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HomeMy WebLinkAbout11-3521t MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 27572CFC-DD Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") C/O IBM LENDER BUSINESS PROCESS SERVICES, INC., AS SERVICER 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. DAVID KOGUT AND PAULA M. KOGUT 15 Run Road Carlisle, PA 17015 DEFENDANTS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GV1i `<y NO. :?- ---? 4 Ca CIVIL ACTION - MORTGAGE FORECLOSURE LE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le ban 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 a sentar 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 a visado que si usted no se defiende, la corte toma ra 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 CU atwk Vo. OA fd ca'?7 &u, 14SI10LI e gas-7 toa 9 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") C/O IBM LENDER BUSINESS PROCESS SERVICES, INC., AS SERVICER 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. DAVID KOGUT AND PAULA M. KOGUT 15 Run Road Carlisle, PA 17015 DEFENDANTS 27572CFC-BP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Fannie Mae ("Federal National Mortgage Association"), a corporation organized and existing under federal law, c/o IBM Lender Business Process Services, Inc., as Servicer, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, David Kogut and Paula M. Kogut are the mortgagors and real owners of premises 15 Run Road, Carlisle, PA 17015, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronic Registration Systems, Inc. as Nominee for First Capital Mortgage on November 27, 2007, which mortgage is recorded on December 3, 2007 in the Office of the Recorder of Deeds of Cumberland County as Instrument #200744820, secured on premises 15 Run Road, Carlisle, PA 17015 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has been assigned to Plaintiff herein by written assignment, a copy of which is attached hereto as Exhibit II. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. - 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from July 2010 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 6/1/2010 to 2/2/2011 at $33.05 per diem Accrued Escrow Attorney's Fee (5% of unpaid Principal balance) Title Information Certificate Upaid Amounts Due Suspense Total $ 172,355.78 $ 8,131.42 $ 2,639.05 $ 8,617.79 $ 450.00 $ 836.64 $ (943.20) $ 192,087.48 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs sale. If the mortgage is reinstated prior to the Sheriffs sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors, and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit III). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $192,087.48, plus per diem interest at $33.05 from February 3, 2011 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTIE , P.C. B Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff VERIFICATION Stephanie gehnsten hereby states that he/she is the F9ffldbsure SPeda Wt of IBM Lender Business Process Services, Inc., Servicing Agent for Fannie Mae ("Federal National Mortgage Association"), plaintiff herein; that he/she is duly authorized to make this Verification on behalf of Plaintiff and verifies that the statements made in the foregoing Complaint in Fannie Mae ("Federal National Mortgage Association") c/o IBM Lender Business Process Services, Inc., as Servicer v. David Kogut and Paula M. Kogut relating to the property located at 15 Run Road, Carlisle, PA 17015 are true and correct to the best of his/her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Al- BY: Stephanie Johns on Title: ForedosUte SpedaUst IBM Lender Business Process Services, Inc. Servicing Agent for Fannie Mae ("Federal National Mortgage Association") Dated: a//ql"Pel'/ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described according to survey made by Larry V. Neidlinger, Professional engineer, dated December 31, 1975, as follows: BEGINNING at a nail in the center line of Township Road T-454 at line of other property now or formerly of Robert L. Warner; thence along said property and by the center line of said Township Road North 13 degrees 50 minutes 40 seconds East 241.66 feet to nail in the center line of said road; thence by property now or formerly of Donald Black South 73 degrees 03 minutes 36 seconds East 8.00 feet to a nail in said Township