):rr:: grn()~t oGl 0 - o!e.-a 0 ~ N- 0 Qt, ~;:P' :::q; -I ( CP \J rn ., ~ ~ ~ r. .....~~t (l" t r ; '" :> 0. -aoooo"i :;J]- a cr'ii2i~ ~ if", "'O~ -". (Q: :; -. -;!1. r \1)*~ o.~~ (no. (b~ ;::;:: 0. . .,,\>> D) ~r -...::::;:.; ~< . 1 i <" !!.~ c: il "0. 00 ;;.~ 5',,- 0." Sg ~i \1<- ~a _c: :> ~ .. .. ~ ~ ~ " ~~ II ( :;J]: ~ I 19., ( ... et: ~ ~ 0. . ;::: ~~ I 1 I \ I "'m 0" <> . :> c: 00." p~ .,,;0 :~ 0> ::.~ OX ~ .. "'- c.'" 0.3 "'" 0" " ., '" - -. " - 0- -g, (j ~ , .. , 0' -' :i'! .. "" ~ ."m :!:J ."m :;t: IS' ;ol~ ~ " 3 \ <> ",I" ~\,.. .. ." .. , ., - f~.j. r-~::~ !:.:,) ~..n (/) "-'-(1 ~-\j Cl -'\1 --1 RipJ ("~ C;> () r'" -li"! i'1 ,> . :--~ ',.~. -;] :....-:: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which lP Morgan Chase Bank Tr is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 24th day of Mav, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number 5580, at the suit of lP Morgan Chase Bank Tr against Eric P Kropiewnicki & Andrea M is duly recorded in Sheriffs Deed Book No. 271, Page 233. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c;21 day of Y'$1'r ,A.D. :2tf)~ ~h-/ Recorder of Deeds JIecc>mer 01 0e0dI, Cumberfllnd County, CarIIIIe My Commission ElqliAl<\ho Fino\ Moro<SaY 01_'::' JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 VS Eric P. Kropiewnicki and Andrea M. Kropiewnicki The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5580 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on June 13,2005 at 3:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Eric P. Kropiewnicki, by making known unto Eric Kropiewnicki, personally, at 433 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy 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: Andrea M. Kropiewnicki, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Lackawanna County Return: And Now, May 31, 2005 at 1 :35 o'clock PM, served the within Real Estate Writ, Notice of Sale and Description by making known unto Andrea Kropiewnicki personally at 353 Second St., Apt. 1, Eynon, PA 18403. So Answers: John Szymanski, Sheriff of Lackawanna County, PA. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July I 1,2005 at 4:11 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Eric P. Kropiewnicki and Andrea M. Kropiewnicki, located at 433 Hogestown Road, Mechanicsburg, 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: Eric P. Kropiewnicki, by regular mail to his last known address of 433 Hogestown Road, Mechanicsburg, P A 17050. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. 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: Andrea M. Kropiewnicki, by regular mail to her last known address of 353 Second Street, Apt. I, Eynon, PA 18403. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07,2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Pina Wertzberger for JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3. It being the highest bid and best price received for the same, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3 of 450 West 33rd Street, New York, NY 10001, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$1,012.02. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Lackawanna County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 19.84 15.00 15.00 30.00 10.00 .50 1.00 16.00 10.82 15.00 30.00 9.00 38.80 371.00 317.36 18.20 25.00 39.50 $ 1,012.02 Sworn and subscribed to before me S~y r ~ -~~e'~ R. Thomas Kline, Sheriff By,JOdI. . f'VI1'~ Real Estat~puty 2005, A.D. v ~ U-V ..W '\J j,J ~ .,)),3:3 ~ It 9tU , 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 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-5580 Civil Term vs. AFFIDAVIT PURSUANT TO RULE 3129.1 Eric P. Kropiewnicki Andrea M. Kropiewnicki Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3, 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 433 Hogestown Road, Mechanicsburg, P A 17050: I. Name and address ofOwners(s) or Reputed Owner(s): Eric P. Kropiewnicki 433 Hogestown Road Mechanicsburg, PA 17050 -and- c/o Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 Andrea M. Kropiewnicki 353 Second Street, Apt. 1 Eynon, PA 18403 -and- c/o Joseph M. Campolieto, Esquire 960 Scarnton-Carbondale Highway Archbald, PA 18403 2. Name and address ofDefendant(s) in the Judgment: Same as above (00042426) 3. Name and address of every judgment credi,oor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Though Certificates, Series 2001-3 (Plaintiff herein) 450 West 33rd Street New York, NY 1000 I 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 433 Hogestown Road Mechanicsburg, P A 17050 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, P A 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 relaf uns om f sification to authorities. Date: Mav 4. 2005 {OO042426) , 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 , JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2001-3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 04-5580 Civil Term Vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 Eric P. Kropiewnicki Andrea M. Kropiewnicki Defendant(s) TAKE NOTICE: Your house (real estate) at 433 Hogestown Road, Mechanicsburg, P A 17050 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 $136,633.09 obtained by JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2001-3. 