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HomeMy WebLinkAbout05-1831 JANET L. GOLD, ESQUIRE (Equity One, Inc.) Attorney J.D. #38100 EISENBERG, GOLD & CETTEI, P.c. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EQUITY ONE, INC, D/B/A POPULAR! NO. 05' - IfJI C;u,LT8LYYl FINANCIAL SERVICES, LLC ! 301 Lippincott Drive, Suite 100 ! CIVIL ACTION - LAW Marlton, New Jersey 08053 Plaintiff, NOTICE TO DEFEND vs. VICTORB. STEZIN 98 CENTER ROAD NEWVILLE, P A 17241 SUZANNE M. STEZIN 807 SOUTH MARKET MECHANICSBURG, PA 17055 Defendant. 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (7 I 7) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 JANET L. GOLD, ESQUIRE (Equity One, Inc.) Attorney LD. #38100 EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EQUITY ONE, INC. D/B/A POPULAR: NO. 0 S' - / P 3{ FINANCIAL SERVICES, LLC ! 30 I Lippincott Drive, Suite 100 : CIVIL ACTION - LAW MarIton, New Jersey 08053 ! : COMPLAINT ClUl ~~ Plaintiff, vs. VICTOR B. STEZIN 98 CENTER ROAD NEWVILLE, PAl 7241 SUZANNE M. STEZIN 807 SOUTH MARKET MECHANICSBURG, PA 17055 Defendant. 1. The Plaintiffis Equity One, Inc., a duly organized and subsisting corporation existing under the laws of the State of Delaware, Mortgagee and which corporation maintains a principal office at 400 Lippincott Drive, Marlton, NJ 08053. 2. The Defendant (s) Victor B. Stezin, Mortgagor and real owner of the premises hereinafter described, whose address is 98 Center Road, Newville, PA 17241 and Suzanne M. Stezin, Mortgage and real owner of the premises hereinafter described whose address is 807 South Market, Mechanicsburg, PA 17055. 3. On the 22nd day of February, 2002, the Defendant made, executed and delivered a Mortgage upon the premises hereinafter described to Equity One, Inc., Plaintiff which mortgage is recorded on February 26, 2002 in the office for the Recording of Deeds of Cumberland County in Mortgage Book 1750 Page 56 & c. 4. The premises subject to the said mortgage is fully described in Exhibit A which is attached hereto, incorporated herein and made a part hereof. A copy of the Note and Mortgage are attached hereto as Exhibit Band C. 5. On or about February 20, 2004, Plaintiff properly prepared a Notice ofIntention to Take Action under Section 403 of Act #6 of 1974 (4 I Purden's Statutes, Section 403) and thereafter on February 20, 2004 mailed the same to the Defendant(s) herein by Certified Mail, return receipt requested in the Postal System of the United States. A true and correct copy of the aforesaid Notice is attached hereto, made a part hereof and marked Exhibit D, said Exhibit representing compliance with Pennsylvania Rule of Civil Procedure 1147 as to a cause of action in Mortgage Foreclosure. 6. The within Cause of Action in Mortgage Foreclosure was instituted more than thirty (30) days following the forwarding to Defendant of Plaintiffs Notice ofIntention to Take Action under Section 403 of Act #6 of] 974, supra, and in compliance with the requirements of said Section of Act #6 of 1974. 7. On or about February 20, 2004, Notice under the Homeowners' Emergency Mortgage Assistance Act, Act 91 of 1983 was given to Defendant herein by first class mail, postage prepaid, together with a 3817 Certificate of Mailing. A true and correct copies of the Notice is made a part hereof as Exhibit E. 8. The said mortgage is in default because all interest and principal became due on August 22, 2003 and was not paid and the entire principal and all interest due thereon is collectible forthwith. 9. The following amounts are due on the mortgage: (a) Principal $256.591.50 (b) Interest from 03/23/04 to 03/21/05 $ 20.236.49 (c) Attorney's Commission $ 3,500.00 (d) Late charges $ L296.56 (e) Extension Fees $ 2.717.50 TOTAL $ 284.342.05 WHEREFORE, the Plaintiff demands Judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amounts due as set forth in paragraph 9, namely $284.342.05 plus the following amounts accruing after 03/21/05 to the date of judgment: (a) Interest of $60.58 per day; (b) Late Charges of$90.87 per month; (c) Tax and Insurance Advances plus interest at the legal rate allowed on judgments after the date of judgment, additional attorneys fees (if any) hereafter incurred and costs of suit. EISENBERG, GOLD & CETTEI, P.C. Attorneys for: Equity One Inc., d/b/a Popular Financial Services BY9z'~ ET GOL, ESQUIRE Dated: April 4, 2005 JANET L. GOLD, ESQUmE (Equity One, Inc.) Attomey J.D. #38100 EISENBERG, GOLD & CETTEI, P.c. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EQUITY ONE, INC. D/B/A POPULAR FINANCIAL! NO, SERVICES, LLC 30 I Lippincott Drive, Suite 100 CTVTL ACTION - LAW Marlton, New Jersey 08053 AFFIDAVIT Plaintiff, vs. VICTOR B. STEZIN 98 CENTER ROAD NEWVILLE, PA 17241 SUZANNE M. STEZIN 807 SOUTH MARKET MECHANICSBURG, PA 17055 Defendant. STATE OF NEW JERSEY ss. COUNTY OF BURLINGTON \, '"",0",,,",'1 \ r<-'--i ,of full age, being duly sworn according to law, upon his/her oath, deposes and says that: I am the \ c, ,,<.., \\,',..\.\ ($'.\-' GY'\ \\\:.....f\G.."2 ( of Equity One, Inc., Plaintiff in the foregoing, and I am authorized by said Corporation to make this Affidavit on its behalf, and state that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. / -- SWORN TO AND SUBSCRIBED B~RE ME THIS \ >t DAY ESMERALDA VIJIiJMEl \..~/~ ~ aoTARYMUCCfBJIII5EY U.;;.\. .' ,2005 CoIllmWonExplrlll1J.U8P NOTARY )b~ "LEGAL DESCRIPTION" ALL THAT CERTAIN tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point located on the eastern right of way line of South Market street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance of 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 minutes 00 seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance of 119.59 feet to the point of beginning. Said area described containing 0.558 acres, HAVING THEREON erected a two story frame dwelling and other invrovements. \ BEING THE SAME PREMISES which Charlotte E. Hertzler, widow, by deed dated October 27, 1994 and recorded October 31, 1994 in the Cumberland County office of the Recorder of Deeds in Deed Book 114, Page 98 granted and conveyed to Victor B. Stezin and Suzanne M. Stezin, husband and wife. Amount: $271.750.00 Dated: F e b r u a r y 2 2. 2 0 0 2 Interest Only Non-Revolving Construction Mortgage Note ORIGINAL This Non-Revolving Construction Mortgage Note (the "Note" ) is made between M. STEZlN VICTOR B. STEZJN and SUZANNE (the" Borrower ") with an address of 8 0 7 SOU T H MAR K E T S T R E E T . M E C H A N I C S BUR G. P A 1 7 0 ~fid Equity One. Jnc.. dba Popular Financial Services (the" T,ender ") with an office located at 4 0 0 Lip pin cot t D r i v e. Mar 1 ton. N J 0 8 0 5 3 The word "Lender" means the original Lender and anyone else who takes this Note by transfer. 1. BORROWER'S PROMISE TO PAY PRINCIPAL AND INTERESf 1.1 In return for a loan that the Borrower received, the Borrower promises to pay the order of the Lender the sum of Two Hundred Seventy One Thousand Seven Hundred Fifty Dollars ( $ 2 7 1 . 7 5 0 . 0 0 ) or if less, the total amount the Lender advances in accordance with the construction Loan Agreement which the parties are signing even date herewith (the amount actually advanced hereinafter referred to as (the" Principal ") together with Interest computed at tile fixed rate of E i 9 h tan dOn e I Hal f ( 8. 5 0 0 ) per annum, which Interest will be charged on that part of the Principal which has not been paid from the date of this Note until all Principal has been paid computed on the basis of actual days elapsed in a year of three hundred sixty (360) days uuless prohibited by law (the" Tnterest "). 1.2 Notwithstanding any provisions to the contrary contained herein, the Lender does not intend to charge, and the Borrower shall not be required to pay any Interest or other fees or charges in excess of maximum pennitted by applicable law. Any payments in excess of such maximum, at the election of the Lender, be refunded to the Borrower or credited against Principal. . 2. PAYMENT OF PRINCTPAL AND INTEREST 2.1 PAYMENTS The Borrower shall pay all Interest which has accumulated and the Principal as follows: 2.1.1 Interest shall be paid by the Borrwer to the Lender monthly, the first monthly interest only payment becoming due on Mar c h 2 2. 2 0 0 2 , and on the same day of each consecutive month thereafter; 2.1.2 The unpaid balance of Principal and any Interest remaining upaid, together with all other sums due to the Lender shall become due and payable on F e b r u a r y 2 2. 2 D D 3 . 2.2 The Borrower acknowledges that this Note is a Balloon Note, the Lender being under no duty or obligation to renew or extend the maturity date of the Note. ., 3. LATE CHARGE FOR OVERDUE PAYMENTS 3.1 In the event that any payment shall not be receivcd by the Lender within 1 5 days of the due date, Borrower shall, to the extent pennitted by law, pay Lender a late charge of 5 . 0000 % of the overdue payment (but in no event to be less than $25.00 nor more than $2,500.00). Any such late charge assessed is immediately due and payable. 4. FULLPREPAYMENT 4.1 The Borrower may prepay the unpaid Principal at any time before it is due. This is known as full prepayment. No penalties shall be charged. Interest shall be charged only to the date of the full prepayment. 5. PARTIAL PREPAYMENT \ 5.1 The Borrower may prepay any part of the unpaid Principal before it is due. This is known as partial prepayment. It may be made at any time. The Lender shall utilize the partial prepayment to reduce the Principal. Interest on the partial prepayment shall be charged only to the date it is paid. No penalties shall be charged. A partial prepayment shall not change the due dates of the payments. 6. PLACE OF PA YMENT 6.1 The Borrower shall make the, {lay,!,e~ts to. the order of the Lender at 400 Lipponeott Drive, MarIton, NJ 08053 or 8, ADDITIONAL SECURITY 8.1. As additional security, the Borrower has: 8. I. I. Execnted and delivered to the Lender: a Consluction Loan Agreement; Hazardous Substances Certificate and Indemnity Agreement; Assignment of Permits and Approvals; Assignment of Architect's Plans and Specifications: Assignment of Engineer's Plans and Specifications and Assignment of Agreement with Contractors': (collectively the "Loan Documents" ); and 8.2. All of the tenns, covenants, provisions, conditions, stipulations and agreements contained in the aforesaid Loan Documents and Guaranty are made a part hereof to the same extent and with the same force and effect as if they were fun set forth herein. 9, DEFAULT - LENDER'S RIGTIT OF ACCELERATION 9.1. The Lender may declare the unpaid Principal and Interest hereunder due itnmediately upon the occurrence of anyone or more of the following events of default (the "Events of Default"). They are: 9.1. I. The failure of the Borrower to make any payment of Principal and/or Interest under this Note or any payment due under by other Loan Documents, within ten (10) days after its due date: or 9.1.2 Default by the Borrower in the performance of any of the other teOlls, conditions, promises and/or covenants hereof, the Mortgage, Loan Documents, or any other security document executed in connection herewith; or 9.1.3. The insolvency of, appointmeot of an assignee for the benefit of creditors or receiver for, commission of any act of bankruptcy hy, or the entry of a judgement against the Borrower, or a levy under a warrant of attachment, execution or otherwise upon the credit, property or collateral held by the Lender, or in case any petition in backruptcy shall be filed by or against the Borrower or any proceedings in bankruptcy or under acts of Congress or other governmental authority relative to the relief of debtors should be commenced for the relief or re'adjustment of any indebtedness of the Borrower or through reorganization, composition, extension or otherwise. The Borrower shall not be deemed in default nor shall the Lender be entitled to acceleration in the event involuntary insolvency proceedings are filed against the Borrower and said proceedings are dismissed within sixty (60) days of the date of filing; or 9.1.4. ]f any certification, consent, v;tatement, warranty or representation made or hereafter made by the Borrower to the Lender shall prove to be materially false; or 9. 1.5. The taking of possession of a substantial part of the Real Property at the instance of any office, agency, department or other anthority of the federal or any state government; or 9.1.6. Default by Borrower in the performance of any term, covenant or promise in any agreement, note, mortgage or loan document between Borrower and Lender not cured within any applicable cure period; or 9.2. In the occurrence of an Event 9f Default as specified in Section 9 of this Note, the Borrower must immediately pay the full amount of any unpaid Principal and Interest, other amounts due on the Mortgage, this Note and the Loan Documents, the Lender's costs of collection and reasonable attorney's fees. 9.3. Upon nonpayment of the Principal as its satcd or accelerated maturity, the Interest rate from the date of such nonpayment shall be five perceut (5 %) per annnm above the Interest Rate as defined in Paragraph 1.1 of this Note. 9.4. The Lender's failure to accelerate for any cause shall not prevent the Lender from doing so for a later cause. 