Road; thence by same South 13 degrees 56 minutes 24 seconds West 66 feet to a nail in said road; thence by same South 59 degrees 25 minutes 17 seconds East 350.65 feet to a stone; thence by property now or formerly of Leverne Wickard South 52 degrees 42 minutes 59 seconds West 177.54 feet to an iron pin; thence by other property now or formerly of the Estate of Edna E. Warner North 60 degrees 45 minutes 29 seconds West 240.925 feet to a nail in the center line of Township Road T-454, the place of beginning. CONTAINING 1.163 acres more or less and being improved with a residential dwelling known as and numbered 15 Run Road, Carlisle, PA 17015 MAP PARCEL #14-06-0027-003B oHWT?L s PENNSYLVANIA PREPARED BY & WHEN RECORDED RETURN TO: LBPS 14523 SW MMLMN ARY, #200 BEAVERTON, OR 97005 ATTN Comm CUMBERLAND PARCEL No. 14-06-0027-003B POOL NO. LOAN No. (10604950 ) [LB0106) 00207L 111111I11II11 HIM1111i11ll'I ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, thatN3 " Z ELECTRaIC RBGZSTRATICK SYSZZ'Wr 1IK- AS NnXn EE FOR FIRST CAPITAL M3UGAW G2QIP, INC• , located at 1901 E VUC1RhM ST. SUITE C, DANVTILLE, IL 61834 - hereinafter re- ferred to as Assignor, for and in consideration of the sum of ONE DOLLAR (51.00) lawful money of the United States of America together with other good and valuable consideration, to it in hand paid by FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") located at 14221 EiUZhW PARLAY, SURE 2000 DALLAS, 7X 75254 hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 27th day of NOVEMBER 2007 made and executed by DAVID KOGUT AND PAULA M. KOGUT, HUSBAND AND WIFE , mortgagor, to hKIRTGWE ELEC77b2T1'C REGTSTRATICV SYSTEM, RV. AS =M= FOR FIRST CAPITAL DACE GROUP, IlVC- Mortgagee, covering premises situated in the County CUMBERLAND Commonwealth of Pennsylvania, more particularly described therein and commonly known as: TOWNSHIP OF LOWER FRANKFORD PROPERTY ADDRESS: 15 RUN ROAD, CARLISLE, PA 17015 Said mortgage was duly recorded on the 3rd day of DECEMBER 2007 in the office of the Register, Cleric of Recorder of Deeds of CUMBERLAND _ County, in Book at Page or Document No. 200744820 of the official Records of said Register, Clerk of Recorder of Deeds;together with that certain Note of even date and secured thereby in the principal amount of CM RUMMM SEV.HUI'Y-SEVAN TAOUSAM CIE 12THEM and ZC/100----- { 177,100.00 ) made and executed by mortgagor and payable to the order of the aforementioned Mortgagee. As previously recorded from to on in Book at Page at Document No. and from to on in Book at Page at Document No. and from to on in Book at Page _ at Document No. {NNRN ?I . PA. PH) J=LB 8 04 0110AI . s . 13 4 99 Page 1 of z oaa?r?_ Loan No. (10604950 ) (LB0106] TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns to i_ts and their proper use and benefit forever. IN WITNESS WHEREOF, the said MU GAM SIC PJWSTRATICN SYSTMS, n'. AS NVaW= YGR FIRST CAPITAL HIM" GWE)P, 17C. has caused these presents to be duly executed by its proper officer this 7th day of JANUARY 2011 but made effective AUGUST 1, 2010 MORMAGE ELECTR=C REGTSMTICN SYSTME, II11C. AS IVCmnm Fm FIRST CAPITAL M UGAGE MOUP, 2m. BY BY fi TIFFANY I VICE P?2 SIDENT STATE OF IDAHO COUNTY OF BONNEVILLE on JANUARY 7, 2011 before me, KRYSTAL HALL personally appeared TIFFANY BITSOI and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who execute the within instrument as VICE PRESIDENT and on behalf of 1 rsA '+ ELWTRCWC RMISTRATICM SYS7MM, ZIP.'. AS NMM? E FM =T CAPITAL ACRIGAM GROUP 1W. and acknowledged to me that the Corporation executed it. KRYSTAL MAZZ (COMMISSION EX 11-14 -11) 4--?, , s , Notary Public STATE OF DA' 0 P ------------------------------------------------------------------------------ I DO HEREBY CERTIFY THAT THE PRECISE ADDRESS OF THE ASSIGNEE RESIDENCE IS: FANNIE_MAE_j"FEDERAL -NATIONAL MORTGAGE ASSOCIATION")---------------- ------------------------------------------------------------------------------ ------------------------------------ ----------------------- ----------------- ------------------------------------------------------------------------------- _14221_DALIS PARKWAY?_SUITE 100-0--DALLAS,- TX_75254----------------- ' ? ----------------------- TIFFANY 8I 0I LBPS VICE P.?SIDENT 14523 SW MILLIKAN WAY, #200 BEAVERTON, OR 97005 ATTN P=S. 002. 00107.163 MILT 100162500055284658 MMS PHQ11iE: 1-888-679-6377 (NMRI.PA.2) C=s. 375. 0003 J=LB8040110AI.s.13499 Page 2 of 2 ALL THAT CERTAIN tract of land with the improvements thereon erected situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described according to survey made by Larry V. Neidlinger, Professional engineer, dated December 31, 1975, as follows: BEGINNING at a nail in the center line of Township Road T-454 at line of other property now or formerly of Robert L. Warner; thence along said property and by the center line of said Township Road North 13 degrees 50 minutes 40 seconds East 241.66 feet to nail in the center line of said road; thence by property now or formerly of Donald Black South 73 degrees 03 minutes 36 seconds East 8.00 feet to a nail in said Township Road; thence by same South 13 degrees 56 minutes 24 seconds West 66 feet to a nail in said road; thence by same South 59 degrees 25 minutes 17 seconds East 3 50.65 feet to a stone; thence by property now or formerly of Leverne Wickard South 52 degrees 42 minutes 59 seconds West 177.54 feet to an iron pin; thence by other property now or formerly of the Estate of Edna E. Warner North 60 degrees 45 minutes 29 seconds West 240.925 feet to a nail in the center line of Township Road T-454, the place of beginning. CONTAINING 1.163 acres more or less and being improved with a residential dwelling known as and numbered 15 Run Road, Carlisle, PA 17015 MAP PARCEL #14-06-0027-003B ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201104598 Recorded On 2/7/2011 At 1:33:22 PM * Instrument Type - ASSIGNMEN T OF MORTGAGE Invoice Number - 81802 User ID - KW * Mortgagor - KOGUT, DAVID * Mortgagee - FANNIE MAE * Customer - MARTHA VONROSENSTIEL * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA fC , RECORDER O D EDS rnso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111 IBM Lender Business Process Services, Inc. 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 DATE: 2/22/11 27572-BP TO: David Kogut and Paula M. Kogut 15 Run Road Carlisle, PA 17015 FOR PROPERTY ADDRESS: 15 Run Road Carlisle, PA 17015 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save 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. EXHIBIT The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) David Kogut and Paula M. Kogut PROPERTY ADDRESS: 15 Run Road. Carlisle. PA 17015 LOAN ACCOUNT NO: #: 10604950 ORIGINAL LENDER/SERVICER: Fannie Mae ("Federal National Mortgage Association") c/o IBM Lender Business Process Services, Inc., as Service CURRENT LENDER/SERVICER: IBM Lender Business Process Services. Inc. SERVICER FOR: Fannie Mae ("Federal National Mortgage Association") c% IBM Lender Business Process Services, Inc., as Servicer HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. -IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, -IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (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 TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days plus three (3) additional days for mailing 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 three (33) 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 33 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. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 15 Run Road, Carlisle, PA 17015 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments 7/1/2010 to 2/28/2011 @ $1,178.25 per month $9,426.00 Late Charges $ 681.64 Escrow Advancs $2,639.05 NSF Charges $ 60.00 Corporate Advance $ 95.00 Suspense ($ 943.20) TOTAL AMOUNT PAST DUE $113958.49 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,958.49 PL US ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME D UE D URING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made navable and sent to: IBM Lender Business Process Services Inc 14523 SW Millikan Way, Suite 200, Beaverton OR 97005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately 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 THREE (33) 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 costs. If you cure the default within the THIRTY THREE (33) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount 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 Sheriff's 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 8 months from the date set forth in this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: IBM Lender Business Process Services, Inc. Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005 Phone Number: 1-503-372-8142 Contact Person: LOAN RESOLUTION DEPARTMENT EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney" fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTEHR LENDING INSTITUTION TO PAY OFF THIS DEBT. •TO HAVE THIS MORTGAGE 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 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 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 171 10 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 or 800.342.2397 #27572CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. NO. 11-3521 C ' r_ DAVID KOGUT AND PAULA M. KOGUT rTirri Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: 0. .. , (XX) Enter judgment in favor of Plaintiff and against: David Kogut and Paula M. Kogut for want of an answer. (X) Assess Damages as Follows Debt $ 192,087.48 Interest from 2/3/11 to 6/4/11 At $33.05 per diem $ 4,098.2 Total $ 196,185.68 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY - _ a7 M a E. Von Rosenstiel, squire Jacqueline F. McNally, Esq ire Attorneys for Plaintiff This day of , 2011 judgment is entered in favor of the Plaintiff and against Defendant(s), David Kogut and Paula M. Kogut by default for want of an answer and damages assessed at the sum of $196,185.68 as per t abov rti n. rILI66 PX 1 _0 rot ty (K' y63 r6 A4 XeD 3K Aa 4)ces *4--, Id MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") C/O IBM LENDER BUSINESS PROCESS SERVICES, INC., AS SERVICER 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. DAVID KOGUT AND PAULA M. KOGUT 15 Run Road Carlisle, PA 17015 DEFENDANTS TO: David Kogut 15 Run Road Carlisle, PA 17015 #27572CTD - DD COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 11-3521 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. o az a E. Von Rosenstiel, quire acqueline F. McNally, Esquire Attorneys for Plaintiff Dated: May 23, 2011 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire /No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") C/O IBM LENDER BUSINESS PROCESS SERVICES, INC., AS SERVICER 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. DAVID KOGUT AND PAULA M. KOGUT 15 Run Road Carlisle, PA 17015 DEFENDANTS TO: Paula M. Kogut 15 Run Road Carlisle, PA 17015 #27572CTD - DD COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 11-3521 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Dated: May 23, 2011 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: art E. Von Rosenstie , E wire f Jacqueline F. McNally, Esquire `' Attorneys for Plaintiff #27572CFJ-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff vs. DAVID KOGUT AND PAULA M. KOGUT Defendant(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 11-3521 NON MILITARY AFFIDAVIT Fi 1100 , Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY ltaa 2 E. Von Rosenstiel, Esq i e cqueline F. McNally, Esquire torneys for Plaintiff Dated: June 04, 2011 "4!a OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David Kogut 15 Run Road Carlisle, PA17015 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PLAINTIFF David D. Buell, Prothonotary COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID KOGUT ANDPAULA'M. K(?dt-1A?'rl illlO: 11-3521 DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $196,185.68 on June 04, 2011. David D. Buell Prothonotary ? Judgment by Default ? Money Judgment Judgment in Replevin Judgment for Possession ? Judgment on Award of Arbitration ? Judgment on Court Findings If you have any q stions nce nin this notice, please call: Attorney?? Esquire at this telephone number:610-328- 2887. f J M OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Paula M. Kogut 15 Run Road Carlisle, PA 17015 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID KOGUT AND PAULA M. KOGUT NO: 11-3521 DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $196,185.68 on June 04, 2011. David D. Buell Prothonotary David D. Buell, Prothonotary ?X Judgment by Default Money Judgment ? Judgment in Replevin Judgment for Possession 11 Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney _1.? F. %know , Esquire at this telephone number: 610-328-2887. l 27572CWE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") V. DOCKET NO. 11-3521 DAVID KOGUT AND PAULA M. KOGUT ATTORNEY I.D. # 2(? Praecipe for Writ of Execution ;CO :;=m TO THE PROTHONOTARY: r , c?