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HomeMy WebLinkAbout13-6849 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 SALVATORE CAROLLO, ESQUIRE - ID #311050 HARRY B. REESE, ESQUIRE - ID #310501 ELIZABETH L. WASSALL, ESQUIRE - ID #77788 ~s JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 �r , NICOLE B. LABLETTA, ESQUIRE - ID #202194 DAVID NEEREN, ESQUIRE - ID #204252fy JORDAN DAVID, ESQUIRE - ID #311968 - < . AMANDA RAVER, ESQUIRE - ID #307028 ,, C 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, Asset - Backed CIVIL DIVISION Funding Corporation Asset - Backed CUMBERLAND County Certificates, Series 2006 -OPT3 C/O Ocwen Loan Servicing, LLC ( V 1661 Worthington Road NO. Suite 100 West Palm Beach, FL 33409 Plaintiff V. MICHAEL KOTHE AJUA MICHAEL T. KOTHE 4079 DARIUS DR 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 othe claim or relief requested by the Plaintiff. You may lose money or property or other rights 2 4i a9 .9?s--? 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades a otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. 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 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiffs favor: Assignor: Option One Mortgage Corporation Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2006 -OPT3 Trust, ABFC Asset - Backed Certificates, Series 2006 -OPT3 Date of Assignment: 05/16/2008 Recorded Date: 05/22/2008 Book/Instrument #: Instrument# 200816888 Page: n/a 2. Upon information and belief Defendant(s) and /or their predecessor: Michael Kothe a/k/a Michael T. Kothe (hereinafter "Defendants "), are the owners of property located at 4079 Darius Drive, Enola, PA 17025-1474, by virtue of Deed dated 05/24/2000 and recorded 05/31/2000 in Official Records Book 222 at Page 210 of the Public Records of Cumberland County, Pennsylvania (hereinafter the 'Property "). 3. On 07/24/2006 , Defendant(s) and /or their predecessor: MICHAEL KOTHE A/K/A MICHAEL T. KOTHE promised to pay to the order of Option One Mortgage Corporation, a California Corporation , the principal sum of $156,750.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 07/24/2006, Defendant(s) and /or their predecessor: MICHAEL KOTHE A/K/A MICHAEL T. KOTHE to secure the Note, mortgaged to Option One Mortgage Corporation, a California Corporation, the Property which is the subject of this action. The Mortgage was recorded on 08/10/2006 in Official Records Book 1962 at Page 0032 . Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 06/01/2013, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused 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. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $205,571.55 Accumulated Interest $1,537.31 Accumulated Late Charges $121.89 Escrow Deficit /(Reserve) $645.10 Property Valuation Fee -BPO $292.00 Property Inspection Fee $31.50 Title Fee $300.00 Attorney Fees $1,650.00 Grand Total $210,149.35 The above figures are calculated as of 9/16/2013: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 2.00000 %. The per diem interest accruing on this debt is $11.3500 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $40.63. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and /or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A ". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $ 210,149.35 plus ongoing interest, costs and attorney's fees and for sale of the Mortgaged premises. UDR LAW OFFICES, P.C. BY: VERIFICATION - 1 Nicole LaBlefla, Es q uire Contract Management PAID 202194 I am Dominique $Ciullo , Coordinator of Ocwen Loan Servicing, LLC ( "Ocwen ") the servicing agent (or servicer) for Wells Fargo Bank, N.A., as Trustee for ABFC 2006 -OPT3 Trust, Asset - Backed Funding Corporation Asset - Backed Certificates, Series 2006 -OPT3 ( "Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and /or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff s behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servants reliance upon a written statement or instrument, which I do not believe to be true or which I know to be false V 0 , 1 V 2_ ( � Date: - T7 Name: Dornin' sciullo Title: Contract Management Coordinator Company: Ocwen Loan Servicing, LLC. the servicing agent (or servicer) for Wells Fargo Bank, N.A., as Trustee for ABFC 2006 -OPT3 Trust, Asset - Backed Funding Corporation Asset - Backed Certificates, Series 2006 -OPT3 Borrower: MICHAEL KOTHE A/K/A MICHAEL T. KOTHE Property Address: 4079 Darius Drive, Enola, PA 17025 -1474 MJU #: 08050121 -10 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 Manus 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 Manus Drive; Thence by said right -oaf -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 BK I 962PGO049 To: Michael Kothe 4079 DARIUS DRIVE ENOLA, PA 17025 Re: Property Address: 4079 DARIUS DRIVE ENOLA, PA 17025 MJU #: 08050121 -10 Exhibit A September 17, 2013 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 foreclose. 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 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 INMEDITAMENTE 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. J HOMEOWNER'S NAME(S): Michael Kothe PROPERTY ADDRESS: 4079 DARIUS DRIVE, ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: Option One Mortgage Corporation, a California Corporation CURRENT LENDER/SERVICER: Wells Fargo Bank, N.A., as Trustee for ABFC 2006 -OPT3 Trust, Asset - Backed Funding Corporation Asset - Backed Certificates, Series 2006 -OPT3 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 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. 