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). {00042426) 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. 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. 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 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 TillS 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 04-1-03084 {OOO42426} WRIT OF EXECUJ:ION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5580 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE FOR EQUITY ONE, ABS, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-3 Plaintiff (s) From ERIC P. KROPIEWNICKI AND ANDREA M. KROPIEWNICKI (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) Ifproperty 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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $136,633.09 L.L. $.50 Interest FROM 4/11/05 TO DATE OF SALE AT $22.46 PER DIEM Atty's Corom % Atty Paid $302.40 Plaintiff Paid Date: MAY 24, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Proth02 {) ~ ~y: Y>. 0 _ 'l1 /lA 1. Deputy f 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 #44 On May 16, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 433 Hogestown Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16,2005 By: J6 CllJ-ySV\t\liLl Real EstateUDeputy ~ = = ~ '- c:.: :z: )> ,9 N .c: . r I ~ ,':::J "<1" :" i~:-T} " --'-=' "'I '1 ;C) ::::J 'I ,,'j ~n o -r, -.-, ~ 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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. COPY SALE #44 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 317.36 . , IlEAL 1!SllIlJE llALE No. 44 WrII No. 2004 S5IO CIvIl TMn JP........ CI.- -... ........ ""' EquIty One, ABS, Inc., . ~-1brough Cel11l1c 111._2001'-3 v. " ErIc P. KnIpIswnJcId ..... _IL KnIpIswnIcId Ally: P1M ~VsI1zbo.jjsr . DESCluP'TlON ALL TIIAT. CEKfAIN ttact .. pan:eI of land kx:aled in the TowdIbip of Sil... SpiDg, Couoty of "........-' Commonweailh ct PaIIlsyI...... ""'" policalady bOunded aod deoaibed " foJlaws.lOwit: . SITl1A'Il! in Sil... SpriDg TowosIIip, ~ CoooIy, PamIylvaoia,_ aod do-saibed.. foIIoM: BEGINNING.. tHat...., the __ sideof~Rood,PH1l4(80footwidc riJItt of way) . """'" of propa\}' oow or rm..rlyct Roy D,.1ImlIe aod IIerDadiDe E. - hi! wife;...... CXIeIIlliD& from laid ~pOiDt..aIcoI_sideof ~~!'A,'ll4,by~","",llltheleft . ._afl,l13.57footllllll_ct "-, . ...., . ill .Il4re......_of~;...... IIooedy of Mary E lJuII; dIrnce -.ling aloil! same _ 2B cleIIe<a 15 _ 00 """"" .West. -iSCUKl feet to.a're-bar set at' a ccmer of _ oow .. rm..rly of Roy D. Kuokle aod !laliodioeE~wife,_ dIrnce..... .......... NOClh 81 dcps 5 .......OOIllClBldaEoot.331.22footlllthelint ......_..aod place of BEGINNING. BEING KNOWN AS: 433 Hoae-n Rood, ~PAI7050. . PARlllI.I.D._1811-ll38. l!.II'IlO'lEMIl _ """"' of: -Do.Iioc. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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 15, 22, 29, 2005 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. kCi~ SWORN TO AND SUBSCRIBED before me this 29 day of Julv.2005 NO AL LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 44 Writ No. 2004-5580 Civil JP Morgan Chase Bank. as Trustee fOT EquUy One, ABS, Inc., Mortgage Pass~Through Certificates. Series 200 1 ~3 vs. Eric P. Kropiewnlck! and Andrea M. Kropiewnicki Atty.: Pina Wertzberger ALL THAT CERTAIN tract or par- cel of land located in the Township of Silver Spring, County of Cumber- land, Commonwealth of Pennsylva- nia, more particularly bounded and described as follows. to wit: SITUATE in SHver Spring Town- ship, Cumberland County, Pennsyl- vania. bounded and described as follows: BEGINNING at a re-bar set on the Southwest side of Hogestown Road. PA # 114 (80 foot wide right of way) at a corner of property now or fonnerly of Roy D. Kunkle and Bernadine E. Kunkle. his wife: thence extending from said beginning point and along Southwest side of Hoges- town Road. PA, #114, by a curve to the left having a radius of 1.313.57 feet and length of 143.71 feet to a re-bar set at a comer of property now or formerly of R.P. Lambert and Pearl M. Lambert, his wife, thence extending along same, South 81 degrees 5 minutes 00 seconds West, 295.04 feet to a corner of property, now or formerly of Mary E. Dull; thence extending along same North 28 degrees 15 minutes 00 seconds West, 150.00 feet to a re-bat set at a comer of property now or formerly of Roy D. Kunkle and Bernadine E. Kunkle. his wife aforementioned; thence extending along same. North 81 degrees 5 minutes 00 seconds East. 320.22 feet to the first menUoned re~bar set and place of beginning. BEING KNOWN AS 433 Hoges- town Road. Mechanicsburg, PA 17050. PARCEL lD NO.: 38-20-1831- 038. IMPROVEMENTS THEREON CONSIST OF: Resldentlal Dwelling.