= ? ca Issue Writ of Execution in the above matter: te , AMOUNT DUE $ 196 188 `'? INTEREST from 6/7/2011 to 12/7/2011 , At 6 % $ 5934.00 TOTAL* $ 202,119.68 *Plus costs to be endorsed Respectfully Submitted, PREM: 15 Run Road, Carlisle, PA 17015 MARTHA E. VON ROSENSTIEL, P.C. BY• a E. Von Rosenstiel, E uire acqueline F. McNally, Esquire ttorneys for Plaintiff szy o 6 P J- 44Y R?30 ?2 06 ?6sa s 8 *?.Dd s ?y, o a f z so Pd- -4, ??eCv & Z. do 51, 's f3a ? a OO Q z U wW O? ? U O N M zz z zz ,..a O W U Qo ¢ W Q w? H 0 a z H C O . ?r V ?o O ? w cri o a. ? C? C? ?r a 00 O 00 ?C? 00 M Il ul N O? O 6,4 6f3 6o3 o W o Q c}?' a) O 0 ? c Q N Itt M ?,o N M N O O N ?z W ? 00 Ri ? O O O M U Oll U -- CWE27572-DN Commonwealth Of Pennsylvania COUNTY OF CUMBERLAND FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") C/O IBM LENDER BUSINESS PROCESS SERVICES, INC., AS SERVICER 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 v COURT OF COMMON PLEAS DOCKET NO. 11-35 ATTORNEY 1. D. #% ( 1 f DAVID KOGUT AND PAULA M. KOGUT 15 Run Road Carlisle, PA 17015 Writ Of Execution (Mortgage Foreclosure) TO THE SHERIFF OF CUMBERLAND COUNTY To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: 15 Run Road, Carlisle, PA 17015 (see attached Exhibit I) AMOUNT DUE $ 196,185.68 INTEREST FROM 6/7/2011 to 12/7/2011 at 6 % $ 5934.00 TOTAL* $ 202,119.68 *Plus costs to be endorsed David D. Buell, Prothonotary By: Deputy O U d ?z ao ? W -' ww Qo >z ? ? d ? U r-• OEM ¢ W W Q r. O Z d0 w ? d Q c 0 `° ° o O ? oo M U 6o4 1-4 O 4Goq w w CF.i ? c?C o? 0 ? d E V) Lr) y o N ^?' a?. v 5 C4 I? 4- O i, cd C O ?r M N ?,o M N M O o z N ,o ?z a? W az.? ?I U d ?00 r+ 00 N cC$ y u Q N M v O o #27572-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID KOGUT AND PAULA M. KOGUT : NO: 11-3521 Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described according to survey made by Larry V. Neidlinger, Professional engineer, dated December 31, 1975, as follows: BEGINNING at a nail in the center line of Township Road T-454 at line of other property now or formerly of Robert L. Warner; thence along said property and by the center line of said Township Road North 13 degrees 50 minutes 40 seconds East 241.66 feet to nail in the center line of said road; thence by property now or formerly of Donald Black South 73 degrees 03 minutes 36 seconds East 8.00 feet to a nail in said Township Road; thence by same South 13 degrees 56 minutes 24 seconds West 66 feet to a nail in said road; thence by same South 59 degrees 25 minutes 17 seconds East 350.65 feet to a stone; thence by property now or formerly of Leverne Wickard South 52 degrees 42 minutes 59 seconds West 177.54 feet to an iron pin; thence by other property now or formerly of the Estate of Edna E. Warner North 60 degrees 45 minutes 29 seconds West 240.925 feet to a nail in the center line of Township Road T-454, the place of beginning. CONTAINING 1.163 acres more or less and being improved with a residential dwelling known as and numbered 15 Run Road, Carlisle, PA 17015 MAP PARCEL 414-06-0027-003B IMPROVEMENTS: Residential dwelling Tax Parcel # 14-06-0027-003B TITLE TO SAID PREMISES IS VESTED IN David Kogut and Paula M. Kogut, husband and wife, as tenants by the entirety by Deed from Mary E. Warner, widow, dated 11/27/2007 and recorded 12/3/2007, Instrument ID #200744819. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff vs. DAVID KOGUT AND PAULA M. KOGUT Defendant(s) #27572CAM - DN C-) C= r. E2 ' -? 3 rn CO XM c- --n COURT OF COMMON PLEAS r- cn r -raQr-1 CUMBERLAND COUNTY -< i m ? NO: 11-3521 '- AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Jacq?lNne F. McNaNy ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 15 Run Road, Carlisle, PA 17015: 1. Name and address of owners(s) or reputed owner(s) David Kogut 15 Run Road Carlisle, PA 17015 Paula M. Kogut 15 Run Road Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: David Kogut 15 Run Road Carlisle, PA 17015 Paula M. Kogut 15 Run Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: GE Money Bank 4125 Windward Plaza Drive Alpharetta, GA 30005 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 15 Run Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B a a a E. Von Rosenstiel, Es re Jacqueline F. McNally, Esquire Attorneys for Plaintiff Dated: June 03, 2011 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire /No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DAVID KOGUT AND PAULA M. KOGUT No: 11-3521 Defendant(s) CERTIFICATE TO THE SHERIFF #27572-CWE-DN rn CO 1-11 ?;;o ? rn CD . UD r7 I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA - Tenant Occupied or Vacant 0 Commercial As a result of a Complaint in Assumpsit XX That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement given herein. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY• .?Jw a a E. Von Rosenstiel, quire acqueline F. McNally, Esquire Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff Fannie Mae ("Federal National Mortgage Association") c/o IBM Lender Business Process Services, Inc., as : Servicer 14523 SW Millikan Way, Suite 200 Beaverton OR 97005 Plaintiff vs. David Kogut and Paula M. Kogut 15 Run Road Carlisle, PA 17015 Defendants COURT OF COMMON PLEAS CD C CUMBERLANDCOUNTY c ti ° .. M rT W r?1 m =; - --JM r No:ll-3521 `0 ° C.) r> AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE F*MdWy , attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: David Kogut 15 Run Road Carlisle, PA 17015 Paula M. Kogut 15 Run Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B M a E. Von Rosenstiel, Es ire YJacqueline F. McNally, Esquire Attorneys s for Plaintiff 27572CAM-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire/ No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff vs. DAVID KOGUT AND PAULA M. KOGUT Defendant(s COURT OF COMMON PLEAS fns c 'r= v m CUMBERLAND COUNTY a !Z -C: 7s No: 11-3521 :0 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 15 Run Road Carlisle, PA 17015 will be sold by the Sheriff of Cumberland County on Date of Sale: December 07, 2011 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 11-3521 in the Court of Common Pleas of Cumberland County by Fannie Mae ("Federal National Mortgage Association"), Plaintiff against David Kogut and Paula M. Kogut, Defendant(s). Judgment was entered on June 06, 2011 in the amount of $196,185.68. The property was seized and taken in execution as the property of David Kogut and Paula M. Kogut. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract of land with the improvements thereon erected situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described according to survey made by Larry V. Neidlinger, Professional engineer, dated December 31, 1975, as follows: BEGINNING at a nail in the center line of Township Road T-454 at line of other property now or formerly of Robert L. Warner; thence along said property and by the center line of said Township Road North 13 degrees 50 minutes 40 seconds East 241.66 feet to nail in the center line of said road; thence by property now or formerly of Donald Black South 73 degrees 03 minutes 36 seconds East 8.00 feet to a nail in said Township Road; thence by same South 13 degrees 56 minutes 24 seconds West 66 feet to a nail in said road; thence by same South 59 degrees 25 minutes 17 seconds East 350.65 feet to a stone; thence by property now or formerly of Leverne Wickard South 52 degrees 42 minutes 59 seconds West 177.54 feet to an iron pin; thence by other property now or formerly of the Estate of Edna E. Warner North 60 degrees 45 minutes 29 seconds West 240.925 feet to a nail in the center line of Township Road T-454, the place of beginning. CONTAINING 1.163 acres more or less and being improved with a residential dwelling known as and numbered 15 Run Road, Carlisle, PA 17015 MAP PARCEL #14-06-0027-003B IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 11-3521. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-3521 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FANNIE MAE("FEDERAL NATIONAL Mortgage Association") Plaintiff (s) From David Kogut and Paula M. Kogut (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$196,185.68 L.L. $.50 Interest FROM 6/7/2011 TO 12/7/2011 AT 6% - $5934.00 Atty's Comm % Due Prothy $2.00 Atty Paid $182.50 Other Costs Plaintiff Paid Date: June 9, 2011 (Seal) REQUESTING PARTY: -?a ?