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HomeMy WebLinkAbout12-0707F PHELAN HALLINAN & SCHIWEG, LLP Robert W. Cusick, Esq., Id. No.80193 OF F ICIE 1617 JFK Boulevard, Suite 1400 Fit E?Q ?N??jOTA? One Penn Center Plaza u,?PA ?R ATTORNEY FOR PLAINTIFF • 2Philadel 63P ia, A 19103 20t1FEB 7LP BANK OF AMERICA, N.A. SUCCESSOR MERGER TO BAC HOME LOANS SERVIC COURT OF COMMON PLEAS 7105 CORPORATE DRIVE PLANO, TX 75024 CIVIL DIVISION Plaintiff v. ROSE M. KAUFFMAN 24 ESSEX ROAD CAMP HILL, PA 17011-6625 Defendant TERM NO. abj a .-)6'7 otv--, CUMBERLAND COUNTY CIVEL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 254994 a ?os7 s?I CK-+? nsssob 25w-')7o (0 q? f NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 254994 1. Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ROSE M. KAUFFMAN 24 ESSEX ROAD CAMP HILL, PA 17011-6625 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/26/1997 ROSE M. KAUFFMAN and ELMER M. KAUFFMAN made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA STATE BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1420, Page 168. By Assignment of Mortgage recorded 12/20/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument number 201037639. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 254994 6. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $48,636.51 Interest $4,807.87 04/01/2010 through 08/12/2011 Late Charges $61.41 Property Inspections $167.00 Property Preservation $36.00 Escrow Deficit $3,884.29 TOTAL $57,593.08 7. 8. 9. 10. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. ELMER KAUFFMAN A/K/A ELMER S. KAUFFMAN was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of ELMER KAUFFMAN A/K/A ELMER S. KAUFFMAN's death on or about 03/22/2010, his ownership interest was automatically vested in the surviving tenant by the entirety. Plaintiff hereby releases ELMER KAUFFMAN A/K/A ELMER S. KAUFFMAN, from liability for the debt secured by the mortgage. File #: 254994 I WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $57,593.08, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. AN & SCHNHEG, LLP By: RobbrLA Cusick, Esquire Attorney for Plaintiff File #: 254994 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with improvements erected thereon situated in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the easterly line of Essex Road which point is eighty (80) feet north of the northeasterly corner of Cumberland Road and Essex Road North twenty-four (24) degrees fifteen (15) minutes thirty (30) seconds West sixty (60) feet to a point; thence North sixty-five (65) degrees forty-four (44) minutes thirty (30) seconds East one hundred and twenty (120) feet to a point; thence South twenty-four (24) degrees, fifteen (15) minutes thirty (30) seconds East sixty (60) feet to a point; thence South sixty-five (65) degrees forty-four (44) minutes thirty (30) seconds West one hundred and twenty (120) feet to a point, the place of BEGINNING. Being premises known as 24 Essex Road. Being the same premises which John L. Bollinger and Mary Bollinger, his wife, by their deed dated October 15th, 1958 and recorded October 20, 1958 in the Cumberland County Office of the Recorder of Deeds, in and for the County of Cumberland, Carlisle, Pennsylvania in Deed Book T, Volume 18, page 41, granted and conveyed unto George S. Over and Betty Over, his wife. PROPERTY ADDRESS: 24 ESSEX ROAD, CAMP HILL, PA 17011-6625 PARCEL # 13-23-0555-034 File #: 254994 , ? r VERIFICATION hereby states that he/Ns "A vice Pres,ck4 of BANK OF AMERICA, N.A., Plaintiff in this matter, that he he 's authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his hre information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: `^ ?)-? 2S File#: 254994 Name: KAUFFMAN J QtL4 4 !?I? 0? Name:L 06'-, L-ywv 0. Title:A 5.5; v`k 5+ t1 BANK OF AMERICA, N.A. File #: 254994 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ..,1 ` THC P')OTHON 11.ta , 20 l2 FEB 23 AN 8:41 CUMBERLAND COUNTY Orr1 : -Ep«r pENNS`tLVANIA Bank of America, NA vs. Rose M. Kauffman Case Number 2012-707 SHERIFF'S RETURN OF SERVICE 02/09/2012 01:12 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Rose M. Kauffman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Rose M. Kauffman. Request for service at 24 Essex Road, Camp Hill, Pennsylvania 17011 is vacant. 02/09/2012 04:58 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2012 at 1658 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rose M. Kauffman, by making known unto herself personally, at 65 Pine Hill Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $94.00 February 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP , Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.31059YLI. ?? `- ` 1617 JFK Boulevard, Suite 1400 n r- One Penn Center Plazas E !q; l Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. ROSE M. KAUFFMAN : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-707-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROSE M. KAUFFMAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint TOTAL $57,593.08 $57,593.08 I hereby certify that (1) the Defendant's last known addresses are 24 ESSEX ROAD, CAMP HILL, PA 17011-6625 and 65 PINE HILL RD, ENOLA, PA 17025-1804, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date tt ew B shwood, Esquire Atto or Plaintiff MW ?1U, DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS 4 254994 PROTHONOTARY 254994 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. ROSE M. KAUFFMAN : CIVIL DIVISION : No. 12-707-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROSE M. KAUFFMAN is over 18 years of age and resides at 24 ESSEX ROAD, CAMP HILL, PA 17011-6625 and 65 PINE HILL RD, ENOLA, PA 17025- 1804. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date att w shwood, Esquire Attfor Plaintiff 254994 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. ROSE M. KAUFFMAN CIVIL DIVISION : No. 12-707-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY** 254994 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. ROSE M. KAUFFMAN Defendant TO: ROSE M. KAUFFMAN 24 ESSEX ROAD CAMP HILL, PA 17011-6625 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISON NO. 12-707-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6I95 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Ivlatth B Z;o od, Esquire e Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 254994 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP V. ROSE M. KAUFFMAN TO: ROSE M. KAUFFMAN 65 PINE HILL RD Plaintiff Defendant ENOLA, PA 17025-18 4 DATE OF NOTICE:' COURT OF COMMON PLEAS CIVIL DIVISON NO. 12-707-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM TIIF. 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. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Mitt 'ew rushwood, Esquire Attar for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 254994 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-707 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP. Plaintiff (s) From ROSE M. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $57,593.08 L.L.: $.50 Interest FROM 6/5/2012 TO DATE OF SALE ($9.47 PER DIEM) - $1,742.48 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $245.25 Other Costs: Plaintiff Paid: Date: 8/15/2012 •~ _ 1 "'1 David D. B ell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)' P.R.C.P.3180-3183 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. ROSE M. KAUFFMAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/05/2012 to Date of Sale ($9.47 per diem) TOTAL COURT OF COMM CIVIL DIVISION N0.:12-707-CIVII. CUMBERLAND $57,593.08 1 742.48 $59,335.56 PLEAS c"s ~., ;r;, -~ ~ r r` ~ ~ 7~ r~ u'i ~ ~ ~ c~-n -6'7 7 ~ ~~ ~~ ~~- 7r' ~. y --C -~' Pl~yi"an~llinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 254994 Q~ ~ °'?$ . Sb ~~ ~j y, o0 ~63.75u`' ~< <~ a s v a~ ~~, ~S~ ~6. Sou- ~,~,r~~al.ra ~ ~ ~Vi~i cF f~4 a a U a w 0 U O H a w a w w ~ o~ d~'~ v~ a~ v a v Oa ~ ~~ z o~ ~ ~ 0 ~~ W~ o,.~ ~ ~~ VW Oa ~~ ~i v try > ^_ W ~ ~~ Q ~ ~ °a 0 U w~ w ~ O c [-~ u W 0 ~ w~ ~~ U ~. -o ~ ~, ~ w~o a ~ ~ a -~ .~ ~~¢ 3 x a ~w¢ w~..a ~v O ,~,; z rs: w W «~ 00 0 M w ° az ab ~° ~W u ~ ~ ~ '~ o.~ ~~~. ~° w LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with improvements erected thereon situated in the Townsh~p of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the easterly line of Essex Road which point is eighty (80) feet north of the northeasterly corner of Cumberland Road and Essex Road North twenty-four (24) degrees fifteen (15) minutes thirty (30) seconds West sixty (60) feet to a point; thence North sixty-five (65) degrees forty-fc (44) minutes thirty (30) seconds East one hundred and twenty (120) feet to a point; thence South twent; (24) degrees, fifteen (15) minutes thirty (30) seconds East sixty (60) feet to a point; thence South sixty- (65)degrees forty-four (44) minutes thirty (30) seconds West one hundred and twenty (120) feet to a p~ the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Elmer Kauffman and Rosc M. Kauffman, h/w, by from Betty Over, widow, dated 11/26/1997, recorded 12/03/1997 in Book 168, Page 1003. By virtue of the death of Elmer Kauffman on 3/22/10 Defendant Rose M. Kauffman became owner of the mortgaged premises as surviving tenant by the entireties. PREMISES BEING: 24 ESSEX ROAD, CAMP HIIJL, PA 17011-6625 PARCEL NO. 13-23-0555-034 PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 + ~ i ~.l= Q ` 0 ~ F~ ~~; One Penn Center Plaza ~~~ ~ ~7~ ~~OTNpP~OTA~`t` Philadelphia, PA 19103 20I Z AUG (5 AM ! I ~ 01 215-563-7000 ~UM~£'RLAN~ C TY BANK OF AMERICA, N.A. SUCCESSOR BY M~YC+p~~ COURT OF COMl1 HOME LOANS SERVICING, LP . Plaintiff CIVIL DIVISION v, N0.:12-707-CIVIL ROSE M. KAUFFMAN . Defendant(s) CUMBERLAND Ci CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn ~ authorities. By: P a nan & Schmieg, LLP o ichael Kolesnik, Esq., Id. No.308877 ornev for Plaintiff 13 PLEAS to ~ BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP Plaintiff = ~._~D--Oi' ~' Il:~. CIVIL DIVISION ~,,~: ~ a R~ PROT~ONflTA~'l ', v. N0.:12-707-CIVIL ', 2012 AUG l 5 AM I I~ U I I ROSE M. KAUFFMAN ~UMQERLANO COUNTY • Defendant(s) PENN$YL.V~-N1A CUMBERLAND COUNT PHS # 254994 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the abov action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the re I property located at 24 ESSEX ROAD, CAMP HILL, PA 17011-6625. I. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROSE M. KAUFFMAN 65 PINE HILL RD ENOLA, PA 17025-1804 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may a affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate} TENANT/OCCUPANT 24 ESSEX ROAD CAMP HILL, PA 17011-6625 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 10(10 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and understand that false statements herein are made subject to the penalties of 18 P~.A. § 4904 relating to unsworn falsification to aut Date: 2. BY~ (n~llinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff ~ ~ BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON FLEAS BAC HOME LOANS SERVICING, LP . CIVIL DIVISION I Plaintiff I i N0.:12-707-CIVIL ~ vs. . ROSE M. KAUFFMAN CUMBERLAND COUN Y Defendant(s) f, ..~, .... raw ~ --~ ("Y'~~.... NOTICE OF SHERIFF'S SALE OF REAL PROPERTY z ~~-, z ~ .,r ,. u ©o v cn TO: ROSE M. KAUFFMAN ~© ~° s~ 65 PINE HILL RD A n ~ ~ ENOLA, PA 17025-1804 ~ ~ -= ~~~ --~ -c :~, **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 24 ESSEX ROAD, CAMP HILL, PA 17011-6625 is scheduled to be sold at the Sherii~s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanove Street, Carlisle, PA 17013 to enforce the court judgment of $57,593.08 obtained by BANK OF AMERICA, N SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against y u. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. ule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 zl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 ~ou will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 ~ut the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate cdmpazed 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 ut if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope 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 heriff 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 shaze of the money which was paid for your house. A proposed schedule f distribution of the money bid for your house will be prepazed by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immed ately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-707-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROSE M. KAUFFMAN owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 24 ESSEX ROAD, CAMP HILL. PA 17011-6625 Parcel No. 13-23-0555-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $57,593.08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with improvements erected thereon situated in the Township Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the easterly line of Essex Road which point is eighty (80) feet north of the northeasterly corner of Cumberland Road and Essex Road North twenty-four (24) degrees fifteen (15) minutes thirty (30) seconds West sixty (60) feet to a point; thence North sixty-five (65) degrees forty-four (44) minutes thirty (30) seconds East one hundred and twenty (120) feet to a point; thence South twenty-fog (24) degrees, fifteen (15) minutes thirty (30) seconds East sixty (60) feet to a point; thence South sixty-five (65) degrees forty-four (44) minutes thirty (30) seconds West one hundred and twenty (120) feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Elmer Kauffman and Rose M. Kauffman, h/w, by Deed from Betty Over, widow, dated 11/26/1997, recorded 12/03/1997 in Book 168, Page 1003. By virtue of the death of Elmer Kauffman on 3/22/10 Defendant Rose M. Kauffman became sole owner of the mortgaged premises as surviving tenant by the entireties. PREMISES BEING: 24 ESSEX ROAD, CAMP HII.L, PA 17011-6625 PARCEL NO. 13-23-0555-034 _. _. ,. -, i,,~ .~ Phelan Hallinan & Schmieg, L~,>l~= ~~ ~ " ~ ~ ~ ~~~ ~~ Attorney For Plaintiff 1617 JFK Boulevard, Suite 144 _~ r ~ '~ '~ ~ % (~ 1, , ~ . One Penn Center Plaza ~ r , ! ~ ~` 1" ~,1`, ` d 1 ~A~ Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff Court of Common Pleas Civil Division CL~MBERLANI) County vs ROSE M. ItAUFFMAN Defendant TO THE PROTHONOTARY: No. 12-707-CIVIL PRAECIPE ^ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ^ Please mark the above referenced case Settled, Discontinued and Ended. ^ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ® Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ^ Please Vacate the Judgment entered.. r ~ i~ Date ~ PHELl~N HALM & SCHMIEG, LLP ~- ~ ~~ ~" Allison~F. ls, Esq., Id. No.309519 Atto ney for Plaintiff PHS # 254994 Phelan Hallinan & Schmieg, LLP 1617.1FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff Civil Division v. CUMBERLAND County ROSE M. KAUFFMAN No. 12.-707-CIVIL Defendant CERTIFICATION OF SERVICE 1 hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was ser~~ed by regular mail to the person(s) on the date listed below: ROSE M. KAUFFMAN 4191 GETTYSBURG ROAD LOT 23 CAMP HILL, PA 17011-6703 Date: ~~.~-- & SCHMIEG, LLP Allison F. s, Es~~., Id. No.309519 Attorney for ]Plaintiff PHS ~# 254994