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HomeMy WebLinkAbout02-3274WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. KIMBERLY A. MAXWELL A/FdA KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR. Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0,~- 3.2 7~ CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REOUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY A. MAXWELL A/K~A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A AS FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. Defendant, KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ, is an adult individual, whose last known address is 47 NORTH 8ru STREET, LEMOYNE, PENNSYLVANIA 17043. Defendant, KENNETH L. FOLTZ, JR., is an adult individual, whose last known address is 47 NORTH 8th STREET, LEMOYNE, PENNSYLVANIA 17043. On or about, December 30, 1993, the said Defendant, Kimberly A. Maxwell a/k/a Kimberly A. Foltz executed and delivered a Mortgage Note in the sum of $45,900.00 payable to INTEGRA MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit A . Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, Kimberly A. Maxwell a/k/a Kimberly A. Foltz, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1190, Page 1072 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATES BANK, NA and recorded in the aforesaid County in Mortgage Book 463, Page 373. The Mortgage was subsequently assigned to MELLON BANK, NA and recorded in the aforesaid County in Mortgage Book 535, Page 729. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 617, Page 794. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 622, Page 855. First Union National Bank is now known as Wachovia Bank, National Association. An Assumption Agreement was entered on August 18, 1995 in Mortgage Book 502, Page 322 between Kimberly A. Maxwell adk/a Kimberly A. Foltz and Kenneth L. Foltz, Jr. The Said Mortgage, Assignments and Assumption Agreement are incorporated herein by reference. 5. The land subject to the Mortgage is: 47 NORTH 8th STREET, LEMOYNE, PENNSYLVANIA 17042 and is more particularly described in Exhibit "B" attached hereto. 6. By Deed dated August 24, 1995 and recorded August 29, 1995 in Deed Book 127, Page 343, the said Defendant, Kimberly A. Maxwell a/k/a Kimberly A. Foltz, conveyed the property subject to the Mortgage to herself and her husband the Co-Defendant, Kenneth L. Foltz, Jr. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Defendants have failed to pay the installment due on April 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $6.35 per day From 03/01/2002 To 08/01/2002 ( based on contract rate of 5.750%) Accumulated Late Charges Late Charges $13.39 From 04/01/2002 to 08/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $39,726.61 $3,061.90 $175.14 $20O.85 $197.67 $1,986.33 $45,348.50 **Together with interest at the per diem rate noted above after August 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A tree and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.750% ($6.35 per diem), together with other charges and costs including escrow advances incidental thereto to the d~e)of Sheriff' s Sale and for foreclosure and sale of the property within described. /J./t//] ,,/Q PURCF~, K~(~ & HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) NOTE December 30 , I9 93 CAMP HILL PENNSYLVANIA 47 N 8TH STREET LEMOYNE PA 17043 [Properly Address] 1, BORROWER'S PROMISE TO PAY In return for a loan that [ have received, I promise to pay U.S. $ "princlpa]"), plus interest, to the order of the Lender. The Lender is 116 ALLEGHENY CENTER MALL PITTSBURGH 45 900 00 (thisamountisca]lcd INTEGRA MORTGAGE COMPANY PA 15212 that thc Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled 2. INTEREST Interest will be charged on unpaid principal undl thc full amount of principal has been paid w pay interesl at a yearly rate of 5 750%. ' The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1 ST day of each month beginning on FEE RUARY 19 9 4. I will make these payments every month until i have paid all of the principal and interest and any other charge~ described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. JANUARY 1 , 2024, I still owe amounts under this Note, ! will pay those amounts in full on that date, which is called the "maturity date". l will make my monthl aymcntsat INTEGRA MORTGAGE COMPANY 116 ALLEGEE~ CENTER MALL 'PITTSBURGH PA 15212 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in thc amount of U.S. $ 267 86 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. l may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a partial 5. LOAN CHARGF~ If a law, which applies ~o this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to thc Note Holder. The amount of the charge will be 5 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount,of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the NOde Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, thc Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Eapen~s If the Note Holder has required mc to pay immediately in full as described above, the Note Holder will have 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE · ' If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises · madein this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over the~e obligations, including the obligmions of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together· This means that any one of us may be required to pay ail of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presen merit" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts ! owe under this Note. Some of those conditions are described as follows: 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, this option shall not be exercised by Lender if exercise is prohibited by federal law 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 not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ali 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 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. _(Seal) SSN: (Seal) SSN: .(Seal) SSN: (Sig~ Original Only}. Without R,~-- ~ PAY TO THE OI~R OF(WJ:TROTYZ RSCOIJRSE) k~,, ~ ' ~.-.uuUrse tO t]O or~tates ~, N.A. ~ ~e ~der a ~r~..] ~LC, erlturo of ?n ~ .~ce ~cy dated ~ of ~1 1, 1982 the t::,~ ~ ?~.f~gel~Cy (?:~L~? ''~ INTE~ MORTQ~,C~PANy ~VERLy/J/~AUS " ......... ant(, N.A, 0103661 ALL THAT CERTAIN'piece or parcel of land cumberland, Commonwealth of PennsYlvania,' more~ follows= ,~. ~. ~:.'- · '~ . ' ' "~ BEGINNING AT A POINT on the eastern Side of of 345 feet, measured.in a northerly thence in an eas%~rlY direotion.atLri~ las of Frances.L'~' ~6ul~0n 220 feet: thence in a.northerlydirection line of lands now .or~.!ate of H.B. MumPs;. last mentioned'!ands:~nd right eastern line of Eighth'Street; of Eighth Street"'48.5*feet to a point': BEING KNOWN AS 47 Nor%h Eighth'street', Coungy of... describ, ed' asJ" Dale Avenue,· at a distance~ )f Market s~ree}; 'lands now or 6:. sill.'Alley~ · ~ point 0~ the the eastern lt~.:~ BEING THE SAME PP/SvffSES which Robert J; Davis and Maryanne 'E. Da~s,. hu.~band and wife, by deed dated December 30th, 1993 and which is intended to be recorded forth- with' in the~ Cumberland County. . Office....~ ,of. the· B~corder.. o~, ,.D~. ~eds, granted .and conveyed unto Kimberly A; Maxwell, Mortgagor herein. "~? ..... ' ......... Date: May 9, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 oages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your 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 Agency. The name~ address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions~ you may call the Pennsylvania Housing Finance Agency 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 NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DER.ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITANIENTE LLAMANDO ESTA AGENCIA (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 PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: KIMBERLY A FOLTZ KENNETH L FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 0000492785 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 2101 North Front Street P.O. Box 8028 Harrisburg, PA 17105 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 arc 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 thc consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 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, thc lender may NOT take action against you for thirty (30) days after thc date of this meeting: Thc name% addresses and telephone numbers of designated consumer credit counseling agencies for thc 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 (sec following pages for specific information about the naVare of your default.) If you have tried and are unable to resolve this problem with thc lender, you have thc right to apply for financial assistance fi.om thc Homenwner'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 thc designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU 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 DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can 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: 47 NORTH 8TH STREET, LEMOYIffE, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months March, 2002 thru the first of May, 2002 in the amount of $2,498.85 plus late charges and other charges that have accrued in the amount of $163.36. TH~, TOTAL AMOUNT DUE IS $2,262.21. 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 $2,262.21 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash~ cashier's check~ certified cheek or money order made payable and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N FRONT STREE P.O. BOX 8028 HARRISBURG~ PA 17105 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortl~a~,e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, thc lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged orooerty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off 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 if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period~ you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under thc mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY 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 dues plus any late or other charges then dues reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinlg by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST 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 three months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, thc 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: PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET P.O. BOX 8028 HARRISBURG, PA 17105-8028 1-800-822-7375 717-780-3804 (fax) Contact Person: TOM GOUKER EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property aRer the Sheriff's Sale, a lawsuit to remove you and your furnishings and other bc]ungings could bc started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume thc 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 thc other requirements of thc mortgage are satisfied. (This does not apply if your mortgage was originated under the HomeStart Program.) YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 ' trban League of Metropolitan Hbg £ t 07 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 7172322207 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 PENNSYLVANIA HOUSING FINANCE AGENCY Single Family Programs Division 2101 North Front St~'eet P.O. Box 8028 Harrisburg, PA 17105-8028 (717) 780-3870 / (717) 780-1869 TDD # For The Hearing Impaired NOTICE May 9, 2002 KIMBERLY A FOLTZ KENNETH L FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 RE: Account #: 0000492785 TO: KIMBERLY A FOLTZ KENNETH L FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. Enclosure: Housing Counseling List · CONSLrlVlER CREDIT COUNSELING SERVICE OF WESTERN PA 2000 Linglestown Road, Suite 301 Harrisburg, PA 171 I0 Phone: 717-541-1757 HOUSING COUNCIL OF YORK 116 N George St York, PA 17401-1106 Phone: 717-854-1541 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N 6th St. Harrisburg, PA 17110-2453 Phone: 717-234-3253 HARRISBURG FAIR HOUSING COUNCIL 2100 North 6th Street Harrisburg, PA 17110-2401 Phone: 717-238-9540 TABOR COMMUNITY SERVICES 439 E King St, Lancaster, PA 17602-3004 Phone: 717-397-5182 7160 3901 9844 8253 3168 TO: ~M~ERLY A FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 SENDER: REFERENCE:492785 BO PS Form 3800~ June 2000 RETURN Po~tage RECEIPT Ce~lfle~ Fee Restricted Delive ~/ SERVICE Return Receipt Fee Tota Postage & Fees 2.1U 1.50 4.17 US Postal Service POS , No Insu~ance Coverage Provided Do Not Use tor Interna6o~ai Marl Receipt for Certified Mail 7160 39rml 9844 8253 3151 TO: KENNETH L FOLTZ 47 NORTH 8TH STREET LEMOY"NE, PA 17043 SENDER: REFERENCE: 492785 BO PS Form 3800, June 2000 RETURN I Postage RECEIPT CeA~fled Fee SERVICE Return Receipt Fee I 2.10 Restricted Delivery Total Po~tage & Fee8 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do NOt Use lot International Mail HARPJSBURG, PA I7110- -- ' KENNETH L FOLTZ '~'" 47 NORTH 8TH STREET LEMOY'NE, PA 17043 -- 492785, BO SF2 PA HOIISING ~101 NORT'd ,aoor~e,. PA 17110- ~MBE~y A FOLTZ 47 NORTH 8TH ST~ET LEMOn, PA 17043 x 492785, BO PS Fo~m 3817, Mar. SF2 VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to answorn falsification to authorities. Date: J3~Y 8, 2002 Assistant Executive Director for Single Family Programs i~R Iam~{~IA Ra~K, Naa-TXIN~L ~, F/K/A FIleT SHERIFF'S RETURN - REGULAR CASE NO: 2002-03274 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOC VS MAXWELL KIMBERLY A ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAXWELL KIMBERLY A A/K/A KIMBERLY A FOLTZ the DEFENDANT , at 2020:00 HOURS, on the 15th day of July , 2002 at 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L FOLTZ JR, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this 2/~_ day of ~, ..... ~- ~-7~ A.D. 'P~otho~6tary So Answers: R. Thomas Kline 07/16/2002 PURCELL KRUG HALLER By: ~~ · Depu%y SHe~r~ff SHERIFF'S RETURN CASE NO: 2002-03274 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL~2qD WACHOVIA BANK NATIONAL ASSOC VS MAXWELL KIMBERLY A ET AL - REGULAR GEP~ALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOLTZ KENNETH L JRthe DEFENDANT , at 2020:00 HOURS, at 47 NORTH 8TH STREET on the 15th day of July 2002 LEMOYNE, PA 17043 KENNETH L FOLTZ JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10o00 .00 16.00 Sworn and Subscribed to before me this ~-~ day of ~ ~ ~Z~ A.D. Prothonotary So Answers: R. Thomas Kline 07/16/2002 PURCELL KRUG HALLER - Deputy sheriff WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF : VS. : KIMBERLY A. MAXWELL A/K/A : KIMBERLY A. FOLTZ AND : KENNETH L. FOLTZ, JR., : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 3274 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR. for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $6.35 from 3/1/02 to 8/1/02) Accumulated late charges Late charges ($13.39 per month to 8/02) Escrow Balance 5% Attorney's Commission $39,726.61 $ 3,061.90 $ 175.14 $ 2OO.85 $ 197.67 $ 1~986.33 TOTAL $45,348.50** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRU~ Leon P. Haller/ PA I.D. 1719 North Front Street Harrisburg, PA 17102 #15700 K:!M K FiDOCS/C U M B E RLA/MAXWEL L.P WACHOVlA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AiqD KENNETH L. FOLTZ, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERI~AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on AUGUST 9, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Hailer PA I.D. #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3274 : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 9, 2002 TO: KIMBERLY A. MAXWELL AflK/A KIMBERLY A. FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L. FOLTZ, JR. 47 NORTH 8TH STREET LEMOYNE, PA 17043 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 PURCELL, KRUG & HALLER LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WACHOVIA B~2qK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002 3274 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before~ me this //P~day of~~ m- NOT~AL S~L Lower H~on ~wp., Dauphin Coun~ missbn E~lres Aug. 8, LEON P. HALLER, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 3274 WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BA3qK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR., DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $45,348.50 Interest at $6.35 per diem to sale date $ 793.75 Late charges at $13.39 per month to sale date $ 40.17 Escrow Deficit $ 2,000.00 TOTAL $48,182.42' *SALE DATE: WEDS.,DEC. 4, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 318U-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 11, 2002 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Hailer/ PA I.D. ~15700 WRIT OF R~RCUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 47 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17042. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:/M KRDOCS~CU MB ERLA/MAXWE LL W ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as folloWs: BEGINNING AT A POINT on the eastern side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late of Frances L Conlson 220 feet to a point on lhe western line of Hill Alley; thence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE SAME PREMISES WHICH Kimber!y A. Poltz (formerly Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L. MAXWELL A/K/A KIMBERLY L. FOLTZ AND KENNETH L. FOLTZ, JR. ON JUDGMENT NO. 2002 3274. ASSESSMENT ~12-21-0267-242 WACHOVIA BANK, NATIONAL : ASSOCIATION F/K/A FIRST UNION : NATIONAL BANK AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY, : PLAINTIFF : VS. : KIMBERLY A. MAXWELL A/K/A : KIHBERLY A. FOLTZ AND : KENNETH L. FOLTZ, JR., : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 47 North 8th Street, Lemoyne, PA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s): Kimberly A. Maxwell Kimberly A. Foltz 47 North 8th Street Lemoyne, PA 17043 a/k/a Kenneth L. Foltz, Jr. 47 North 8th Street Lemoyne, PA 17043 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Equity One, Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 K:/M K F/DOCS\CU M BE RLA\MAXWE LL PTF Equity One, Incorporated c/o Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section~nsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 11, 2002 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : NO. 2002 3274 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: TIME: LOCATION: WEDNESDAY, DECEMBER 4, 2002 (real estate) 10:00 O'clock A.M. Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 47 NORTH 8TH STREET LEMOYNE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $45,348.50 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3274 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property iS: KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for ex~unple, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten {10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these 'rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717 243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of'Pennsylvania, more particularly bounded and described as follows: BEGINNING AT A POINT on the eastern side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centefline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late of Frances L Coulson 220 feet to a point on the western line of Itill Alley; thence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE S~MME PREMISES WHICH Kimberly A. Foltz (formerly Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L. MAXWELL A/K/A K~MBERLY L. FOLTZ AND KENNETH L. FOLTZ, JR. ON JUDGMENT NO. 2002 3274. ASSESSMENT ~12 21-0267-242 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3274 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NATIONAL ASSOCIATION F/FdA FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From KIMBERLY A. MAXWELL A/FdA KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR., 47 NORTH STREET, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) nnt levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS45,348.50 L.L. $.50 Interest AT $6.35 PER DIEM TO SALE DATE $793.75 LATE CHARGES AT $13.39 PER MONTH TO SALE DATE $40.17 Atty's Corem % Atty Paid $132.04 Plaintiff Paid Date: SEPTEMBER 11, 2002 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Due Prothy $1.00 Other CostsESCROW DEFICIT $2,000.00 CURTIS R. LONG Pr°th°5 V Deputy Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 WACHOVIA BANK, NATIONAL : ASSOCIATION F/K/A FIRST UNION : NATIONAL BANK AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY, : PLAINTIFF : VS. : KIMBERLY A. MAXWELL A/K/A : KIMBERLY A. FOLTZ AND : KENNETH L. FOLTZ, JR., : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I halve deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~/~/7~6~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Kimberly A. Maxwell a/k/a Kimberly A. Foltz 47 North 8th Street Lemoyne, PA 17043 Kenneth L. Foltz, Jr. 47 North 8th Street Lemoyne, PA 17043 Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Equity One, Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 Equity One, Incorporated c/o Peter E. Meltzer, Esquire 1600 Locust Street - Suite 200 Philadelphia, PA 19103 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 JOHN W. PIJRCELL HOWARD B, KRUG [.EON P. ItALLER JOHN W. PURCELL ,IR. BRIAN J. TYLER JILL M. WINEKA NOTICE TO: Kimberly A. Maxwell a/k/a Kimberly A. Foltz 47 North 8th Street Lemo!rne, PA 17043 Kenneth L. Foltz, Jr. 47 North 8th Street Lemoyne, PA 17043 Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Equity One, Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 Equity One, Incorporated c/o Peter E. Meltzer, Esquire 1600 Locust Street - Suite 200 Philadelphia, PA 19103 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 LAW OFFICES PURCELL, KRUG AND HALTER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NISSLEY(1910-1982) ANTHONY DiSANTO OF COUNSEL (717) 533-3836 HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants iln the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of tlhe within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and th~3n~r'you have an opportunity to protect your interest, if an.l~,~~ing notified of said Sheriff's Sale. ~~// By: ~ / c-~~ Leon P. Haller PA I.D.15700 WACHOVIA BANK, NATIONAL : ASSOCIATION F/K/A FIRST UNION : NATIONAL BANK AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY, : PLAINTIFF : VS. : KIMBERLY A. MAXWELL A/K/A : KIMBERLY A. FOLTZ AND : KENNETH L. FOLTZ, JR., : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SAT.~. OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be soid is: 47 NORTH 8TH STREET LEMOYNE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $45,348.50 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3274 THE NAME (S) OF THE OWNER(S) OR REPUTED ONNERS of this property iS: KIMBERLY A. MAXWELL A/K/A KIMBERLY A. FOLTZ AND KENNETH L. FOLTZ, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME A~ PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TANEN TO PAY THE J~GMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LASHER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIHD OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that. has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MIJST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, ]PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING AT A POINT on the eastern side of Eighth Street, Dale Avenue, at a distance of' 345 feet, measured in a northerly direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late ol'Frances L Coulson 220 feet to a point on the western line of Itill Alley; thence in a northerly direction along Hill Alley 50 t~et 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of'BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly Kimberiy A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book !27, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L. M~WELL A/K/A KIMBERLY L. FOLTZ AIgD KENNETH L. FOLTZ, JR. ON J'[~GMENT NO. 2002 3274. ASSESSMENT #12-21-0267-242 Re Wachovia vs. Maxwell/Foltz Cumberland 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILTNG (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Kimberly A. Maxwell a/k/a Kimberly A. Foltz 47 North 8th Street Lemoyne, PA 17043 Postmark: U. S. POSTAL SERVICR CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Kenneth L. Foltz, Jr. 47 North 8th Street Lemoyne, PA 17043 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF b~AILIN6~ (In compliance with Postal Service Form 3877} Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed t, Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 U. S. POSTAL SERVICE CERTIFICATE OF MAILIN~ (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Equity One, Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 Postmark: U. S. POSTAL SERVIC]~ CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Equity One, Incorporated c/o Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia, PA 19103 Postmark: U. S. POSTAL SERVICm CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 3274 WACHOV1A BANK. NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOLISING FINANCE AGENCY. PLAINTIFF VS. KIMBERLY A. FOI ['Z KENNETH L. FOL FZ. JR.. DEFENDANT(S) Total Judgment Amount $45,348.50 Interest $3,809.94 Per diem of $6.35 to sale date 6/9/2004 Late Charges $294.58 $13.39 per month to sale date 6/9/2004 Escrow Deficit $2,000.00 TOTAL WRIT $51,453.02 *Plus additional interest, late charges and other costs to date of sherifffs sale. SALE DATE: Wednesday, June 09, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due ProtlgClerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 9, 2004 Attorney/'hr Plaintill' 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA CO[JNTY OF CUMBERLAND SS TO TH E SHERIFF OF ( UMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 47 NORTH 8TIt STREET, LEMOYNE, PENNSYLVANIA 17042 Date: ~ROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING AT A POINT on the eastern side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a norther/y direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late ofFranccs L Coulson 220 feet to a point on the western line of Hill Alley; thence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE SD2qE PREMISES WHICH Kimberly A. Foltz (formerly Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L. MAXWELL A/K/A KIMBERLY L. F©LTZ AND KENNETH L. FOLTZ, JR. ON JUDGMENT NO. 2002 3274. ASSESSMENT #12-21-0267-242 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-3274 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From KIMBERLY A FOLTZ KENNETH L FOLTZ JR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Dues 45,348.50 L.L. Interest PER DIEM OF $6.35 TO SALE DATE 6//9/04 $3,809.94 Arty's Comm % Due Prothy $1.00 At~y Paid $ 929.61 MONTH TO SALE DATE 6/9/04 $294.58 Plaintiff Paid Date: MARCH 10, 2004 (Seal) REQUESTING PARTY: Name LEON P HALLER Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Other CostsLATE CHARGES $13.39 PER ESCROW DEFICIT $2,000.00 CURTIS R. LONG Prothonotary By: Deputy Attorney for: PLAINTIFF Telephone: (717)234-4178 Supreme Court ID No. 15700 WACHOVIA BANK, NATIONAL ASSOCIATION F/IOA FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLA17gTIFF ICZMBERLY A. FOLTZ KENNETH L. FOLTZ, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE RELIEF FROM STAY UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KENNETH FOLTZ KIMBERLY FOLTZ Debtors WACHOVIA BANK, NATIONAL ASSOCIATION, F/K/A FIRST UNION NATIONAL BANK, AS SUCCESSOR TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Movant VS. KENNETH FOLTZ, K1MBERLY FOLTZ and CHARLES J. DEHART, III, Trustee Respondents BANKRUPTCY NO. 02-06563 CHAPTER 13 Clerk, U,S. Bankruptcy Court ENTRY OF ORDER MODIFYING STAY TO PERMIT THE FORECLOSURE OF LIEN UPON REAL ESTATE OF DEBTOR AND NOW, this"d ;~ &day of ~.-~ ~bi/z4 £~]/_, 2004 it appearing that a Notice of Default was se~ed upon debtors and their counsel on Janua~ 5, 2004, and that no response has been received by Kenneth Foltz and Kimberly Foltz, RespondenU, it is hereby O~E~D that the stay imposed by ~362 (a) of the Bank~ptcy Code be, and hereby is, modi~ed to pemit the Wachovia Bank, National Association ff~a First Union National B~ as Successor Trustee for Pennsylvania Housing Finance Agency, to proceed to foreclosure on its mo~gage recorded in Cumberland County, Pennsylvania, as desc~bed in its Motion on file herein. BY THE CO~T: M~ D. France B~ptcy Judge WACIIOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBERLY A. FOLTZ KENNETH L. FOLTZ. JR., DEFENDANT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2O02 3274 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN : Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. ItALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above nmned are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed be~bre me this ~ day NOTARIAL SEAL MARY~ND K FERREt!, Nota~ Pu~ic Lower Paxton T~,. Dauphin Ooun~ My Commission Expires Aug. 8, 2~ WACHOVIA BANK. NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYI.VANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KIMBEREY A. FOLTZ KENNETtI L. FOLTZ..IR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 3274 IN MORTGAGEFORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiffin the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date thc praecipe for the writ of execution was filed, the following information concerning the real property located at 47 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17042: 1. Nmne and address of the Owner(s) or Reputed Owner(s): KIMBERL¥ A. FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L. FOLTZ, JR. 47 NORTH 8TH STREET LEMOYNE, PA 17043 2. Name m~d address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Borough of Lemoync 665 Market Street Lemoyne, PA 1 7043 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Equity One, h~corporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 Equity One, Incorporated c/o Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia. PA 19103 5. ~1111e and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whosc interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest ii] tt~e property which may be affected by the sale: Tenants if auy... DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Vicki Piontek, Esquire P. O. Box 173 Mechanicsburg, PA 17055 (In the preceding intbmaation, where addresses could not be reasonably ascertained, the same is indicated.) I veri~ timt the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the pemdties of 18 PA C.S. Section 4904 relating to unsworn Leon P. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9. 2004 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF KIMBERLY A. FOLTZ KENNETH L. FOLTZ, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 3274 IN MORTGAGEFORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAIGg NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Cmqisle, Pmmsylvania 17013 THE PR OPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings m*d may other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 47 NORTH 8TH STREET LEMOYNE, PENNSYLVANIA 17042 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth m~d County to: No. 2002 3274 JUDGMENT AMOUNT $45,348.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: KIMBERLY A. FOLTZ and KENNETH L. FOLTZ, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govenmaental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Infomxation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Conm~on Pleas of the within County at the Courthouse address specified herein. THIS PStPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. ~T MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT Yon raay have legal fights to prevent your property from being taken away. A lawyer can advise you more specifically of these fights. If you wish to exercise your fights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pem~sylvm~ia 17013 7',.7-249-3166 Legal Services, Inc 8 h-vine Row Carlisle, Pem~sylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if yon have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware ora legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Co~rnnon Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court m~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. pLrRCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING AT A POFNT on the eastern side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the centerline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late ofFrances L Coulson 220 feet tn a point on the western line of Hill Alley; thence in a northerly direction along Hill Alley 50 t~et 5 inohes to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 4&5 feet to a point or place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L, MAXWELL A/K/A KIMBERLY L. FOLTZ AND KENNETH L. FOLTZ, JR. ON JUDGMENT NO. 2002 3274. ASSESSMENT #12-21-0267~242 WACHOVIA BAN K. NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS, KIMBERLY A. FOLTZ KENNETH L. FOLTZ, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE RETURN OF SERVICE q [ hereby, certif'y that 1 have deposited in the U.S. Mails at Earrisburg, Pem~sylvania on - 7~g) 5/ , a true anti correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (( ert~fmz te of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the DeFendants by Certified Mail, which mailing receipts are attached. Service addresses are as lbllows: KIMBERLY A. FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L. FOLTZ, JR. 47 NORTH 8TH STREET LEMOYNE, PA 17043 DOMESTIC RELATIONS Cumberland County Comthouse 13 North Hanover Street Carlisle, PA 17013 Borough of Lemoync 665 Market Street Lemoyne, PA 17043 Equity One, Incorporated 523 Fellowship Road Suite 220 Mt. Laurel, NJ 08054 Equity One, Incorporated c/o Peter E. Meltzer, Escluire 1000 Locust Street Suite 200 Philadelphia, PA 19i03 Vicki Piontek, Esquire P. O. Box 173 Mechanicsburg, PA 17055 Attorneys for Plaintiff' 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I.AW OFFICES 1 ? 19 NORTH FRONT STREET HARRISBURG, PENNSYkVANIA 17102-2392 TEkEPHON E (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL KIMBERLY A. FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 KENNETH L. FOLTZ, JR. 47 NORTH 8TH STREET LEMOYNE, PA 17043 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Equity One, Incorporated 523 Felloxvship Road Suite 220 Mt. Laurel, NJ 08054 Ecluity One, Incorporated c/o Peter E. Meltzer. Esquire 1000 Locust Street Suite 200 Plniladelphia, PA 19103 Vicki Piontek, Esquire P. O. Box 17.3 Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold ouc or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuaut to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court o f ( olnmon Pleas of the within county on the judgment of the Plaintiff named herein the said real estate xvill be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your intere~of said Sheriff's Sale. By:~_~.....~'~- ,~w -- Leon P. Haller PA I.D.15700 Attorney for Plaintiff WACHOVIA BANI<.~ NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY. I>LAINTIFF t(]?vIBERLY A. FO¥1Z KENNETH L. FOL [Z, ,J R,, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 3274 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: ?hat the 3he~ ira's Sale of Real Property (real estate) will be held: DATE: TFME: Wednesday, June 09, 2004 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting o I' a statement o i the measured boundaries of the property, together with a brief mention of the buildings and any other m;kjor improvements erected on the land. (SEE DESCRIPTION ATTACHED) Tile LOCATION of your property to be sold is: 47 NORTH 8TH STREET LEMOYNE, PENNSYLVANIA 17042 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: tXo. 2002 3274 JUDGMENT AMOUNT $45,348.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: KIMBERLY A. FOLTZ and KENNETH L. FOLTZ, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. In t'ornraion about the Schedule of Distribution may be obl:ained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberlaud County Bar Association 2 [~iberty Avenue C~rlisie, Pennsylvmaia 17013 717-249-3166 Legal Services, Inc 8 [rvine Row ( :~rlis le, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE TItE SHERIFF'S DEED IS DELIVERED. 3. A ioeti~ion or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for tim creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If' a specific return date is desired, such date must be obtained from the Court Administrator's Of`rice - Civil Division, of the xvithin County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff' 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the: Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING AT A POINT on the eastern side of Eighth Street, Dale Avenue, at a distance of 345 feet, measured in a northerly direction from the eentefline of Market Street: thence in an easterly direction at right angles to Eighth Street along lands now or late of Frances L Coulson 220 feet to a point on the western line of Hill Alley; thence in a northerly direction along Hill Alley 50 feet 5 inches to a point on the line of lands now or late of H.B. Mumma; thence in a westerly direction along the last mentioned lands and right angles to Eighth Street 205.5 feet to a point on the eastern line of Eighth Street; thence in a southerly direction along the eastern line of Eighth Street 48.5 feet to a point or place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 42 NORTH 8TH STREET, LEMOYNE, PENNSYLVANIA 17043. BEING THE SAME PREMISES WHICH Kimberly A. Foltz (formerly Kimberly A. Maxwell) by deed dated 8/24/95 and recorded 8/29/95 in Deed Book 127, Page 343 granted and conveyed unto Kenneth L. Foltz, Jr. and Kimberly A. Foltz, his wife. TO BE SOLD AS THE PROPERTY OF KIMBERLY L. NRXWELL A/K/A KIMBERLY L. FOLTZ AND KENNETH L. FOLTZ, JR. ON JUDGMENT NO. 2002 3274. ASSESSMENT #12-21-0267-242 PENNSYLVANIA HOUSING FINANCE AGENCY v. KIMBERLY A. FOLTZ KENNETH L. FOLTZ, JR. Cumberland (ounty Sale 6/9/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received fl'onr: Pm:cell, Krug & Hailer 1719 North Front Street I I arrisburg. PA 17102 One piece of ordinary mail addressed to: KIMBERLY A. FOLTZ 47 NORTH 8TH STREET LEMOYNE, PA 17043 Postage: Postmark: Received from: Purcell, Kntg 84 Hailer 1719 North Front Street Harrisburg, PA 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: One piece of mdinary mail addressed to: KENNETH L. FOLTZ. JR. 47 NORTII 8TH STREE [ LEMOYNE. PA 17043 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) P, eceived ii'mn: Purcell. Krug & Hailer 1719 North Front Street l larrisburg, PA 17102 Postage: One piece of ordinary nrail addressed to: DOMESTIC RELATIONS Cmnbcrland County ( Otn thousc 13 North Hanoxer S~eet Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg. PA 17102 One piece of ordinary mail addressed to: Borough of Lemoyne 665 Market Street l.cmoyne, PA I7043 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received Pm'cell, Krug &Hallcr 1719 North Front Street Harrisburg. PA 17102 One piece of ordinary mail addressed to: Equity One, Incorporated 523 Fellowship Road Suite 220 MI. Laurel, NJ 08054 Postage: Postmark: Received ii'om: Purcell. Krug & Hailer 1719 North Front Street Harrisburg. PA 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: One piece ol ordinm y mad addrcssed to: Equity One, incorporated c/o Peter E. Meltzer, Esquire 1600 Locust Street Suite 200 Philadelphia, PA 19103 Postmark: 00.900 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received fi'om: Purcell, Krug & Hailer 1710 North Front Street llarrisburg. PA 17102 One piece of ordinm y mail addressed to: Vicki Piontek, Esquire P. O. Box 173 Mechanicsburg, PA 17055 Postage: Postmark: 00.900 WACHOVIA BANK, F/K/A FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff NATIONAL ASSOCIATION: VS. KIMBERLY A. FOLTZ KENNETH L. FOLTZ, JR., DefendantS IN THE cOURT OF COMMON PLEAS CUMBERLAND CoUNTY, PENNA. CIVIL ACTION - LAW NO. ..002 3274 IN MORTGAGE FORECLOSURE p RAE C I P E TO THE PROTHONOTARY: Please mark the judgment entered against the Defendant satisfied of record. PURCELI~ HALLER Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 DATE: July 7, 2004