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HomeMy WebLinkAbout07-0690PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 147843 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 - ? ,Z 1.1'u u CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 147843 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 147843 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 147843 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 147843 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/30/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1748, Page: 1766. By Assignment of Mortgage recorded 08/15/2002 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 689, Page 2043. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa. R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 147843 6 The following amounts are due on the mortgage: Principal Balance $62,420.29 Interest $1,519.00 09/01/2006 through 02/02/2007 (Per Diem $9.80) Attorney's Fees $1,325.00 Cumulative Late Charges $102.09 01/30/2002 to 02/02/2007 Cost of Suit and Title Search 550.00 Subtotal $65,916.38 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $65,916.38 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 147843 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $65,916.38, together with interest from 02/02/2007 at the rate of $9.80 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMI , P By: /?/r n cis linan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 147843 LEGAL DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inces West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 foot to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. BEING THE SAME PREMISES which Leon E. Kauffman, by his deed dated September 8, 1997, and recorded September 12, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 164, Page 415, granted and conveyed unto Jeffrey D. Kauffman and Charise M. Kauffman, h/w, Mortgagors herein. PROPERTY BEING: 329 WEST PENN STREET File #: 147843 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and 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 unworn falsification to authorities. 7? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?2- Job vi 4 r:d C ? rim ?o ) PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEFFREY D. KAUFFMAN and CHARISE M. KAUFFMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $65,916.38 Interest from 02/03/07 to 03/21/07 $460.60 TOTAL $66,376.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 37. 1, copy attached. t DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8.0-RAa, 2-91 24W7 PROP OTHY 147843 4 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 561-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendants TO: CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH 2, 2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-690-CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSKIF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FILE COPY FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (25) 563-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendants TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH 2, 2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-690-CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN, ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 SHOULDNAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 FILE COPY (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BLVD v. Plaintiff, JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEFFREY D. KAUFFMAN is over 18 years of age and resides at, 329 WEST PENN STREET, CARLISLE, PA 17013. (c) that defendant CHARISE M. KAUFFMAN is over 18 years of age, and resides at, 329 WEST PENN STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J 64WO-4 DANIEL G. SCHMI G, ESQUI Attorney for Plaintiff n .lla W ?s a R.J G r-3 rs its N Ln Q :-c (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BLVD Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: If you have any questions concerning this matter, please contact: Attorney for Plaintiff 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SCHMI G, ESQUI A NIEL ONE PENN G.CENTER AT SUBURBAN STATION "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 1 . ^V (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN No. 07-690-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66,376.98 Add'l cost $ 1,774.50 Interest from 03/21/07 to SEPTEMBER 5, 2007 $1,832.88 and Costs (per diem -$10.91) TOTAL $69,984.36 fl 0 ? (,-I I "C? - - NIEL G. CHMIEG, ESQU One Penn Center at Suburban S n 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at,the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 147843 org 0-.4 COO ? w a? OW ?? E~ zo ° W 04 ?? A ? ax o O xw ?a ?? ww U 3 7 ww w? wx 0 H U _ w? 0 w? o? F ? O W b0 a? w? a? W a -141, I Cd a d M M O O a a, ww as UU ?a w zz a, a F-4 f- ?' w w 33 (14 CA M M b d . pq V ? 1 v Y 1 a ? t F - LL 0 E\j V .. _ I? V V v v ? v _ t eLu CC k ? 'x _ N Oi V ? ? o V ? ?. VTR M 00 rn ? N ? cd .-, C-i I Ad ` lh- -J -04 DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated AUgust 31, 1987 and recorded September 1, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffman, single man, individually. PARCEL IDENTIFICATION NO: 05-20-1798-018 CONTROL #: 05000465 Premises: 329 West Penn Street, Carlisle, PA 17013 4th Ward of the Borough of Carlisle Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Charise M. Kauffman, husband and wife, by Deed from Leon R. Kauffman, single man, individually, dated 09/08/1997, recorded 09/12/1997, in Deed Book 164, page 415. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff J t'1 G Q Q 1 -T1 --4 l Cr ? -r, '5 rn ON r .w. WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,329 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 329 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 "4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WASHINGTON MUTUAL BANK, FA 3883 AIRWAY DRIVE SANTA ROSA, CA 95403 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 329 WEST PENN STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. March 21, 2007 n'0XR' i b'' 1?k'yw ' - DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 ? p C ? -n ? 1 i`I 1 Jrm J• WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). CUMBERLAND COUNTY No. 07-690-CIVIL TERM March 21, 2007 TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 329 WEST PENN STREET, CARLISLE, PA 17013, s scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66.,376.98 obtained by WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated AUgust 31, 1987 and recorded September 1, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffman, single man, individually. PARCEL IDENTIFICATION NO: 05-20-1798-018 CONTROL #: 05000465 Premises: 329 West Penn Street, Carlisle, PA 17013 4th Ward of the Borough of Carlisle Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffinan and Charise M. Kauffman, husband and wife, by Deed from Leon R. Kauffman, single man, individually, dated 09/08/1997, recorded 09/12/1997, in Deed Book 164, page 415. r? ? ? -?nn ?_. S' ? "V •r ; ? r ? a ? s ^ , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-690 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JEFFREY D. KAUFFMAN AND CHARISE M. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,376.98 L.L. $.50 Interest FROM 3/21/07 TO 9/5/07 (PER DIEM - $10.91) - $1,832.88 AND COSTS Atty's Comm % Atty Paid $144.40 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COST - $1,774.50 Date: MARCH 29, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 lt? Curtis ReLong, P o otary By: Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2007-00690 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS KAUFFMAN JEFFREY D ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN JEFFREY D the DEFENDANT , at 0906:00 HOURS, on the 9th day of February , 2007 at 329 WEST PENN STREET CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 :?'" Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 , 02/12/2007 61D1 PHELAN HALLINAN SCHMIEG 51' 10 Sworn and Subscibed to By: before me this day T'- Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR 'V ..r, CASE NO: 2007-00690 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS KAUFFMAN JEFFREY D ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VT TTT7TI"A AT r'TST D T C!V M the DEFENDANT , at 0906:00 HOURS, on the 9th day of February , 2007 at 329 WEST PENN STREET CARLISLE, PA 17013 by handing to CHARISE KAUFFMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 r; Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/12/2007 p? PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN SERVE JEFFREY D. KAUFFMAN AT 329 WEST PENN STREET CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07-690-CIVIL TERM ACCT. #147843 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to ZW M A kjA1k FFIh 1 14 , Defendant, on the day of 2007 at : a o'clock p.m., at 3A VVN Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is W t e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 43 Height -';i5 " Weight o)10 Race YV Sex Other I, " Mo Ll- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and gubpprit ed be re _ is day o , 200, /_7 N r By: X'I' S LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. oA State or New Jersey y PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 os 2nd Attempt: / / Time: rc_> O Z5 am AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. DEFENDANT(S) JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN CUMBERLAND COUNTY No. 07-690-CIVIL TERM ACCT. #147843 Type of Action - Notice of Sheriffs Sale SERVE CHARISE M. KAUFFMAN AT 329 WEST PENN STREET Sale Date: SEPTEMBER 5, 2007 CARLISLE, PA 17013 Nay ? SERVED Served and made known to C?}ay (S? lyl • Kau eFffi k , Defendant, on the day of N'P R I L , 2001, at L a I , o'clock?L.m., at 3,c)q V/ . TeM N ? • I C& 1? de Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 'J Height Weight ;? 10 Race w Sex Other I, V-0-XI" W LL-, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs gibed befor??l ' ??_day of /7Z I 7y, 200 o C6%f By: Nlpow4ta ??U%_ffAtTfff&_T'fth 'T tWLEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 .21 PubiiC ATTEMPTED. State oi New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of .200_, at o'clock _ m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: / / Time: 2°d Attempt: / / Time: C ? -V ?.- m q n-I Fq ..,_ tom- ? -?€ N ? WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,329 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Discover Bank c/o James C. Warmbrodt, Esquire 436 Seventh Street, Suite 2718 Pittsburgh, PA 15219 2. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JP Morgan Chase Bank, as Trustee, c/o Residential Funding Corporation 2255 N. Ontario, Suite 400 Burbank, CA 91504 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. Sec. 4904 relating to unsworn falsification to authorities. d July 30, 2007 DATE DANIEL G. C IEG, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. CUMBERLAND COURT OF COMMON PLEAS CIVIL DIVISION JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s) NO. 07-690-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 329 WEST PENN STREET_ CARLIST.E, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. D J DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: icy 30, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 147843 W ?M.th• ;??A:a ???1VW so ?e aao?ad+a o uos aabooa LOOT ?zo Wt ZO + Ast a o0 ta u rJa ? ? o eel (y? N Q M WW `I` o a o a a °" a z U U U ? w o? F N M C'l U ?v ? SAW v o ? Q ?W z ? U F ? U w W W A 00 4 ?o k" y ... N M Q ?d4 0 ?r a? U a M ? 0 ? 00 -1.1 111, y y g ffi a lull, ll 8 H Q O ? x? a 3 ?a a ? ? U o? Luil fio LS L 3000d1z W08:1 Q311vvi cooz o£Inr OWS20000 09L' W $ M z o 53AAMA3NLd-i w W 0 o U a ran ?z?3 M° d ? 'd o Uw•=? a.O?a ? L y ? zdo w° ?2 y .V. S N o 0 8y 8 u r- o 0 0 ? y urn A CC 5 u H 00 g q •_ F' M d• W ? ? ? ? 8 O O p O T u 0 O ?• O U ?" ?`' N A ? a 25 E .E U` H ? ? E? ? oww Q O r Vl ] wJ 'R " E N Ri [? rn w y K W O a v 3 v.?S w Q E-H p ? ?? s? a o. > W H d g" g8 A c7 U H x ad W oa r s 2 ,:t ¢ Rj ? N i QO O A U P4 pip a ? 4t FS a z? w? (((]77...??? A a ? 3 w? O ? ? ?? o U N ?- a O W w *a C4 . F o 'a Go W W d cn a- Z x U d W W oe ww O v w a w U O ? ? ? w W a Q Q 0. o E.: w H ? ? o x W ? o o o ? a x u x aJw W E w a A d x U H ^ z 000 G4 8 E W w ¢ z x z x0 ? w 00 ., z p o U z W d p q z ' v N d ° A ci ai H a z A U L .n Z d v (? V y Q O p p .x V F N 3 .-J .? N M `T V1 D t? 00 O N F C ?" ?" e`er- ? ?-- r 'O -d?? ? l ? l " ? ?. C?.' ? `P C l ?? ^'4• ? ?" Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage Inc. VS Jeffrey D. Kauffman and Charise M. Kauffman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-690 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2007 at 1425 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeffrey D. Kauffman and Charise M. Kauffman, by making known unto Charise M. Kauffinan, personally and wife of Jeffrey D. Kauffman at 329 West Penn Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2007 at 1549 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey D. Kauffman and Charise M. Kauffman located at 329 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeffrey D. Kauffinan and Charise M. Kauffman, by regular mail to their last known address of 329 West Penn Street, Carlisle, PA 17013. These letters were mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 21.84 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Law Journal 479.00 Patriot News 440.36 Share of Bills 15.69 Postpone Sale 40.00 $1,113.99 ?11/41o'r ? G??7 GR, 3 5 ?°3 So Answers: R. Thomas Kline, Sheriff BYE o Real Es4geant 4 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JEFFREY D. KAUFFMAN . CHARISE M. KAUFFMAN NO. 07-690-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,329 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 329 WEST PENN STREET CARLISLE, PA 17013 329 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 4: Namd and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WASHINGTON MUTUAL BANK, FA 3883 AIRWAY DRIVE SANTA ROSA, CA 95403 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 329 WEST PENN STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. March 21, 2007 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). CUMBERLAND COUNTY No. 07-690-CIVIL TERM March 21, 2007 TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 329 WEST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66,376.98 obtained by WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. . 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated AUgust 31, 1987 and recorded September 1, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffinan, single man, individually. PARCEL IDENTIFICATION NO: 05-20-1798-018 CONTROL #: 05000465 Premises: 329 West Penn Street, Carlisle, PA 17013 4th Ward of the Borough of Carlisle Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Charise M. Kauffman, husband and wife, by Deed from Leon R. Kauffinan, single man, individually, dated 09/08/1997, recorded 09/12/1997, in Deed Book 164, page 415. F WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-690 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JEFFREY D. KAUFFMAN AND CHARISE M. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,376.98 L.L. $.50 Interest FROM 3/21/07 TO 9/5/07 (PER DIEM - $10.91) - $1,832.88 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $144.40 Other Costs ADD'L COST - $1,774.50 Plaintiff Paid Date: MARCH 29, 2007 J?? Curtis R. L g, Pr not ry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 oap ? is K*. Real Estate Sale # 05 On April 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 329 West Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 13, 2007 By: _ -,J G C(k? Real Estate Sergeant 8dV L061 -I 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. 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 #5 • 31 ..... w,-.-P4 ...... ....... . ..... ............ '' - aIIMR ; 1AIWa; ? M b qW oaten lot of 1? ttacco wwd of d+e ' Of "k " „i ; Via s*? , rm Sworn to and subscribed befor 'j% e this 20th day of August 2007 A.D. Nl t?+3"rye z i !