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 ANA TTEMPT 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: 4079 DARIUS DR, ENOLA, PA 17025 IS SERIOUSLY IN DEFA ULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:_ Mon thly P of $859.74 F or June 1, 2013 $85 9.74 Monthl Pay men t of $8 62.98 Fo r July 1 2 013 thr Septe 1 , 2013 $2 ,588.94 Late C $ 162.52 Other Charges(explain / itemize) Proper Inspe Fees $31.50 [P roperty Va luation Fe $292.00 Total Amount Past Due: $3 9 934 .70 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION ( not use if not applicable HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,934.70, PLUS ANY MORTGAGE PAYMENTS AND LATE 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: Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. ( Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the 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 (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, i f 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 (30) 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 (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 Sheriffs Sale of the mortgaged property could be held would be approximately 6 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. HOW TO CONTACT THE LENDER: Name of Lender /Servicer: Ocwen Loan Servicing, LLC Address: 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Phone Number: 877 -596 -8580 Fax Number: 407 - 737 -5693 Contact Person: Customer S ervice E -Mail Address: EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs 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 or ❑ 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's 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 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. PLEASE SEE ATTACHED LIST OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 06J0 rAB 10.57 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 -762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 C:hambersburg, PA 17201 717- 234 -66I6 717- 2645913 PA interfaith Community Programs Inc PBFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717- 780-3940 800- 342 -2397 l 0 UDREN LAW OFFICES P,C, WOODCREST CORPO , 114 WOODCREST ROAD LATER CHERRY HILL, NJ 08003 "08"' $ 91 77,99 9991 7033 3748 6485 0_ 1 vv c 8E P 17 2013 To: Michael Kothe 4079 DARIUS DRIVE ENOLA, PA 17025 0 s o I D . N� FORM I 11m S �r(Al) WY9 K, Iv► A ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. . -. Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOStff& t ' DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at. (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed ale-al representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan , resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. if you do so and a conciliation conference is scheduled, you will have an oppoitunit'v to meet wltii a representative o; your lend in, a i attempt to -Y : Out rea,, o nabl- a- antements with vour lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE TIME STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: - y l Date ( [Sign ure of Counsellor Plaintiff] Nicole LaBlefta, Esquire PA ID 202194 ...... .... FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your PIease proAde the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORNIATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Y Amount owed: Value: Automobile #2 : Model: Ye Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: J. 1. Additional Income Description (not wages): 1. monthly amount: 2 monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mort acle Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other ro ayment Install. Loan Payment Cable TV a;.Id Su poTIL'AIim. S P`./Ioney Day/Child Care /Tait. Other Expenses i Amount Available for Monthly Mortgage Payments Based on Income & Expenses: I Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: _.._ _...__ ... ...................... - - - - ....._.._- ....__..__ Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes. please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or Lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Si; Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income Past 2 bank statements V Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) ............_._............. FORM 3 ` o! Rk fC3 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff(s) vs. +�IIChaA hC+hf R h(W - 1 Defendant(s) CIV.I:L REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 g overning the Cumberland County Residential Mortgage Foreclosure Diversion Progralll, the undersigned hereby certifies as fol..lows: I . Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675 SALVATORE CAROLLO, ESQUIRE - ID #311050 HARRY B. REESE, ESQUIRE - ID #310501 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 , JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 NICOLE B. LABLETTA, ESQUIRE - ID #202194 r� j '. DAVID NEEREN, ESQUIRE - ID #204252 ' c� JORDAN DAVID, ESQUIRE - ID #311968, ..` AMANDA RAUER, ESQUIRE - ID #307028 -C7 c" r WOODCREST CORPORATE CENTER 0 . 111 WOODCREST ROAD, SUITE 200 v , r CHERRY HILL, NJ 08003 -3620 856- 669 -5400 Pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006- COURT OF COMMON PLEAS OPT3 Trust, Asset - Backed Funding Corporation CIVIL DIVISION Asset - Backed Certificates, Series 2006 -OPT3 CUMBERLAND County 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 / S NO. / „ Q ( /� al Plaintiff �l/ O `T V. Michael Kothe a/Wa Michael T. Kothe 4079 DARIUS DR ENOLA, PA 17025 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Gazzara Doyle, Esquire; Sherri J. Braunstein, Esquire; Harry B. Reese, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassall, Esquire; John Eric Kishbaugh, Esquire; Nicole B. LaBletta, Esquire; David Neeren, Esquire, Jordan David, Esquire, and Amanda Rauer, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAW OFFICES, P.C. BY: i l f � Nicole LaBlefla, Esquire PA ID 202194 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " ` ` ' Sheriff , _ ` l',0-i.1-11...; t :t,i, 155 Di ,kI)t)b rt Jody S " ^_' �� — fit • y c:3i ¢• 0 Chief Deputy Richard W Stewart CUMBERLAND >r OUN i '7 Solicitor .‘=a .. ,. PENNSYLVANIA Wells Fargo Bank vs. Case Number Michael Kothe 2013-6849 SHERIFF'S RETURN OF SERVICE 11/22/2013 11:35 AM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "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. RONALD HOOVER, DE UTY SHERIFF COST: $44.95 SO ANSWERS, November 25, 2013 RONNY R ANDERSON, SHERIFF ,1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin s ' udren.com Wells Fargo Bank,N.A., as Trustee for ABFC 2006-OPT3 COURT OF COMMON PLEAS Trust,Asset-Backed Funding Corporation Asset-Backed CIVIL DIVISION Certificates, Series 2006-OPT3 Cumberland County 1661 Worthington Road Suite 100 MORTGAGE FORECLOSURE West Palm Beach, FL 33409 Plaintiff v. NO. 13-6849 Civil --o --, rrt .. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE % ,-. CD 4079 DARIUS DRIVE -r." }- ENOLA, PA 17025 ° 7,0 Defendant(s) v L µPRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s),MICHAEL KOTHE A/K/A MICHAEL T.KOTHE; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: FROM TO Unpaid Principal Balance $205,571.55 Interest Per Complaint $1,537.31 Additional Interest 09/17/2013 02/01/2014 $1,566.30 Late Charges Per Complaint $121.89 Additional Late Charges 09/17/2013 02/01/2014 $162.52 Escrow Per Complaint $645.10 Property Valuation Fee-BPO $292.00 Property Inspection Fee $31.50 Title Fee $300.00 Attorney Fees $1,650.00 Grand Total $211,878.17 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. At .rney f• 'laintjZABET WA SALL, ESC 77788 DAMAGES ARE HEREBY ASSESSED AS INDICATED l �Q DATE: �1� ' 1 c 4€14, o� PRO PR! MJU#: 08050121 CASE#: 08050121-10 C .4+((2&s okc--E UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF BY:MARK J.UDREN,ESQUIRE-ID#04302 STUART WINNEG,ESQUIRE-ID#45362 LORRAINE GAZZARA DOYLE,ESQUIRE-ID#34576 SHERRI J.BRAUNSTEIN,ESQUIRE-ID#90675 SALVATORE CAROLLO,ESQUIRE-ID#311050 HARRY B.REESE,ESQUIRE-ID#310501 ELIZABETH L.WASSALL,ESQUIRE-ID#77788 JOHN ERIC KISHBAUGH,ESQUIRE-ID#33078 NICOLE B.LABLETTA,ESQUIRE-ID#202194 • DAVID NEEREN,ESQUIRE-ID#204252 � "` " JORDAN DAVID,ESQUIRE-ID#311968 •� p AMANDA RAVER,ESQUIRE-ID#307028 C' S WOODCREST CORPORATE CENTER --r. 111 111 WOODCREST ROAD,SUITE 200 �'��� "•'C', CHERRY HILL,NJ 08003-3620 COPY -4 856-669-5400 nicadinesc�?udren.com 'Yy �'�'� Wells Fargo Bank,N.A.,as Trustee for COURT OF COMMON PLEAS ABFC 2006-OPT3 Trust,Asset-Backed CIVIL DIVISION Funding Corporation Asset-Backed CUMBERLAND County Certificates,Series 2006-OPT3 C/O Ocwen Loan Servicing,LLC f C.� 1661 Worthington Road MD. fj• U t Suite 100 West Palm Beach,FL 33409 Plaintiff v. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE 4079 DARIUS DR 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 ou 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ay ttv at eititalivi Jody S Smith Chief Deputy sv:4r Richard W Stewart "= Solicitor CiFFNE?1F THE SkSRtfF Wells Fargo Bank vs. Case Number Michael Kothe 2013-6849 SHERIFF'S RETURN OF SERVICE 11/22/2013 11:35 AM-Deputy Ronald Hoover, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "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. RONALD HOOVER, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, November 25, 2013 RONNY ANDERSON,SHERIFF tc)CouniySvila Shenfi,Telisosofl Inc UDREN 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 COURT OF COMMON PLEAS ABFC 2006-OPT3 Trust,Asset-Backed CIVIL DIVISION Funding Corporation Asset-Backed Cumberland County Certificates,Series 2006-OPT3 Plaintiff MORTGAGE FORECLOSURE v. Michael Kothe a/k/a Michael T.Kothe NO. 13-6849 Civil Defendant(s) TO: Michael Kothe a/k/a Michael T.Kothe 4079 Darius Drive Enola,PA 17025 Date of Notice: January 21,2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTIFICACION I MPORTANTE 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTICE:PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT,THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UDREN LAW OFFICES,PC. BY: i\j'A ttormey for Plaintiff HARRY B. REESE, EIQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill,New Jersey 08003-3620 MJU#: 08050121 CASE#: 08050121-10 • 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 COURT OF COMMON PLEAS Wells Fargo Bank,N.A.,as Trustee for ABFC CIVIL DIVISION 2006-OPT3 Trust,Asset-Backed Funding Cumberland County Corporation Asset-Backed Certificates,Series 2006-OPT3 MORTGAGE FORECLOSURE Plaintiff v. NO. 13-6849 Civil MICHAEL KOTHE A/K/A MICHAEL T. KOTHE, Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s),that the Defendant(s),MICHAEL KOTHE A/K/A MICHAEL T. KOTHE,who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s)of