10. REMEDIES CUMULATIVE 10. I. The remedies hereunder and under the Mortgage, the Loan Documents and any and all other security documents executed in connection with this loan providing for the enforcement of the payment of the Principal and Interest set forth herein and for the performance ,of the covenants, conditions and agreements contained berein and all remedies provided by law are cumulative and concurrent and may be pursued singly or successively or together at the sole discetioIJ of the Lender and may be exercised as often as occasion therefore may occur. 11. WATVER OF FORMAL ACTS ILL The Lender is not required to do any of the following before enforcing the Lender's rights hereunder: 11.1.1. Demand payment of amounts due known as "presentment": 11.1.2. Give notice that amounts due have not been paid known as "notice of dishonor"; and/or 11.1.3. Obtain an official certified statement showing non-payment known as a 'protest". 12, NO ORAL CHANGES 12.1. This Note can only be changed by an agreement in writing signed by both the Borrower and Lender. 13, W ATVER OF JURY TRIAL 13.1. Borrower and Lender, upon advice from their respective counsel, hereby intentionally, knowingly, voluntarily, expressly and mutually waive the right to trial by jury of any claim, demand, action or canse of action (1) arising under this Note or (2) in any way connected with or related or incidental to the dealings of the parties hereto or any of them with respect to the Note or the loan transaction related hereto in each case whether now existing or hereafter arising and whether in contract or tort or otherwise, flOd each party hereby agrees and consents that any such cJaim, demand, action or cause of action shall be decided by court trial without a jury and that any party to the Note may file this original Note or a copy thereof with any court as written evidence to the consent of the parties hereto to the waiver of their right to a trial by iury. with copies to: If to the Lender: with copies to: Materials, information and correspondence other than notices required to be given by the Borrower or Lender may also be sent by United States first class mail, postage prepaid, addressed as set forth above, and shall be deemed givcn on date deposited in the United States Mail. 15. COMMITMENT 15.1 The terms and conditions of the Commitment Letter from the Lender to the Borrower dated (the "Commitment Letter" ) are hereby incorporated by reference. The failure to comply with any of the terms and conditions contained in said Commitment Letter shall constitute a default hereunder, and the entire unpaid Principal indebtedness and all additions hereto and the Interest thereon at the option of the Lender shall become immediately due and payable thereafter. 16. GOVERNING LAW 16.1 This Note and the rights and obligations of all parties hereto shall be subject to and governed by the laws of New J e r 5 e y , without resort to issues concerning conflicts of law. 18, SIGNATURE 18.1 The Borrower agrees to the terms hereof by affixing his hand and seal hereto the day and year first above written. WITNESS: L-, #";02- L.S. Date ~dMML ~ .~1JQjr'~' ;21f).~<<A-'s, I D te L.S. Dale L.S. Dale CEllTiFfEDTO E3r,:'; .,~l!.e[ ,r,,~':f) COPY OFTi'I!:: OFliGii'H,L. CGR~H~ Lt.r-i'Q ,'II _ --=R [Space Abo,'e This Line For Recording Dala] 1{A.)l ~~ li-'2.-1.5'-Db30- 02.3 .111is instrument was prepared by: MORTGAGE Veronlca Kornsey LN# 00295696 ORIGINAL THIS MORTGAGE ("Securi!y Instrument") iSJ\iven on VICTOR B. STEZIN and SULANNE M. STELIN February 22, 2002 . The mortgagor is ("Borrower"). This Security Instrument is given 10 Equity One. Inc.. dba Popul ar Fi nancia 1 Services. a Corporation which is organized and existing under the laws of Pennsyl vani a principal office and mailing address is 400 Li ppi ncott Dri ve. Ma r lton. NJ 08053 , and whose ("Lender"). Borrower owes Lender the principal sum of Two Hundred Seventy One Thousand Seven Hundred Fifty and no/100 Dollars (U.S. $ 271.750.00 ). This debt is evidenced by Borrower's note dated the same date ;IS this Security Instrument ("Nole"), which provides for monthly payments, with the full debt, if nol paid earlier, due and payable on February 22. 2003 . This Security Inslrument secures to Lender: (a) the repayment of the debt evidenced by lhe Nole, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of dlis Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, 111is Security Instrument and the Note secured hereby are subject to modification (including changes in the interest rate, the due date, and other terms and conditions), as defined in New Jersey Laws 1985, ch. 353, Section I el seq.. and upon such modification, shall have the benefit of the lien priority provisions of that law. The maximum principal amount secured by lhis Security Instrument is $ 271.750.00 . For these purposes, Borrower does hereby mortgage, grant and convey to Lender the following described property localed in Cumber 1 and Counly, New Jersey: SEE ATTACHED LEGAL DESCRIPTION which has the address of 807 SOUTH MARKET STREET. MECHANICSBURG New Jersey 17055 [ZipCodeI ("Property Address"); NEW JERSEY -Single Femily-FNMAlfHlMC UNIFORM INSTRUMENT fo,m 3 1 9/90 G ~6RINJI196oBL02 Amen a/sa P\\9" {!> 01 6 MW 0&'96.Q2 Inllllll,: " VMf' MORTGAGE FORMS -18001521-7291\ lStreet. City], 11111111111111111111111111111111111 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Secnrity Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS tbat Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is nnencumbered, except for encumbrances of rccord. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encnmbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants witl, limited variations by jurisdiction to constitute Il unifornl secnrity instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenantllnd agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shllll promptly pay when due the principal of and interest on the debt evidenced hy the Note and any prepayment and late charges due nnder the Note. 2. I'unds for Taxes and Insurance, Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes . and assessments which may attain priority over this Security Instrument as a lien on the Property; (h) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (I) llDY sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximnm amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of ]974 as amended from time to lime, ]2 U.S.C. Section 2601 el seq. ("RESPA"), unless another law that applies to the F\1llds sets a lesser amount. If so, Lender may, at any time, collect and bold Fnnds in an amount not to exceed the lesser amonnt. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fulure Escrow Items or otherwise in accordance with applicable law. The Funds shall he held in an institution whose deposits are insured hy a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, arulUally analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrowcr to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otllerwise. Unless an agreement is made or applicable law requires iuterest to be paid, Lender sh,ll not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on !lIe Funds. Lender shall give to Borrower, without charge, an annual accounting' of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed lhe amounts penrutted to he held by applicable law, Lender shall acconnt to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, arid, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured hy this SecJ1fity Instrument, Lender shall promptly refund to Borrower any. Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against tile sums secured by this Security Instrument. 3. Application of Payments, Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property wl,ich may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these ohligations in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid uuder this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing tile payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing 10 the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Properly is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying tile lien. Borrower shall satisfy the lien or take one or more of Ihe actions set fOl1h ahove within 10 days of the giving of notice. ~ Initials; tQ ~6RINJJ (96081.02 P9\}6 2 of 6 Form 3031 9/90 ... 5. Hazard or Property Insurance. Borrower,shall keep the improvements now existing or hereafter erected on lhe Property insured against loss by flre, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in lhe amounts and {or the periods that Lender reqnires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. Jf Borrower fails to maintaio coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property iu accordance with paragraph 7. All illsurance policies and renewals shall be acceplable to Lender and sl,a11 include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower othelWise agree in writing, insnrance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If thc restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender tbat the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3D-day period will begin when the notice is giveu. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If nnder paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to tbe Property prior to the acquisition shall pass to Lender to the extent of the snms secured by this Security Instrument immediately prior to the acquisition. 6, Occupancy, Preservation, Mainrennnce and Protection of the Property; Borrower's Loan Application; Leaseholds, Borrower shall oecupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of tbis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender othelWise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or conunit waste on the Property. Borrower shall be in defanlt if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faitll judgment could result in forfeiture of the Property or othelWise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as pr9vided in paragraph IS, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other matcrial impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate Infonnation or statements to Lender (or failed to provide Lender with any material information) in connection Wilh the loan evidenced by the Note, including, but not limited to. representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower sl,all comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained itl this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Altbough Lender may take action under this paragraph 7, Lender does not have to do SQ. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other tenus of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. S, Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance. in effect. If, fnr any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the preminms required to obtain coverage substantially equivalent to the mortgage insurancc previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or eeased to be in effecl. Lender will accept, use and retain these payments as a loss reserve in lien of mortgage insura~e. Loss reserve lJ1ltlal&:~ ~ ~6AINJI {96081.02 Pega3 of 6 form 3031 9/90 .. payments may no longer be required, at the option of Lender, if mOrlgage insurance coveraW' (in the amount and [or the period that Lender requires) provided hy an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the reqnirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections uf the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Secnrity Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immedi'ately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall he reduced by the amount of the proceeds multiplied by the following fraction: (a) Ule total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Properly immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Properly in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice hy Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any Successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender sllall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amorlization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ' 12, Successors and Assigus Bound; Joint and Several Liability; Co-signers, The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co,signing this Security Instrument only to mortgage, grant and couvey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally ohligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loun Charges. If the loan secured by ulis Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that Ule interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce ule charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leuder may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment WitllOut any prepaymeut charge under the Note. \ 14. Notices. Any notice to Borrower provided for in this Seenrity Instrument shall be given by dclivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severahle. 16, Borrower's Copy. Borrower shall be given one conformed copy of the Nute and of this Security Ins~;ellt. Inll'~!s' ~ ~~6R(N"')t9608102 PIIge4of6 'orm3031 9/90 '" 17. Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, tbis option shall not be exercised by Lender if exercise is prohibited by federatlaw as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of nor less than 30 days from tbe date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the rigbt to have enforcement of this Security Instrument discontinued at any time prior to ~le earlier of; (a) 5 days (or snch other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale comained in this Security Instrument; or (b) entry of a judgment enforcing ~Iis Security Instrument. Those conditions are that Borrower: (a) pays . Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable a\torneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rigbts in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragrapll 17. 19. Sale of Note; Change of Loan ServiceI'. The Note or a partial interest in lhe Note (together wilh this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the" Loan Servicer") that collects monthly payments dne WIder the Note and this Security Instrument. There also may be ooe or more changes of the Loan ServiceI' unrelated to a sale of the Nole. If there is a change of the Loan Servieer, Borrower wiil be given wri\ten notice of the change in accordance Witll paragraph 14 above and applicable law. The notice wiil state the name and address of the new Loan ServiceI' and the address to whicb payments should be made. The notice wiil also contain any other infonnalion required by applicable law, 20, Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anyUling affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to lhe presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonual residential uses and to mainteuance of the Property. Borrower shall promptly give Lender wrillen notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower bas actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promp~y take all necessary remedial actions in accordance with Environmental Law. As used in tilis paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following suhstances: gasoline, kerosene, olher flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbeslos or fonnaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies, Lender shall give notice to Borrower prior 10,acceleration following Borrowel"s breach of any covenant or agreemenl in this Security Instrument (but not prior to' acceleration under paragraph 17 unless applicable law provides otherwise), The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date tbe notice is given to Borrower, by wbicb the default must be enred; and (d) that failure to cnre the default au or before Ihe date specified in the notice, may resnlt in aeeeleration of the sums secured by tbis Security Instrument, foreclosure by judicial proceeding amI sale of the Property. TIle noliee shall further inform Borrower of the right to reinstate after acceleratiou and Ihe right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in fnll of all sums secured by this Security Instrument without fnrther demand and may foreclose this Security Instrument by jndicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, bnt not limited to, attorneys' fees and costs of tille evidence permitted by Rules of Court. ll. ""~.. 0""" ,.,""", ",". - """red b, .. S=;, --. ""d. ..." ~"'" <b. f~''''"''''~' without charge to Borrower. Borrower shall pay any recordation costs. mtt\9Is. . .6RINJ) 19608102 Page 5 or 6 Form 3031 9/90 <!> 23, No Claim of Credit for Taxes, Borrower will not make deduction from or claim credit on the principal or interest secured by this Security Instrument by reason of any governmental taxes, assessments or charges. Borrower will not claim any deduction from the taxable value of the Property by reason of this Security Instrument. 24, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security InStrument, the covenants and agreements of each suclt rider shall be incorporated into and shall amend am! supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] D Adjustable Rate Rider D Graduated Payment Rider D Balloon Rider D VA Rider D Condominium Rider D Planned Unit Development Rider D Rate Improvement Rider UJvther(s) [specifYI L~....L- 01-4 Family Rider o Biweekly Payment Rider D Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to tlte te in any rider(s) executed hy Borrower and recorded with it. S' aled and delivered in the presence of: d covenants co tained in this Security Instmment and 1...-.--- (Seal) Ie 0 -Borrower ~_~AW .iliJ SUZA NE M. STE I .~ ,f/?'I.....o (Seal) -Borrower (Seal) (Seal) -Borrower ~Borrower STATEOF~~~~J~~l\.Lc.... @ 0-U-m~ County ss: On this day of VICTOR B. STEZIN and SUZANNE M. STEZIN , before me, the subscriber, personally appeared who. r am satisfied) tlley are the person(s) named in and who executed the with' signed. sealed and delivered the same as thei r ..c.........\ l Nolarial Seal Suzanne L_ Cramer, Notary Pl.lblic Hampden Twp., Cumberland COl.J~lty My Commission Expires May 20, L~()~:.._,. t-iiember, P\:nM)'lvania. A5socia\ion orNota\'\es 4Q ~6RINJ1196081.02 .. Ptlgofl of 6 Form 3031 9/90 \ SENDER: COMPLETE TH(S SECTION --~'" . . . . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. AnitJe Addressed to; , A. Signature 3. Servl ~rtitI Express Mall o Registered 0 Return Receipt for Merchandise O~ Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) DYes I 2. ArtlcleNumber JNi'n ~U ()2...~ , jiT'1'Pf'f't"'l'frr'(cri/ybe') I ~Q\)I~(W i?~ <?/q,:j , PS Form 3811. August 2001 Domestic Return Receipt i02595-02-M-154\; , r ; j ~ ; j ; { , i it f ; \i ( ';'; i ii\ ,i\lli II Ijl;, !I'llli Victor (). S+e.2.\ \\ 15(:f1 5o".ln, ma('~~ ~hQl'\ 1c.3 bl>'CJ fA" . I . ) 7()SS U.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage ProvIded) , , U1 [l" r'I ru U1 fT1 co r-- Postage $ Certified Fee Cl Return Receipt Fee ru (Endorsement Required) Cl Restricted Delivery Fee Cl {Er.dQrserMnt Required) CO CJ Total Postage & Fees $ =r- m Name (Please Print Cleariy) (to be completed by mailer) PostmarK Here ~ 'Si;;;i:APi:'N';';;~Q91'Slli+h'ro;:~:K~+'::s;t:: r-- "{;i'ty,'Stat"i,"Z/P+4".- n h . ,... .5 E1SENBERG. GOLD & CETTEr A PROFESSTONAL CORPORUION ~~~d ~p NINE TANNER STREET, WEST ENTRY HADDONFIELD. NEW JERSEY 08033 W1LLlAM V, EISENBERG. JANET L GOLD" DO;-.JNA L CETTEJ '" (856)795-0351 FAX {856J429-.'l272 jgold@egclawfirrn.com "'MEMBER NJ AND PA BAR . RljLE ] :40 APPROVED MEDIA TOR February 20, 2004 File No. EF-503-G CERTIFIED MAIL. R.R.R. AND FIRST CLASS MAIL Victor B. Stezin 807 South Market Street Mechanicsburg, P A 17055 RE: Equity One, Inc. v. Victor B. Stezin and Suzanne M. Stezin Act 91 Notice to Take Action to Save Your Home From Foreclosure COMBINED ACT 6/ ACT 91 NOTICE This is an official notice that the mortgal!e on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save your home. This Notice explains how the prOl!ram works. To see if HEMAP can helD. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when yOU meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the eud of this Notice. If yOU have any Questions. yOU may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397.(Persons with irnpaired hearing can call (717) 780-1869). This Notice contains important 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 IMPORTANCIA, PUES AFECTA SU DERECHO A CONTIl\'UAR VIVIENDO EN SU CASA. SI NO COMPRE)','DE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO EST A AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Victor B. Stezin and Suzanne M. Steziu 807 South Market S1., Mechanicsburg, P A 17055 N/A Equity One, Inc.d/b/a Popular Financial Services Equity One, Inc. d/b/a Popular Financial Services HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE 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 "'IORTGAGE 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 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. THIS MEETING MUST OCCUR WTTHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE 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 agency 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 telephone numbers of designated consurner credit counseling agencies 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 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 posunarked within thirty (30) days of your face-to-face meeting. You MUST 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 DENTED. 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 time requirements set forth above. You will be notified directly by the Pelllisylvania 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 still apply for Emergency Mortgage Assistance.) How TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 807 South Market Street, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. You HAVE NOT MADE THE FINAL MORTGAGE PAYMENT under the loan and the following amounts are now past due: Loan matured August 2 2,2003: Principal $256,591.50; Interest on Principal $9,313.16; Late Charges $465.68; Extension Fees $679.38; Processing Fee $25.00. TOTAL AMOU!'IT PAST DUE: $267,074.72 as of 2/22/04 with a per diem of $60.58. B. You HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): How TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $267,074.72, plus any interest payments and late charges which become due during the thirty (30) day period. Payrnents must be made either by cash. cashier's check. certified check or money order made payable and sent to: Equity One, Inc., 400 Lippincott Drive, Marlton, NJ 08053, Attn: David Cyhan. IFYOUDONOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30)DA YS 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. If fuII 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 THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage 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 actualIy incurred by the lender even if they exceed $50.00. Any attorney's fees wiII 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 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 surns due under the mortgage. RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you stili 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 other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will pay off your mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estirnated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately eight (8) months from the date ofthis 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 or action will be by contacting the lender. How TO CONTACT THE LENDER: Name of Lender: Address: phone Number: Fax Number: Contact Person: Equity One, Inc. d/b/a Popular financial Services 301 Lippincott Drive, Suite 100, Marlton, New Jersey 08053 (856) 396-2600, ext. 3695 (856) 396-2737 David Cyhan EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor --X- may not (CHECK ONE) 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 or at the sale and that the other requirements of the mortgage are satisfied. You MAY ALSO HAVE THE RIGHT: To SELL THE PROPERTY TO OBTATN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. To HAVE THIS DEFAULT CURED BY ANY THIRD 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 THlS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) To ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTlTUTED 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. SEE ATTACHED CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Very truly yours, EISENBERG, GOLD & CETTEI JANET L. GOLD, ESQUlRE JLG:mw Enclosure . . . . . Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1:. .Article Addressed to: ; ~..l '.p 7-ane m. ~lfezln ; ~ Scufu <<Jar~+ 5+: t. , , ; lYle.Chon,csbur:9' p~ 170::0 COMPLETE THIS SECTION ON DELIVERY 3. Servlc ~erti1l o Registered D Insured Mall 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number lDq q II /,^" (rransfer from service 18be1) 3,/J) u-....otlJ / b3S d /4D PS Fonn 3811, August 2001 Domestic Retum Receipt 102595-02-M-1S4{ i;'; i:' 1 i 11 U.s. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mad Only; No Insurance Coverage Provided) Cl "" .-'l ru W1 rn Cl "" Certified Fee Cl Return Receipt Fee nJ (Endorsement Required) Cl Cl Restricted Delivery Fee (Endorsement Aequked) anile /1). Postage $ PostmarK Here Cl CJ Total Postage & Fees $ "" m Name (Please Print Clearly) (to be completed by mailer) a- a- Cl "" EISEl\1BERG. GOLD & CETTEI A PROFESSIONAL CORPORA nON YIlm[/nd~ d ~ NINE TANNER STREET, WEST ENTRY HADDONFIELD. NEW JERSEY 08033 W1LLlAM v. EISENBERG. Jf\NETL GOLD * DONNA L. CETTEI '" (8561795-035] FAX: (856)429-5272 Jgold@egclawnrm,com *MEMBER N1 AND PA BAR tRULE 1 :40 A.PPROVED MEDIATOR February 20, 2004 File No. EF-503-G CERTIFIED MAIL. R.R.R. AND FIRST CLASS MAIL Suzanne M. Stezin 807 South Market Street Mechanicsburg, PAl 7055 RE: Equity One, Inc. v. Victor B. Stezin and Suzanne M. Stezin Act 91 Notice to Take Action to Save Your Home From Foreclosure COMBINED ACT 6/ ACT 91 NOTICE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when YOU meet with the Counseling A2ency" The name, address and Ilhone number of Consumer Credit Counseling Agencies servin!:! your County are listed at the end of this Notice. If vou have any questions, you may call the Pennsylvania Housing Finance A!:!encv toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important 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 NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Victor B. Stezin and Suzanne M. Stezin 807 South Market St., Mechanicsburg, P A 17055 N/A Equity One, Inc.d/b/a Popular Financial Services Equity One, Inc. d/b/a Popular Financial Services HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE 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 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 tlle end of this Notice. THIS MEETING MUST OCCUR "'lTHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after tlle date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propertv 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 immediatelv 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 namre of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the PelU1sylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. You MUST FILE YOUR APPLICA TION 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 PelU1sylvania 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 time requirements set forth above. You will be notified directly by the Pelillsylvania 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 AJ\l) 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 HiRE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at: 807 South Market Street, Mechanicsburg, PA 17055 IS SERI01.;SLY IN DEFAULT because: A. You HAVE NOT MADE THE FINAL MORTGAGE PAYMENT under the loan and the following amounts are now past due: Loan matured August 22, 2003: Principal $256,591.50; Interest on Principal $9,313.16; Late Charges $465.68; Extension Fees $679.38; Processing Fee $25.00. TOTAL AMOUNT PAST DUE: $267,074.72 as of 2/22/04 with a per diern of$60.58. B. You HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): How TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $267,074.72, plus any interest payments and late charges which become due during the thirty (30) day period. Pavments must be made either bv cash. cashier's check. certified check or money order made pavable and sent to: Equity One, Inc., 400 Lippincott Drive, Marlton, NJ 08053, Attn: David Cyhan. IFYOUDONOTCURE 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. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage 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 ifthey 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 will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lenderrnay also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THEDEF AULT PRIOR TO SHERIFF'S SALE ~ If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will pay off your mortgage. EARl~IEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately eight (8) 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 or action will be by contacting the lender. How TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Equity One, Inc. d/b/a Popular Financial Services 301 Lippincott Drive, Suite 100, Marlton, New Jersey 08053 (856) 396-2600, ext. 3695 (856) 396-2737 David Cyhan EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor -X- may not (CHECK ONE) 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 or at the sale and that the other requirements of the mortgage are satisfied. You MAY ALSO HAVE THE RIGHT: To SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. To HAVE THIS DEFAULT CURED BY ANY THIRD 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 HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) To ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING 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. SEE ATTACHED CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Very truly yours, EISENBERG, GOLD & CETTEI JANET L. GOLD, ESQUIRE JLG:mw Enclosure Homeowners' Emergency Assistance Program Counseling Agency List for CUMBERLAND COUNTY as of 4/18/01 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle St. Gettysburg, PAl 7325 (717) 334-1518 CCCS OF WESTERN P A 2000 Linglestown Road Harrisburg, P A 17 I 02 (717) 541-1757 COMMUNITY ACTION COMMISSION OF CAPITAL REGION 15 14 Derry Street Harrisburg, P A 17104 (7 I 7) 232-9757 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 LOVESHIP, INC. 2320 North 5th Street Harrisburg, P A 171 10 (717) 232-2207 URBAN LEAGUE OF METROPOLITAN HaG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 Homeowners' Emergency Assistance Program Counseling Agency List for CUMBERLAND COUNTY as of 4/18/01 ADA:\IS COUNTY HOUSING AUTHORITY 139-] 43 Carlisle St. Gettysburg, P A 17325 (717) 334-1518 CCCS OF WESTER. "I P A 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 COMMUNITY ACTlOi\! COMMISSION OF CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FINANCIAL COUNSELI:'I'G SERVICES OF FRANKLIN 3 I West 3rd Street Waynesboro, PAl 7268 (717) 762-3285 LOVESHlP, INC. 2320 North 5th Street Harrisburg, PAl 711 0 (717) 232-2207 UREA:\' LEAGUE OF METROPOLITAN REG 2107 N. 6th Street Harrisburg, P A 171 0 1 (717) 234-5925 P -i4 (0 I\l U1.. ~ U'l. - V( - w 0- ~ ~ }.J -..t:.. -~ ~ IF ~ t: ~ (') c .... c~ ",-", CJ' V --1;1 -;;0 I -' -,-/:;,'.-. >.<'l-, < '""'\, , -.:,.,. . ~Z~jS> ~~t> ".y";,(-', .~~(~~. ::.~ - -c .... ~ .'M ff,.~..,. i (or,. -t1f'l"~' V ~;;Q .~': ' c::>(S' \.i~ :~~\ c,;.(') .<- rn ~3 ....... :i-, "'" <.? - c::::> / SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01831 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EQUITY ONE INC VS STEZIN VICTOR B 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 STEZIN SUZANNE M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STEZIN SUZANNE M 807 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DEFENDANT IS BELIEVED TO BE LIVING WITH HER MOTHER AT 11361 CASASTRANO COURT FORT MYERS, FL 33908. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers: / --- ~-:::/::;r_ "-'>-"'f--''' /,,__,..-:-::.-._..r ---JZ::-.< -:.~ / r:~. / ..... ,-'..- ~--.~l/" ~,~:.:;;~~'~~".'- R. Thomas Kllne Sheriff of Cumberland County EISENBERG GOLD CETTEI 04/12/2005 Sworn and subscribed to before me this "-, H~ day of ~J ;2.('IJ5 A.D. Q - ~<t;<--- }Z'l 1.l)t7H~ Pr th notary ..~ r SHERIFF'S RETURN - REGULAR CASE NO: 2005-01831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS STEZIN VICTOR B ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STEZIN VICTOR B the DEFENDANT , at 1116:00 HOURS, on the 11th day of April 2005 at 98 CENTER ROAD NEWVILLE, PA 17241 by handing to PATRICIA STEZIN, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.14 .00 10.00 .00 36.14 ,/'/ / // ,~' ;:?~-1~ R. Thomas Kline 04/12/2005 EISENBERG GOLD CETTEI Sworn and Subscribed to before By: l~~ Deputy Sheriff /h'1'. l~)t~<- e }7u1~, # rot onotary ISE: JU(;J! day of me this A.D. JANET L. GOLD, ESQUIRE Attorney 1.0. #38100 EISENBERG, GOLD & CETTEI, P,C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EQuITY ONE, INC. D/B/A POPULAR i NO. OJ- 1!j3/ Clvl FINANCIAL SERVICES, LLC 301 Lippincott Drive, Suite 100 i CIVIL ACTION - LAW Maritan, New Jersey 08053 Plaintiff, vs. PRAECIPE TO REINSTATE COMPLAINT VICTOR B. STEZIN 98 CENTER ROAD NEWVILLE, P A 17241 SUZANNE M. STEZIN 807 SOUTH MARKET MECHANICSBURG, PA 17055 Defendant. TO THE PROTHONOTARY: Kindly reinstate the complaint in the above entitled matter. EISENBERG, GOLD & CETTEI, P.c. Attorneys for Plaintiff By ~,JJ.. , \ 0 J C;o~~ Dated: May 17, 2005 ---------/- c.-., "":'"<' JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney 1.0. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR i NO. 05-1831 FINANCIAL SERVICES, LLC IN MORTGAGE FORECLOSURE Plaintiff, vs. VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. AFFIDAVIT OF SERVICE PURSUANT TO RULE PA.R.C.P. 404 STATE OF NEW JERSEY ss. COUNTY OF CAMDEN Janet L. Gold, Esquire, being duly sworn according to law, upon her oath, deposes and says that: 1. I am an attorney at law in the Commonwealth of Pennsylvania and I am familiar with the facts set forth herein. 2. The Defendant, Suzanne M. Stezin, whose last known address, according to Plaintiffs records is 807 South Market Street, Mechanicsburg, PA 17055. 3. Attempts to serve said Defendant at the last known address resulted in the Sheriff being unable to serve the Defendant, Suzanne M. Stezin. The Sheriffs Affidavit of Service notes "Defendant is believed to be living with her mother at 11361 Casastrano Court, Fort Myers, FL 33908. A copy of the Affidavit of Service is artached hereto and made a part hereof as Exhibit A. An investigation has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 4. On May 17, 2005, I ran a PostalInquiry Search on the Defendant, Suzanne M. Stezin inquiring as to the defendants current address as 11361 Capistrano Ct., Fort Myers, FL 33908-4034. The search was returned to me showing the Fort Myers, FL address "good as addressed". A copy of the Postal Inquiry is attached hereto and made a part hereof as Exhibit B. 5. On May 24, 2005, I served by regular and certified mail, restricted delivery, a copy of the Notice to Defend and Complaint in Mortgage Foreclosure upon the Defendant, Suzanne M. Stezin. The certified mail return receipt was returned signed by Suzanne Stezin on May 28,2005. A copy of the executed green card is attached hereto and made a part hereof. 6. More than 15 days have passed since the mailing of the regular mail. 7. Based on the foregoing inquiries, I am satisfied and convinced that the defendant(s), Suzanne M. Stezin, cannot be personally served in the State of Pennsylvania and it is my personal knowledge and belief that the defendant(s), Suzanne M. Stezin, resides at 11361 Capistrano Court, Fort Myers, FL 33908-4034. \~~\}- JANET . OLD, QUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 21st DAY OF June, 2005. ~~. ~..\;1'O ~ DIll I€. MOUDAV NOJAI\' PUIIJC Of NEW JIIISIY CommlIIIollIxplrel SlW20IO JANET L. GOLD, ESQUIRE (Equity One, Tnc.) Attorney 1.0. #38100 EISENBERG, GOLD & CETTEI, P.c. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EQUITV ONE, INC. D/I3/A POPULAR SERVICES, LLC 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 FINANCIAL ! NO, 05-1831 CIVIL ACTION - LAW Plaintiff, NOTICE TO DEFEND vs. VICTOR B. STEZlN 98 CENTER ROAD NEWVILLE, PA 17241 SUZANNE M. STEZIN 807 SOUTH MARKET MECHANICSBURG, PA 17055 Defendant. ~ 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-0183~ 2 COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~-~> EQUITY ONE INC VS STEZIN VICTOR B 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 STEZIN SUZANNE M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STEZIN SUZANNE M 807 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DEFENDANT IS BELIEVED TO BE LIVING WITH HER MOTHER AT 11361 CASASTRANO COURT FORT MYERS, FL 33908. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 ,00 5.00 10.00 .00 21.00 So answ..ers:.. .~ ~ -~/~ R. Thomas K1J.ne Sheriff of Cumberland County EISENBERG GOLD CETTEI 04/12/2005 Sworn and subscribed to before me this day of A.D. Prothonotary (x. h \ \:).. -\ A EISENBERG. GOLD & CETTEI A PROFESSIONAL CORPORA nON 1~@~itW1l:ii\\ JUN 07 2005 J!!} BY: __t.f.:_2)~.-, Yf~ cd Yam NINE TANNER STREET, WEST ENTRY HADDONFIELD, NEW JERSEY 08033 WILUN.1 y, EISENBERG. JANETL. GOLD '" DONNA L CETTEI '" (856)795-0351 FAX (356)429-5272 jgold@egclawfirm.com "'l'v1ErvlBER NJ AND PA BAR +RULE 1:40 APPROVED 11EDIATOR May 17, 2005 File No. EF-503-G Postmaster Fort Myers, FL 33908 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMA nON NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: NAME: Suzanne Stezin &'0;;) h jJJ) D;u JJm ADDRESS: 1136l Capistrano Ct. Fort Mvers. FL 33908-4034 . O)/cJ ~ NOTE: The name and last known address are required for change of address information. The name, ifknown, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.5(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(l) and (2) and corresponding Administrative Support Manual 352.44a and b. l. Capacity of requester (e.g. process server, attorney, party representing himsel!): attornev ? Statute or regulation that employers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation action pro se must cite statute): 3. The names of all known parties to the litigation: Equity One. Inc. vs. Victor B. Stezin and Suzanne M. Stezin 4. The Court in which the case has been or will be heard: Cumberland County 5. The docket or other identifYing number/if one has been issued: 05-1831 6. The capacity in which this individual is to be served (e.g. defendant or witness): defendant E '( ~ \ 'C... \- "E WARNING rHEN SUBMISSION OF FALSE INFORMA TIONTO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN COI'I'NECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE UP ro 510,000 OR IMPRISONMENT OR (2) TO A VOID PA YMENT OF THE FEE OR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18. U.S.C. SECTION 100!). I certify that the above infonnation is true and that the address infonnation is needed and will be used solely for service of legal process in connection with actual or prospective litigation. "GNA~ 9 Tanner Street - West Entrv STREET ADDRESS JANET L. GOLD, ESOUIRE PRINTED NAME Haddonfield. New Jersev 08033 CITY, STATE, ZIP CODE FOR POST OFFICE USE ONLY '/ ~ No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. 1 . "Il- I ~ t..7 L,,/yll ~J{ 1f1 . . . . COMPLETE THIS SECTION ON DELlVER\' . Complete items 1, 2. and 3. Also complete nem 4 if Restricted Delivery is desired, . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of th,l! mallplece, or on the front if space pennits. C \= - 5 1. Article Addressed to: ~~{\'t. ~a..\(\ \\:::'\...t\ ~~C ~+. r-Of -\-- \'IIi e.r~ \ FL 3~~-*~Y. CJ Agent CJ Addresse \ C. Date of Deliver 5~"j, -6 ~ D. Is delivery add.... dlllerent from Item 11 CJ Yes ff YES, e_ delivtlry address below: CJ No 3. IiY'lce 1YPo lI.. Ce<1If\ed Moll iEllpma Moll CJ Registered Retum Receipt for Merchandise CJ InSUlOd Mall C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. ArtiCle Number (1'nmsf8rrtom servlc81sbe1) .PS Fonn 3811, Februery 2004 7004 1350 0005 4659 0847 Domestic Return Aeceipt 102595-02-M-1540 <2... ~ \..\ \ ~ -\- \\ c.. \ \ ....., c:;:> c.;:.-:> c;..Il -, c-: ~.:.-:-: CJ -n ..... -"C-r-, rl1p::. (;:\ U () ,'. "'1 (:) [Ii N W -0 "" r::J JANET L. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street. West Entry Haddonfie1d, New Jersey 08033 (856) 795.0351 Attorney for Plaintiff Attorney I.D. #38100 File No. EF.503.G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION ' LAW EQUITY ONE, INC., D/B/A POPULAR: NO. 05.1831 FINANCIAL SERVICES, LLC . Plaintiff, vs. ! PRAECIPE TO ENTER JUDGMENT VICTOR B. STEZIN AND SUZANNE M. STEZlN Defendant. TO: Prothonotary of Cumberland County Enter judgment by default in favor of Plaintiff and against Defendant(s) for failure of Defendant(s) to file a responsive pleading to the Complaint within the time set forth by law. I hereby certify that defendants were mailed a notice of plaintiff's intention to file the Praecipe to enter the default pursuant to P A.R.C.P. 237.1 after the defendants failure to plead to the complaint and at least ten (10) days prior to e date of the filing of this Praecipe. Assess damages as follows; (a) Principal (b) Interest frorn '1/22/04 to 8/31/05 at 8.5% per annum (c) Attorneys' commission (d) Late Charges (e) Extension Fees TOTAL $ 256,591.50 $ 30.111.53 $ 3,000.00 $ 1.660.08 $ 2,717.50 $ 294,080.61 I certify tha t the foregoing assessment of damages is for specific amounts alleged to be due in the Complaint and is calculable as a sum cert . m e plaint. AND NOW, this .),.:),0c.4ay of fJ( L t ' 2005, judgment by default is entered in favor of the Plaintiff and against the Defendant, nd damages are assessed' the sum of $ ~ JANET L. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff AttorneyI.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR' NO. 05-1831 FINANCIAL SERVICES, LLC Plaintiff, IN MORTGAGE FORECLOSURE vs. VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: Victor B. Stezin 807 South Market Street Mechanicsburg, P A 17055 DATE OF NOTICE: June 21. 2005 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the follOwing office to find out where you can get legal help: LAWYER REFERRAL SERVICE 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telenhone: (717) 240-6200 U.S. POSTAL SERVICE CERTIFICATE OF MAILING J MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R".i"d 'EISEllIEM. GOLD __ EKtR'l' . tTAKIIER IT. ....... 's Form 3817, January 2001 ... I:; 1 de su parte en este caso. A menos de que registra una sentencia contra usted, sin el 5 importantes. Usted debe llevar este aviso lede paga por los servicios de un abogado, )uede obtener ayuda legal: , LEGAL :ourthouse )0 L~.~~- JAt'ffiT L. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C, 9 Tanner Street. West Entry Haddonfield, New Jersey 08033 (856) 795.0351 Attorney for Plaintiff Attorney I.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR i NO. 05.1831 FINANCIAL SERVICES, LLC : Plaintiff, i.. IN MORTGAGE FORECLOSURE vs. VICTOR B. STEZIN AND SUZANNE M. STEZlN Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: Suzanne M. Stezin 11361 Capistrano Ct, Fort Myers, FL 33908.4034 DATE OF NOTICE: June 21,2005 IMPORT ANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: LAWYER REFERRAL SERVICE 4th Floor, Cumberland County Courrhouse Carlisle, PA 17013 - - - - '.00 u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT PROVIDE FO~ lNSUAANCE-POSTMASTE ' Rec~e Form 3817, January 2001 & da de su parte en este caso. A menos de Juede registra una sentencia contra usted, lerechos importantes. Usted debe !levar 10 y no puede paga par los servidas de un ir donde puede obrener ayuda legal: , LEGAL :ourthouse )0 'L~ JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 856) 795-0351 Attorney for Plaintiff Attorney J.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR i NO. 05-1831 FINANCIAL SERVICES, LLC Plaintiff, vs. AFFLDA VIT OF NON-MILlT ARY SERVICE AND CERTIFICATION OF ADDRESS VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. STATE OF NEW JERSEY : ss. COUNTY OF BURLINGTON /CAMDEN Ouintin C. Cochran , of full age, being duly sworn according to law, on his/hcr oath deposes and says that I am Loss Mitigation Specialist of Plaintiff; that 1 am authorized to make this Affidavit on behalf of the Plaintiff; that the above named Defendant(s) Victor B. Stezin resides at; 807 South Market Street, Mechanicsburg, PA 17055 and that the above named Defendant(s) Suzanne M. Stezin resides at 11361 Capistrano Court, Fort Myers, FL 33908- 4034 and that the Defendant(s) is/are not in the military or naval service of the United States or any State or territory thereof, or its allies, as defined in the Soldiers and Sailors Civil Relief Act of 1940 and the Amendments thereto. Deponent also certifies that the address of the Plaintiff is: 121 Woodcrest Road, Cherry HilI, NJ 08003 oI;;;f-' (i ~0lL ~€k - _ D SUBScazIBED THI I DAY , 005. ftlilllALDA v...~ HOrAlrPIIUCOfHlW.-r ~. l",flQlIIIIllJfIDp p .{g. t -p '\L ...0 ~ Q. lJ::- 0 ~ '3> ~ ~ 0- ?" ~ _'_ -f\ -0' . rf\f: - n\\Y C' r" 0- - ~ -U -.J;::-. '){It:> 1'\ ~ \.JJ (J'\ ~ 1,-)(-) r ,...--\'-:;" ~ ..0 ~:,( --;. -~\ ""'"'" '\~.~-A j --..? C>- t.'.> '~_'_ '::S: 1: ~,;;. 1.._.' .,;; , , :;::.I. IU - -yc.::' C?- 'Y:; - --Sl ~.: .,;2 -:=~ c",) f: +- c.f'. ...L. - JANET L. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney I.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR: NO. 05-1831 FINANCIAL SERVICES, LLC ' Plaintiff, vs. ; IN MORTGAGE FORECLOSURE VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. NOTICE PURSUANT TO RULE 236 TO: Suzanne M. Stezin 11361 Capistrano Ct. Fort Myers, FL 33908-4034 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. (J~ PROT~ONOTARY JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: JANET L. GOLD, ESQUIRE (856) 795-0351 JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney 1.0. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR! NO. 05-1831 FINANCIAL SERVICES, LLC ; Plaintiff, vs. ! IN MORTGAGE FORECWSURE VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. NOTICE PURSUANT TO RULE 236 TO: Victor B. Stezin 807 South Market Street Mechanicsburg, PA 17055 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. PR~~1 JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: JANET L. GOLD, ESQUIRE (856) 795-0351 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P.3180-3183 EQUITY ONE, INC. D/B/A POPULAR: IN THE COURT OF COMMON PLEAS OF FINANCIAL SERVICES, LLC : CUMBERLAND PENNSYLVANIA : NO.... 1831................... Term 2005................... Plaintiff, PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) vs. VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendants. To the Prothonotary of Cumberland County Issue Writ of Execution in the above matter: Amount Due $ 294,080.61 Interest from 4/7/05 $ and Costs. ~~~ Atto ey fOT a' Note: Please attach description of Property. . pn.s5...L., 'f-l'7l(Y} 1--~13 JP ~ 'Pdl\ldS dq heUI sJdded dJdll&.. ~btbll "1f'CI 0; f S'C' fr). V (to80 [N 'Ol3.ItlNOOOVH ,UUN3. 1.S3.&.. - l.3.ffiUS (f3.NNY 1. 6 :SSdJPPV "/1 Q S j;- OtJ QO '/-1 :PdHtl (:nmS01:J1HrOd !IDVD~1l0W) NOLLfl:JHXa tlO 1.HIA\. MOtl adl:JaWd .!' II -h,'6f:fJ ~ JI II - QS'(:- )1 ., - <?Q'b )/ " - o:!S'..ss /I 1/ - OO'I~ .fiB ;soC)- j-,ri~ "rrt!7<!.. oO'5IJs VINV A'IXSNNad 'llNflO:) GNVTHaaWfl:) 110 SVa'Id NOWWO:) 110 DlflO:) am NI .O.['................"OZ UIJd1. ..............................:.ON .O.V................."OZ UIJd1. ..............................:.ON \liNVfY!Asr\!N~d AlNnCn ".'::CJi.'JnQ:rr..........S'o....oZ UIJd1. ..................1 nn....:.ON Lt: :t; Wd OS d3S snoz AtJViONO,'iLQcd 3Hl :10 381:PO--G31!::J ilLEGAL DESCRIPTION" ALL THA.T CERTAIN tract of land situat.ed in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point located on the ',astern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the :right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance o:E 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 minutes 00 seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance o:E 119. S9 feet to the point of beginning. Said area described containing 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. \ BEING THE SAME PREMISES which Charlotte E. Hertzler, widow. by deed dated October 27, 1994 and recorded October 31, 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 114, Page 98 granted and conveyed to Victor B. Stezin and Suzanne M. Stezin, husband and wife. c.~. ....,. ::1;; ;:....'i;~ ..:.,.. - j~i :, "1 :;:, - "'.'1("" :"',' , '~ /:::J~~ ~ -';-::i~~; JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney l.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR NO. 05-1831 FINANCIAL SERVICES, LLC Plaintiff, vs. AFFIDAVIT PURSUANT TO RULE 3129.1 VICTOR B. STEZlN AND SUZANNE M. STEZIN Defendant. STATE OF NEW JERSEY COUNTY OF ~ ss. Equity One, Inc., d/b/a Popular Financial Services, LLC, Plaintiff in the above- captioned matter, sets forth as of the date of the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 807 South Market Street, Mechanicsburg, PA 17055 (see copy of the description attacned hereto as Exhibit A). 1. Name and address of owner(s) or reputed owner(s): Name Add ress Victor B. Stezin 98 Center Road Newville, PA 17241 Suzanne M. Stezin 11361 Capistrano Ct. Fort Myers, FL 33908-4034 2. Name and address of Defendants in the judgment: Name Address Victor B. Stezin 98 Center Road Newville, PA 17241 Suzanne M. Stezin 11361 Capistrano Ct. Fort Myers, FL 33908-4034 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 Equity One, rnc" d/b/a Popular Financial Services Corporation 121 W oodcrest Road Cherry Hill, NJ 08003 5, Name and address of every other person who has any record lien on the property: Address Name Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Domestic Relations 1 Courthouse Square Carlisle, P A 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Add~ Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 170 13 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 807 South Market Street Mechanicsburg, P A 17055 1 verify that the statements made in this 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. g4904 relating to unsworn falsification to authorities. SWORN TO AND SUBSCRIBED BEFORE E T IS Jl_ DAY OF , 2005. ~~ NOTARY PUBLIC SHERRIB.~A~EVVS NOTARY PUBUC OF NEW JERSEY Commission Expires 2/10/2fI1I , 0 ...., 0 = c::; = --n C.." ,'. {,-, .-1 ~} fM:TI .J ,- -00'1 C,.' 7~;16 0 -1'- 'I. v ~~~ ~1~ ::i: {.~ -~5rn .---1 .-.!, (.) :ro -<: -' -< JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney LD. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION . LAW EQUITY ONE, INC., D/B/A POPULAR! NO. 05-1831 FINANCIAL SERVICES, LLC j Plaintiff, vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. TO: Victor B. Stezin 807 South Market Street Mechanicsburg, PA 17055 Your house (realestate) at807 South Market Street, Mechanicsburg, PA 17055, is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 11:00 a,m. in the Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Pennsylvania to enforce the judgment of 294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, LLC. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Equity One, Inc. or its attorney Janet 1.. Gold, Esquire the back payments, late charges, costs and reasonable atrorneys fees due. To find out how much you must pay, you may call (856) 795-0351. 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 the 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. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price by calling (856) 795-0351. 2. You may be able to Petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (856) 795-0351. 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 will 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 April 10, 2006. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) is filed with the Sheriff within ten (10) days after April 10, 2006. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEA LAWYER OR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4'h Floor - Cumberland County Courthouse Carlisle, PA 17013 ilLEGAL DESCRIPTIONII ALL THAT CERTAIN tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point located on the eastern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance of 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 minutes 00 seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance of 119.59 feet to the point of beginning. Said area described containing 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. \ BEING THE SAME PREMISES which Charlotte E. Hertzler, widow, by deed dated October 27, 1994 and recorded October 31, 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 114, Page 98 granted and conveyed to Victor B. Stezin and Suzanne M. Stezin, husband and wife. .;:::f}l it im' ,y.' :;~! ..,.;\1, 'Ill '::}f: "~. ..', , .....^ . .'I?" '., ::>': :..' ,..~ . T~: .\i: "'>:,: o t::, ....' = c.;~ '-" (n CJ <-" o c " ~,~~ :..'\ .-<. -0 ::\;-~. ~ ..... :r;,:D (1 r-:' 1Jrn -OY ?')r) .:~~~~ ~ <.-en ~~:?, -','-- ,;')::) ::..,; (:? c..) -' JANET 1. GOLD, ESQUffiE EISENBERG, GOLD & CETTEI, P,C, 9 Tanner Street - West Entry Haddonfie1d, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney LD. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR NO. 05-1831 FINANCIAL SERVICES, LLC Plaintiff, vs. NOTICE 0]< SHERIFF'S SALE OF REAL PROPERTY VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. TO: Victor B. Stezin 98 Center Road Newville, PA 17241 Your house (real estate) at807 South Market Street, Mechanicsburg, PA 17055, is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 11:00 a.m. in the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania to enforce the judgment of 294,080.61 obrained by Equity One, Inc., d/b/a Popular Financial Services, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Equity One, Inc. or its attorney Janet 1.. Gold, Esquire the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call (856) 795-0351. 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 the 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. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PlACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price by calling (856) 795-0351. 2. You may be able to Petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (856) 795-0351. 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 until1:he full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer will 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 April 10, 2006. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) is filed with the Sheriff within ten (10) days after April 10, 2006. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEA 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 4'h Floor - Cumberland County Courthouse Carlisle, PA 1;g013 * JANET . OLD UiRE ilLEGAL DESCRIPTIONII ALL THAT CERTAIN tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: . BEGINNING at a point located on the ,eastern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance o,E 201.84 feet to an iron pin; thence along lands now or formerly o,E Mechanicsburg Area Joint School System, South 16 degrees 46 minutes DO seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance of 119.59 feet to the point of beginning. Said area described containing 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. \ BEING THE SAME PREMISES which Charlot.te E. Hertzler, widow, by deed dated October 27, 1994 and recorded October 31, 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 114, Page 98 granted and conveyed to Victor B. St.ezin and Suzanne M. Stezin, husband and wife. :}f)l: ......~ ,,:~ if; ...01> "-"\'F 6,1 '1:.:" ., '. . ,.' ..H. : ,>:kll .~ "..:~~~~; (J ?: ,....., = = <J' U" rn -" w o '"t1 ::r= 9n ..... ---n ri'r ,r. --0,.."-, ~_DY :~~S~), ,~. -r.... '(") ("-:" :';~ \~n \} :.::-t .",. "'13 '-< ~? w -' - JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry HaddonfieId, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney LD. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMB1ERLAND COUNTY, PA CIVIL ACTION - LAW EQuITY ONE, INC., D/B/A POPULAR i,:". NO. 05-1831 FINANCIAL SERVICES, LLC Plaintiff, vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. TO: Suzanne M. Stezin 11361 Capistrano Court Fort Myers, FL 33908-4034 Your house (real estate) at807 South Market Street, Mechanicsburg, PA 17055, is scheduled to be sold at Sheriff's Sale on March 8,2006 at 11:00 a.m. in the Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Pennsylvania to en~~)fce the judgment of 294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, ILLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Equity One, Inc. or its attorney Janet 1. Gold, Esquire the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call (856) 795-0351. 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 the 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. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling (856) 795-0351. 2. You may be able to Petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (856) 795-0351. 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 will 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 April 10, 2006. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) is filed with the Sheriff within ten (10) days after April 10, 2006. 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 YOUR 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 4'h Floor - Cumberland County Courthouse Carlisle, PA 17013 C JANETJt~RE "LEGAL DESCRIPTION" ALL THAT CERTAIN tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point located on the eastern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance of 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 minutes 00 seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance of 119.59 feet to the point of beginning. Said area described containing 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. \ BEING THE SAME PREMISES which Charlc,tte E. Hertzler, widow, by deed dated October 27, 1994 and recorded October 31, 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 114, Page 98 granted and conveyed to Victor B. Stezin and Suzanne M. Stezin, husband and wife. l :;;::~~ J~~~ , '!j }& ....:i7{; ,) :'1 "1\ .{~ '~i:Zl .,~ .)\. ,:::::;\~ (] c: ,~ ~~ " -'I ~~ ....., = <=~ "" en fT1 v W C) o -n --l fA::!J ,.'" -Otli ",!y '-'-::: (~) X::T; \:~c~ g.n ~lj -< :2 -'l":" '-d ~'" -.J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 1'0 05-1831 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC. D/B/A POPULAR FINANCIAL SERVICES, LLC., Plaintiff (s) From vrCTOR B. STEZIN AND SUZANNE M, STEZIN (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $294,080,61 Interest FROM 417105 L.L. $,50 Atty's Comm % Due Prothy $1.00 Other Costs Arty Paid $139,14 Plaintiff Paid Date: SEPTEMBER 30, 2005 (Seal) (J/Ih Ifl~ Piothonotary-----~ By: Deputy REQUESTING PARTY: Name JANET L. GOLD, ESQUIRE Address: EISENBERG, GOLD & CETTEL, P.c. 9 TANNER STREET - WEST ENTRY HADDONFIELD, NJ 08033 Attorney for: PLAINTIFF Telephone: 856-795-0351 Supreme Court lD No. 38100 JANET L. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Att'lrncy 1.0. #38100 Ftle No. EF,503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, lNC., D/B/A POPULAR: NO. 05-1831 fiNANCIAL SERVICES, LLC Plaintiff, MOTION 1'01 REASSESS DAMAGES vs. VICTOR B. STEZlN AND SUZANNE M. STEZIN Defendant. TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: Plaintiff, Equity Onc, Inc., by its attorney, Janct 1.. Gold, Esquire, rcspectfully rcprcscnts thc following in support of a rcqucst to reasscss damages in the above mattcr: I. On April 7, 2005, Plaintiff filcd its Complaint in Mortgagc Foreclosure. 2. Thc Defendants wcrc servcd and Praecipc to Entcr Judgment by Default was entcred and damagcs wcre assesscd in the amount $294,080.61 on August 22,2005. 3. Sincc the datc the judgment was cntered, damagcs havc incrcased as Illllows: . Unpaid Principal Balance $256,59 I .50 Late Charges $ 2,214.45 Interest through 0l/03/06 $ 37,684.66 Extension Fees $ 3,170.42 Real btat" Tax"s Advanced on 12116/05 (See Exhibits "A" and "B" attached) $ 9,997.87 Attorney's Commission $ 3,000.00 Total $312,658.90 4. No other motions have been ruled upon in this matt"r. WHEREFORE, Plaintiff Equity One, Inc., requests that this Honorable Court r"assess damages in the amount of $312,658.90. EISENBERG, GOLD & CETTEl, P.c. Attorney for Petitioner By () ~ ,,,,,-- JtJ~ L. ~ ESQUIRE VERIFlCA TION Janet L. Gold, Esquire, hereby states that she is the attorney 1(11' the Petitioner in this action, that she is authorized to take this Affidavit, and that the statements made in the f()1'Cgoing Petition to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to ,1uthorities. Date; J;muary 3, 2006 BY;~.~ J L. LD, ESQUIRE A rney for Petitioner JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street. West Entry Haddonfield, New Jersey 08033 (856) 795.0351 Attorney for Plaintiff ,\ttorney LD. #38100 hie No. EF-S03-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PA CIVIL ACTION - LAW EQuITY ONE, INC., D/B/A POPULAR. Docket No.: 05-1831 FINANCIAL SERVICES, LLC P18intiff, vs. VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR REASSESSMENT OF DAMAGES On April 7, 2005, Plaintiff filed its Complaint in Mortgage Foreclosure. Defendant Victor B. Stezin was served on April 11, 200S and Defendant Suzanne M. Stezin was ,crved on May 28, 2005. The Defendant(s) were properly served and failed to answer and :dler proper notice pursu,mt to Pa.R.C.P. 237.1 Judgment by Default was entered pur,ua11l to Pa.R.C.P. 236. The Prothonotary entered Judgment and assessed damages at $294,080.61 on August 22, 2005. Since the date that the Judgment was entered by the Prothonotary, Plaintiffs ,Lunage, have increased as a result of Defendant's failure to real estate taxes and due to t1w delay in the Sheriffs Sale caused by waiting for a date from the Sheriffs Office as to interest which has accrued. Up to and including December 30, 200S, Plaintiffs damages h:lVe increased from $294,080.61 to $312,658.90. Pa.R.C.P. 103 7 (b) provides that the Prothonotary, on Praecipe of the Plaintiff shall enter Judgment against the Defendant for failure to file within the required time an Answer to a Complaint which contained a Notice to Defend. In the case at har, Plaintiff ilk'cl :1 Complaint with a Notice to Defend to which Defendant failed to answer. Pa.R.C.P. 1037 (b) (1) provides for the Prothonotary to assess damages to which the PLlintiff is entitled if it is a sum certain or which can be made certain by computation. Plaintiffs Complaint was one in Mortgage Foreclosure. The damages are a sum certain or readily :lscertainable by computation. The unpaid principal halance, interest, late charges, attorney's fees, real estate taxes and court costs arc aU readily ascertainahle and pwperty :lssessed by the Prothonotary. However, as time passes, interest on the unpaid principal balance accrues and incre:lses. Furthermore, some of the other charges also increase such as the need to pay unpaid real estate taxes to protect the lien of the mortgage. Each and every one of these increases in Plaintiffs damages are certain or certain by computation. WHEREFORE, Plaintiff, Equity One, lnc., respectfully requests that this Ilonor:lhlc Court reassess damages up to and including Decemher 31, 2005 in the amount 01 ~ 312,658.90. ~ BY: L}\ TED: January 3, 2006 Respectfully submitted, EISENBERG, GOLD & CETTEI, P.c. . ~ JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795.0351 Attorney for Plaintiff !\ltorney l.D. #38100 hIe No. EF.503.G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION. LAW EQl1ITY Ot\E, INC., D/B/A POPULAR: Docket No.: 05.1831 II!\JANCIAL SERVICES, LLC Plaintiff, vs. VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. . CERTIFICATION OF SERVICE I, Janet L. Gold, Esquire, caused to mail to Victor B. Stezin at his last known :Icldress of last known address of98 Center Road, Newville, PA 17241 and Suzanne M. :otczin at ller last known address of 11361 Capistrano Court, Fort Myers, FL 33908-4034, :1 copy of Motion Cover Sheet, proposed form of Order, Motion to Reassess Damages, Memorandum of Law and Certification of Service on January 3, 2006 by way of certitled 1l1:1I1. return receipt requested and regular mail. I certify that the foregoing statements made by me are true. I am aware that if any (JI. tile j()regoing statements made hy me are willfully false, I am subject to punishment. ~~ ~:)LD, UIRE LJ:lled: J:\I1uary 3, 2006 r-.> r'-) ':' ::~1 ,::-.... L_ I en I...:J r,) ..f:- ~/ .IAN 0 11 LUUb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQI [TY ONE, INC., D/B/A POPULAR: Docket No.: 05.1831 FINANCIAL SERVICES, LLC \',';. VICTOR R STEZIN AND Sl:ZANNE M. STEZIN Plaintiff, Defendant. ORDER AND NOW, this \~t\. dayof:X '2.J7uv ') ,2006, damages against Ddcmlant(s) previously assessed at $294,080.61 are now reassessed to the sum of SlI2,658.90 INTERESTED PARTIES: J/tctm I). Stezin 9K Center Road Newville, P A 17241 ,;(:~\l1J1" M. Stezin II 361 Capistrano Court j-"It Mvers, FL 33908-4034 [. I ocni)LC(j" , (,old. /, H ' l "c e I :.. ''Y s~~,~ \C~~ ,Olr \", O\~ ,pi J. <'~,' ~; , i.. s=}::Z JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street. West Entry Haddonfield, New Jersey 08033 (856) 795.0351 Attorney for Plaintiff Attorney LD. #38100 File No. EF.503.G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CIVIL ACTION . LAW EQUITY ONE, INC., D/B/A POPULAR i NO. 05-1831 FINANCIAL SERVICES, LLC ! Plaintiff, , vs. AFFIDAVIT OF SERVICE VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. Janet L. Gold, of full age, according to law, upon her oath, deposes and says that: 1. I am the attorney for plaintiff in the above captioned matter. 2. On October 14, 2005 I served upon the following party a copy of the of Sheriffs Sale Notice of Real Property, via first class mail and certified mail, restricted delivery, postage prepaid which certified mail was signed for by the Defendant on October 21, 200S: Suzanne M. Stezin 11361 Capistrano Court Fo" MY'''' FL 33908-4~ JANET OL SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2006. NOTARY PUBLIC .. . . COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2. and 3. Also complete ~em 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that We can return the card to you. . Attach this card to the back of the maHpiece. or on the front if space permits. ~ ' 'Si>~ ~. Artlel dressecl to: C'\ .t.. 'S.\(. i..... ~~~. ~\. \X\~U'..... f\... ~~\- 4\:)".:> Agent o AddreSSEK 3. Service Type ~ Certified Mall 0 Express Mail D Registered ~e. turn Receipt for Merchandise o Insured Mall O't.O.D. . 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service label) PS Fonn 3811, February 2004 7004 1350 0005 4659 3077 Domestic Return Receipt 102595-02-M-1541 . ) UNITED STATES POSTAL SE R ~ fC ~ PM <..,. ... .... "- '" rll::>L-I.,,;1 :ian'- ti.. ,~e aid '- 't1'l'o~ G'''Ill- . Sepder: Please pn It} )1;@ m ll\W~1i1I 11\ OC1\ ~ 4 2005 J)lJ EISENBERG, GOLD' cm~:c, e.f;!2Q~.; ITANNER ST. WEST EtlRlf -- ..- HADDONFIILD, NJ 08033 11I,,,l.,I,illlll,Il,,,Il,,,I,l.I,,I,i,I,Il,,.I,I,,I.i,,I,,,1i . 0 ~." 0 ~~'-.., (.--- C~::';> _on ". <;J-' -n .-\ 'C' rn [-.1 c1J I C'" ~- - t;:' ~~ c) G~ JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street. West Entry Haddonfield, New Jersey 08033 (856) 795.0351 Attorney for Plaintiff Attorney I.D. #38100 File No. EF-S03-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION. LAW EQUITY ONE, INC., D/B/A POPULAR i NO. OS-IS31 FINANCIAL SERVICES, LLC : Plaintiff, vs. AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. STATE OF NEW JERSEY : SS. COUNTY OF CAMDEN Janet 1. Gold, of full age, according to law, upon her oath, deposes and says that: 1. I am the attorney for plaintiff in the above captioned matter. 2. On October 11, 2005, I served upon the following parties, via first class mail, postage prepaid, with a 3817 Certificate of Mailing, a copy of the Notice of Sheriffs Sale of Real Property pursuant to Pennsylvania Rules of Civil Procedure 3129.1: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Tenant(s) 807 South Market Street Mechanicsburg, PA 17055 Household Realty Corporation 25 Gateway Square. Suite 107 Mechanicsburg, PA 17055 3. On Fehruary 3, 2006, I served upon the following parties, via first class mail, postage prepaid, with a 3817 Certificate of Mailing, a copy of the Notice of Sheriffs Sale of Real Property pursuant to Pennsylvania Rules of Civil Procedure 3129.1: Domestic Relations 1 Courthouse Square Carlisle, P A 171 03 4. Copies of the Notices and 3817 Certificates of Mailing are attached hereto and made a part hereof as Exhibit A. 5. On January 11, 2005 the Defendant, Victor B. Stezin, was personally served with the Notice of Sheriffs Sale at his residence of98 Center Road, Newville, PA. 6. On January 9, 2006, the property was posted with the Notice of Sheriff Sale and the original Affidavit is attached hereto for filing. 7. On October 21,2005, I served the Defendant, Suzanne M. Stezin, by certified mail, return receipt requested, restricted delivery and regular mail a Notice of the Sheriffs Sale at his/her last known address of 11361 Capistrano Court, Ft. Myers, FL 33908-4034. A copy of the returned envelope/ signed return receipt is attached hereto as Exhibit B. 1 hereby certify that the foregoing statements made by me are true to the best of my knowledge, information and belief. I am aware that if any of the foregoing statements made by me are willfully false, 1 am subject to punishment. ~ JANET . G LD SWORN TO AND SUBSCRffiED BEFORE ME THIS 1oi1-l DAY OF f:e.bCuc..fY ,2005. __~,._' ~D.:d~ NOTARY PUBL C QIIIIt HOUDAY UAW PUBlIC Of NEW JEISEV i~Il'''ll'l1t1i\Ol! ExpIIes 3/W2010 , . EXHIBIT "A" EISENBERG. GOLD & CETIEI A PROFESSIONAL CORPORATION Counselors at Law NINE TANNER STREET. WEST ENTRY HADDON FIELD. NEW JERSEY 08033 WILLIAM V. EISENBERG. JANET L GOLD'" DONNA L. CETTEI .. "'MEMBER ~J AND PA BAR +RL'LE 1:40 APPROVED !l.IEDIATOR October 11,2005 (856)795.0351 FAX, (856) 4Z9.5272 jgo\d@egclawfum.com File No. EF-503-G NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: T enant(s) S07 South Market Street Mechanicsburg, PA 17055 OWNER(S): Victor B. Stezin and Suzanne M. Stezin PROPERTY: S07 South Market Street Mechanicsburg, PA 1705S The above-captioned property is scheduled to be sold at Sheriffs Sale on March S, 2006 at 11:00 a.m. in the Cumberland County Sheriffs Office, One Courthouse Squire, Carlisle, Pennsylvania to enforce the Courtjudgmentof$294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, LLC. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. U.s. PqiSTAL SERVICE CERTIFICATE MAY BE .0SEO FOR DOMESTIC AND INTERNATION PROVID ,t FOR ,INSURANCE POSTMASTER ReceilledFrom: PS Form 3817, January 2001 iff on a date specified by the Sheriff be made in accordance with the IYS after the filing of the schedule. uly yours, ERG, GOLD & CETTEI, P .C. ~ L. GOLD, ESQUIRE IRNEY I.D. NO.: 38100 EISENBERG. GOLD & CETIEl A PROFESSIONAL CORPORATION Counselors at Law NINE TANNER STREET - WEST ENTRY HADDONFIELD. NEW JERSEY 08033 WILLlA}.1 V. EISENBERG. JANET 1. GOLD * DONNA 1. CETTEI " (856)7<15-'1351 F.'I,X {B56l4Z9-5Z72 jgold@egdawnnn.com *ME:-.mER NJ AND PA BAR . Rl:LE 1:40 APPROVED ~IEDlA TOR October 11, 2005 File No. EF.S03-G NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Household Realty Corporation 2S Gateway Square - Suite 107 Mechanicsburg, PAl 7055 OWNER(S): Victor B. Stezin and Suzanne M. Stezin PROPERTY: 807 South Market Street Mechanicsburg, P A 17055 The above-captioned property is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 11:00 a.m. in the Cumberland County Sheriffs Office, One Courthouse Squire, Carlisle, Pennsylvania to enforce the Court judgment of$294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, LLC. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. Receiv dFrorn; Affix fee herein slamps tageana nquireof for current Jf on a date specified by the Sheriff be made in accordance with the ys after the filing of the schedule. A crh"",-l..L" r-,.( ,J:~.._;L_ .' 0111 U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERN PROVIDE OR INSURANCE POSTMASTER tly yours, eRG, GOLD & CETTEl, P.C. L. GOLD, ESQUIRE ~EY I.D. NO.: 38100 PS Fmm 3817, January 2001 EISENBERG. GOLD & CETTEI A PROFESSIONAL CORPORATION Counselors at Law NINE TANNER STREET "WEST ENTRY HADDON FIELD. NEW JERSEY 08033 WILLIAM v. EISENBERG. JA;-';ET L GOLD .. DONNA L. CETIE! .. "MEMBER NJ AND PA BAR +RULE 1:40 APPROVED ~lEDIATOR October 11, 2005 (856)795-0351 FAX, (S56}429.mZ jgold@egcmwfinn,com File No. EF-503.G NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 TO: mVNER\S).; . , Victor B. Stezin and Suzanne M. Stezin ,." PROPERTY : 807 South Market Street Mechanicsburg, P A 17055 The above-captioned property is scheduled to be sold at Sheriffs Sale on March 8, 2006 at 11:00 a.m. in the Cumberland County Sheriffs Office, One Courthouse Squire, Carlisle, Pennsylvania to enforce the Court judgment of$294,080.61 obtained by EquitY One, Inc., d/b/a Popular Financial Services, LLC. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. ReceivedF m: U,S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATION MIll PROVIDE FOR SURANCE POSTMASTER v" LING One piece of ordinary mail addressed 10: \ ~"'~. ... '- \;,~l.... ~C\' \ PS Form 3817, January 2001 "iff on a date specified by the Sheriff I be made in accordance with the ays after the filing of the schedule. 'uly yours, 3ERG, GOLD &CETTEI, P.C. r L. GOLD, ESQUIRE' · )RNEY I.D. NO.: 38100 .' ~ < l,'!" EISENBERG. GOLD & CETTEI A PROFESSIONAL CORPORATION Counselors at Law NINE TANNER STREET. WEST ENTRY HADDONFIELD. NEW JERSEY 08033 WILLIAM V. EISENBERG. ]ANITL GOLD * DONNA L. CEDE! . *~fE:VIBER NJ AND PA BAR +RULE 1:40 APPROVED MEDIATOR February 3, 2006 iaS:6)79$-03S1 FAX: (856)429-5172 jgold@egclawfirm.com File No. EF-503.G NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Domestic Relations 1 Courthouse Square Carlisle, P A 17013 OWNER(S) : Victor B. Stezin and Suzanne M. Stezin PROPERTY: 807 South Market Street Mechanicsburg, P A 170S5 The above-captioned property is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 11:00 a.m. in the Cumberland County Sheriffs Office, One Courthouse Squire, Carlisle, Pennsylvania to enforce the Court judgment of$294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, LLC. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. U . POSTAL SERVICE CERTIFICA AILING M Y BE USED ~OR DOMESTIC AND lNTERNA TI PROVIDE FOR INSURANCE POSTMASTER T ReceiveoFrom" PS Form 3817, January 2001 f on a date specified by the Sheriff Je made in accordance with the s after the filing of the schedule. 1- yours, RG, GOLD & CETTEI, P.C. L. GOLD, ESQUIRE NEY J.D. NO.: 38100 EXHIBIT "B" - -l34..-~:~,,~. - Ple ee ~ '"va 1~_1!::1l...J . Complete items 1, 2. and 3. Also complete A. ~ature .... .11 Ai. '" item 4 If Restricted Delivery is desired. X'D ~ V"_ . Print your name and address on the reverse so that ml can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. .; .. ~~ 1. Artlcl .. . . C'\ ~ 'S.\<. i.. i'\ ~~ct-. ~\. \'<\~U..".. F\... ~~,- 4c~ 2. Article Number (Transfer from servfce fabeI) !I'"l"!'l' 'l'IH'1I 'I'{'t' 'l'I~'>>I1\i!J81'1lf'4btfM~R004 COMPLETE THIS SECTION ON DELIVERY , Agent o AddresseE 3. Service Type lX. Certified Mail 0 Express Mail o Registered ~etum ReceIpt for MerchandisE o Insured Mail 0 't.O.D. 4. Restricted Delivery? (Extra Fee) Yes 7004 1350 0005 4659 3077 102595-02-M-154 Domestic Return Receipt -"'~' II I 3S W.LSOd S3.L\I.LS G3.LINn U090 I'M 'nLlNOaClVH -.:--;.;.=":--1-2-- :AU4l1 !SilM' J.S 1I11NNYl 8 . "'7::...\..r;:r;J ':)'::\'J'l3W3,a'OO'0tI118NlISIi I ~onz V? \13. (1 1 ~.u~mil~)~ \f. . . . -i'~gl:Z ptIl!""!lsaJppe 'aw~u pd aseald :Japuas . ~,,]~ f .L'" l. l~ rid ~ ) :I C;H . t'_~ ., C) , --'I -, , .....'1 :~ , \ [':1 -n c.:) c- I C0 . , ....,. , - : C\ ,:.,; . Real Estate Sale # 14 On December 13,2005 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 807 South Market Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13,2005 By:<J~ f iAALtl ~ ~ ~ Real Estate Sergeant - \(:\1'<;/ (-lJO~BBI 'J~JJ-~f\h~ ?,\],o.:,::\" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1831 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EQUITY ONE, INC. D/B/A POPULAR FINANCIAL SERVICES, LLC., Plaintiff (s) From VICTOR B. STEZIN AND SUZANNE M. STEZIN (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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $294,080.61 Interest FROM 4/7/05 L.L. $.50 Ally's Comm % Ally Paid $139.14 Plaintiff Paid Date: SEPTEMBER 30, 2005 Due Prothy $1.00 Other Costs erof.~ (Seal) By: Deputy REQUESTING PARTY: Name JANET L. GOLD, ESQUIRE Address: EISENBERG, GOLD & CETTEL, P.C. 9 TANNER STREET - WEST ENTRY HADDONFIELD, NJ 08033 Attorney for: PLAINTIFF Telephone: 856-795-0351 Supreme Court ID No. 38100 "LEGAL DESCRIPTION" ALL THAT CERTAIN tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: 'BEGINNING at a point located on the eastern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now Or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 Seconds East a distance of 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 minutes 00 seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance of 119.59 feet to the point of beginning. Said area described containing 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. \ BEING THE SAME PREMISES which Charlotte E. Hertzler, widow, by deed dated October 27, 1994 and recorded October 31, 1994 in the CUmberland County Office of the Recorder of Deeds in Deed Book 114, Page 98 granted and conveyed to Victor B. Stezin and Suzanne M. Stezin, husband and wife. '~I . "':':~q..: .:..'''..... ~"I'~ . l~t ....... ~,...".. "'l.; :{'%<i!r.'!t: . 1<'1'" '. ~/"'Cw ' ~~.~~~: ! ;:~r?}~ :. 1st I" .'. t~~::'i%:', ,:::. tit)l" }!!{~!~~'.": ....,',....,. . :,/",.\"..; . ! / You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling (856) 795-0351. 2. You may be able to Petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (856) 795-0351. 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 will 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 April 10, 2006. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) is filed with the Sheriff within ten (10) days after April 10, 2006. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEA LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4m Floor - Cumberland County Courthouse Carlisle, P A 17013 " J JANET L GOLD, ESQUIRE EISENBERG, GOLD & CETTEI. P.C. 9 Tanner Street - West Entry Haddonfield. New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney J.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A FINANCIAL SERVICES, LLC Plaintiff, vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY VICTOR B. STEZlN AND SUZANNE M. STEZlN Defendant. TO: Suzanne M. Stezin 11361 Capistrano Court Fort Myers, FL 33908-4034 Your house (real estate) at 807 South Market Street, Mechanicsburg, P A 17055, is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 11 :00 a.m. in the Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Pennsylvania to enforce the judgment of 294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Equity One, Inc. or its attorney Janet L. Gold, Esquire the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call (856) 795-0351. 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 the stop the sale through other legal proceedings. ~ "LEGAL DESCRIPTION" ALL THAT CERTAIN tract of land situated in Upper Allen Township, cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point located on the eastern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechanicsburg Area Joint School System, thence from said point, along said right of way, North 4S degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same, along a curve, curving to the right with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now Or formerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance of 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 minutes 00 seconds East a distance of 150.50 feet to a point; thence along the same, South 73 degrees 26 minutes 00 seconds West a distance of IIS.59 feet to the point of beginning. Said area described containing 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. \ BEING THE SAME PREMISES which Charlotte E. Hertzler, widow, by deed dated October 27, ISS4 and recorded October 31, 19S4 in the CUmberland County Office of the Recorder of Deeds in Deed Book 114, Page S8 granted and conveyed to Victor B. Stezin and Suzanne M. Stezin, husband and wife. .,' ;::~ ~\il{ ...... .:<:,.0:... Jl1i.. ..... :.ftr,I~~ ...... J4~~:'~it ~ ~';,I ~.(~I :SNij~'>' ........\.'...,. :<:;;,..:::,:...{.'.' ,.:, ~ $ ';':":1 .,-;,~~:~ I I 3. You may also be able to the 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. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling (856) 795.0351. 2. You may be able to Petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (856) 795.0351. 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 will 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 April 10, 2006. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) is filed with the Sheriff within ten (10) days after April! 0, 2006. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEA 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 4th Floor. Cumberland County Courthouse Carlisle, PA 17013 JANITL.GO~- I.,J, / JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETIEI, P.C. 9 Tanner Street - West Entry . Haddonfie1d, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney 1.D. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR! NO. 05-1831 Plaintiff, vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY VICTOR B. STEZIN AND SUZANNE M. STEZIN Defendant. TO: Victor B. Stezin 807 South Market Street Mechanicsburg, PA 17055 Your house (real estate) at 807 South Market Street, Mechanicsburg, P A 17055, is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 11 :00 a.m. in the Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Pennsylvania to enforce the judgment of 294,080.61 obtained by Equity One, Inc., d/b/a Popular Financial Services, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Equity One, Inc. or its attorney Janet L. Gold, Esquire the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call (856) 795-0351. 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. ,~ 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 170 1~3 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 807 South Market Street Mechanicsburg, PA 17055 I verify that the statements made in this 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. !l4904 relating to unsworn falsification to authorities. SWORN TO AND SUBSCRIBED BEFORE E T IsJl_ DAY OF , 2005. ~ NOTARY PUBLIC SHERRIB."'A~~ NOTARY PUBUC OF NEW JERSF{ Commission Expires 2/10/2G09 Suzanne M. Stezin 11361 Capistrano Ct. Fort Myers, FL 33908.4034 2. Name and address of Defendants in the judgment: Name Address Victor B. Stezin 98 Center Road Newville, PA 17241 Suzanne M. Stezin 11361 Capistrano Ct. Fort Myers, FL 33908-4034 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, P A 170S5 Equity One, Inc., d/b/a Popular Financial Services Corporation 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Domestic Relations 1 Courthouse Square Carlisle, P A 17013 - ..... . ... JANET 1. GOLD, ESQUIRE EISENBERG, GOLD & CETTEI, P.C. 9 Tanner Street - West Entry Haddonfield, New Jersey 08033 (856) 795-0351 Attorney for Plaintiff Attorney 1.0. #38100 File No. EF-503-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EQUITY ONE, INC., D/B/A POPULAR i NO. 05-1831 FINANCIAL SERVICES, LLC Plaintiff, vs. AFFIDAVIT PURSUANT TO RULE 3129.1 VICTORB. STEZIN AND SUZANNE M. STEZIN Defendant. STATE OF NEW JERSEY COUNTY OF ~ ss. Equity One, Inc., d/b/a Popular Financial Services, LLC, Plaintiff in the above- captioned matter, sets forth as of the date of the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 807 South Market Street, Mechanicsburg, P A 17055 (see copy of the description attached hereto as Exhibit A). 1. Name and address of owner(s) or reputed owner(s): Name Add ress Victor B. Stezin 98 Center Road Newville, PA 17241 " Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 40.00 .78 341.00 287.60 21.05 25.00 39.50 $ 901.25 Sworn and subscribed to before me 2006, A.D. S~"/ ~. r~~~ R. Thomas Kline, Sheriff By,j~/~ Real Estat Sergeant c...J<-cJ.<Y'- .]0 .I!D J.~1) ~ 5' 35O,'{ /Z..-. /'7713:1 Equity One, Inc. d/b/a Popular Financial Services, LLC VS Victor B. Stezin and Suzanne M. Stezin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1831 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 3:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Victor B. Stezin, by making known unto Victor Stezin, personally, at 98 Center Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being du1y sworn according to law, states that on January 09,2006 at 2:23 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Victor B. Stezin and Suzanne M. Stezin located at 807 South Market Street, 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: Victor B. Stezin, by regular mail to his last known address of 98 Center Road, Newville, PA 17241. This letter was mailed under the date of January 12, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being du1y 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 March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Janet Gold for Equity One, Inc. It being the highest bid and best price received for the same, Equity One Inc. of 121 Woodcrest Road, Cherry Hill, NJ 08003 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $901.25. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 17.68 15.00 15.00 30.00 10.00 .50 1.00 18.48 3.66 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 Eauitv One Inc is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 30th day of fu;m, A.D., 2005, out of the Court ofCornmon Pleas of said County as of Civil Term, 2005 Number 1831, at the suit ofEauitv One Inc dba Popular Fin Serv LLC against Victor B Stezin & Suzanne M is duly recorded in Deed Book No. 273, Page 4637. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 10 day of ~ , , A.D. 0 ~ 11?4I\v t!J ~ d , M'~ I I' Recorder of Deeds _llIDood1.~OaurIW.ClIIIIlI.M MyCOull.ll . .............".:2b7D ,..~.,.w.,._' .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exacdy as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#14 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, 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, V1Z: January 20, 27, February 3, 2006 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 tme. , o AND SUBSCRIBED before me this day of Febmarv. 2006 ;":<,~""""&"",,,,,",,,,,",~,,"bIQtal'Y. -"'...""""'..... ~, NOTARiAL SlAl ~ . , LOiS E SNYDER, Notary Public ~ Ca'iis!e Bora, Cumberland Count.' ~ \'~'; ;'>':,:"::ni",~jor'i Expires Ma~t:h S, 200!1 ',^",-,,,"","',"""":'.'''.O~h...~_:;'',,,-,,,~,,'',.LV'' " -. WNW .... 110. 14 Writ No. 2005-1831 Civil Equity One, Inc. d/b/a Popular Financial Services, LLC vs. Victor B. Stezin and Susan M. Steztn Atty.: Janet Goid "LEGAL DESCRIPTION" ALL TIfAT CERTAIN tract of iand situated in Upper Allen Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point located on the eastern right of way line of South Market Street (50 foot right of way) at a common point with lands now or formerly of Mechan1csburg Area Joint School System, thence from said point, along said right of way, North 49 degrees 55 minutes 42 seconds West a distance of 8.28 feet to a point; thence along the same. along a CUlve. curving to the light with a radius of 1121.18 feet, an arc distance of 160.00 feet to a point; thence along lands now or fennerly of Larry M. and Jean A. Roth, North 72 degrees 15 minutes 00 seconds East a distance of 201.84 feet to an iron pin; thence along lands now or formerly of Mechanicsburg Area Joint School System, South 16 degrees 46 min- utes 00 seconds East a distance of 150.50 feet to a point: thence along the same, South 73 degrees 26 min- utes 00 seconds West a dIstance of 119.59 feet to the pOint of begln- nlng. Said area described contalnlng 0.558 acres. HAVING THEREON erected a two story frame dwelling and other improvements. BEING THE SAME PREMISES which Charlotte E. Hertzler. widow. by deed dated October 27. 1994 and recorded October 31. 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 114. Page 98 granted and conveyed to Victor B. Stez1n and Suzanne M. Stezin. husband and wife.