_ + iv ?v ?:? L4 Terry ?. C s? .: 1 r4., iC rty Of : t :?,:ryy Z)"Pnir' CQrsf icy NW C iss°?n ExN J ?^ ' ^ Lu t NOTAfY P LIC CUMBERLAND COUNTY SHERIFF'S 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal 'notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: Jul 20, Jul 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. S Writ No. 2007-690 Civil Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc. VS. Jeffrey D. Kauffman and Charise M. Kauffman Atty.: Daniel Schmieg DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along ?+..±.. lflto of Rn}+nrt ThomnC n a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/22/2007-09/02/2009 (per diem -$10.91) No. 07-690-CIVEL TERM $66,376.98 $9,775.36 and Costs TOTAL $76,152.34 y1A DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 147843 ?o ?rA w4t z UU a o oz aU ? ww ? war? . Z v ^, 4-4 rA W w v1 `?' N a W? cd?y ww o a ow 00 off vz a' 33 00 U 0 O M M sue, O a ?A °x w ?0U 4 46 rd 7 ¢ pq a ? w H? aw a Y V , r V ct 00 I? E3 i 7 `. h 1 ?l LEGAL DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING ata point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 170.13. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Charise M. Kauffman, husband and wife, by Deed from Leon R. Kauffinan, single man, individually, dated 09/08/1997, recorded 09/12/1997, in Deed Book 164, page 415. PREMISES BEING: 329 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-018 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIff G. SCHMIEG, ESQUIRE Attorney for Plaintiff F TFi P"T 'I In;,3fN?Y 2DO9 APR ! ! 3 ! j I\tr 9".. `;tVri??f?! WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-690-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,329 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 329 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK DISCOVER BANK C/O JAMES C. WARMBRODT 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 436 SEVENTH STREET, STE. 2718 PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JP MORGAN CHASE BANK, AS TRUSTEE, 2255 N. ONTARIO, SUITE 400 C/O RESIDENTIAL FUNDING BURBANK, CA 91504 CORPORATION 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 329 WEST PENN STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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.A. § 4904 relating to unsworn falsification to authorities. April 9, 2009 DATE DAME G. SCHMIEG, ESQUIRE Attorney for Plaintiff FI1,.EG-L2?'r=?C?,ry OF THE PR',)r'_1 N",) ! tl 2009 APR 14 Psi 1: 31 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff, V. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). CUMBERLAND COUNTY No. 07-690-CIVIL TERM April 9, 2009 TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 329 WEST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66,376.98 obtained by WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To. prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You.may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point;on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.3.5 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 170.13. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Charise M. Kauffman, husband and wife, by Deed from Leon R. Kauffinan, single man, individually, dated 09/08/1997, recorded 09/12/1997, in Deed Book 164, page 415. PREMISES BEING: 329 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-018 FILED '?-J"r- OF THE PR? )TL?C NQT RY 20-59 APP 14 Pli 1, 31 L ,4 J ii±?d l y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-690 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From JEFFREY D. KAUFFMAN AND CHARISE M. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,376.98 L.L. Interest FROM 3/22/2007-09/02/2009 (PER DIEM - $10.91) - $9,775.36 AND COSTS Atty's Comm % Atty Paid $1279.89 Due Prothy $2.00 Other Costs Plaintiff Paid Date: APRIL 14, 2009 - AuLqlka C s R. Long, PftMonotary/ REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 Sheriffs Office of Cumberland County N C , 0 R Thomas Kline Sheri P .0 Ronny R Anderson Chief Deputy c Jody S Smith Civil Process Sergeant F,GE 0` Edward L Schorpp Solicitor Wells Fargo Bank, N.A., Case Number vs. Jeffrey D Kauffman 2007-690 SHERIFF'S RETURN OF SERVICE 07/07/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg. SHERIFF COST: $78.54 July 07, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ew*'1° ?ba? 0*?a Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as, 329 West Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 By: Real Estate Coordinator EE :E c1 L I HdV 6001 s .? Vii/ "i'HE PROTHONOTARY V 6, Phelan Hallinan & Schmieg, LLP2012 FEB -9 AM 10: BAorney For Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M Court of Common Pleas WELLS FARGO HOME MORTGAGE, INC. Civil Division Plaintiff : CUMBERLAND County vs JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant : I No. 07-690-CIVIL TERM TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please ark the in rem judgment Satisfied and the action Discontinued and Ended. n I Date: P LAN LINAN & SC G, LLP Me ' .Cantwell, Esq., Id. NKo.RrS? Attorney for Plaintiff PHS # 147843 arnt $ q, .O'P4 0 11 Sy?s'Y l?kQ -7nit- N_(o Phelan Hallinan & Schmieg, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN No. 07-690-CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLIS E, PA 17013 Date: ? Melissa J. Cantwell, Esq., Id. No. 2 Attorney for Plaintiff PHS # 147843