birth and/or Social Security number(s) for said Defendant(s)to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 7 Dated: January 30,2014 Attorney for Plaintiff ELIZABETH L WASSALL, ESC PA ID 77788 MJU#: 08050121 CASE#: 08050121-10 • Department of Defense Manpower Data Center Results as of:Jan-30-2014 08:38:01 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: KOTHE First Name: MICHAEL Middle Name: T Active Duty Status As Of: Jan-30-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA `No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty'status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YitiMitt • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: I7L5VEC10095OA0 Department of Defense Manpower Data Center Results as of:Jan-30-2014 08:38:46 AM SCRA 3.0 Staves Report Pursuant to Service Civil Relief Act Last Name: KOTHE First Name: MICHAEL Middle Name: Active Duty Status As Of: Jan-30-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 776ASE91 G095YC0 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,Asset-Backed CIVIL DIVISION Funding Corporation Asset-Backed Cumberland County Certificates, Series 2006-OPT3 Plaintiff MORTGAGE FORECLOSURE v. Michael Kothe a/k/a Michael T. Kothe NO. 13-6849 Civil cj Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION cp TO THE PROTHONOTARY: = . Issue Writ of Execution in the above matter: Tr ` Amount due $211,878.17 Interest From 2/2/2014 $ 1,396.05 to Date of Sale 6/4/2014 Ongoing Per Diem of$11.35 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES,P.C. o.k BY S t?,5� Attorney for Plaintiff r ELIZASPA IDW777g38 b3.� Es(:._ t4 • Soy` MJU#: 08050121 CASE#: 080501 1-10 S 3 pa s 4 . ek4' C0 "_4 �o� sa s vr 71-t.eri 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,Asset-Backed CIVIL DIVISION Funding Corporation Asset-Backed Cumberland County Certificates, Series 2006-OPT3 Plaintiff MORTGAGE FORECLOSURE v. Michael Kothe a/k/a Michael T. Kothe NO. 13-6849 Civil E ' Defendant(s) 0 CERTIFICATE OF ACT 91 cD 377 C-3 I hereby state that as the attorney for the Plaintiff in the above-captioned matt�G, .x> E Act 91 procedures have been fulfilled fl Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Attorney for Plaintiff ELIZABETH 788 L WASSAIL, ESQ.ID 77 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,Asset-Backed CIVIL DIVISION Funding Corporation Asset-Backed Cumberland County Certificates, Series 2006-OPT3 Plaintiff MORTGAGE FORECLOSURE v. Michael Kothe a/k/a Michael T. Kothe NO. 13-6849 Civil Defendant(s) ` rca a AFFIDAVIT OF LAST KNOWN ADDRESS Vic; UNDER RULE 76 The Defendant(s)last known address is as follows: c) MICHAEL KOTHE A/K/A MICHAEL T.KOTHE y 4079 DARIUS DRIVE -*. ENOLA,PA 17025 This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES,P.C. Attorney for Plaintiff H L WASSALL, ESQ PA ID 77788 UDiR-EN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings(audren.com Wells Fargo Bank,N.A., as Trustee for COURT OF COMMON PLEAS ABFC 2006-OPT3 Trust,Asset-Backed CIVIL DIVISION ,\ r Funding Corporation Asset-Backed Cumberland County Nf. Certificates, Series 2006-OPT3 v);y �' Plaintiff MORTGAGE FORECLOSURE "C:.3 c v. Michael Kothe a/k/a Michael T. Kothe . NO. 13-6849 Civil ; ' Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Wells Fargo Bank,N.A., as Trustee for ABFC 2006-OPT3 Trust,Asset-Backed Funding Corporation 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 17025-1474 1. Name and address of Owner(s) or reputed Owner(s): Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Whelan Crossing HOA C/O Christopher E. Fisher 2 Lemoyne Drive, Suite 200, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank,N.A., as Trustee for ABFC 2006-OPT3 Trust,Asset-Backed Funding Corporation Asset-Backed Certificates, Series 2006-OPT3 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Sr Mortgage Holders - None 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 _ r c? Wells Fargo Bank,N.A., as Trustee for COURT OF COMMON PLEAS ABFC 2006-OPT3 Trust,Asset-Backed CIVIL DIVISION 1.,0-1 Funding Corporation Asset-Backed Cumberland County N Certificates, Series 2006-OPT3 -� Plaintiff MORTGAGE FORECLOSURE r Q ' v. p MICHAEL KOTHE A/K/A MICHAEL T. NO. 13-6849 Civil 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 17025-1474 is scheduled to be sold at the Sheriffs Sale on June 4,2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room,2nd Floor, Carlisle, PA 17013, to enforce the court judgment of$211,878.17, 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 Sheriffs 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 Sheriffs 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 fmd 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 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-6849 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A.,AS TRUSTEE FOR ABFC 2006-OPT3 TRUST,ASSET-BACKED FUNDING CORPORATION 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: $211,878.17 L.L.: $.50 Interest FROM 2/2/2014 TO DATE OF SALE 642014 ONGOING PER DIEM OF$11.35 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE-$1,396.05 Atty's Comm: Due Prothy: $2.25 Atty Paid: $193.70 Other Costs: Plaintiff Paid: Date: 2/20/14 /24,LieLI David D. Buell,Prothonota (Seal) . Deputy REQUESTING PARTY: Name: ELIZABETH L.WASSALL,ESQUIRE Address: UDREN LAW OFFICES,P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 77788 l Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t' f . O T i LiN C 1.= 1[i;11 JUN -6 AH OFFICE E SHE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank National Association vs. Michael Kothe a/k/a Michael T. Kothe Case Number 2013-6849 SHERIFF'S RETURN OF SERVICE 03/27/2014 02:52 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 4079 Darius Drive, Hampden - Township, Enola, PA 17025, Cumberland County. 03/27/2014 02:52 PM - Deputy William Cline, 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 a/k/a Michael T. Kothe at 4079 Darius Drive, Hampden Township, Enola, PA 17025, Cumberland County. 06/03/2014 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: $642.67 SO ANSWERS, June 03, 2014 RONI�R ANDERSON, SHERIFF (c) Cou ItySirie Sierift,'iefeoscft, inc. pd Co. /014 3e 6 99c.- LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-6849 Civil Term Wells Fargo Bank N.A. vs. Michael Kothe a/k/a Michael T. Kothe Atty.: Mark Udren ALL THAT CERTAIN LOT OF LAND SITUATE IN HAMPDEN TOWN- SHIP, CUMBERLAND COUNTY, PENNSYLVANIA: BEING KNOWN AS 4079 Darius Drive, Enola, PA 17025-1474. PARCEL NUMBER: 10-14-0837- 100. IMPROVEMENTS: Residential Property. 73 The Patriot -News Co. '2020 'Technology Pkwy • ' Suite300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 bt patriot 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 the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 2013-6849 Civil Term Wells Fargo Bank N.A. Vs Michael Kothe a/k/a Michael T. Kothe Atty: Mark Udren ALL THAT CERTAIN LOT OF LAND SITUATE W HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA: BEING KNOWN AS 4079 Darius Drive, Enola, PA 17025-1474 PARCEL NUMBER: 10-14-0837-100 IMPROVEMENTS: Residential Property This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn ubscribed before me -s Qday of May, 201 A.D. ublic COMMONWEALTHF PENNSYLVANIA 1-10y Ll'RnNota a'sz.al MyCernv$::` , r_;.,Punc D3uphtnCounty �� Dec. 12, 2016 MEMR ER pF.Aws'v 1A,SS,'71ATION(1FN'WI,QtFe Supreme C l V nn lvania Cou s oce 9d ?A ff Y Y1 u n . � County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint [3 Writ of summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff s Name: Lead Defendant's Name: u)v S ( (f} T. ic ah-e Dollar Amount Requested: 0 within arbitration limits Are money damages requested? ® Yes 0 No (check one) R outside arbitration limits Is dds a Class Action Suit? 13 Yes 0 No Is this an MDJAppeaP (3 Yes © No Name of Plaintiff/Appellant's Attorney: ��� UA } } U � f U l� Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) tore tie Case Place an "X" to the left of the ONE ease category that, most accurately describes your 1'1I11AltI' CASE. If you are making m ©re than otae type of claim; check the. one that you consider most important. TORT (do not include Mass Ton) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other 13 Product Liability (does not include Employment Dispute: mass tort) 0 Slander/Libel/ Defamation Discrimination 0 Other: 0 Employment Dispute: Other 0 Zoning Board 0 Other: E3 Other: MASS TORT 0 Asbestos 1 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common _Law /Statutory Arbitration 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title ® Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/Z011 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 18, April 25 and May 2, 2014 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. isa Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 8 0 oEi es Apr 0 CUMBERLAND2 D My Comm2018 UDREN LAW OFFICES, P.C. 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 ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13-6849 Civil Defendant(s) 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 Sheriffs 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 Sheriffs 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. 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: i ll� MJU#: 08050121 CASE#: 08050121-10 N LAW OFF BY: Atto s for Plaintiff David Neeren, Esqure PA ID 204252 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin ' s ' udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. Michael Kothe a/k/a Michael T. Kothe NO. 13-6849 Civil Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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 17025-1474 1. Name and address of Owner(s) or reputed Owner(s): Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Whelan Crossing HOA C/O Christopher E. Fisher 2 Lemoyne Drive, Suite 200, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Jr Mortgage Holders - None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 4079 Darius Drive Enola, PA 17025 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: Federal Tax Lien Holders - None Whelan Crossing HOA 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 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: cI •aill N LAW OFF BY: Atto�!-'( r Plaintiff MJU#: 08050121 CASE#: 08050121-10 David Neeren, Esquire PA ID 204252 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 e n s argo a � ., as rustee or ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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. 13-6849 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): MICHAEL KOTHE A/K/A MICHAEL T. KOTHE; PROPERTY: 4079 Darius Drive, Enola, PA 17025-1474 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 06/04/2014 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013. 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. The Sheriff will file a Schedule of Distribution 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. MJU#: 08050121 CASE#: 08050121-10 Name and Address Of Sender Henrietta Crommarty UDREN LAW OFFICES, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 ❑ Registered ❑ Insured ❑ COD ❑ Certified ❑ Return Receipt for Merchandise ❑ Inf 1 Recorded Del. ❑ Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance ❑ Without postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD R.R. Fee S.D. Fee S.H. Fee Rst. Del. Fee Remarks 1 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 2 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 3 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 4 13-6849 Tenants/Occupants 4079 Darius Drive Enola, PA 17025 5 Whelan CrossingHOA C/0Christopher Christopherpher E. Fisher 2 Lemoyne Drive, Suite 200, PA 17043 CC 6 06/04/2014 Whelan Crossing Homeowners Association P.O. Box 481, Enola, PA 1702 SOO S_ 7 3. POSTAGE 08 !q a3 m O'l,�i of eCia same 8 9 10 11 12 13 14 15 Total number of Pieces Listed by Sender 6 Total Number of Pieces Received at Post Office Pos . . er, f Ter (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnego iable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and forth class parcels. PS Form 3877, February 1994 Form Must be Completed by Typewriter, Ink or Ball Point Pen Michael Kothe a/k/a Michael T. Kothe - MJU# 08050121-10 (Cumberland County) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND .COUNTY. ow of tr)rlbe iy,e cccla'ME it= Wells Fargo Bank National Association vs. Michael Kothe a/k/a Michael T. Kothe Case Number 2013-6849 SHERIFF'S RETURN OF SERVICE 03/27/2014 02:52 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 4079 Darius Drive, Hampden - Township, Enola, PA 17025, Cumberland County. 03/27/2014 02:52 PM - Deputy William Cline, 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 a/k/a Michael T. Kothe at 4079 Darius Drive, Hampden Township, Enola, PA 17025, Cumberland County. SHERIFF COST: $954.24 SO ANSWERS, April 16, 2014 RONNY R ANDERSON, SHERIFF ESN E3 (c) CountySuite Sheriff, Teteosoft, Inc. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset- Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Vs. NO 13-6849 Civil Term CIVIL ACTION — LAW Michael Kothe a/k/a Michael T. Kothe WRIT OF EXECUTION 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: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $211,878.17 L.L.: Interest From 02/02/2014 $3,461.75 to Date of Sale 12/03/2014 Ongoing Per Diem of $11.35 to actual date of sale including if sale is held at a later date. Atty's Comm: Due Prothy: $2.25 Atty Paid: S864.87 Other Costs: Plaintiff Paid: r Date: 9/4/2014. , (Seal) REQUESTING PARTY: Name: David Nee.reri; Esquire Address: UDREN LAW OFFICES, P.C. 'Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attorney for: Plaintiff Telephone: 856-669-5400 Supreme Court ID No. 204252 David D. Buell, Prothonota Deputy .t- UDREN LAW OFFICES, P.C. 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 ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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. 13-6849 Civil PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: P. at sz, e1 Lit. °IS 6(12.67 /03. 7S - /6. S/6. so a8• So g64. $ 7 pci /4- tS Amount due Interest From 02/02/2014 to Date of Sale 12/03/2014 Ongoing Per Diem of $11.35 to actual date of sale including if sale is held at a later date. (Coss to be added) MJU#: 08050121 CASE#: 08050121-10 $ 211,878.17 $ 3,461.75 REN LjW OFFICES-; P BY: Atto.- - or Plaintiff avid Neeron, PA! 4)-25- by e C '70/es- Pg-3/05 0 Spt3/O5 78 071' UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.corn Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13-6849 Civil Defendant(s) SHORT DESCRIPTION FOR ADVERTISING ALL THAT CERTAIN LOT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA: BEING KNOWN AS 4079 Darius Drive, Enola, PA 17025-1474 PARCEL NUMBER: 10-14-0837-100 IMPROVEMENTS: Residential Property :01 1411 +1— cl3S '11C1, ri C) 7 Attr Plaintiff David Neeren, Esqu PA ID 204252 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 0 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. BEING KNOWN AS: 4079 Darius Drive, Enola, PA 17025-1474 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, a single woman, by her Attorney -in -Fact Janet Rittner Young, a/k/a Janet R. Young and Janice E. Rittner, a/k/a Janice A. Rittner, widow, Individually and as Executrix for the Estate of Ernest L. Rittner DATED 05/24/2000 RECORDED 05/31/2000 IN DEED BOOK 222 PAGE 210. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin ' s ' udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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. 13-6849 Civil rn ccn r-- ~� (--) I hereby state that as the attorney for the Plaintiff in the above -captioned matter crt CERTIFICATE OF ACT 91 Act 91 procedures have been fulfilled El Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN u , Attorney I iff OFFICES, P vid Neeren, Esqu PA ID 204252 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s / udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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. 13-6849 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 70, c.n Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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 17025-1474 1. Name and address of Owner(s) or reputed Owner(s): Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Whelan Crossing HOA C/O Christopher E. Fisher 2 Lemoyne Drive, Suite 200, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Jr Mortgage Holders - None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 4079 Darius Drive Enola, PA 17025 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: Federal Tax Lien Holders - None Whelan Crossing HOA, Address to Follow. Whelan Crossing, Address to Follow. 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: lit° 1 MJU#: 08050121 CASE#: 08050121-10 Attorney Davt eeren, ire PA ID 204252 UDREN LAW OFFICES, P.C. 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 ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Michael Kothe a/k/a Michael T. Kothe NO. 13-6849 Civil -r) Defendant(s) m m AFFIDAVIT OF LAST KNOWN ADDRESS UNDER RULE 76 <c) The Defendant(s) last known address is as follows: > MICHAEL KOIHE A/K/A MICHAEL T. KOTHE 4079 DARIUS DRIVE ENOLA, PA 17025 C.) This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to us cation to authorities. Neeren, Esqu! PA ID 204252 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s udren.co Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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. 13-6849 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 (31 Cr, Your house (real estate) at 4079 Darius Drive, Enola, PA 17025-1474 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $21(878.17, 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 Sheriffs 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 Sheriffs 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 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s • udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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 rn cry ,-. �i�� �� r x� c _., cJ C) .. MORTGAGE FORECLOSURE !!<)> NO. 13-6849 Civil c=a cn WAIVER OF WATCHMAN/WAIVER OF INSURANCE The undersigned states that any Deputy Sheriff or Sheriff levying upon or attaching any property under the writ issued in the above -captioned matter may leave same without a watchman, in custody of whomever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such Deputy Sheriff or Sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof; and the Sheriff is hereby released from all liability to protect the property described in the above execution by insurance, which insurance is hereby waived. Date: aintiff David Neeren, Esquire PAID 204252 UDREN LAW OFFICES, P.C. 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 ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOS NO. 13-6849 Civil Defendant(s) 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 Sheriffs 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. Q1 —d 2. A Notice of Sheriffs 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. 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: I 0-161(e MJU#: 08050121 CASE#: 08050121-10 UDREN LAW OFFICES, P.C. BY.t914 ( Q, Attorneys for Platnti f Jcole L. PA ID 202194 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin • s udren.com Welts Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. Michael Kothe a/k/a Michael T. Kothe NO. 13-6849 Civil Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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 17025-1474 1. Name and address of Owner(s) or reputed Owner(s): Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Whelan Crossing HOA C/O Christopher E. Fisher 2 Lemoyne Drive, Suite 200, Lemoyne, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Wells Fargo Bank, NA 6501 Irvine Center Drive Irvine, CA 92618-2118 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 4079 Darius Drive Enola, PA 17025 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: Federal Tax Lien Holders - None Whelan Crossing HOA, 2188 Glenn Court 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: ) 110 MJU#: 08050121 CASE#: 08050121-10 UDREN LAW OFFICES, P.C. BY: Attorney or r Plaintif M Nicol La,'a-F l PA 10 202194 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 e s Fargo : an , " .A., as Trustee or ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation 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. 13-6849 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): MICHAEL KOTHE A/K/A MICHAEL T. KOTHE; PROPERTY: 4079 Darius Drive, Enola, PA 17025-1474 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 12/03/2014 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013. 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. The Sheriff will file a Schedule of Distribution 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. MJU#: 08050121 CASE#: 08050121-10 EXHIBIT A Name and Address of Sender Jodie Boos UDREN LAW OFFICES, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 ❑ Registered ❑ Insured ❑ COD ❑ Certified ❑ Return Receipt for Merchandise ❑ Intl Recorded Del. ❑ Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance ❑ Without postal Insurance Affix stamp certificate of additional copies Postmark and Due Sender If COD here if issued mailing of this Date of R.R. Fee as or for bill. Receipt S.D. Fee S.H. Fee Rst. Del. Fee Remarks Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (1f Regis.) Insured su Value 1 12/03/2014 Whelan Crossing HOA C/O Christopher E. Fisher 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 2 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 o.' Eooao i a 74 r N ` .�y\ \>cc 3 13-6849 Civil Cumberland County Domestic Relations Section 13 North Hanover Street0 Carlisle, PA 17013 w i � rtn aoo 5 w f 4 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 m111 cv nn UJ mr ti Q0 w #11 lc H M W H 5 Tenants/Occupants 4079 Darius Drive PA 17025 o lQ- (II oEnola, `. co 6 Whelan Crossing Homeowner's Association 2188 Gleim Court Enola PA 17025 _`' 0"o n-ai o o • ,". ts I X� 8 ,' .A.' • •11:ii: � 9 10 11 12 Total number of Pieces Listed b ender I Total tuber Recei ed at P o Pieces st ffice Post ter, Per ame of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnego iable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional postal insurance. See Domestic Mail Manual R900, S913, and 5921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and forth class parcels. PS Form 3877, February 1994 Form Must be Completed by Typewriter, Ink or Ball Point Pen Michael Kothe a/k/a Michael T. Kothe - MJU# 08050121-10 (Cumberland County) Name and Address of Sender Henni Crommarty UDREN LAW OFFICES, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 ❑ Registered ❑ Insured ❑ COD ❑ Certified ❑ Return Receipt for Merchandise ❑ Int'I Recorded Del. ❑ Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance ❑ Without postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD R.R. Fee S.D. Fee S.H. Fee Rst. Del. Fee Remarks I 13-6849 Wells Fargo Bank NA 6501 Irvine Center Drive Irvine, CA 92618-2118 2 3 12/03/2014 j 4 L", Cb ev r - .. , i6 tz !" V3PS, L��. w1 < 1 8 { M O c�M 1 11 CO Nia V NOO 1 1 101: • . = 11 '11:1;1,1.r 12 *..`.. 13 14 15 Total number of Pieces Listed by Sender Total N , • er o 'feces Recei • s at . ' os t d ffice Postm ter, er (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnego fable documents under Express Mail document reconstruction insurance is $50,000 per p'ece subject to a limit of $500,000 occurrence. The maximum indemnity on Express Mail merchandise is $500. The maximum indemnity is 1 per payable payable $25,000 for registered mail, sent with optional postal insurance. See Domestic Mail Manual R900, 5913, and 5921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and forth class parcels. PS Form 3877, February 1954 Form Must be Completed by Typewriter, Ink or Ball Point Pen Michael Kothe a/k/a Michael T. Kothe - MJU# 08050121-10 (Cumberland County) 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, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE; et al ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13-6849 Civil Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: 1 i UDREN LAW OFFICES, P.C. BY: , ..e&pdac Attorney for Plaintiff N�! L Pp ID 202154 EXHIBIT B UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(cr udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, Asset -Backed Funding Corporation Asset -Backed Certificates, Series 2006-OPT3 Plaintiff v. MICHAEL KOTHE A/K/A MICHAEL T. KOTHE TO: Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13-6849 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Michael Kothe a/k/a Michael T. Kotiie 4079 Darius Drive Enola, PA 17025 Your house (real estate) at 4079 Darius Drive, Enola, PA 17025-1474 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $211,878.17, 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 Sheriffs 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.) EXHIBIT 13 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THF SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 fmd 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 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 EXHIBIT 13 \Yells Fargo Bank. NA as Trustee. et. al.. Plaintiff(s) s. Aliened Nothe aka Michael T. Katlic et. al., Defendont(s) . _ Sine of: DOREN LAW OFFICES Ms. Hcnni Crommarty 111 Woodcrest Rd., Ste. 200 Cherry Hill. NJ 08003-3620 Service of Process by APS International, Ltd. 1-800-328-7171 NAL APS International Plaza 7800 Glcnroy Rd. Nlinneapolis, NIN 55-139-3122 APS File #: 131191-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: County of: Name of Server: Da tc/Time of Service: Place of Service: Documents Served: Service of Process on: Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: that at the time of se that on the 31 4079 Darius Drive —Michael Kolbe. aka Michael T. Kolbe Court Case No. Cumberland Co 1.3 -6849 -Civil . undersigned, being duly sworn. deposes and says 'as of legal age and was nota parry to this action: o'clock (NA -( 201 the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property • in Enoln. PA 17025 A true and correct copy of the aforesaid document(s) was served an: Mi5.1tael Kothe, aka Michael T. Kothc personally delivering them into the hands of the person to be served. 1 By delivering them into the hands of . a person of suitable age. who verified. or who upon questioning stated. that he/she resides with Michael Kolbe, aka Michael T. Knlhe at the place of service. and whose relationship to the person is: The ason receiving do Sex : Skin Colo Appr Agc u s is described as follows; • Hair Color bC40 ; Facial Hair : Approx. Height • Approx. Weigh To the -best of my ;11 sedge and belief, said p rson was not engaged in the US Military at the.time of s ../ ndersig edccfares un/cler penalty ofSubsibed d before me this mg is t correct. 70 oi ubfic ouunis fi•xpirest PS national, Ltd. 0 TIOIARlAL TaminleCrulcher, notary1. Public Carlisle Soto, Cumberland Count) My es Commission E)rpitSept 9,205 A ASSOt% M MN 7 ARIES