- David D. Buell, Prothonotary DeputyName JACQUELINE F. MCNALLY, ESQ. Address: MARTHA E. VON ROSENSTIEL, P.C., 649 SOUTH AVENUE, SUITE 7, SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 201332 1k MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff #27572CAM - DN C;= CY _ zrrI c rn (J)r- rn C© U! D CD COURT OF COMMON PLEASx'C s °`T CUMBERLAND COUNTY >C: rv vs. DAVID KOGUT AND PAULA M. KOGUT Defendant(s) NO: 11-3521 AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Jecqustino F. McNaN ( ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on (o Mq - , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B v ItmMa a E. Von Rosenstiel Esquire queline F. McNally, Esquire e Attorneys for Plaintiff yNal4oWl .= ? For Accountable Mal O C° CO v 0) C n ? w r m a Z G O C CL 0) a 0 CL 0 W 3 ' % -4 D CD O y Z CL ° t N 2 3 U CD 0 CD N cnrnD3 ? ?:9 z-i m >4h, W ? n?O n m -vo - VDW? 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CD - MN 6,0 m CD CD a ` m to CD CD C/i ° -• m c =r (D CL CL 0 c?X ° m3 p (Dg c - =4 n c c (D O = 2 3 3 5. COD m <D w (D (p .. ? n;. v-wC .. X O y ?? =r M m 7 O C C E G Gt0 1 s? m:3 ? @ ^ to < ' C `• G ?D -0 C fD O N ,0.. C N = < N c a .N•. 01 7 (p ' N a 0 41 7 :3 5.0 CL (D N c 3 C ? C N 7 3 D ? 0 w CD C CD D 0 m 0 fD N D ? ? N N N fn N 0 2 N O a ... Q nm C) O Tf ?' i C1a 05,3 CD CD 0 a = C j 7 N ? -n -0 6 . N@CDCL (D .Q FD^ O 0 N O O C - CD U) CD 0 U = O Q CD 2 N" Q - O O W CD `. OL 3 U,- 3 . r- N Q (D c d U, = z CD C) CD CD 3 CD CD p X - w T CU ffl fD CT N (D O N O AFFIDAVIT OF SERVICE PLAINTIFF: Fannie Mae ("Federal National Mortgage Association") DEFENDANT David Kogut and Paula M. Kogut SERVE UPON: David Kogut 15 Run Road Carlisle, PA 17015 SPECIAL INSTRUCTIONS: please serve defendant personally Sheriffs Sale Date:121712011 or adult in charge of premises SERVED Served and made known to DAVID ko (rUT Defendant, on the alobdav of ow: 27572-DN 20fI , at in the manner Defendant personally served. Adult family member with whom Defendant resides. Manager/Clerk of place of lodging in which Defendant resides Relationship is. W I E Adult in charge of Defendant's residence who . Agent or person in charge of Defendant's office or usual place of business refused to give name/relationship. . Other Description: Age -S-62 } Height Weight Race (V Sex-_F Other I, I-L a competent adult, being duly sworn according to law, depose and state that I personally handed to IALA d 6UT a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscn ed before me this day n --- --• -- - of _ ,,Pv;I,LR! fit' CU€ZTY Notary; By: 11101,111IRY PUBLIC NOTSF.RVI S1'A7`E; ?)r 144 ,I Eit*£Y On the _ da , 20_, at o'clock ?. M., Defendant NOT F Ulw&Q`. 2013 Moved Unknown No Answer Vacant COURT OF COMMON PLEAS Cumberland COUNTY COURT NO, 11-3521 Olt— THE Ok'O 2011 JUL 22 IT 2: 2t UMBERLA?C CCU PE1qNS Y'LVA ijqIA TYPE OF ACTION XX WRIT OF EXECUTION and Notice of Sheriff's Sale Time of Attempt: Result: -- - Date of Attempt: T 1 i before me this of _ day 200 Notary- By: ATTORNEY Martha E. Von Rosenstiel, P.G. 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 4 t PLAINTIFF: Fannie Mae ("Federal National Mortgage Association") DEFENDANT David Kogut and Paula M. Kogut AFFIDAVIT OF SERVICE 27572-DN COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 11-3521 SERVE UPON: FILED-OFFICE vii THE PRDTNOh(OTA 2011 JUL 22 PM 2: 28 CUMBERLAND COUNT"T, PENNSYLVANIA Paula M. Kogut TYPE OF ACTION 15 Run Road Carlisle, PA 17015 XX WRIT OF EXECUTION and Notice of Sheriff's Sale SPECIAL INSTRUCTIONS: please serve defendant personally Sheriffs Sale Date: 12/712011 or adult in charge of premises SERVED ^^ Served and made known to PAJAJ Defendant, on the 92."'Oda of 71wAJE_ 20 , at 4-.5p o'clock, j?. M., at ( R?at O 1}AAISLE Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant resides. Manager/Clerk of place of lodging in which Defendant resides. Relationship is Adult in charge of Defendant's residence who Agent or person in charge of Defendant's office or usual place of business. refused to give name/relationship. I Other Description: Age._}Q? Height -5C Weight IRS Race vi Sex Other I, 1`? Jl/C.A A40 a competent adult, being duly sworn according to law, depose and state that I personally handed to P L-A KD LIT a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this __XL NA day N1 E? . t of ZfL C 201L. tC1L. R !_1 Cti:RTY By: .JO?AN,Y PUti' Notary: . U-LA . - LIC NOT SERV_ SiA1E')hl1q'r' i SLY MY CU?>r[wtISSlCrv ? sh:'S P1R:?CN ? ?,13 On the da o 20____, at o'clock - M., Defendant NOT u e ---. - --•- -- Moved Unknown _ No Answer Vacant ATTORNEY Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 before me this day of 200_. Notary: By: