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HomeMy WebLinkAbout10-0731UDREN 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 IS A. SIMONI, ESQUIRE - ID #200869 ? -; ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 :CIVIL DIVISION Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 ":Cumberland County P.O. Box 961730 Irving, TX 75063 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe NO. 10 - -refit 4079 Darius Drive Enola, PA 17025 Defendant(s) 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 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 9? ft l- 00 p0 Airy W414gsy9 04 d.3&985 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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) dias 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 defensas 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 continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 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 C 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. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 F' 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the mortgage that is the subject to this action. Current assignments of mortgage are as follows: If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006- OPT3 Recording Date: 5/22/08 Instrument # 200816888 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: 4079 Darius Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 7/24/06 DATE RECORDED: 8/10/06 BOOK: 1962 PAGE: 32 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 F said Mortgage itemized below, 5. After demand, the shall be immediately due. 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 12/1/09: Principal of debt due $163,905.43 Unpaid Interest at 5.0% from 8/1/09 to 12/1/09 (the per diem interest accruing on this debt is $22.45 and that sum should be added each day after 12/1/09) 2,754.21 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $445.37 and that sum should be added on the first of each month after 12/1/09) 3,562.92 Late Charges (monthlyy late charge of $55.37 should be added in accordance with the terms of the note each month after 12/1/09) 666.97 Suspense Balance (509.59) Recoverable Balance 3,934.50 Property Inspection 28.80 Attorneys Fees (anticipated and actual to 5% of principal) 8,195.27 TOTAL $183,143.51 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. e 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 $183,143.51 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDRE CES, P. C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE '-hOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Exhibit A ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern dedicated right-of-way line of Danus Drive at the dividing line of Lot # 85 and lot #86; Thence by line of lot#85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot#87 and assign through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point o the southern right-of-way line of Danus Drive; Thence by said..right-of way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 AND Lot #86, the place of beginning. BEING Lot #86 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania..on July 21,1998, in, Plan Book 77 Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown in the. above mentioned subdivision plan. BEIONG County Parcel: 10-14-0831-100 ALSO being known as: 4079 Darius Drive { BKI962PGO049 C E' AU3(dT.,4 October 2, 2009 October 2, 2009 7104 5400 2100 2417 1876 Michael Kothe 4079 Darius Dr Enola, PA 17025-1474 17U T 1 1 E T A A 6% TT'q Et'ft HOME LPIR FO UR 9 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE THREE The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Michael Kothe 4079 Darius Dr Enola, PA 17025 0021967112 OPTION ONE MORTGAGE CORPORATION American Home Mortgage Servicing, Inc. EXHIBIT A E° Pagetwo 0021967112 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP IODATE . THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAAD SHOULD NOT BE CONSIDERED AS ANATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) f Page three 0021967112 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4079 Darius Dr, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOUHAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2009: (b) Late charge(s): (c) Other charge(s): NSF and Advances (d) Less: Credit Balance (e) Total amount required as of 10/01/2009: $5,472.88 $611.60 $3,963.30 $954.96 $9,092.82 HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS from the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9,092.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: American Home Mortgage Servicin Inc. 1525 S. Beltline Rd. Coppell, TX 019 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the lender intends to exercise its right 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 lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable cosis.If you cure the default within the THIRTY (30) DA Yperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. C. Page four 0021967112 HOW TO CONTACT THE LENDER Name of Lender: American Home Mortgage Servicing, Inc. Address: 1525 S. Beltline Rd. Coppell, TX 75019 Telephone Number: 1-866-612-3730 Fax Number: 1-866497-1263 Contact Person: Trivonda Porter, Sara Haliko and Selena Moore E-mail Address: Trivonda.porter@ahmsi3.com, Sara.haliko@ahmsi3.com, selena.moore@ahmsi3.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOUMAYALSO HAVE THE RIGHT. ° TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ° TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ° TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE FOUND ON PAGES S-7. American Home Mortgage Servicing, Inc. is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address below within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you verification of the debt or a copy of any judgment entered against you. 2) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, American Home Mortgage Servicing, Inc. American Home Mortgage Servicing, Inc. 1525 S. Beltline Rd. Coppell, TX 75019, 1-866-612-3730 c * Indicates Counties Serviced Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 'Bucks, Chester, Delaware, Montgomery, Philadelphia Action Housing Inc 425 6th Avenue, Suite 950 Pittsburgh, PA 15219 (412) 281-2102 'Allegheny, Beaver, Butler, Fayette, Greene, Washington, Westmoreland Adams County Interfaith Housing Authodty 40 E High Street Gettysburg, PA 17325 (717)334.1518 'Adams, Cumberland, Franklin, York Advocates for Financial Independence 1806 S Broad Street, Suite 1 B Philadelphia, PA 19145 (215) 389-2810 `Philadelphia Advocates for Financial independence 202 East Hinkley Avenue Ridley Park, PA 19078 (215) 389-2810 'Delaware Allegheny County Acorn 5907 Penn Avenue, Suite 300 Pittsburgh, PA 15206 (412) 441-6551 'Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888) 212-6741 'Chester American Credit Couseling Institute 526528 Dekalb Street Norristown, PA 19401 (610) 971-2210 (888) 212-6741 'Montgomery, Delaware American Credit Counseling Institute 530 W Street Road, Suite 201 Warminster, PA 18974 (215) 4449429 (888) 212-6741 'Bucks, Montgomery, Philadelphia American Credit Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6741 'Barks, Bucks, Montgomery American Credit Counseling Institute 229 East Chestnut Street Coatesville, PA 19320 (888) 212-6741 'Chester, Lancaster Amedcan Financial Counseling Services 871 N. Easton Road Glenside, PA 19038 (267) 228-7903 'MlfBin American Financial Counseling Services 405 West Germantown Pike Norristown, PA 19403 (267) 228-7903 'Mifflin, Montgomery American Financial Counseling Services 2880 Bergey Road Suite 4 Hatfield, PA 19440 (267) 228-7903 'Barks, Chester, Montgomery American Financial Counseling Services 175 Strafford Avenue, Suite One Wayne, PA 19087 (610) 971-2210 (888) 212-6741 'Bucks, Chester, Delaware, Mongomery, Philadelphia American Financial Counseling Services 906 Penn Avenue Wyomissing, PA 19610 (267) 228-7903 (800) 490-3039 'Barks American Financial Counseling Services 871 N. Easton Road Glenside, PA 19038 (267) 2267903 'Montgomery American Financial Counseling Services 1917 Welsh Road Philadelphia, PA 19115, PA 19610 (267) 2267903 'Bucks, Montgomery, Philadelphia American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 'Adams, Franklin, York American Red Cross of Chester 1729 Edgemord Avenue Chester, PA 19013 (610) 8741484 'Chester, Delaware APM 2147 Norht Sbdh Street Philadelphia, PA 19122 (215) 2356788 'Chester, Delaware, Philadelphia, Bucks Armstrong CO Community Action Agency 124 Armsdale Road, Suite 211 Kittanning, PA 16201 (724) 5463405 'Armstrong Bass, Inc. 447 South Prince Street Lancaster, PA 17603 (717) 392-6467 'Lancaster Blair County Community Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 946-3651 'Blair Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 'Crawford, Erie, Warren Bucks County Housing Group 200 West Bridge Street Morrisville, PA 19067 (866) 866-0280 'Bucks Bucks County Housing Group 2324 Second Street Pike, Suite 17 Wrightstown, PA 18940 (866)866.0280 'Bucks Bucks County Housing Group 470 Old Dublin Pike Doylestown, PA 18901 (866) 8660280 'Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866) 8660280 'Bucks Bucks County Housing Group 515 West End Blvd Quakertown, PA 18951 (866) 866-0280 'Bucks Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-7866 'Barks, Chester, Schuylkill Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 (215) 877-1157 'Chester, Delaware, Philadelphia Catholic Social Services Saint Catherine Manor 5 Knox Road Scranton, PA 18505 (570) 5563019 'Wyoming, Wayne, Bucks, Lackawanna, Monroe, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F1 Bristol, PA 19007 (215)563.5665 'Bucks CCCS of Delaware Valley 1777 Sentry Parkway W, Suite 200 Blue Bell, PA 19422 (215) 563-5665 'Montgomery CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215)563.5665 `Chester CCCS of Delaware Valley Marshal Building 790 E Market St, Suite 170 West Chester, PA 19382 (215) 563-5665 'Chester, Bucks CCCS of Delaware Valley Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215) 563-5665 'Bucks, Philadelphia CCCS of Delaware Valley One Cherry Hill, Suite 215 Cherry Hill, PA 08002 (215) 563-5665 'Philadelphia CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 (800) 837-9815 'Barks, Bucks, Carbon, Lancaster, Lehigh, Northhampton, Schuylkill CCCS of Northeastern PA 201 Basin Street, Suite 6 Williamsport, PA 17701 (570) 323-6627 'Centre, Clinton, Lycoming, Northumberland, Union CCCS of Northeastern PA 202 W Hamilton Avenue State College, PA 16801 (814) 2363668 'Blair, Centre, Clearfield, Clinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570) 602-2227 'Bradford, Carbon, Columbia, Lackawanna, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570) 420-8980 'Bradford, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square #2 Garden Center Or Greensburg, PA 15601 (888) 511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 (888) 511-2227 'Fulton, Crawford, Lancaster F " Indicates Counties Serviced CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 (888) 511-2227 'Adams, Cumberland, Dauphin, Franklin, Perry, Synder, York Chester Community Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610)876.6663 'Chester, Delaware, Montgomery, Philadelphia Diversified Community Service Dixon House 1920 South 20th Street Philadelphia, PA 19145 (215) 3363511 'Bucks, Chester, Delaware, Philadelphia Indiana Co. Community Action Prog. 827 Water Street Box 187 Indiana, PA 15701 (724) 465-2657 'Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland CCCS of Western PA 312 Chestnut Street, Suite 227 Meadville, PA 16335 (888)511-2227 'Lawrence CCCS of Western PA 41 East Chestnut Street Washington, PA 15301 (888) 511-2227 *Westmoreland CCCS of Western PA 4402 Peach Street Ede, PA 16509 (888) 511-2227 'Crawford, Erie, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888)511-2227 `Cambria CCCS of Western PA 917 A Logan Boulevard Altoona, PA 16602 (888) 511-2227 'Armstrong, Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mifflin, Union CCCS of Western PA Pullman Commerce Center 112 Hollywood Or Butler, PA 16001 (888) 511-2227 'Butler, Clarion, Jefferson, Mercer, Venango CCCS of Western PA River Park Commons 2403 Sidney Street Pittsburgh, PA 15203 (888) 511-2227 `Allegheny Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 (814) 337-8450 'Columbia, Venango Centro Pedro Clever, Inc 627 West Erie Avenue Philadelpia, PA 19140 (215) 227-7111 'Philadelphia Comm. On Eaon Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 Carbon, Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17094 (717) 232-9757 *Cumberland, Dauphin, Franklin, Perry, Synder Community Action Committee of the Lehigh Valley 1337 East Fifth Street Bethlehem, PA 18015 (610) 691-5620 'Barks, Carbon, Lehigh, Monroe, Northhampton Community Action Development Comm CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 `Montgomery Community Acton Southwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 'Monroe Community Action Southwest 58 E Greene Street Waynesburg, PA 15370 (724) 852-2893 'Allegheny, York, Fayette, Greene, Washington, Westmoreland Comm, on Econ. Opportunity of Luzeme County 163 Amber Lane WilkesBarre, PA 18702 (570) 826-0510 (800) 822-0359 `Wyoming Congreso 216 West Somerset Street Philadelphia, PA 19133 (215)763.8870 `Philadelphia Council of Spanish Speaking Organization 705-09 North Franklin St Philadelphia, PA 19123 (215) 627-3100 'Philadelphia Credit Counseling Center 832 Second Street Pike Richboro, PA 18954 (215) 3961880 'Bucks Fair Housing Partnership of Greater Pittsburgh, Intercultural Family Services Inc Inc. 4225 Chestnut Street 2840 Liberty Ave., Suite 205 Philadelphia, PA 19104 Pittsburgh, PA 15222 (215) 3861298 (412) 391-2535 `Philadelphia 'Allegheny Fayette Co. Community Action Agency Inc 137 North Beeson Avenue Uniontown, PA 15401 (724) 437-6050 'Fayette, Somerset Korean Comm. Develop. Services Center 6055 North 5th Street Philadelphia, PA 18505 (215) 2768830 `Philadelphia FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215) 549-8755 'Bucks, Chester, Delaware, Philadelphia Garfield Jubilee Associates 5138 Penn Avenue Pittsburgh, PA 15224 (412)665.5200 'Allegheny Germantown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery, Philadelphia Greater Erie Commun. Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 'Crawford, Erie, Venango, Warren HACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215) 426-8025 `Bucks, Chester, Delaware, Philadelphia Hispanic Alliance for Community Advancement 2740 North Front Street Philadelphia, PA 19133 (215) 667-8932 `Monroe Housing Assoc. of Delaware Valley 658 North Watts Street Philadelphia, PA 19123 (215) 9760224 'Philadelphia, Monroe Housing Opportunities of Beaver Co. 320 College Avenue, Unit 1 Beaver, PA 15009 (724) 7267511 'Beaver, Lawrence Housing Partnership of Chester County 41 West Lancaster Avenue Downingtown, PA 19335 (610) 518-1522 'Chester, Delaware, Montgomery Lawrence County Social Services, Inc. 241 West Grant Street P.O. Box 189 New Castle, PA 16103 (724) 6567258 `Lawrence Liberty Resources 714 Market Street, Suite 100 Philadelphia, PA 19106 (215) 6342000 `Philadelphia Loveship, Inc. 2320 North 5th Street Harrisburg, PA 1711 (717) 232-2207 `Cumberland, Dauphin, Perry Lycom-Clntn Co Comm to Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 (570) 326-0587 'Centre, Clinton, Lyooming, Union Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 `Adams, Cumberland, Franklin, Fulton, Perry Media Fellowship House 302 South Jackson Street Media, PA 19063 (610) 565-0434 `Chester, Delaware Mon Valley Unemployment Committee 1800 West St., 3rd Floor Homestead, PA 15120 (412) 462-9962 'Allegheny, Washington, Westmoreland Mt. Airy, USA 6703 Germantown Ave., Suite 200 Philadelphia, PA 19119 (215) 844-6021 'Philadelphia Nazareth Housing Services 301 Bellevue Road Pittsburgh, PA 15229 (412) 931-6996 'Allegheny F * Indicates Counties Serviced Neighborhood Housing Services of Reading 213 N 5th St., Suite 1030 Reading, PA 19601 (610) 372-8433 'Barks Neighborhood Housing Services, Inc. 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 'Allegheny New Kensignton Community Development 2515 Frankford Avenue Philadelphia, PA 19125 (215) 427-0350 'Warren The NORCAM Group 4200 Crawford Avenue Suite 200 Northern Cambria, PA 15714 (814) 948-4444 'Cambria, Clearfield Northern Tier Community Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 'Cameron, Elk, Mckean, Potter Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 (215) 324-7500 'Bucks, Chester, Delaware, Montgomery, Philadelphia Nueva Esperanze 4261 North 5th Street Philadelphia, PA 19140 (215) 324-0746 'Philadelphia Opportunity Inc. 301 East Market Street York, PA 17403 (717) 424-3645 'Montgomery The Partnership CDC 4020 Market Street, Suite 100 Philadelphia, PA 19104 (215) 662-1612 'Monroe PHFA 211 North Front Sheet Harrisburg, PA 17110 (800-) 342-2397 'Cumberland, Dauphin Philadelphia Council for Comm. Advmnt. 100 N 17th St, Suite 600 Philadelphia, PA 19103 (215) 567-7803 (800)930.4663 'Chester, Delaware, Montgomery, Philadelphia Philadelphia Senior Center 509 South Broad Street Philadelphia, PA 19147 (215) 546-5879 'Philadelphia Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 (570) 622-1995 'Barks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuylkill Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (724) 981-5310 "Crawford, Lawrence, Mercer South Philadelphia H.O.M.E.S. 1444 Point Breeze Avenue Philadelphia, PA 19146 (215) 334-4430 'Philadelphia Southwest Community Development Corp. 6368 Paschall Avenue Philadelphia, PA 19142 (215) 729-0800 'Montgomery SL Martin Center 1701 Parade Street Erie, PA 16503 (814) 452-6113 'Crawford, Erie, Venango, Warren Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445-9628 'Cambria, Fayette, Somerset, Westmoreland The Trehab Center of Northeastern PA 10 Public Avenue P.O. Box 366 Montrose, PA 18801 (570) 278-3338 (800) 982-4045 'Susquehanna The Trehab Center of Northeastern PA 115 SR 92S Tuckhannock, PA 18657 (570)836.6840 (800)982.4045 'Wyoming The Trehab Center of of Northeastern PA 1225 Main Street Honesdale, PA 18431 (570) 253-8941 (800) 982-4045 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Center of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570) 724-5252 (800) 982-4045 'Tioga The Trehab Center of Northeastern PA Gartman Street P.O. Box 389 Dushore, PA 18614 (570) 928-9667 (800) 982-4045 'Sullivan The Trehab Center of Northeastern PA The Enterprise Center 703 S. Elmer Ave., Suite M-6 Sayre, PA 18840 (570)888.0412 (800) 982-4045 'Bradford United Communities Southeast Philadelphia 2029 South 81h Street Philadelphia, PA 19148 (215) 467-8700 'Philadelphia United Neighborhood Centers of Northeastern PA 425 Alder Street Scranton, PA 18505 (570) 348-0759 -Lackawanna, Wyoming, Wayne, Luzeme Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 (215) 561-6070 'Bucks, Delaware, Philadelphia Urban League of Philadelphia 610 Wood Street Pittsburgh, PA 15229 (412) 931-6996 'Allegheny Voices for Independence 1107 Payne Avenue Ede, PA 16503 (814) 874-0064 (800)838.9890 'Erie Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren Pennsylvania Housing Finance Agency 2275 Swallow Hill Rd., Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 'Allegheny Tabor Community Services 308 E King Street, Suite 1 Lancaster, PA 17602 (717) 397-5182 (800) 788-5062 'Chester, Lancaster, Lebanon E" West Oak Lane CDC 6259 Limekiln Pike Philadelphia, PA 1914 (215) 224-0880 'Monroe V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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. UDREN ICES, 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 ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE F SHERIFF'S OFFICE OF CUMBERLAND COUNTY F{1 FD -1:-FICE Ronny R Anderson Sheriff tY THE F10THCNOTARY Q,tri' ot +',?atYiLr,r;r?Jody S Smith Chief Deputy 2010FE13 -8 Pi `: C Edward L Schorpp ??Eav Solicitor Wells Fargo Bank, NA vs. Michael T. Kothe Case Number 2010-731 SHERIFF'S RETURN OF SERVICE 02/01/2010 04:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael T. Kothe, by making known unto himself personally, at 4079 Darius Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 04, 2010 SO ANS RS, R Y R ANDERSON, SHERIFF D ty Sheriff . ct?rtySi'.r ?;;? :nff. Tgi2USiaf. Inc. 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 20 0 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 ::CIVIL DIVISION r1l Trust, ABFC Asset-Backed :Cumberland County 2 Q Certificates, Series 2006-OPT3 Plaintiff nib NO. 10-731Civil Term t Fri e'r' Michael Kothe a/k/a Michael T. - ,-- CO -v r Kothe Defendant (s) c_ 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. DATED: March 6, 2010 UDREN LAW OFFICES, P.C. BY PMPd A 0 I, AEI /1 (XA Y 1 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 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 1eld 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: 102,1,61 /0 "hz_ 144 4.M.A.. , 7.;W", - Name : Kathy Title: Assistant Secretary Company: American Home Mortgage Servicing, Inc. as servicer on behalf of Wells Fargo Bank, N.A., as Trustee for ABFC 2006- OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 Michael Kothe a/k/a Michael T. Kothe Loan #0021967112 MJU ##0805.0121-2 C, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 t7 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 err; CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER C' 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 c -;- pleadings@udren.com r? Wells Fargo Bank, N.A., as Trustee for r :COURT OF COMMON PLEAS ABFC 2006-OPT3 Trust, ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2006-OPT3 :Cumberland County P.O. Box 961730 Irving, TX 75063 :MORTGAGE FORECLOSURE Plaintiff V. Michael Kothe a/k/a Michael T. Kothe ::NO. 10-731Civil Term 4079 Darius Drive Enola, PA 17025 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: C n --ten Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Michael Kothe a/k/a Michael T. Rothe 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 Interest Per Complaint From 12/2/09 to 3/6/10 Late charges per Complaint From 12/2/09 to 3/6/10 Escrow payment per Complaint From 12/2/09 to 3/6/10 $183,145.51 2,132.75 166.11 1,336.11 TOTAL $186,778.48 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. UDREN LAW OFFICES.,. P.C. BY: Att25rneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : 318hr) PRO PROTHY 14. oo Po ATM ex* 1410(a d(o e dm-%q 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinge@udren.com Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 :CIVIL DIVISION Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 :Cumberland P.O. Box 961730 Irving, TX 75063 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe NO. ?0 - 1731 4079 Darius Drive Enola, PA 17025 Defendant(s) County _ .x.1 r a ?- v 3"m -Ier-yV' 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 _ ,.P-_r..Gl. arr?,.nc? .....?zG?. „..bte. the ... --...a,...?....... you by ,aa?.. -CVUi:?L. wltiitvuti- further notice lUr --cl:Ily money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO C(Opw /"1Phr?',/, /_ , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Wells Fargo Bank, NA Case Number vs. 2010-731 Michael T. Kothe SHERIFF'S RETURN OF SERVICE 0210112010 04:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael T. Kothe, by making known unto himself personally, at 4079 Darius Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and`at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 $O ANS RS, February 04, 2010 R gy D t? - ShLe r3.ff a , SO ? I ;?. . Y ANDERSEN, SHERIFF UDREN L&W OFFICES, P.C. MARK J• UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRA= Nt DOYLE, ESQUIRE - ID #34576 ALAN Mi. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A, SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOO)CREST ROAD, SUITE 200 CHERRY BILL, NJ 08003 856-669.5400 plead; n r,(but ren_nnm Wells ?argo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 Plaintiff V. Micha e Kothe a/k/a Michael T. Kothe Defendant(s) TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Date of Notice: February 23, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-731Civil Term 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 IMPORTANTE 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, 0 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 S I ? ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US FOR XIIAT PURPOSE. STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUUIREE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - STUART WINNEG, ESQUIRE - LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQ'{L LOUIS A. SIMONI, ESQUIRE WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 P.O. Box 961730 Irving, TX 75063 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Florida Duval S S COUNTY OF THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and reccrds 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: Michael Kothe a/k/a Michael T. Kothe Age: Over 18 Residence: As capti oned above Employment: Unknown ame : Kathy Sfnfth Sworn to and subscribed T i t l e: Company: Assistant Secretary American Home Mortgage Servicing, Inc. as servicer on behalf of Wells Fargo Bank, N.A., as Trustee for ABFC 2006- OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 ffor me his V dax W. o c ,'c ?caa.o'Fu,ada P L- pfyrr 1'!,T,; , nExp- ?s 116tary Public ( om i , o? r? d lhiUC '.. :, ID #04302 ID #45362 - ID #34576 - ID #75860 RE - ID #203437 - ID #200869 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as 'COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 :CIVIL DIVISION Trust, ABFC Asset-Backed :Cumberland County Certificates, Series 2006-OPT3 € Plaintiff :MORTGAGE FORECLOSURE V. c C? C _ o J _ _ n Michael Kothe a/k/a Michael T. ::NO. 10-731Civil Term _f" Kothe r ? ? Defendant (s) r g PRAECIPE FOR WRIT OF EXECUTION -o c7 TO THE PROTHONOTARY: o Please issue Writ of Execution in the above matter: Amount due $186,778.48 Interest From 3/7/10 , 1,975.60 to Date of Sale June 2, 2010 Ongoing Per Diem of 22.45 to actual date of sale including if sale is heA at a later date (Costs to be added) $ Aq-0o Pty AT1-1 3 l?Y• ov - .. ?? UDR NN LAW OAFF/IMAPM11 P. C. BY mhd? 1 % Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE a•oo CC) sa LL, (44& q,7 ?T a2:0547 ? ?h 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 0 o CHERRY HILL, NJ 08003-3620 : c 856-669-5400 Hi pleadings@udren.com 5' Wells Fargo Bank, N.A., as .? =COURT OF COMMON PLE ' co -+ Trustee for ABFC 2006-OPT3 :.CIVIL DIVISION V : Trust, ABFC Asset-Backed =Cumberland County Certificates Series 2006-OPT3 - ,. orn , Plaintiff :MORTGAGE FORECLOSURE cD V. Michael Kothe a/k/a Michael T. ::NO. 10-731Civil Term Kothe Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: X A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFP1 ICE , P.C. BYrtO,?4 . 116fu Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 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 WOODCREST CORPORATE CENTER n 111 WOODCREST ROAD, SUITE 200 C CHERRY HILL, NJ 08003-3620 856-669-5400 f; pleadings@udren.com ?.- Wells Fargo Bank, N.A., as :COURT OF COMMON PLES Trustee for ABFC 2006-OPT3 :CIVIL DIVISION ?' Trust, ABFC Asset-Backed 'Cumberland County Certificates, Series 2006-OPT3 Plaintiff :MORTGAGE FORECLOSURE V. Michael Kothe a/k/a Michael T. :NO. 10-731Civil Term Kothe Defendant(s) C E R T I F I C A T E N O CD o -n -? 3 -ra 00 J> =IC Cl cn -? I hereby state that as 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. UDREENLAW OFFICES, P.C. /? /? /? BY r1Y)MA 0() I ?I I UA 11 A. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE t 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 20 0 CHERRY HILL, NJ 08003-3620 C' 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEA Trustee for ABFC 2006-OPT3 :CIVIL DIVISION Trust, ABFC Asset-Backed :Cumberland County Y{- Certificates, Series 2006-OPT3 € Plaintiff :MORTGAGE FORECLOSURE V. Michael Kothe a/k/a Michael T. :NO. 10-731Civil Term Kothe Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 C= fil e CO J ? o c.n Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3, 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: 4079 Darius Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 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 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Discover Bank, By Attorney Eric M. Berman 198 Allendale Road King of Prussia, PA 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank, N.A., as P.O. Box 961730 Trustee for ABFC 2006-OPT3 Irving, TX 75063 Trust, ABFC Asset-Backed Certificates, Series 6501 Irvine Center Drive 2006-OPT3 Irvine, CA 92618-2118 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 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 4079 Darius Drive Enola, PA 17025 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. DATED: March 6, 2010 UDR ,EN LAW OFFICES, P.C. BY ? (/4 'V a /? ?l Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE l .,I Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 ':CIVIL DIVISION Trust, ABFC Asset-Backed :Cumberland County Certificates, Series 2006-OPT3 Plaintiff :MORTGAGE FORECLOSURE V. Michael Kothe a/k/a Michael T. -:NO. 10-731Civil Term Kothe Defendant(s) 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Your house (real estate) at 4079 Darius Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $186,778.48, 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 LOT OR TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY DEDICATED RIGHT-OF-WAY LINE OF DANUS DRIVE AT THE DIVIDING LIN EOF LOT #85 AND LOT #86; THENCE BY LINE OF LOT #85 AND PASSING THROUGH THE CENTER OF A PARTITION WALL SOUTH 39 DEGREES 09 MINUTES 09 SECONDS EAST 110.17 FEET TO A POINT; THENCE BY LINE OF LAND OF WHELAN CROSSING PHASE III SOUTH 53 DEGREES 03 MINUTES 08 SECONDS WEST 20.01 FEET TO A POINT AT THE DIVIDING LINE OF LOT ##87 AND LOT #86; THENCE BY LINE OF LOT #87 AND ASSIGN THROUGH THE CENTER OF A PARTITION WALL NORTH 39 DEGREES 09 MINUTES 09 SECONDS WEST 109.40 FEET TO A POINT TO THE SOUTHERN RIGHT-OF-WAY LINE OF DANUS DRIVE; THENCE BY SAID RIGHT-OF-WAY NORTH 50 DEGREES 50 MINUTES 51 SECONDS EAST 20.00 FEET TO A POINT ON THE DIVIDING LINE OF LOT #85 AND LOT ##86, THE PLACE OF BEGINNING. BEING LOT #86 ON THE FINAL SUBDIVISION PLAN FOR WHELAN CROSSING, PHASE VI, PREPARED BY ACT ONE CONSULTANTS, INC. FATED FEBRUARY 25, 1998 RECORDED IN THE OFFICE OF THE RECORDED OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA ON JULY 21, 1998, IN PLAN BOOK 77 PAGE 23. SAID PLAN RE-RECORDED IN PLAN BOOK 78, PAGE 36. BEING SUBJECT TO THE NORTHERN HALF OF A DRAINAGE EASEMENT AS SHOWN ON THE ABOVE MENTIONED SUBDIVISION PLAN. BEING KNOWN AS: 4079 Darius Drive Enola, PA 17025 PROPERTY ID NO.: 10-14-0837-100 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. KOTHE, SINGLE PERSON BY DEED FROM WHELAN ASSOCIATES, L.P., RICHARD E. YINGST, JR., SOLE GENERAL PARTNER, JANET R. YOUNG AND DAVID L. YOUNG, HUSBAND AND WIFE, KATHLEEN A. RITTNER, SINGLE WOMAN BY HER ATTORNEY-IN-FACT JANET RITTNER YOUNG, A/K/A JANET R. YOUNG, JANICE E. RITTNER, A/K/A JANICE A. RITTNER, WIDOW, INDIVIDUALLY AND AS EXECUTRIX FOR THE ESTATE OF ERNEST L. RITTNER DATED 5/24/2000 RECORDED 5/31/2000 IN DEED BOOK 222 PAGE 210. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-731 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 Plaintiff (s) From MICHAEL KOTHE A/K/A MICHAEL T. KOTHE (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 $186,778.48 L.L. $.50 Interest FROM 3/7/10 TO DATE OF SALE 6/2/10 ONGOING PER DIEM OF $22.45 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,975.60 Atty's Comm % Atty Paid $174.00 Plaintiff Paid Date: MARCH 8, 2010 (Seal) Due Prothy $2.00 Other Costs Davi D. Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICE, 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. 203437 ~ i ,T~DREI~T LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 x,, ~~~ ~ ~, r` LORRAINE DOYLE, ESQUIRE - ID #34576 ,~.)~ T~-{~ ~~1 ,"~, ,.'?'~! ~Y ALAN M. MINATO, ESQUIRE - ID #75860 r CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ~~~Q ~,~ ~ 3 ~~ J' LOUIS A. SIMONI, ESQUIRE - ID #200869 ~~ ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ~U~v'~~:,~,;.,:"k~.~;; ;;jt~~~l`t~ WOODCREST CORPORATE CENTER i~EP~;1hj;ai„~/~:,~,j(A 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC :COURT OF COMMON PLEAS 2006-OPT3 Trust, ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2006-OPTS :Cumberland County Plaintiff v. Michael Kothe a/k/a Michael T. Kothe Defendant(s) =NO. 10-731Civi1 Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney 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: April 30, 2010 UDREN TAW 4F~-~E~S , -E,~C . Y :./"_~~ ~orneys for Ply' iff MARK ~...._.UDRE'N~-...ESQUIRE STUART WINNEG, ESQUIRE"-- LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 Plaintiff v. Michael Kothe a/k/a Michael T. Kothe Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-731Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 We11s Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3, 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: 4079 Darius Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 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 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Discover Bank, By Attorney 198 Allendale Road Eric M. Berman King of Prussia, PA 19406 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPTS Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 P.O. Box 961730 Irving, TX 75063 6501 Irvine Center Drive Irvine, CA 92618-2118 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 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 4079 Darius Drive Enola, PA 17025 Wheelan Crossing P.O. Box 481, Enola, PA 17025 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. DATED: April 30, 2010 UDREN LA. W OFFICES `P . C . BY: _~~ °tc~.rneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset- Backed Certificates, Series 2006-OPTS Plaintiff v. Michael Kothe a/k/a Michael T. Kothe Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION Cumberland County PLEAS NO. 10-731 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Michael Kothe a/k/a Michael T. Kothe PROPERTY: 4079 Darius Drive, (Hampden Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 2. 2010, at 10:00 am, in the Commissioners 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 sate. You may wish to attend the safe to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 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. 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H c O n e y » c H ~_ ~ n> j y a m ~l fA N O p Q c W -' N y ~ ~ ~ m ~ _ N °_'~ my 3 $ x ~~m3 ~11n Nmv~~3 m2 ~ ~ 3 ~ m m m m n w~ mo~~o~ ;i1 N a7 y ° - m=o~m od°~m ~ ;r v tD N=~~m EX IB1T y T o~~~o SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~4~~~tiLi, 01' ~uui(,~,r~~~~ Jody S Smith Chief Deputy ~-~ Edward L Schorpp Solicitor ~>> GIcG,~;G -~~ ~~~~~,« Wells Fargo Bank, NA vs. Michael Kothe Case Number 2010-731 SHERIFF'S RETURN OF SERVICE 04/05!2010 09:00 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2100 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of f~fichaei Kothe, located at 4079 Daruis Drive, Enola, Cumberland County, Pennsylvania according to law. 04/08/2010 08:17 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 2017 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Kothe, by making known unto, Michael Kothe, personally, at, 4079 Darius Drive, Enola, Enola, Cumberland County, Pennsylvania its contents anc at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $898.92 SO ANSWERS, April 26, 2010 RON R ANDERSON, SHERIFF E)CF-~IEI~. (C;~ rO111?f j~7Uil6 S,h;P,rlfF, T~F.Ic OSCit, It?C. / ~ L^ ~ ~/7. ~ • ~ ~ ' ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICE ^ - tsr n ? ; PnrrsT V 72 10 Cfk"T 13 PM ?: 37 Richard W Stewart Solicitor t,c _,: E : Y ? F: 'i' 1SYL'r". Wells Fargo Bank, NA vs Case Number . Michael Kothe 2010-731 SHERIFF'S RETURN OF SERVICE 04/05/2010 09:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2100 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael Kothe, located at 4079 Daruis Drive, Enola, Cumberland County, Pennsylvania according to law. 04/08/2010 08:17 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 2017 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Kothe, by making known unto, Michael Kothe, personally, at, 4079 Darius Drive, Enola, Enola, Cumberland County, Pennsylvania its contents an( at the same time handing to him personally the said true and correct copy of the same. 06/02/2010 Property sale postponed to 814/2010. 07/27/2010 Property sale postponed to 10/6/2010. 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Mark J. Udren on 10/5/10 SHERIFF COST: $1,020.17 SO ANSWERS, October 12, 2010 RON R ANDERSON, SHERIFF 0.00 rig, , §D ". /411- G7f 7?GS ,aY4 (C CauntySuite ShenH, 1e1 scsc";t, hlc; I i4ARK.J. UDREN, ESQUIRE - ID #04302 OTUART WINNEG,' ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 CIVIL DIVISION Trust, ABFC Asset-Backed '-Cumberland County Certificates, Series 2006-OPT3 Plaintiff :MORTGAGE FORECLOSURE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF V. Michael Kothe a/k/a Michael T Kothe Defendant(s) NO. 10-731Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3, 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: 4079 Darius Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 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 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Discover Bank, By Attorney Eric M. Berman 198 Allendale Road King of Prussia, PA 4. Name and address bf record: Name Address Wells Fargo Bank, N.A., as P.O. Box 961730 Trustee for ABFC 2006-OPT3 Irving, TX 75063 Trust, ABFC Asset-Backed Certificates, Series 6501 Irvine Center Drive 2006-OPT3 Irvine, CA 92618-2118 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 4079 Darius Drive Enola, PA 17025 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. DATED: March 6, 2010 UDREN LAW OFFICES, P.C. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE of the last recorded holder of every mortgage y TJDREN LAW OFFICES, P.C. ATTORNEY 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 €CIVIL DIVISION Trust, ABFC Asset-Backed 'Cumberland County Certificates, Series 2006-OPT3 Plaintiff :MORTGAGE FORECLOSURE V. Michael Kothe a/k/a Michael T. €:NO. 10-731Civil Term Kothe Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Your house (real estate) at 4079 Darius Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $186,778.48, 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 AZL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY DEDICATED RIGHT-OF-WAY LINE OF DANUS DRIVE AT THE DIVIDING LIN EOF LOT #85 AND LOT #86; THENCE BY LINE OF LOT #85 AND PASSING THROUGH THE CENTER OF A PARTITION WALL SOUTH 39 DEGREES 09 MINUTES 09 SECONDS EAST 110.17 FEET TO A POINT; THENCE BY LINE OF LAND OF WHELAN CROSSING PHASE III SOUTH 53 DEGREES 03 MINUTES 08 SECONDS WEST 20.01 FEET TO A POINT AT THE DIVIDING LINE OF LOT #87 AND LOT #86; THENCE BY LINE OF LOT #87 AND ASSIGN THROUGH THE CENTER OF A PARTITION WALL NORTH 39 DEGREES 09 MINUTES 09 SECONDS WEST 109.40 FEET TO A POINT TO THE SOUTHERN RIGHT-OF-WAY LINE OF DANUS DRIVE; THENCE BY SAID RIGHT-OF-WAY NORTH 50 DEGREES 50 MINUTES 51 SECONDS EAST 20.00 FEET TO A POINT ON THE DIVIDING LINE OF LOT 485 AND LOT #86, THE PLACE OF BEGINNING. BEING LOT #86 ON THE FINAL SUBDIVISION PLAN FOR WHELAN CROSSING, PHASE VI, PREPARED BY ACT ONE CONSULTANTS, INC. FATED FEBRUARY 25, 1998 RECORDED IN THE OFFICE OF THE RECORDED OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA ON JULY 21, 1998, IN PLAN BOOK 77 PAGE 23. SAID PLAN RE-RECORDED IN PLAN BOOK 78, PAGE 36. BEING SUBJECT TO THE NORTHERN HALF OF A DRAINAGE EASEMENT AS SHOWN ON THE ABOVE MENTIONED SUBDIVISION PLAN. BEING KNOWN AS: 4079 Darius Drive Enola, PA 17025 PROPERTY ID NO.: 10-14-0837-100 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. KOTHE, SINGLE PERSON BY DEED FROM WHELAN ASSOCIATES, L.P., RICHARD E. YINGST, JR., SOLE GENERAL PARTNER, JANET R. YOUNG AND DAVID L. YOUNG, HUSBAND AND WIFE, KATHLEEN A. RITTNER, SINGLE WOMAN BY HER ATTORNEY-IN-FACT JANET RITTNER YOUNG, A/K/A JANET R. YOUNG, JANICE E. RITTNER, A/K/A JANICE A. RITTNER, WIDOW, INDIVIDUALLY AND AS EXECUTRIX FOR THE ESTATE OF ERNEST L. RITTNER DATED 5/24/2000 RECORDED 5/31/2000 IN DEED BOOK 222 PAGE 210. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 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. sa Marie Coyne, 96r SWORN TO AND SUBSCRIBED before me this 30 da of Aril 20/10 UL - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PUNIC CARLISLE BOROUGH, CUMBERLANO COUNTY My Commission Egires Apr 28, 2014 Writ No. 2010-731 Civil Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 VS. Michael Kothe a/k/a Michael T. Kothe Atty: Mark J. Udren ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southerly dedicated right-of-way line of Danus Drive at the dividing line of Lot #85 and Lot #86; thence by line of Lot #85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; thence by line of lot #87 and as- sign through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point to the southern right-of-way line of Danus Drive; thence by said right-of- way North 50 degrees 50 minutes 51 seconds too 20.00 fact to a point on the divicg ' line of Lot #85 and Lot #86, the place of BEGINNING. BEING Lot #86 on the final sub- division plan for Whelan Crossing, Phase VI, prepared by Act One Consultants, Inc. fated February 25, 1998 recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania on July 21, 1998, in Plan Book 77 Page 23. Said plan re-recorded in Plan Book 78, Page 36. BEING subject to the northern half of a drainage easement as shown on the above mentioned subdivision plan. BEING KNOWN AS: 4079 Darius Drive, Enola, PA 17025. PROPERTY ID NO.: 10-14-0837- 100. TITLE TO SAID PREMISES IS VESTED IN Michael T. Kothe, single person by deed from Whelan Associ- ates, L.P., Richard E. Yingst, Jr., sole general partner, Janet R. Young and David L. Young, husband and wife, Kathleen A. Rittner, single woman by her attorney-in-fact Janet Rittner Young, a/k/a Janet R. Young, Janice E. Rittner, a/k/a Janice A. Rittner, widow, individually and as executrix for the estate of Ernest L. Rittner dat- ed 5/24/2000 recorded 5/31/2000 in Deed Book 222 Page 210. lk?v 1 .}JtJJO'3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-731 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3 Plaintiff (s) From MICHAEL KOTHE A/K/A MICHAEL T. KOTHE (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 $186,778.48 L.L. $.50 Interest FROM 3/7/10 TO DATE OF SALE 6/2/10 ONGOING PER DIEM OF $22.45 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,975.60 Atty's Comm % Atty Paid $174.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MARCH 8, 2010 (Sea]) REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICE, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Dav Buell, Pr thonotary By: Deputy Supreme Court ID No. 203437 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered, 4079 Darius Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By:? Real Estate Coordinator r The Patriot-News Co. 2020. Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?epatriot News Now you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s) shown below: 04116110 E 04123/10 04/30/10 f Sworn to and sSbscribed before me thys't:8 day of May, 2010 A.D. Notary Public iXh n t:Mr tlft, L.! v / Lomrnry?ion c?v,,us ucv. MPrt1+ r ,_ _ 26, 201 cria 4 vatlc? a ?nta,?e Writ No. 2010-731 Civfl Term VV*lk FOW Bank, NA aslhatee forABFC 2006.OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006.OPT3 VS. Michael Kothe alWa Mk;*" T. Kothe Atty: Mark J Udren ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTMOtLY DEDICAM RIG moF-WAY IRE OF DANUS DOVE AT THE DtYIDW LIN EOF LOT #85 AND LOT #86; THENCE BY LINE OF LOT #85 AND PASSING THROUGH THE CENTER OF A PARTITION . WALL SOUTH 39 DEGREES 09 MINUTES 09 SECONDS EAST 110.17 FEET TO A POINT; THENCE BY LINE OF LAND OF WHELAN CROSSING PHASE III SOUTH 53 DEGREES 03 MINUTES 08 SECONDS WEST 20.01 FEET TO A POINT AT THE DIVIDING LINE OF LOT #87 AND LOT #86; THENCE BY LINE OF LOT #87 AND ASSIGN THROUGH THE CENTER OF A PARTITION WALL NORTH 39 DEGREES 09 MINUTES 09 SECONDS WEST 109.40 FEET TO A POINT TO THE SOUTHERN RIGHT-OF-WAY LINE OF DANUS DRIVE; THENCE BY SAID RIGHT- OF-WAY NORTH 50 DEGREES 50 MINUTES 51 SECONDS EAST 20.00 FEET TO A POINT ON THE DIVIDING LINE OF LOT #85 AND LOT #86, THE PLACE OF BEGINNING. BEINGLOT#86ONTHEFINALSUBDIVLSION PLAN FOR WHELAN CROSSING, PHASE VI, PREPARED BY ACT ONE CONSULTANTS, INC. FATED FEBRUARY 25,1998 RECORDED IN THE OFFICE OF THE RECORDED OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA ON JULY 21, 1998, IN PLAN BOOK 77 PAGE 23. SAID PLAN RE-RECORDED IN PLAN BOOK 78, PAGE 36. BEING SUBJECT TO THE NORTHERN HALF OF A DRAINAGE EASEMENT AS SHOWN ON 'THE ABOVE MENTIONED SUBDIVISION PLAN. BEING KNOWN AS: 4079 Darius Drive Enola,PA 17025 PROPERTY ID NO.: 10- 14-0837- 100 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. KOTHE, SINGLE PERSON BY DEED FROM WHELAN ASSOCIATES, L.P., RICHARD E. YINGST, JR., SOLE GENERAL PARTNER, JANET R. YOUNG AND DAVID L. YOUNG, HUSBAND AND WIFE, KATHLEEN A. RMNER, SINGLE WOMAN BY HER ATTORNEY-IN-FACT JANET RITTNER YOUNG, kUA JANET R. YOUNG, JANICE E. RITTNk: ANA JANICE A. RTITNER, WIDOW, DJVIDUALLY AND AS EXECUTRIX THE' OF ERNEST L. ATITNER 7DX 512412000 RECORDED 5/3112000INK 222 PAGE 210. U1j12EN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC ::COURT OF COMMON PLEAS 2006-OPT3 Trust, ABFC Asset-Backed E CIVIL DIVISION Certificates, Series 2006-OPT3 =Cumberland County P.O. Box 961730 Irving, TX 75063 Plaintiff )r- V. Michael Kothe a/k/a Michael T. Kothe ZQ G 4079 Darius Drive ENO. 10-731Civil Te?mom Enola, PA 17025 -?: Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: c? e :rim ft Q 4C ,A - C) 4 ; C:) . - t 7; 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: A-11-5t ?, 04Q UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset- Backed Certificates, Series 2006-OPT3 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-731 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Michael Kothe a/k/a Michael T. Kothe PROPERTY: 4079 Darius Drive, Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 7, 2011, at 10:00 am, at the Commissioners 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 than 30 days after sale. 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N 01 m 3 . = °c33m 5 n ?3t 41 L .-3. iR ?.omm m RL j c O m N Om?NOT z CD SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4a?x?o of Jody S Smith Chief Deputy r? Richard W Stewart Solicitor OFFICE OF THE S"ERIFF Wells Fargo Bank, NA Case Number vs. Michael Kothe 2010-731 SHERIFF'S RETURN OF SERVICE 06/20/2011 11:38 AM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 4079 Darius Drive, Enola, PA 17025, Cumberland County. 06/20/2011 11:38 AM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael Kothe at 4079 Darius Drive, Hampden Township, Enola, PA 17025, Cumberland County. SHERIFF COST: $898.44 SO ANSWERS, s+June 29, 2011 RON R ANDERSON, SHERIFF fizz` r ..: 3 (c CountySuite Shenfr. Te!eosoR. Inc pS?GS U > Zt - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t 4E N' ,0TH0'. i.'. ;'. Jody S Smith Chief Deputy Richard W Stewart Solicitor 4L,0,jV at ?u?rrbrr}4/to 2G'2 HAR 21 Pik 3: 4 C!A1BEPLAHD COu1j P"DinSYLYAWA Wells Fargo Bank, NA vs. Michael Kothe Case Number 2010-731 SHERIFF'S RETURN OF SERVICE 06/20/2011 11:38 AM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 4079 Darius Drive, Enola, PA 17025, Cumberland County. 06/20/2011 11:38 AM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael Kothe at 4079 Darius Drive, Hampden Township, Enola, PA 17025, Cumberland County. 09/06/2011 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriff's Sale Continued to 11/2/2011 10/28/2011 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriff's Sale Continued to 12/7/2011 12/06/2011 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriff's Sale Continued to 2/1/2012 01/30/2012 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriff's Sale Continued to 3/7/2012 03/05/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,014.94 SO ANSWERS, March 21, 2012 RON R ANDERSON, SHERIFF ?? -W pd . ('e' l Y?0 7? ,014 a"7a73c) o, -'Ov,Si.eShe- f icc. r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST'CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for :COURT OF COMMON PLEAS ABFC 2006-OPT3 Trust, ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2006-OPT3 :Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Michael Kothe a/k/a Michael T. Kothe NO. 10-731Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 4079 Darius Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 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 Hampden Township 230 S. Sproting Hill Road Mechanicsburg, PA 17055 Discover Bank, By Attorney 198 Allendale Road Eric M. Berman King of Prussia, PA 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006- OPT3 P.O. Box 961730 Irving, TX 75063 6501 Irvine Center Drive Irvine, CA 92618-2118 5. Name and address on the property: Name None of every other person who has any record lien Address 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 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants 4079 Darius Drive Enola, PA 17025 Whelan Crossing, Phase VI, PUD 4079 Darius Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my 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. DATED: June 1, 2011 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PC Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be Address UDREN LAW OFFI S, P.C. BY: Atto n y fr PlaintVf rguerite ?. ion ,,s, Esquire PA ID 204460 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111- WOObCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 :CIVIL DIVISION Trust, ABFC Asset-Backed :Cumberland County Certificates, Series 2006-OPT3 Plaintiff :MORTGAGE FORECLOSURE V. Michael Kothe a/k/a Michael T. ::NO. 10-731Civil Term Kothe Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Your house (real estate) at 4079 Darius Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 7, 2011, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $186,778.48, 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 LOT OR TRACT OF LAND SITUATE IN THE HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE SOUTHERN DEDICATED RIGHT-OF-WAY LINE OF DANUS DRIVE AT THE DIVIDING LINE OF LOT #85 AND LOT #86; THENCE BY LINE OF LOT #85 AND PASSING THROUGH THE CENTER OF A PARTITION WALL SOUTH 39 DEGREES 09 MINUTES 09 SECONDS EAST 110.17 FEET TO A POINT; THENCE BY LINE OF LAND OF WHELAN CROSSING PHASE III SOUTH 53 DEGREES 03 MINUTES 08 SECONDS WEST 20.01 FEET TO A PCINT AT THE DIVIDING LINE OF LOT #87 AND LOT #86; THENCE BY LINE OF LOT #87 AND ASSIGN THROUGH THE CENTER OF A PARTITION WALL NORTH 39 DEGREES 09 MINUTES 09 SECONDS WEST 109.40 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF DANUS DRIVE; THENCE BY SAID RIGHT-OF-WAY NORTH 50 DEGREES 50 MINUTES 51 SECONDS EAST 20.00 FEET TO A POINT ON THE DIVIDING LINE OF LOT #85 AND LOT #86, THE PLACE OF BEGINNING, BEING LOT #86 ON THE FINAL SUBDIVISION PLAN FOR WHELAN CROSSING, PHASE VI, PREPARED BY ACT ONE CONSULTANTS, INC. DATED FEBRUARY 25, 1998, RECORDED IN THE OFFICE OF THE RECORDED OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA ON JULY 21, 1998 IN PLAN BOOK 77 AND PAGE 23. SAID PLAN RE-RECORDED IN PLAN BOOK 78, PACE 36. BEING SUBJECT TO THE NORTHERN HALF OF A DRAINAGE EASEMENT AS SHOWN ON THE ABOVE MENTIONED SUBDIVISION PLAN. THE ABOVE DESCRIBED PREMISES IS ALSO SUBJECT TO CERTAIN RESTRICTIONS AND CONDITIONS AS SHOWN IN THE ABOVE MENTIONED SUBDIVISION PLAN. BEING COUNT PARCEL: BEING KNOWN AS: 4079 Darius Drive Enola, PA 17025 PROPERTY ID NO.: 10-14-0837-100 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. KOTHE, SINGLE PERSON BY DEED FROM WHELAN ASSOCIATES, L.P., RICHARD E. YINGST, JR., SOLE GENERAL PARTNER, JANET R. YOUNG AND DAVID L. YOUNG, HUSBAND AND WIFE, KATHLEEN A. RITTNER, SINGLE WOMAN, BY HER ATTORNEY-IN-FACT JANET RITTNER YOUNG, A/K/A JANET R. YOUNG, JANICE E. RITTNER, A/K/A JANICE A. RITTNER, WIDOW, INDIVIDUALLY AND AS EXECUTRIX FOR THE ESTATE OF ERNEST L. RITTNER DATED 5/24/2000 RECORDED 5/31/2000 IN DEED BOOK 222 PAGE 210. WRIT OF EYECUTICN and/o- ATTACF'4F T COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-731 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs clue WELLS FARGO BfkNK, 1\.A.. as Trustee for ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES :?006-OPTS, Plaintiff (s) From MICHAEL KOTHE a/Ic/a MICHAEL T. KOTHE (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 evied 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: $186,778.48 L.L.: Interest from 3/7/10 to 9/7/11 Ongoing per diem of $22.45 to actual date of sale including if sale is held at a later date -- $12,347.50 Arty's Comm: % Due Prothy: $2.00 Atty Paid: $1,215.67 Other Costs: Plaintiff Paid: Date: 6/6/11 David D. Ii ell, Prothonota (Seal) BY G? Deputy REQUESTING PARTY: Name: MARGUERITE L. THOMAS, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER I I I WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 204460 TRUE COPY FROM RECORD In Testimony whereof, I here unto sat my hand and the seal of said COUft at Carlisle. Pa. o This tee day of 20 iI . jzu-? ,4 ? Prothonotary On June 7, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 4079 Darius Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2011 By: U Real Estate Coordinator UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER:.. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A. , as = COURT OF COMMON PLEAS Trustee for ABFC 2006-0PT3 : CIVIL DIVISION Trust, ABFC Asset-Backed : Cumberland County Certificates, Series 2006-OPT3 P.O. Box 961730 cn� ? rn T Irving, TX 75063 : NO. 10-731Civil .Term =:t -< �rn Plaintiff p w v. c� Michael Kothe a/k/a Michael T. c ? °. '-_ Kothe Zj 4079 Darius Drive ....;; - Enola, PA 17025 Defendant (s) 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. Attorney for Plaintiff DATED: April 30 , 2 013 1 Eric Kishbaugh, Esquire PA ID 33078 08050121-2 } � So��d - jZ*ag60A