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Home My WebLink About05-1180GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16,132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I.KUHN Mortgagor and Real Owner 632 N. West Street Carlisle, PA 17013 Defendant T OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. OS- -11,P6 CIVIL ACTION: MORTGAGt PORRCLORURF l-IUr? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff VS. PAMELA I. KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-1180 civil term PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service and Entry of Appearance. The address for the Plaintiff is 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038. ,MI - AEL T. MCKEEVER, ESQUIRE GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attornev for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff VS. PAMELA I. KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-1180 civil term STATEMENT OF MATERL L FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P. 2352 JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2, by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: caption. The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1803 Page 2098 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.. 4. JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above-captioned matter. Res ectfully submitted, /MIC CEEVER, ESQUIRE r > Y GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I. KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-1180 civil term Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on April 23, 2008. PAMELA I. KUHN 632 N. West Street Carlisle, PA 17013 M ch el T. McKeever, Esq. I IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or, 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/offices/hsu/stVecon/econ,cftn for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender 888-577-4011 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number of EMC-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038. 2. The name and address of the Defendant is PAMELA I. KUHN, 632 N. West Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On March 27, 2003 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN BUSINESS CREDIT INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1803 Page 2098. The mortgage has been assigned to: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. by Assignment of Mortgage, which is being lodged for recording. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(8) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. Mortgage Electronic Registration Systems Inc. is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for ABFS Mortgage Loan Trust, which is the owner of the entire beneficial interest in the mortgage. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit «A» 6. The mortgage is in default because monthly payment of principal and interest upon said mortgage due October 05, 2004, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest from 09/05/2004 through 03/31/2005 at 16.2500% Per Diem interest rate at $34.17 Reasonable Attorney's Fee If the Mortgage is reinstated prior to a Sheriff's Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance ($3,837.42) in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Late Charges from 10/05/2004 to 03/31/2005 Monthly late charge amount at $105. t0 Costs of suit and Title Search Escrow Advance NSF Charges Fees Recoverable Balance $76,748.32 $7,105.27 $1,250.00 $630.59 $900.00 $86,634.18 +$3,605.93 +$40.00 +$51.90 +$272.35 $90,604.36 8. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $90,604.36, together with interest at the rate of $34.17, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: Akd& W"t, G LDBE K Mco FFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION 1, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 3 5 -0 LOAN ID: 1301261538 EXHIBIT A Description of Premises 632 North West Street, Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH NOW OR FORMERLY BY THE FRIENDSHIP FIRE CO.; ON THE EAST BY NORTH WEST STREET ON THE SOUTH BY PROPERTY NOW OR FORMERLY OF JOHN J. ENDERS AND WIFE; AND ON THE WEST BY PROPERTY NOW OR FORMERLY OF MRS. GEORGE WOODS; HAVING A FRONTAGE OF 25 FEET ON NORTH WEST STREET AND EXTENDING 139 FEET 4 INCHES IN DEPTH AND BEING IMPROVED WITH A 2 STORY BRICK STORE AND DWELLING HOUSE KNOWN AS NO. 632 NORTH WEST STREET. Pwmyiwnia Mortgage Over $50,000.00 ASC44PA Irmo Pep. a d w BK 1 803Pt 2 106 EMC Mortgage Corporation December 08, 2004 *0002800899* Pamela I. Kuhn 632 N W St Carlisle, PA 17013 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. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 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 healing 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 Notificaion en adjunto es de suma importancia, pues afecta so derecho a continuar viviendo en so casa. Si no comprende el contenido de esta notifieion obtenga una traduccion immediatamente Ilamando esta ageneia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo por el programa Ilamado 'Homeowners' Emergency Mortgage Assistance Program" al coal puede salvar su casa de In perdida del derecho a redimir su hipoteca. HOMEOWNER'S Pamela I. Kuhn PROPERTY 632n W St Carlisle, PA 17013 LOAN ACCOUNT 0002927515 CURRENT EMC Mortgage Corporation 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 provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, 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. Page two 0002927515 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this 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). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional 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 Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 632a W St Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 10105/2004: $3,153.09 (b) Late charge(s) : $1,244.21 (c) Other charge(s): NSF & Advances $213.95 (d) Less: Credit Balance $555.00 (e) Total amount required as of 12/07/2004: $4,056.25 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,056.25, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 0002927515 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a 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 they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If You cure the default within the THIRTY (30) DAY period You will not be required to pay attorneys' 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 charges, charges then due, reasonable attorneys' 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 sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of EMC Mortgage Corporation Lender: Address: Mac Arthur Ridge It, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75039 Telephone 1-999-609-2379 Number: EFFECT OF SHERIFF'S SALE - You should realize that a sheriffs sale would 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' 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 borrower money from another tending 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. (However, you are not entitled to this right more than three times in a 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. Page four 0002927515 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 d?" T ? P V -er J I OV) 1 a? n cJ+ '< N SHERIFF'S RETURN - REGULAR CASE NO: 2005-01180 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS KUHN PAMELA I RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon KUHN PAMELA I t DEFENDANT , at 1145:00 HOURS, on the 24th day of March at 632 NORTH WEST STREET CARLISLE, PA 17013 by handing to PAMELA KUHN to law, 2005 a true and attested copy of COMPLAINT - MORT FORE together w?th and at the same time directing Her attention to the contents the Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 31.70 Sworn and Subscribed to before me this _ t+ti day of f U 1 A.D. A J Prothonot So Answers: R. Thomas Kiine 03/28/2005 GOLDBECK MCCAFFE Y MCKEEVER 4 By: y S i GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I.KUHN (Mortgagor(s) and Record owner(s)) 632 N. West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 05-1180 civil term Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., and against PAMELA 1. KUHN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $95,606.1-3. Joseph A ck,Jr. Attorney fo P t It I hereby certify that the above names are correct and that the re tse residence address of the judgment creditor is MORTGAGE ELECTRONIC REGISTRATION SYSTEM C. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 and that the name(s) and last known address(es) of the Defendant(s) is/are PAMELA I. KUHN, 632 N. West Street Carlisle, PA 17013; BY: J ;TY & McKEEVER Jr. V ? o - ?, o , `? ? ? rt N --+?;?. ?-'i- -U CJ t_:? {?e r N c.: ?? `? c.a ..? .., O ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $76,748.32 Interest from 09/05/2004 through $11,581.54 08/09/2005 REASONABLE Attorney's Fee $1,250.00 Late Charges $1,156.09 Costs of Suit and Title Search $900.00 Escrow ADVANCE $3,605.93 NSF CHARGES $40.00 FEES $51.90 RECOVERABLE BALANCE $272.35 $95,606.13 BY: Jos ljA.\Goldbeck, Jr. & McKEEVER AND NOW, this day of , 2005 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, PAMELA I. KUHN, is about unknown years of age, that Defendant's last known residence is 632 N. West Street , Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff VS. PAMELA L KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 05-1180 civil term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against PAMELA 1. KUHN by default for want of an Answer. Assess damages as follows: Debt $95,606.13 Interest - 09/05/2004 to 08/09/2005 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 AND NUW , Juuruicua w .,. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. and against PAMELA I. KUHN by default for want of an Answer and damages assessed in the sum of $95,606.13 as per the above certification. Prothonotary U ell G? "C7 =[7 Lj .yr C emc-0715 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: PAMELA I.KUHN 632 N. West Street Carlisle, PA 17013 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I. KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) TO: PAMELA I. KUHN 632 N. West Street Carlisle, PA 17013 DATE OF THIS NOTICE: July 19, 2005 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 05-1180 civil term 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 (10) 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. LEGAL SERVICES INC 8 Wine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY At McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000- Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I.KUHN (Mortgagors and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) No. 05-1180 civil term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 r? c: ?y ?Il ' r c Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 IN THE COURT OF COMMON PLEAS Plaintiff vs. PAMELA I.KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 05-1180 civil term MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 632 N. West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): PAMELA I.KUHN 632 N. West Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: PAMELA I.KUHN 632 N. West Street Carlisle, PA 17013 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of (lie last recorded holder of every mortgage of record: NORTHWEST CONSUMER DISCOUNT CO 223 PENROSE PLACE CARLISLE, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 632 N. West Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 9. 2005 BY. JJt3EC MG11 'ERTY & McKEEVER BY: Joseph Jr., Esq. Attorney fo I_ n? n r.1 _a ?y 'S1 G, cv? f _ G1 t? .,. N rt?Cy. ii Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 VS. PAMELA I.KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 05-1180 civil term CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Plaintiff Defendant(s) c"?, ?} n ? ? ct" ?' -? "' ? 1 r Y? ? ? :) 7 v;: ; N , %` .?i " . C ; i "7; L ?? rr. .. ?' , 1 -? i "r ` ?Y i} :<; (y :ia ??. ?' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney 1.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW PAMELA L KUHN ACTION OF MORTGAGE FORECLOSURE Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle. PA 17013 No. 05-1180 civil term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $95,606.13 Interest from 09/0512004 to 08/09/2005 at 16.2500% (Costs to be added) BY: Jose'IJIf beck, Jr, Attorney for ti & McKEEVER w H N y w ? d O ? N ? W 0 H O N O W d w y Y N ? ?+ N G y v ? C? U 7 ? C ? r% p v q ?s U L? w N O f ? F' ? E„ p w O ? U pWp?? A V O pp Y CJ v? d? x ? o w ddx?N o a? Z ? 00 a Q N 5v FROM :LIENS&THINGS FAX NO. :7172843304 Feb. 25 2005 05:59PM P2 Feb 25 05 07;51a p.2 ALL THAT CERTAIN tract of lend situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Ponrsylvanie, bounded and described as follows: On the North no* or formerly by the Friendship Fire Company; ou the East by North West Street; on the South by property now or formerly of John J. Fedora and wife; and on the West by property now or formerly of Mrs. George Woods; having a ftontage of 25 tact on North West Street and extending 139 feet 4 inobes In depth and being improved with a 2-story brick store and dwelling house known as No. 632 North West Street. 1 -ti a J -Ifs J J a 0 a N ,(_) M; ?t ? n LA J ? Q U? [ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-1180 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From PAMELA 1. KUHN, 632 N. WEST STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED. (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 $95,606.13 Interest FROM 915104 TO 819/05 @ 16.2500% Arty's Comm % Atty Paid $113.70 Plaintiff Paid Date: 8/12105 L.L..50 Due Frothy $1.00 Other Costs URT L NG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR Address: SUITE 500 - MELLON IN CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.416132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 EMC-0715 CF: 03/07/2005 SD: 12/07/2005 $95,606.13 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff VS. PAMELA 1. KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 Defendant(s) IN THE LOUR F UP CUMMUN 1'LLAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 05-1180 civil term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office%pawnt- !(copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to tFJ penalties pr?vided bX rP.S. Section 4904. It I,/ / ., ? forylaintiff i C (Domestic Mai/ Or 0 C Ln Postage $ C3 Certified Fee 0 O Retuvi Receipt Fee (Fntlorsement Required) O Restricted Delivery Fee . a (Entlorser- nt Required) rl ra Total Postage 8 Fees $ oHf ?_; ,,"ark e(e // o L sem ro - o <UHN, PAMELA I. F` SilePi AW Na. M1 (7 -T t -fat c WI 1 1cnm XOna Cp 6 ?' ? ? ? II I ? I I ? - N 7r p ? ? - O 1z 4 I G x m m3 I ?" W? d00 0 I]C1C IJ? t2o 00 o0 ° ?n N a C? -? .j m ?, N vNZ w I I I I I o W o 0? OT <R ? rnl `a i?i1 G I' z? I ?" . .A o P S> nI p n ('? 7i ? E A ? `8 ?I I I I I 1 ? j q 1I q 3 'Q ?sI ' i ? m1 0 1???? a 4 I I ' I I s. ? d x ' '° ??' m o m T `" a twin - ?-? m N - U> a __ ? q ? q (f1 }7? Q m'? ? I I ? m C 'r r? m a. ? g ? I, ?v ? w mG ??. tiR I 4/i - p m G Z 1A m n I? UN _ R n? v 1 r ? pv r? ? Mortgage Electronic Registration Systems, Inc. VS Pamela I. Kuhn The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1180 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2005 at 5:49 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Pamela I. Kuhn, by making known unto Pamela Kuhn, personally, at 632 North West Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2005 at 2:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Pamela I. Kuhn located at 632 North West Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Pamela I. Kuhn, by regular mail to her last known address of 632 N. West Street, Carlisle, PA 17013. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. Sworn and subscribed to before me So,xysw??? This day of R. Thomas Kline, Sheriff 2005, A.D. Prothonotary BY 6 04 Real stant GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. PAMELA I.KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Tetra No. 05-1180 civil term AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 632 N. West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): PAMELA L KUHN 632 N. West Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: PAMELA I.KUHN 632 N. West Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: NORTHWEST CONSUMER DISCOUNT CO 223 PENROSE PLACE CARLISLE, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 632 N. West Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: November 9, 2005 +! i i/ \ G ?'J/7 L/ +r ?' BY: Joseph A. Ggndbeck, Jr., Attorney for Pl ' tiff c; TI Mortgage Electronic Registration Systems, Inc. VS Pamela I. Kuhn The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1180 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2005 at 5:49 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Pamela I. Kuhn, by making known unto Pamela Kuhn, personally, at 632 North West Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2005 at 2:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Pamela L Kuhn located at 632 North West Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Pamela I. Kuhn, by regular mail to her last known address of 632 N. West Street, Carlisle, PA 17013. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing 30.00 Poundage 10.75 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Surcharge 20.00 Mileage 9.60 Postage .74 Certified Mail 2.33 Share of Bills 20.89 Law Journal 179.00 Patriot News 228.68 $ 548.49 Sworn and subscribed to before me This 8 r- day of 2005, A.D. Prot y S?Answer . R. Thomas Kline, Sheriff BY Real Estate Sergeant 1.V c> ?ain?t 4? 111'7P f Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. 416132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW PAMELA I.KUHN (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 632 N. West Street Carlisle, PA 17013 Defendant(s) No. 05-1180 civil term AFFIDAVIT PURSUANT TO RULE 3129 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 632 N. West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): PAMELA I.KUHN 632 N. West Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: PAMELA I.KUHN 632 N. West Street Carlisle, PA 17013 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: NORTHWEST CONSUMER DISCOUNT CO 223 PENROSE PLACE CARLISLE, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTSMCUPANTS 632 N. West Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED. August 9, 2005 GOLDBEL"KFERTY & McKEEVER BY: Joseph A. G 1 b ck, Jr., Esq. Attorney for P ai i r? n ? _ < a c:y 'fl ? i _(7 -i i :, l "? y !n J' . C.: N :> ?`? :< 05-1180 civil term GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#116132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff VS. PAMELA I.KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 Term No. 05-1180 civil term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KUHN, PAMELA I. PAMELA 1. KUHN 632 N. West Street Carlisle, PA 17013 Your house at 632 N. West Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 07, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,606.13 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. against you. 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: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 05-1180 civil term 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 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 a 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 thirty (30) days from the date of the Sheriff s 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 the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N005-1180 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From PAMELA I. KUHN, 632 N. WEST STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED. (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 $95,606.13 L.L..50 Interest FROM 9/5/04 TO 8/9/05 @ 16.2500% Any's Comm % Due Prothy $1.00 Atty Paid $113.70 Other Costs Plaintiff Paid Date: 8/12/05 CURTIS R. LONG Prothonotary G' (Seal) By: Y i REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 19,15 t,llG I rP 3: Q4 NMI 0 Real Estate Sale #21 On September 01, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 632 N. West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By:jc,Cki Sm ? ? Real Estate Sergeant THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the Ist and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE No. 21 Writ No. 2005-1180 CIvil Term t Mortgage Electronic Registration Systems, Inc. vs Pamela 1. Kuhn Ally: Joseph A. Goldbeck, Jr. DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the. Borough of Carlisle, Cumberland County, Perusylvanis, bounded and described as follows: On the Norm now aformerly by the friendship Fee company; on the East by North West Sheet; on the South by property now or formery of John J. Enders and wife; send on the West by property now or formerly of Mrs. George Woods; having a frontage of 25 feet on North War Street and extending 139 feet 4 inches in depth and being improved with a 2 story brick stow and dwelling house known as No. 632 Norm West Strom. Sworn to and subscf e efor me 'this 23rd day of November 2005 A.D. P - NOTARIAL Terry I. Russell, Notary Public City of Harrisburg, Dauphin County My Commis?on Expires June 6, 2006 Member, Pon yh,,,nu As sydationotNotarios My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 21 Writ No. 2005-1180 Civil Mortgage Electronic Registration Systems Inc. VS. Pamela I. Kuhn Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Bor- ough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North now or formerly by the Friendship Fire Company; on the East by North West Street; on the South by property now or formerly of John J. Enders and wife; and on the West by property now or for- merly of Mrs. George Woods; hav- ing a frontage of 25 feet on North West Street and extending 139 feet 4 inches in depth and being im- proved with a 2-story brick store and dwelling house known as No. 632 North West Street. Marie Coyne, TO AND SUBSCRIBED before me this 28 day of October. 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public. Carlisle Borg Cumberland County M", Commission Expires K11arch S. 20013 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I. KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-1180 civil term PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $95,606.13 Interest from 8/9/05 to Date of Sale per diem at $34.17 (Costs to be added) GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff .l ce) CA ? a Cl- ? O a "4 ° Cl- j o o ° c, c ° cr- g ,?- ? 8 C6 z 0 N jo ?]W? o O ... U z Hwy oYM W c ;p Hu, 0 00 H ?H ?? ? o,MOU W ? C Wa4o a ?t Z,? `?rWn° o U W U?W ??o a ?$ o N i H a? Y d ? y U N y M '°" ? y O N ?Illll a? es a? ?v, ?Q O Q+ G7 ? Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I. KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 05-1180 civil term I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff VS. PAMELA I. KUHN (Mortgagor(s) and Record Owner(s)) 632 N. West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 05-1180 civil term AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 632 N. West Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): PAMELA I. KUHN 632 N. West Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: PAMELA I. KUHN 632 N. West Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 r 41 4. Name and address of the last recorded holder of every mortgage of record: NORTHWEST CONSUMER DISCOUNT CO 223 PENROSE PLACE CARLISLE, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 632 N. West Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 8, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff FILED-OFFICE OF THE ROTHIOhCTARY 2004 MAY I I P 1: 03 CtJMbL,! :J art. - i f"E?41?? ?'Y %!AINJA GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 05-1180 civil term JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 vs. PAMELA I. KUHN Mortgagor(s) and Record Owner(s) 632 N. West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 05-1180 civil term Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KUHN, PAMELA 1. PAMELA 1. KUHN 632 N. West Street Carlisle, PA 17013 Your house at 632 N. West Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,606.13 obtained by JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 against you. 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: 05-1180 civil term 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 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 a 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 thirty (30) days from the date of the Sheriffs 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 the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hgR://www.philadelphiafed.ofgZforeclosure/ 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 V 4 05-1180 civil term 05-1180 civil term Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.go_v for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hLtp://www.phfa.org/consumers/homeowners/real.gWx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretention(a),goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of EMC-0715. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1180 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, as Trustee Under the Pooling and Servicing Agreement Dated as of 10/01/03, ABFS MORTGAGE LOAN TRUST 2003-2, Plaintiff (s) From PAMELA I. KUHN (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 $95,606.13 L.L. Interest from 8/09/05 to Date of Sale per diem at $34.17 Atty's Comm % Due Prothy $2.00 Atty Paid $707.69 Other Costs to be added Plaintiff Paid Date: 5/11/09 'Curtis R. L ng, rothono ry (Seal) By: REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 Sheriffs Office of Cumberland County ? R Thomas Kline Sheri L Ronny R Anderson 's ' Cn Chief Deputy ta3, `r T Jody S Smith Civil Process Sergeant OFF, :,-Fss,-ERIFF ; ' rz Edward L Schorpp cry Solicitor JP Morgan Chase Bank Case Numbe r vs. Pamela I Kuhn 2005-1180 SHERIFF'S RETURN OF SERVICE 07/07/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that writ is returned STAYED, per letter of instruction from Michael McKeever. SHERIFF COST: $68.34 SO ANSWERS, July 07, 2009 ?000a'-?? R THOMAS KLINE, kRIFF O c.I ? 0? ?q 5 ? as Real Estate Sale # On May 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as, 632 North West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2009 By: l?:eJtQJ-?-- Rea Estate Coordinator KML LAW GROUP, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff OF ME'PRO HON0 T ki, , 2012 JUL -2 AM 10: 50 JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. PAMELA I. KUHN (Mortgagor(s) and Record owner(s)) 632 North West Street Carlisle, PA 17013 Defendant(s) PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. of Cumberland County No. 05-1180 civil term By: KM,L LAW GROUP, P.C. chael McKeever Pa. ID 56129 isa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff Ck.? -7 i?a77 Nyo Y IN THE COURT OF COMMON PLEAS KML LAW GROUP, P.C. SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 Plaintiff vs. PAMELA I. KUHN (Mortgagor(s) and Record Owner(s)) Defendant(s) CERTIFICATE OF SERVICE CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 05-1180 civil term Jessica Doebley, hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on PAMELA I. KUHN 632 N. West Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY By: KML W GROUP, P.C. 4 Jessica Doebley, Legal Assistant idoebley@kmllawgroup.com 215-825-6327 (Direct Phone) KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center ;C 701 Market Street U i F F llr Philadelphia, PA 19106-1532 1012 JUL 2 TA; 215-627-1322 ~2 AN in. e JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 vs. Plaintiff PAMELA I. KUHN (Mortgagor(s) and Record owner(s)) 632 North West Street Carlisle, PA 17013 Defendant(s) IN THE COMMA COMMON PLEAS OF CUMBERLAND COUNTY No. 05-1180 civil term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP, P.C. F/1 /A WW ,DBECK McCAFFERTY & McKEEVER By: _lylichael McKeever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 -Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 Thomas Puleo Pa. ID 27615 -David Fein Pa. ID 82628 Andrew Gornall Pa. ID 92382 -Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff I 1b KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2003, ABFS MORTGAGE LOAN TRUST 2003-2 Plaintiff vs. PAMELA L KUHN (Mortgagor(s) and Record Owner(s)) Defendant(s) No. 05-1180 civil term CERTIFICATE OF SERVICE Jessica Doebley, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on Z PAMELA L KUHN 632 N. West Street Carlisle, PA 17013 KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFERTY & McKEEVER By: JJ ssica Doebley, Legal Assistant idoebley@kmllawgroup.com 215-825-6327 (Direct Phone) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE