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HomeMy WebLinkAbout03-4181MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02> - 41p t CIX COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuer la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere qua usted cumpla con todas las provisioner de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: GMAC Mortgage Corporation of PA Assignee: Mortgage Electronic Registration Systems, Inc. Recording Date: 01/02/01 Book: 663 Page: 476 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 13 Maple Avenue a/k/a Maple Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Township of South Newton COUNTY: Cumberland DATE EXECUTED: 12/04/89 DATE RECORDED: 12/06/89 BOOK: 960 PAGE: 1086 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said mortgage as of 07/25/03: Principal of debt due $44,408.29 Unpaid Interest at 10.00% from 03/01/03 to 07/25/03 (the per diem interest accruing on this debt is $12.17 and that sum should be added each day after 07/25/03) 1,788.99 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $139.09 and that sum should be added on the first of each month after 07/25/03) (140.10) Corporate Advance 402.83 Late Charges (monthlyy late charge of $22.77 should be added in accordance with the terms of the note each month after 07/25/03) 91.08 Attorneys Fees (anticipated and actual to 5% of principal) 2,220.41 TOTAL $49,301.50 7. The attorney's fee 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 in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $49,301.50 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark A. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT IN THE EASTERN LINE'OF A PUBLIC ROAD LEADING FROM THE VILLAGE OF WALNUT BOTTOM TO STOUGHSTOWN AT APOINT FIFTY-EIGHT (58) FEET NORTH OF A COMMON CORNER BETWEEN A TWENTY (20) FOOT DRIVEWAY AND LAND INTENDED TO BE CONVEYED TO SAMUEL R. DEVOR; THENCE ALONG TIM EASTERN LINE OF. SAID PUBLIC ROAD, NORTH THIRTY- SIX (36) DEGREES EAST, FIFTY-EIGHT (58) FEET TO A POINT AT LINE OF LAND INTENDED TO BE CONVEYED TO SAMUEL F. SHUMAN; THENCE BY SHUMAN TRACT, SOUTH FIFTY-FOUR (54) DEGREES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT AT OTHER LANDS OF MARK E. COCELEY ET UX; THENCE BY COCXLEY LAND, SOUTH THIRTY-SIX (36) DECREES WEST, FIFTY- EIGHT (58) FEET TO A POINT AT LINE OF LAND OF SAMUEL K. DEVOR; THENCEBY DEVOR TRACT, NORTH FIFTY-FOUR (54) DEGREES WEST, ONE HUNDRED FIFTY (150) FEET TO THE PLACE OF BEGINNING. CCENLAIr.-v UMRAL LOAM ADMMMAZON a REPORTING (800) 242-7178 July 01, 2003 Jeffrey P Kauffman Po Box 206 Walnut Bottom Mortgaged Property: , PA, 17266 13 Maple Avenue Walnut Bottom PA 17266 Certified Mail NO. Account No. 0010793867 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403), OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.4090. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 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 HOMEOWNERS 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 RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS, XC193 003 CCM EXHIBIT A j ul_aQ 1v., -_ __ Page 2 Loan No. 0010793667 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. BOX 77410 Ewing, NJ 08618 Telephone Number: 1-800-242-7178 Contact Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30 ) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary cc schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. if you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment. 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. It is extremely important chat your XC178 008 CCM Page 3 Loan No. 0010793867 application is accurate and complete in every respect. 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NVMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 13 Maple Avenue Walnut Bottom PA 17266 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the following months, and the following amounts are now past due: 4/1 THROUGH 611 PAYMENT (3) 0 $605.05=$1,815.15 Monthly Payments Plus Late Charges Accrued: $ 1,883.46 NSF: S 40.47 Inspections: $ Other: $ 36.50 (Suspense): S TOTAL AMOUNT TO CURE DEFAULT: S 1,960.43 B. YOU HAVE FAILED To TAKE THE FOLLOWING ACTION; REINSTATE THE LOAN 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 creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 019 CCM JUL-eO-GVgJ 10•r1 Page 4 Loan No. 0010793867 IF YOU DO NOT CURE THE DEFAULT - if you do noc cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor 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 creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, 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 CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. 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 SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF'S DATE - Ic is estimated chat the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent cc you before the sale. Of course, the amount needed co 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 creditor, If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. XC1s0 010 CCM h I Page 5 Loan No. 0010793867 I' EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will aassume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT + TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. • TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. + T HAVE THIS DEFAULT CORED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • T HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAALT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTANCE OF A DEFAULT IN ANY PORECLOSURE 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 BANRRVPTCY LAW. A LIST OF CONSUMER COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Sincerely, Angela M. Pulli Second Vice President XC181 019 CCM THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. J UL-LO-eGY?_i io • r a J, F, Postage . N y Certified roe _ p I (17 Return RecaOpt Fee le d i N nom.e manr pWro ) Receipt Foslmerk s •trklnd DeBve Fee Mere • O ry (erMOr 1 RetNroy IN Poeta e & Fees $ p ` 0 PS Form 9800, February 2002 US Postal Service Certified Mail Receipt > Poafaye - ._,. -., - - -._. N Lr) O CeniBed Fee Mail Rc ftcogp Receipt i t Fee Kluind) ? ' Rest Dclivory Fee Postmark 0 (EI4hffWD wRpubW) Hare r1 Totsi POSU90 & Fees $ ` P- ant o a^ m. • PS Fo, Fobruary p002 US Paocd Sorvice `- _ _ - _ Certified Mail Receipt TOTAL P.12 JUL-GC-GWu lo•?o CCENLARV CENTRAL LOAN ADMfN5 RA710N d REPOIQWG (800) 242-7178 July 01, 2003 Jeffrey P Kauffman 13 Maple Avenue Walnut Bottom PA 17266 Mortgaged Property: 13 Maple Avenue Walnut Bottom PA 17266 Certified Mail No. Account No. 0010793867 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LASE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403); OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.20IC-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SO CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SO HIPOTECA. 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 RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC177 004 CCM JVL GV GVV..v ?'?'.+? :?age 2 roan No. 0010793867 TEMPORARY STAY OF FORECLOSURE - Under the-Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Addressr P.o. Box 77410 r Ewing, NJ 08618 Telephone Number: 1-800-242-7178 Contact Person: MS. PULLS CONSUMER CREDIT COUNSELING AGENCY - If you meet: with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30 ) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment. 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. It is extremely important that your XC179 008 CCM Page 3 Loan No. 0010793867 application is accurate and complete in every respect. 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 13 Maple Avenue , Walnut Bottom PA 17266 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the following months, and the following amounts are now past due: 4/1 THROUGH 6/1 PAYMENT (3) 0 $605.05=$1,815.15 Monthly Payments Plus Late Charges Accrued: $ 1,883.46 NSF: 5 40.47 Inspections: $ Other: $ 36.50 (Suspense): $ TOTAL AMOUNT TO CURE DEFAULT: $ 1,960.43 B. YOU HAVE FAILED TO TARE THE FOLLOWING ACTION: REINSTATE THE LOAN 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 co the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any ocher default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 015 CCM JUL-GC-LGGJ lo•J7 Page 4 Loan No. 0010793897 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 CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor 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 creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, 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 CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. 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 SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the'addreas set forth above. XC180 010 CCM JUL-LO-cvaJ +?+ -.•+ Page 5 Loan No. 0010793867 EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will asssume the mortgage debt, provided chat all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. + TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO RAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * Tb 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 NONEXISTANCE 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. A LIST OF CONSUMER COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Sincerely, Angela M. Pulli Second Vice President XC181 019 CCM THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J/ Udren; ESQUIRE MARK J. UDREN & ASSOCIATES C] T _ ri ? v ] 1. ? tT V Ti j.] SHERIFF'S RETURN - REGULAR CASE NO: 2003-04181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KAUFFMAN JEFFREY P RICHARD SMITH , 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 P the DEFENDANT , at 1828:00 HOURS, on the 11th day of September, 2003 at 13 MAPLE AVENUE WALNUT BOTTOM, PA 17266 by handing to JEFFREY KAUFFMAN 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 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /7rAday of C?G.tL? a 04-3 A.D. rothonotary So Answers: R. Thomas Kline l! 09/12/2003 MARK UDREN By: Deputy Sheriff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. Plaintiff V. Jeffrey P. Kauffman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. MARK J. UDREN & ASSOCIATES DATED: November 11, 2003 Y- a J U ren, Esquire Attorney for aintiff• V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9/19/03 A:ame Rose ry L. Leonardis Title: A t. Secretary Company: Mortgage Electronic Registration Systems, Inc. Jeffrey P. Kauffman Loan #0010793867 MJU #03070542 G , + ?" i3J > f=C. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS :CIVIL DIVISION .Cumberland County :MORTGAGE FORECLOSURE 'NO. 03-4181 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $49,301.50 Interest Per Complaint 1,326.53 From 7/26/2003 to 11/11/2003 Late charges per Complaint 68.31 From 7/26/2003 to 11/11/2003 Escrow payment per Complaint 556136 From 7/26/2003 to 11/11/2003 TOTAL $51,252.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MAR JK UJDN & ASSOCIATES ark dren, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE : d)40() /?? a nn INDI TED n PRO PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. Plaintiff v Jeffrey P. Kauffman Defendant(s) ATTORNEY FOR PLAINTIFF , .COURT OF COMMON PLEAS ?CIVIL DIVISION :''Cumberland County NO. 03-4181 Civil Term TO: Jeffrey P. Kauffman 13 Maple Avenue Walnut Bottom, PA 17266 DATE of Notice: October 6, 2003 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION SMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. / s / JAI vnv/l Mark J. Udren, Esquire 1040 North Kings Highway, Suite 500 Cherry Hill, New Jersey 08034 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration S stems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff v.. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF New Jersey COUNTY OF Mercer SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Jeffrey P. Kauffman Over 18 As captioned Unknown Sworn to and subscribed before me this 19th day September 20 03. Notary Pubiic abovVaq&e:? o e y L. eon is Title: Ass . Secretary Company: ortgage Electronic Registration Systems, Inc. OWA4.4 DRI'+NSY "arMyptf UGOF D MyEp?mmweta+ -1z ZZ: r' 2r ? ? MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ,08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 0861.8 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 NO. 03-4181 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount, due $51,252.70 Interest From 11/12/2003 1,375.21 to Date of Sale March 3, 2004 Per diem 0$12.17 (Costs to be added) $ MARK J. UDREN & ASSOCIATES Ark Udr n, Esquire ATTORNEY FOR PLAINTIFF E -f- rn T l r a T ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4181 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JEFFREY P. 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 $51,252.70 L.L. $.50 Interest FROM 11/12/03 TO DATE OF SALE 3/3/04 - PER DIEM @$12.17 -- $1,375.21 Any's Comm % Atty Paid $119.66 Plaintiff Paid Date: NOVEMBER 18, 2003 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856482-6900 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonota By: O--)? n Deputy Supreme Court ID No. 04302 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 B56-482-6900 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff v. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the 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 insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES rk . U ren Esquire ATTORNEY FOR LAINTIFF MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION ;Cumberland County ;MORTGAGE FORECLOSURE 'NO. 03-4181 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, 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: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp) PA 17266 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeffrey P. Kauffman 13 Maple Avenue Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Conseco Bank, Inc. Cottonwood Corporate Center 2825 East Cottonwood Prky. 230 Salt Lake City, UT 84121 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp) PA 17266 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. MARK J. UDREN & ASSOCIATES DATED: November 11, 2003 ( M rk U en, Esquire k-/Attorney for P1 intiff c> ?_ ???: ?,,, ; `i _\ ?;?; - MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 134302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 0863.8 Plaintiff 'COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County -MORTGAGE FORECLOSURE V. Jeffrey P. Kauffman 'NO. 03-4181 Civil Term PO Box 206 Walnut Bottom, PA 17266 Defendant(s) NOT= OF SHERIFF'S SAT.R OF FRAT. PROPERTY TO: Jeffrey P. Kauffman 13 Marple Avenue Walnut Bottom, PA 17266 Your house (real estate) at 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 is scheduled to be sold at the Sheriff's Sale on March 3, 2004, at 10:00 a.m. in the Commissioners Hearing Room, 2nd. floor, Courthouse, Carlisle, PA, to enforce the court judgment of $51,252.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ARLE TO PRFVFNT THIS SHERIFF'S SATE To prevent this Sheriff's Sale, you must take irmeA4 ate actlo= 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (8551 4e2-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more: chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOII MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT?IE$ RIGHTS EVEN IF- THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 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 856-482- 6900. 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 after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. BY: Mark J. Udren ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: February 26, 2004 REN ILA OF ES, P.C. BY: Mar J. re , Esquire Att rn- fo Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) DATE: January 28, 2004 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OZ-REAL- PROPERTY OWNER(S): Jeffrey P. Kauffman PROPERTY: 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March_3a_ 2.0-04, at 10:00 a.m., at the Commissioner's Hearing Room, 2nd floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ti_ - ...,, ,..., m ? Y V ` U? m q 6 TnVOm ? ? ° ? a E m v c SgE yo ? {{ ?? E °5g3m D = v S? E 8 a L fnLL E?g'c? 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U r U 3 o z i N ' ND- F K L ) ( C l a. c ?¢ C c C m < ¢ z ? m c z m o E8 J JE d .m N a d a c 0 o. R m O Y d 3 m CL a a m d a E 0 U m m 7 m E t W m LL A 00 of 00 LL. cn a n N T;w Z 70 4 _ Q J L cn UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Jeffrey P. Kauffman, has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on March 2, 2004, Bankruptcy C91se No. 04-01215. Mark J.-Udren, Esquire UDREN LAW OFFI ES, P.C. Attorney for Plaintiff r, -? o G ?.P ? ? ?__ t •-? T ? T ` ?.? ' _^ ?Ti l.0 O 1 ) ? _ ? ?7?1 ?t _ 1 U? ?{ Mortgage Electronic Registration Systems, In The Court of Common Pleas of Inc. Cumberland County, Pennsylvania VS Writ No. 2003-4181 Civil Tenn Jeffrey P. Kauffman R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriff's Costs Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 13.55 15.00 15.00 19.32 15.00 20.00 20.00 260.75 251.74 29.32 .50 1.00 $691.18 paid by attorney 06/08/04 Sworn and subscribed to before me So Answers: This /D tday ofL-?, ' 7 J s_ sc ?Z /?,, e F / R. Thomas Kline, Sheriff 2004, A.D. l ?u y? l ?h? eC?w BY Prothonotary Real EstaJ Deputy ??' )S 2,o 1 P Real Estate Sale # 37 On November 25, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as 13 Maple Avenue a/k/a Maple Ave.,Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 25, 2003 By j Real Est e Deputy w ;t t,5 CIi ?eN ill\i?r;s '; .`rte THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Llhul?hin in Iscellaneous Book "M", Volume 14, Page 317. T ''II /I / .\ „ Sworn to and subscribed foe m s 23rd day of Fe ry 2004 A.D. Notaral Seal / Terry L. Russell, Notary Publ' /' I City of Harrisburg, Dauphn rt -" l My Commission Expires June 6,2006 N ARY PUBLIC Member perwwoenisAssocieaonofNoMyscommission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 251.74 Jblisher's Receipt for Advertising Cost blisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ceipt of the aforesaid notice and publication costs and certifies that the same have By .................................................................... PUBLICATION COPY SALE #37 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL. ESTATE SALE NO. 37 Writ No. 2003-4181 Civil Mortgage Electronic Registration Systems. Inc. VS. Jeffrey P. Kauffman Atty.: Mark J. Udren ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of South Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point in the eastern line of a public road leading from the Village of Walnut Bottom to Stoughstown at a point fifty-eight (58) feet North of a common corner between a twenty (20) foot drive- way and land intended to be con- veyed to Samuel K. Dever; thence along the eastern line of said public road, North thirty-six (36) degrees East, fifty-eight (58) feet to a point isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004_ NO'MfAi?ia SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Cei ui .... e..,_. lying and being in the Township of South Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point in the eastern line of a public mad leading from the Village of Walnut Bottom to Stoughstown at a point fifty-eight (58) feet North of a common corner between a twenty (20) foot drive- way and land intended to be con- veyed to Samuel K. Dever; thence along the eastern line of said public road. North thirty-six (36) degrees East, fifty-eight (58) feet to a point at line of land intended to be con- veyed to Samuel F. Shuman; thence by Shuman Tract, South fifty-four (54) degrees East, one hundred fifty (150) feet to a point at other lands of Mark E. Cockley et ux; thence by Cockley land, South thirty-six (36) degrees West, fifty-eight (58) feet to a point at line of land of Samuel K. Dever; thence by Dever Tract, North fifty-four (54) degrees West, one hundred fifty (150) feet to the place of beginning. BEING KNOWN AS: 13 Maple Ave- nue, a/k/a Maple Avenue. Walnut Township, (South Newton Town- ship), PA 17266. PROPERTY ID NO.: 41-31-2230- 040. TITLE TO SAID PREMISES IS VESTED IN Jeffrey P. Kauffman by Deed from Jeffrey T. Lindsey and Kandace R Lindsey, formerly Kan- dace R. Walker. husband and wife dated 12/04/89 recorded 12/06/ 89 Book H34 Page 793. N01Mi>USEAL LOIS E. SNYDER, Notary Publ Carlisle Boro, Cumberland Cow My Commission Expires March 5, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EASTERN INDUSTRIES, INC., Plaintiff, VS. BRADLEY C. McALLISTER, Individually and d/b/a B.C. McALLISTER PAVING, Defendant, VS. M&T BANK, Garnishee. :File No. 04-5350 :Amount Due $29,077.92 :Interest $1,056.36 :Late Charges :Atty's Comm. :Costs $165.50 TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and cost upon the following described property of the defendant Any and all vehicles tools equipment including heavy equipment or other personal property located at 5140 Erbs Bridge Road Mechanicsburg, Cumberland County, Pennsylvania PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and cost, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list)any and all bank accounts at M&T Bank, including but not limited to account number: 3741048940 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). _ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s))?described in the attached exhibit. DATE: I ??) Signature 1 Print Na se h S. D'Amico Jr. E Address: 4001 Schoolhouse Lane P.O. Box 219 Center Valley. PA 18034-0219 Attorney for: Plaintiff Telephone: 610-797-9000 Supreme Court ID No. 55645 f ,l u Cl/ W i? v C C p rz, i o Lnrrr G ? ' U? T W ; c L:'% WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EASTERN INDUSTRIES INC From BRADLEY C. MCALLISTER, INDIVIDUALLY AND D/B/A B.C. MCALLIS ER PAVING, 5140 ERBS BRIDGE ROAD, MECHANICSBURG, PA (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL VEHICLES, TOOLS, EQUIPMENT INCLUDING HEAVING EQUIPMENT OR OTHER PERSONAL PROPERTY LOCATED AT 5140 ERBS BRIDGE ROAD, MECHANICSUBRG, PA (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ANYAND ALL BANK ACCOUNTS AT M&T BANK, ONE WEST HIGH STREET, CARLISLE, PA - INCLUDING BUT NOT LIMITED TO ACCOUNT NUMBER: 3741048940 AND ALL OTHER PROPERTY OF THE DEFENDANT(S) IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID GARNISHEE(S) 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 $29,077.92 L.L. Interest $1,056.36 Airy's Comm % Due Prothy $1.00 Atty Paid $316.49 Other Costs Plaintiff Paid Date: JUNE 3, 2005 (Seal) REQUESTING PARTY: Name JOSEPH S. D'AMICO, JR., ESQUIRE Address: 4001 SCHOOLHOUSE LANE P.O.BOX 219 CENTER VALLEY, PA 18034-0219 Attorney for: PLAINTIFF Telephone: 610-797-9000 Supreme Court ID No. 55645 CURTIS R. LONG Prothonota By: O o / '/rD Div ?- Deputy NO 04-5350 Civil CIVIL ACTION - LAW UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, TO THE SHERIFF: PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount due $51,252.70 Interest From 11/12/03 7,925.40 to Date of Sale 09/07/05 Per diem @$11.90 (Costs to be added) W ?F- r? ? ? ICA tij 0 .c ce e ? ?C ?} N ' ?[a ` c 77 RIM t: cr, .? .., Ss. q ? rn SJ/ Z7 W -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4181 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JEFFREY P. 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 $51,252.70 L.L. Interest FROM 11/12/03 TO DATE OF SALE 9/7/05 - PER DIEM @$11.90 - $7,925.40 Arty's Comm % Due Prothy $1.00 Arty Paid $823.34 Other Costs Plaintiff Paid Date: JUNE 6, 2005 CURTIS R. LONG Prothonotat (Seal) B G//J n v Cr Cn/l?. /1 Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 k s A l ?b ?,C?Lq IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Jeffrey Paul Kauffman Deborah June Kauffman, Debtor(s) CHAPTER 13 CASE NO. 1-04-bk-01215 MDF Mortgage Electronic Registration Systems, Inc., Movant, vs. Jeffrey Paul Kauffman Deborah June Kauffman, Debtor(s) / Respondent(s), and Charles DeHart, III, Trustee / Respondent. AMENDED ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY Upon consideration of the motion of Mortgage Electronic Registration Systems, Inc. for Relief from the Automatic Stay, it is hereby ORDERED AND DECREED THAT: The Automatic Stay of all proceedings, as provided under 11 U.S.C. §362, is modified with respect to premises: 13 Maple Avenue Walnut Bottom, PA 17266 as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. BY THE COURT, Ban p judge rmn? Date: May 24, 2005 This electronic order is signed and filed on the same date. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the 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 insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho4ities. P.C ftrk J. Udren, ES093?1?E ATTORNEY FOR PLAINTIFF 0 U C 5 co C.n w ./ 1 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeffrey P. Kauffman 13 Maple Avenue Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Conseco Bank, Inc. Cottonwood Corporate Center 2825 E. Cottonwood Prky. 230 Salt Lake City, UT 84121 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St. Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, De t. Department of Revenue p 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and understand that false statements herein are made subject belief. I of 18 Pa.C.S. sec. 4904 relating to unsworn falsificationtotauthoritiess DATED: May 31, 2005 uLxnry 1?yW OFFICES, ?.C. murk J. Udren, ESQ. Attorney for Plaintiff N 0 0 T i'f L : ? r- `? ?.. . c --yy77aT A n G r_ S ? ? C> p m ao cn ca UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D• NO. 04302 WOODCREST CORPORATE' CENTER 200 111 WOODCREST R 8003-3620 CHERRY HILL, 856-669-5400 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff v. f e p. Kauffman Jet r y PO Box 206 PA 17266 Walnut Bottom, Defendant(s) TO. Jeffrey P. Kauffman le Avenue ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO 03-4181 Civil Term 13 Map pA 17266 Walnut Bottom, k a Maple Avenue, Walnut Maple Avenue be sold at the your house (real estate) at 13 Map scheduled. to Twp), PA 17266 rs m, n the Commissioners Bottom (South Newton September 7, 2005, at 10:00 a• Sale on Sep Carlisle, PA , to enforce the mcourt ortgagee) Sheriff's Courthouse, the Hearing mortg g Room, 2nd Floor, plaintiff above of $51,252.70, obtained by the property will be relisted for judgment the sale is postponed, against you. If the Next Available Sale. R'S RIGHTS NOTICE OF OWNE SALE YOU MAY 136 tin Sheriff's Sale, you must take immediate action: mortgagee the back payment, late To prevent this to the ou must pay, be cancelled if you pays fees. To find out how much y 1, The sale will charges, costs and reasonable attorney you may call: 856 669-5400. a petition asking the court to strike 2 y also ask improperly entered. You ma . You may be able to stop the sale by filing or open the judgment, if the judgment was the Court to postpone the sale for good cause. sale through other legal sooner you proceedings. contact one, the 3, You may also be able to stop the age two on hol ri you may need an attorney to assert your 9hts. The more chance you will have of stopping the sale. (See notice on p to obtain an attorney.) highest f the Sher E DOES T DR PROpRR 2. bidder. You ma iY fin sale jS E PZACE Ty 111?TD y0U HAtrE You may be b1 out e was grOSS1Y inade t the not Price stCPped, 7 you OTFI$R RI due in 3. The Sa9?at1,°mpared to the Vhe COUrd by Call ingr P8S 6 e ty wi1l G?1 the sale. To fi) out through alue of Yto set as 669-S4 p0be Sold t ° the the o 4. If the amour jf this h y jf the Yer PrOPerdtythe sale the bid caner of the propertdase from as hap Pened Pays S. t t if he t Pri ce Paid Y bring herlff a e the d tghtj to he saBeYe Var h pa d YOU may call S6f6 ful tie of 1 8 the ma g legal proceediiherif remain appened.t0 the S 69 54 00.1 amOUnt to evict give S in the Pr herjff G. Y A schedule of ou ma you dee Aer will Y be eni YOU. d t° the b within 30 days aft distributiorid to until remain money. The money er the -he m a Share of buyer Athrhaull amount (reasons Why Y will be • This Y bid f rthe Money t ti du (10) days after eSpchedule ofbuty n acCedudae will ho seh it was Pal e the buyer back, if youYactmaY also harlbutjOnsirrf°ng)eareth tth13 who Wjiiiledby Your ho use YOU SHOULD immediatel?r rights sled fjled wsthedule ub the aleeoe. he lff TAKE THIS PAPER 1 exceptions CANNOT APFORD p he Sa leand defe GET LEGAL HELP. GO TO OR T, LA nses Sheriff Tw1fiR ,AT or ways of n ten RE Op Or7CE get t j CumbYo $p y CSfi VjcED XP 1.0w To p2? VOT O DT A your home ?ant Bar bertP Ave uesO°1atjOn UT wREgE OURR -929 g 31617013 ASSOC °9108 Cumber,, E aYC,ENCjDAD ?A Ve ueS0Clatjon '31667p13 9108 o O r! cn G f {Y- 7 l 1, r t ? ? Z ?: C ? -ri UC7 co CD -G W UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 06003-3620 RSA-999-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term AMENDED AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to autho4ties. Dated: August 16, 2005 OFFICES, P.C. BY: orney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL„ NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeffrey P. Kauffman 13 Maple Avenue Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Conseco Bank, Inc. Conseco Finance Consumer Discount Company Conseco Finance Consumer Discount Company Cottonwood Corporate Center 2825 E. Cottonwood Prky. 230 Salt Lake City, UT 84121 105 Bradford Road, Suite 200 Wexford, PA 15090 535 E. 4500 S. #D130 Salt Lake City, UT 84107 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq. Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 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. OFFICES, P.C. DATED: August 16, 2005 Mar U. Pdren, Esquire Att rlnev for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant (s) DATE: August 2,.2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): JEFFREY P. KAUFFMAN PROPERTY: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September IL 2005, at 10:00 a.m., in the COMMISSIONERS HEARING ROOM, 2 FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A oa N O.^ C y? (t u w? R 0. n 5? r ? . zZ $ z a ? ? W > a? Z r $ ? z a w ui 1t1 Dy Yl W H , W-?.C - w yc?r: was s ? Ctat .e A L m 6Q EvN m<b Z m c 3 r ?d??Q? iS31?id fld... r, ?ma ?g d E? b 'Q E C ??yy w ; Z 7I) A ? ? g m N L Q ?QQq jS ¢ ?£ . g L r ci I 1. E p? 22 T Q t h` y J i L Q. M LL 3 O G£ C O .E .w w w m E'n ao8 E m. R c w?a r x? H ° o 6 D y ?r7i O o g ZO W'..,. p. O a a . ?:n V a u rm a: .Lu G x U ma , ALL rQa U) y. z?' z;g ILL .Z $ LOU w U <co ILL ? ? Z. g C 'C t"1r $ ?ukp;x 2 a 1? a . Q LV.CF _ CO US iU- i fa S U Z z p .1 7 = C p U ca 0 LU A -2.1 a 1 vx z `ro t? ?.olenv Roil ?° Y? 6 8?Sm? I t a G Hwyy f I [L IL w _ w LL r a Lo r r r EXHIBIT A Mortgage Electronic Registration Systems, Inc. VS Jeffrey P. Kauffman The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 20034181 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2005 at 6:58 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey P. Kauffman, by making known unto Jeffrey Kauffman, personally, at 13 Maple Ave., Walnut Bottom, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2005 at 3:45 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey P. Kauffman, located at 13 Maple Ave., Walnut Bottom, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey P. Kauffman, by regular mail to his last known address of 13 Maple Ave., Walnut Bottom, PA 17266. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. Sworn and subscribed to before me So Answers This day of 2005, A.D._ Prothonotary R. Thomas Kline, Sheriff BYE IA Real Estate Sergeant EXHIBIT B ?; o t_. ? .? n ?"' c,r? .? - .: `?. ?;; art ?- <it _3 ?'_' ? ' ?. `. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-4181 Civil Term SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Jeffrey P. Kauffman has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on September 6, 2005, Bankruptcy Case No. #05-05925. Mark J. Udren, Esc UDREN LAW OFFICES, Attorney for Plain ire P. C. iff n i., ? ., _,?=' - ° m= ?. ri,,, -?,--7 r S ??`( _? f ? :.i ..S _, ',T'e'? r !- ? _:G -? Mortgage Electronic Registration Systems, Inc. VS Jeffrey P. Kauffman The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4181 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2005 at 6:58 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey P. Kauffman, by making known unto Jeffrey Kauffman, personally, at 13 Maple Ave., Walnut Bottom, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2005 at 3:45 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey P. Kauffinan, located at 13 Maple Ave., Walnut Bottom, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey P. Kauffman, by regular mail to his last known address of 13 Maple Ave., Walnut Bottom, PA 17266. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing $30.00 Poundage 15.36 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 22.40 Certified Mail 4.26 Levy 15.00 Surcharge 20.00 Law Journal Patriot News Share of Bills Postpone Sale 329.00 277.94 18.20 20.00 $ 783.16 Sworn and subscribed to before me This -e day of 2005, A.D. rothon R. Thomas Kline, Sheriff 4, 0 1 BY /1 Real Estate S rgeant I,Li) U2, 5J S 95 ? IG9 97L UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 1. Name and address of Owner(s) or reputed owner(s): Name Address Jeffrey P. Kauffman 13 Maple Avenue Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Conseco Bank, Inc. Cottonwood Corporate Center 2825 E. Cottonwood Prky. 230 Salt Lake City, UT 84121 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq. Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 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 falsificationjto authorities. OFFICES, V.C. DATED: May 31, 2005 YWrk J. Udren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey P. Kauffman 13 Maple Avenue Walnut Bottom, PA 17266 Your house (real estate) at 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $51,252.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you ac*_ immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: r BEGINNING AT A POINT IN THE EASTERN LINE OF A PUBLIC ROAD LEADING FROM THE VILLAGE OF WALNUT BOTTOM TO STOUGHSTOWN AT A POINT FIFTY-EIGHT (58) FEET NORTH OF A COMMON CORNER BETWEEN A TWENTY (20) FOOT DRIVEWAY AND LAND INTENDED TO BE CONVEYED TO SAMUEL K. DEVOR; THENCE ALONG THE EASTERN LINE OF SAID PUBLIC ROAD, NORTH THIRTY- SIX (36) DEGREES EAST, FIFTY-EIGHT (58) FEET TO A POINT AT LINE OF LAND INTENDED TO BE CONVEYED TO SAMUEL F. SHAMAN; THENCE BY SHAMAN TRACT, SOUTH FIFTY-FOUR (54) DEGREES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT AT OTHER LANDS OF MARK E. COCKLEY ET UX; THENCE BY COCK= LAND, SOUTH THIRTY-SIX (36) DEGREES WEST, FIFTY- EIGHT (58) FEET TO A POINT AT LINE OF LAND OF SAMUEL K. DEVOR; THENCE BY DEVOR TRACT, NORTH FIFTY-FOUR (54) DEGREES WEST, ONE HUNDRED FIFTY (150) FEET TO THE PLACE OF BEGINNING. BEING KNOWN AS: 13 MAPLE AVENUE A/K/A MAPLE AVENUE WALNUT BOTTOM (SOUTH NEWTON TWP), PA 17266 PROPERTY ID NO.: 41-31-2230-040 TITLE TO SAID PREMISES IS VESTED IN JEFFREY P. KAUFFMAN BY DEED FROM JEFFREY T. LINDSEY AND KANDACE R. LINDSEY, FORMERLY KANDACE R. WALKER, HUSBAND AND WIFE DATED 12/04/89 RECORDED 12/06/89 IN DEED BOOK H34 PAGE 793. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4181 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JEFFREY P. 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property 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 $51,252.70 L.L. Interest FROM 11/12/03 TO DATE OF SALE 9/7/05 - PER DIEM @$11.90 - $7,925.40 Arty's Comm % Due Prothy $1.00 Arty Paid $823.34 Other Costs Plaintiff Paid Date: JUNE 6, 2005 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale 457 On June 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as 13 Maple Avenue, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 13, 2005 Byre c71??-, Real Estate Deputy 81 :E d 9- Nor Q6Z C: THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ........................ . .. COPY Sworn to and so cr' s SALE #57 REAL ESTATE SALE No. 57 Writ No. 2008.4181 CWNTWM atlon 9yeftirw [ft. vs 'wry P. Kauffman Atly. Mark J. tldmn DESCRIPTION AIL n1a Cff TDa 0V m rand of of land omma ? ? ? of : Sylvania, BBGNNW at a dp edema Ime of a public mad leadLg dp YAW of Waaot Broom OD Sroe?wn at a Pact ft a& (58) fed am* Q(r commm Cow bm.. a (20) foot dtiVMO dad Lad Worded w"k om" b Sorel H. De, trace the e+stan 'me of said P*k mud, mM ddny-sdx lia MQ9685'aft(58)feettospointa im of of ] kh," to be conveyed m Samnd F. ?M1aivr.. by Ctoovaa U MA My fo , ?? fir ed before in s 16th day of gu NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.94 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, July 15 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 57 Writ No. 2003-4181 Civil Mortgage Electronic Registration Systems, Inc. VS. Jeffrey P. Kauffman Atty.: Mark J. Udren ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of South Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point in the eastern line of a public road leading from the village of Walnut Bottom to Stoughstown at a point fifty-eight (58) feet North of a common comer between a twenty (20) foot drive- way and land intended to be con- veyed to Samuel K. Devor; thence along the eastern line of said public road; North thirty-six (36) degrees East, fifty-eight (58) feet to a point at line of land intended to be con- WOFN TO AND SUBSCRIBED before me this 29 day of July, 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, TO THE SHERIFF: PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount due $51,252.70 Interest From 11/12/03 11,427.63 to Date of Sale 6/7/06 Ongoing Per Diem of 12.17 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. Mark J. Udren, ESQ E ATTORNEY FOR LAIN FF -C ? Irk r atrk w-° .? c c c in ?? ? C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4181 Civil COUNTY OF CUMBERLAND) CFVILACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JEFFREY P. 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property 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 hefshe has been added as a garnishee and is enjoined as above stated. Amount Due $51,252.70 L.L. Interest FROM 11/12/03 TO DATE OF SALE 6/7/06 ONGOING PER DIEM OF $12.17 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $11,427.63 Airy's Comm % Due Prothy $1.00 Airy Paid $1621.50 Other Costs Plaintiff Paid Date: FEBRUARY 14, 2006 2- Prothonotar (Seal) Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 fi?c? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Jeffrey P. Kauffman,. Deborah J Kauffman, Debtor(s) CHAPTER 13 CASE NO. 1-05-bk-05925 Mortgage Electronic Registration Systems, Inc., Movant, vs. Jeffrey P. Kauffman, Deborah J. Kauffman, Debtor(s) / Respondent(s), and Charles J. DeHart, III, Trustee / Respondent. ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY Upon consideration of the motion of Mortgage Electronic Registration Systems, Inc. for Relief from the Automatic Stay with a 180 Day Bar, it is hereby ORDERED THAT: the Automatic Stay as provided under 11 U.S.C. §362 is hereby modified with respect to premises known as and located at: 13 Maple Avenue Walnut Bottom, PA 17266 as to allow the Movant (or Movant's assignee) to take any, or continue any, legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: the Debtor, is hereby prohibited from filing or re-filing a bankruptcy petition in the Middle District of Pennsylvania for a period of one hundred eighty (180) days from the date of dismissal, relief, or discharge of the within bankruptcy, whichever event is the later event; and it is further ORDERED THAT: any automatic stay which may arise as a result of any bankruptcy case filed by the Debtor(s) in violation of the 180 day bar as set forth herein, shall not apply to Movant or Movant's assignee(s) and shall not act as a stay of any proceedings by Movant or Movant's assignee(s); and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. By the CamI. AA. v 71 Bankrup ,, Judge (mi) A;s electronic order is signed and filed on the same date. Dated: November 22, 2005 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the 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 insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Mark J. Udren, E ATTO Y FOR PL NTIFF ? } c': ?, i ?? _? 1"? .T, r _,. < 'l.: (,..`) UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeffrey P. Kauffman 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Conseco Bank, Inc. Cottonwood Corporate Center 2825 E. Cottonwood Parkway 230 Salt Lake City, UT 84121 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue (South Newton Twp) Walnut Bottom, PA 17266 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. UDREN LAW OFFICES, P.C. DATED: January 10, 2006 Mark J. Udren, SQ. t ney for Plaintiff ?.i ? l _] ? ) -? _:1 ---{ ` 1 L ? --? i f '. .-. . . ` o c. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-4181 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey P. Kauffman 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom, PA 17266 Your house (real estate) at 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 is scheduled to be sold at the Sheriff's Sale on June 7, 2006, at 10:00 a.m. in the Commissioners Hearing Room, 2nd F1., Courthouse, Carlisle, PA, to enforce the court judgment of $51,252.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic :COURT OF COMMON P EAS Registration Systems, Inc. :CIVIL DIVISION 425 Phillips Blvd. 'Cumberland County Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 ?NO. 03-4181 Civil Term Walnut Bottom, PA 17266 Defendant(s) AMENDED AFFIDAVIT OF SERVICE PURSUANT TO Pa. .C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a tru and correct copy of which is attached hereto as Exhibit "A", was sent o every recorded lienholder and every other interested party known s of the date of the filing of the Praecipe for the Writ of Execution, n the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defend t(s) by regular mail and certified mail on the date appearing on the at ached Return Receipt, which was signed for by Defendant(s) on the date s ecified on the said Return Receipt. Copies of the said Notice and Ret rn Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, th n service was by personal service on the date specified on the attac ed Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof o compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set orth by Pa Rule C.P. 3129. This Affidavit is made subject to the n ti of 8 Pa.C.S. Section 4904 relating to unsworn falsification to a t i s. Dated: May 23, 2006 LA FICES, P.C. BY: Mark J. r n, Esquire Attorney fo Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) COURT OF COMMON CIVIL DIVISION Cumberland Count MORTGAGE NO. 03-4181 Ci AMENDED AFFIDAVIT PURSUANT TO RULE Mortgage Electronic Registration Systems, Inc., P action, by its attorney, Mark J. Udren, ESQ., set the Praecipe for the Writ of Execution was filed information concerning the real property located a/k/a Maple Avenue, Walnut Bottom (South Newton T Term 3129.1 intiff in the above forth as of the date e following 13 Maple Avenue PA 17266 1. Name and address of Owner(s) or reputed Owner( Name Address Jeffrey P. Kauffman 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom, PA 1 266 2. Name and address of Defendant(s) in the judgme t: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor record lien on the real property to be sold: Name Address FOR PLAINTIFF judgment is a None 4. Name and address of the last recorded holder record: Name Address Plaintiff herein. Conseco Bank, Inc. See Caption Cottonwood Corpora 2825 E. Cottonwood Salt Lake City, UT Conseco Finance Consumer Discount Company 7360 S. Kyrene Tempe, AZ 85283 5. Name and address of every other person who has the property: Name Address None 6. Name and address of every other person who has in the property and whose interest may be affecte Name Address Real Estate Tax Dept Domestic Relations Section PA Department of Revenue Bureau of Compliance 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Stre Carlisle, PA 17013 every mortgage of Center rkway 230 121 any record lien on any record interest I by the sale: P.O. Box 281230 Harrisburg, PA 1712 -1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property wh'ch may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue (South Newton Twp) Walnut Bottom, PA 1'. ?66 I verify that the statements made in this affidavi are true and correct to the best of my personal knowledge or in ormation and belief. I understand that false statements hereXn are made subject to the penalties of 18 Pa.C.S. sec. 4904 rrlatfIg D unsw rn falsification to authorities. P. C. DATED: May 23, 2006 Attorney for P aintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc 425 Phillips Blvd. Ewing, NJ 08618 Plaintiff V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) DATE: January 10, 2006 FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION Cumberland Coun NO. 03-4181 Civi: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Jeffrey P. Kauffman PROPERTY: 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17: Improvements: RESIDENTIAL DWELLING Term The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on June 7. 2006, at 0:00 a.m., at the Commissioners Hearing Room, 2"d F1., Courthouse, Car isle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by th specified by the Sheriff not later that 30 days aftt will be made in accordance with the schedule unlesE thereto within 10 days after the filing of the sch e Sheriff on a date ?r sale. Distribution exceptions are filed Bdule. A 4gA N 3 $,ffi ? 2 a V V Fw- a! d r T all !k ui ? f. R X? 0. W? p 4 ' i fOOl r mm ?p LL °c ?j • L } V.rw 1 a 0 a -?? c i ?i 3$ I?I 1-? A m LL I a n$ e; NLL yy ? p N ? A S? ?aLL w U y 16 OL ? ct.. COQ W r yr ?? a4pd?. .? N F ? Zp N CC ?r U LL0l Uq z & LLI ? w W^3? NN ZdS 6 . C ,O CL r s 3 9 Z W ? ? N A Mortgage Electronic Registration Systems, Inc. VS Jeffrey P. Kauffman The Court of Commc Cumberland County, Writ No. 2003-4181 Robert Bitner, Deputy Sheriff, who being duly sworn acco on March 07, 2006 at 12:20 o'clock PM, he served a true copy of Writ, Notice of Sheriffs Sale and Description, in the above entitle within named defendant, to wit: Jeffrey P. Kauffman, by making 1 Kauffman, wife of Jeffrey P. Kauffman, at 13 Maple Ave., Walnu County, Pennsylvania, its contents and at the same time handing t said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn accord on April 12, 2006 at 11:10 o'clock A.M., he posted a true copy of Writ, Notice, Poster and Description, in the above entitled action, Jeffrey P. Kauffman located at 13 Maple Ave., Walnut Bottom, Pi to law. R. Thomas Kline, Sheriff, who being duly sworn accordin, served the above Real Estate Writ, Notice, Poster and Description manner: The Sheriff mailed a notice of the pendency of the actioi defendant, to wit: Jeffrey P. Kauffman by regular mail to his last Maple Ave., Walnut Bottom, PA 17266. This letter was mailed u 06, 2006 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of 2006, A.D. Prothonotary .a?- F? R. Thomas Kline, S BY Real Pleas of Term ling to law, states that ie within Real Estate action, upon the sown unto Deb Bottom, Cumberland her personally the to law, states that within Real Estate n the property of ylvania, according to law, states he n the following to the within named mown address of 13 der the date of April B ?? t7 --, Q ?- a; -n '" _;r :?=';. ? ?T G) , ^? tO ??'??? `' T, _._ _' t C? i. 7 m JI I' :a .? {`j k UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic ;COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff ;Cumberland County V. Jeffrey P. Kauffman Defendant ?NO.03-4181 Civil Term MOTION TO SET ASIDE SALE Plaintiff, Mortgage Electronic Registration Systems, Inc., by its Attorney, Mark J. Udren, Esquire, respectfully requests the Honorable Court to set aside the Sheriff's Sale held on September 6, 2006, and in support thereof avers as follows: 1. On September 6, 2006, the real property located at 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 ("Property") was sold at Sheriff's Sale ("Sheriff's Sale") to enforce Plaintiff's judgment in mortgage foreclosure against Defendants in the above matter, which judgment was entered on November 18, 2003, in the amount of $51,252.70. A true and correct copy of the Praecipe For Judgment is attached hereto as Exhibit "-A„ 2. Plaintiff was the successful bidder at said Sheriff's Sale. 3. Subsequent to the Sheriff's Sale, Plaintiff discovered that the Defendant was still active in a Repayment Plan and therefore, the Sheriff's Sale must be set aside. 4. No party or person will be harmed or prejudiced by setting aside the Sheriff's sale. WHEREFORE, so as to rectify of record the sale of the Property at a time when Plaintiff discovered that Defendant was still active in a Repayment Plan, Plaintiff respectfully requests this Honorable Court to set aside the Sheriff's Sale of the subject Property held on September 6, 2006. Respectfully submitted, UDREN LAW OFFICES, P.C. ,tom, t 1 By Mark J. ren, Esquire Attorney for Plaintiff .RK J. 13DREN & ASSOCIATES ATTORNEY FOR PLAINTIFF ,Y: Mark J. Udren, Esquire ATTY I.D. NO. 04302 10.40 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 ' 856-482-6900 Mortgage Electronic 'COURT OF COMMON PLEAS Registration Systems, Inc. ]CIVIL DIVISION 425 Phillips Blvd. Cumberland County Ewing, NJ 08618 :MORTGAGE FORECLOSURE Plaintiff V. Jeffrey P. Kauffman NO. 03-4181 Civil.Term PO Box 206 , Walnut Bottom, PA 17266 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSFSS?'r7'?I OF -DA14AGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $49,301.50 Interest Per Complaint 1,326.53 From 7/26/2003 to 11/11/2003 Late charges per Complaint 68.31 Frnm- 7/26/2003 to 1.3.111/2003 Escrow payment per Complaint 556.36 From 7/26/2003 to 11/11/2003 - TOTAL $51,252.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MAR J. UD N & ASSOCIATES ark . Udren, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY BIT A VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale and Memorandum of Law in Support are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. f By t Mark J. Udr n, Esquire Attorney for Plaintiff/Movant Dated: 914 1 I Z??o UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Plaintiff V. Jeffrey P. Kauffman Defendant COURT OF COMMON PLEAS 'CIVIL DIVISION ;Cumberland County NO.03-4181 Civil Term PLAINTIFF'S MEMORANDUM OF LAW In the context of the enforcement of judgments such as the judgment entered in the instant mortgage foreclosure action, the court has the discretion to set aside the sale of real property or enter any other order which may be just and proper under the circumstances. Pa.R.C.P. 3132, "Setting Aside Sale." In the present case, Plaintiff became the successful bidder at Sheriff's Sale held on March 1, 2006. Plaintiff discovered that Defendant was still active in a Repayment Plan and the Sheriff's Sale should be set aside. Plaintiff respectfully requests, therefore, that the Honorable Court enter an Order setting aside the September 6, 2006 Sheriff's sale. Respectfully submitted, UDREN LAW aE I S P.C. gy Mark J. Udren, Esquire Attorney for Plaintiff/Movant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. `:CIVIL DIVISION Plaintiff =Cumberland County V. Jeffrey P. Kauffman Defendant '-NO.03-4181 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiff's Motion To Set Aside Sheriff's Sale and Memorandum of Law in Support upon the following person named herein at their last known address or their attorney of record. X Regular First Class Mail Certified Mail other (certificate of mailing) Date Served: G lall iQ& TO: Jeffrey P. Kauffman 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 UDREN LAW OFFICES, P.C. F By / Mark J. Udren, Esquire Attorney for Plaintiff/Movant ? `_.? ,? -r? __ _, ?? r'? .? ? ,;_ ,? r;, ,,: .l i it '? I ? I OCT a 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND ?OUNTY CIVIL DIVISION Mortgage Electronic Registration Systems, Inc. Plaintiff V. Jeffrey P. Kauffman Defendant NO.03-4181 Civil Term ORDER AND NOW, to wit, this Li day of OCAob-Cl 2006, upon consideration of Plaintiff's Motion to Set Aside Sheriff's Sale, and any response thereto, it is hereby ORDERED and DECREED that the Sheriff's Sale of Property located at 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266, held on September 6, 2006, is set aside and vacated. 4 0 v? BY THE COURT: / ? Z :0I HN 9 m 100 3102Z Mortgage Electronic Registration Systems, Inc. VS Jeffrey P. Kauffman The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4181 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 07, 2006 at 12:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey P. Kauffinan, by making known unto Deb Kauffinan, wife of Jeffrey P. Kauffman, at 13 Maple Ave., Walnut Bottom, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2006 at 11:10 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey P. Kauffman located at 13 Maple Ave., Walnut Bottom, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey P. Kauffman by regular mail to his last known address of 13 Maple Ave., Walnut Bottom, PA 17266. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Pursuant to order of court dated October 06, 2006 by Judge Kevin Hess the sale of the real property located at 13 Maple Avenue, Walnut Bottom, Pennsylvania on September 06, 2006 is set aside and vacated. Sheriffs Costs: Docketing 30.00 Posting Handbills 15.00 Advertising 15.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 24.64 Certified Mail 4.64 Levy 15.00 Surcharge 20.00 Law Journal 329.00 Patriot News 287.60 Share of Bills 19.57 Poundage 15.44 $787.39 ? /I/, Jl D G :;el So Answe s: R. Thomas Kline, Sheriff BYJQ.AA Real Estate rgeant (4, SL o `r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 425 Phillips Blvd. :Cumberland County Ewing, NJ 08618 Plaintiff MORTGAGE FORECLOSURE V. Jeffrey P. Kauffman PO Box 206 Walnut Bottom, PA 17266 Defendant(s) :NO. 03-4181 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 13 Maple Avenue a/k/a Maple Avenue, Walnut Bottom (South Newton Twp), PA 17266 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeffrey P. Kauffman 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Conseco Bank, Inc. Cottonwood Corporate Center 2825 E. Cottonwood Parkway 230 Salt Lake City, UT 84121 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 13 Maple Avenue a/k/a Maple Avenue (South Newton Twp) Walnut Bottom, PA 17266 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. UDREN LAW OFFICES, P.C. DATED: January 10, 2006 Mark J. Udren, SQ. t ney for Plaintiff T UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 425 Phillips Blvd. :Cumberland County Ewing, NJ 08618 Plaintiff :MORTGAGE FORECLOSURE V. Jeffrey P. Kauffman :NO. 03-4181 Civil Term PO Box 206 Walnut Bottom, PA 17266 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey P. Kauffman 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom, PA 17266 Your house (real estate) at 13 Maple Avenue a/k/a Maple Avenue Walnut Bottom (South Newton Twp), PA 17266 is scheduled to be sold at the Sheriff's Sale on June 7, 2006, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA, to enforce the court judgment of $51,252.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 BEGINNING AT A POINT IN THE EASTERN LINE'OF A PUBLIC ROAD LEADING FROM THE VILLAGE OF WALNUT BOTTOM TO STOUGHSTOWN AT A POINT FIFTY-EIGHT (58) FEET NORTH OF A COMMON CORNER BETWEEN A TWENTY (20) FOOT DRIVEWAY AND LAND INTENDED TO BE CONVEYED TO SAMUEL R. DEVOR; THENCE ALONG THE EASTERN LINE OF SAID PUBLIC ROAD, NORTH THIRTY- SIX (36) DEGREES EAST, FIFTY-EIGHT (58) FEET TO A POINT AT LINE OF LAND INTENDED TO BE CONVEYED TO SAMUEL F. SHUMAN; THENCE BY SHUMAN TRACT, SOUTH FIFTY-FOUR (54) DEGREES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT AT OTHER LANDS OF MARK E. COCKLEY ET UX; THENCE BY COCKLEY LAND, SOUTH THIRTY-SIX (36) DEGREES WEST, FIFTY- EIGHT (58) FEET TO A POINT AT LINE OF LAND OF SAMUEL K. DEVOR; THENCE BY DEVOR TRACT, NORTH FIFTY-FOUR (54) DEGREES WEST, ONE HUNDRED FIFTY (150) FEET TO THE PLACE OF BEGINNING. BEING KNOWN AS: 13 MAPLE AVENUE A/K/A MAPLE AVENUE WALNUT BOTTOM (SOUTH NEWTON TWP), PA 17266 PROPERTY ID NO.: 41-31-2230-040 TITLE TO SAID PREMISES IS VESTED IN JEFFREY P. KAUFFMAN BY DEED FROM JEFFREY T. LINDSEY AND KANDACE R. LINDSEY, FORMERLY KANDACE R. WALKER, HUSBAND AND WIFE DATED 12/4/89 RECORDED 12/6/89 IN DEED BOOK H34 PAGE 793. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4181 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JEFFREY P. 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 $51,252.70 L.L. Interest FROM 11/12/03 TO DATE OF SALE 6/7/06 ONGOING PER DIEM OF $12.17 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $11,427.63 Atty's Comm % Due Prothy $1.00 Atty Paid $1621.50 Other Costs Plaintiff Paid Date: FEBRUARY 14, 2006 Prothono (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 60 On March 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as 13 Maple Ave., Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. PJUI eB Date: March 02, 2006 La 0 By. O-C Real Est to Sergeant hz 933 8001 3HI A0t ?i `o? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#60 Sworn to a s bs ri befor me s vin Terry L. Russell, Notary Public ity of Harrisburg, Dauphin County Commission QKrres JuneA 2006 ??mber,Pennsylva aM?oelat Nolariai NOT Y PUBLIC My commission expires June 6, 2006 ti CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 .-?„- '<?a 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: April 7, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Lisa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 NOTAPrAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Corrrnission Exprgs Larch 5, 2009 REAL ESTATE SALE NO. 60 Writ No. 2003-4181 Civil Mortgage Electronic Registration Systems, Inc. VS. Jeffrey P. Kauffman Atty.: Mark Udren ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of South Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point in the eastern line of a public road leading from the Village of Walnut Bottom to Stoughstown at a point fifty-eight (58) feet north of a common comer between a twenty (20) foot drive- way and land intended to be con- veyed to Samuel K. Devor; Thence along the eastern line of said public road, North thirty-six (36) degrees East, fifty-eight (58) feet to a point at line of land intended to be con- veyed to Samuel F. Shuman; Thence by Shuman tract, South fifty-four (54) degrees east, one hundred fifty (150) feet to a point at other lands of Mark E. Cockley et ux; Thence by Cockley land, South thirty-six (36) degrees west, fifty-eight (58) feet to a point at line of land of Samuel K. Devor; Thence by Devor tract, North fifty-four (54) degrees West, one hundred fifty (150) feet to the place of beginning. BEING KNOWN AS: 13 MAPLE AVENUE A/K/A MAPLE AVENUE, WALNUT BOTTOM (SOUTH NEW- TON TWP), PA 17266. PROPERTY ID NO.. 41-31-2230- 040. TITLE TO SAID PREMISES IS VESTED IN Jeffrey P. Kauffman by Deed from Jeffrey T. Lindsey and Kandace R. Lindsey, formerly Kandace R. Walker, husband and wife dated 12/4/89 recorded 12/ 6/89 in Deed Book H34 Page 793. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff :Cumberland County V. Jeffrey P. Kauffman NO. 0.3-4181 Civil Term Defendant PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: February 19, 2008 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ?w;,? ?a `::`' •? ?-?? " T E ?, t ?? ?? *_ ? r:1 x-