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Home My WebLink About05-4994 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. () ~ -4'i9lf c/~~L ~~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas 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 previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717.249.3166 800-990-9108 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 ofthe 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. Isl Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 323 Fifth MUNICIPALITY/TOWNSHIP/BOROUGH: COUNTY: Cumberland DATE EXECUTED: 08/27/04 DATE RECORDED: 08/31/04 BOOK: Street Borough of West Fairview 1879 PAGE: 118 The legal description of the mortgaged premises is attached hereto and made part hereof. 4, Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 9/1/05: Principal of debt due Unpaid Interest at 7.875% * from 4/1/05 to 9/1/05 (the per diem interest accruing on this debt is $15.43 and that sum should be added each day after 9/1/05) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) Late Charges (monthly late charge of $26.07 should be added in accordance with the terms of the note each month after 9/1/05) Property Inspection Expense Advances Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $71,493.80 2,345.90 325,00 280.00 900.00 156.42 23.85 50.00 3.574.69 $79,149.66 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage in the event documents and Pennsylvania law, and will be collected of a third party purchaser at Sheriff's Sale. If the prior to the sale, reasonable attorney's mortgage is reinstated fees will be charged in accordance with the reduction provisions of Act 6, if applicable, 8. The combined notice specified by the pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(sl have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(sl herein in the sum of $79,149.66 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. ,lliJ Mark J.~dren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CEKl'AlN lot or pII1'CeI of gnlWIIl situate in the BOROUGH OF WEST FAIR.VIEW,*COUNTY OF CUMl3ERLAND AND STATE OF PENNSYLVANIA, lIIOOl p&rticularly boIlndeci and de$llribed as follow. to wit: II Now Know Aa/Eau Pelmsboro Tvp. BEGINNING OIl the Eam:m 5iclI: liaI: of CllDllllopiaJlt SInlel, at a. poiot. 180 :k South of the 00IDa' of ~ aDd West Sh:&; t'- in all Easreriy dIm:tlan akJIJg the liDe of Lot No. 41. lSO:k to the WestaD liaI: ofSIa.re Al1cy; thaocc soudIwenlly aIoaa Slam Alley 60 feet to the - ofLat No. 38; 1IImce aIq f1a.liDcl of Lot NO. 38 ill a _/y diredicm 145 ~ feet 10 C~ Strc:llt; Iheace aIoDg tbe llIISlrm side line of Conodoguinett Street 6O:k to tbeplace of BEGINNING, BElNG LoIs NlII. 39 IIIId 40 ill dII -;.", plas of LoIs, IIIade by the T-=s of the Estate of J/lWS McCormick. AocMTrd, aacll'CCCltllcd ill the Recunila-'s Office at Carlis/e, cwabarlaDcl COllllty, Peaasylvuia. ill Plan Baok No: 1 Pap 4. HAVING 'J.'IIEREON:ERKCmD a Two aad o-HalfSlCIIy F_ Dwelling H~ aad otbcr out bwlrfinP, UNDER AND stm.JU:I', llll'I(lIlb.Jess, to ... i -.... rcsiril:tiom, re&lll'VIdioos. CllIIdiIfoas aacl ~way ofn:lXl1ll. July 15, 2005 ACT ;91 NOTI,CE TAKE ACTION TiO SA VE YOUR BlOME FROM FORE;CL,OSURE Thh: i~ fin offirial notirp th3t thp mtlrtga~ on your homp j~ in ilpf3Uttr Dnil thp. Ipnf'lpr intpnn~ to forPc.Jo~E' ,"'verine infoMnSJtion JlhoJJt thp nSlhJrp of thp npfSJuU j~ prnvitlPil in thp. athu'hpr) pa~ps Th~ HOMROWNRRDs MORT(aGR ASSTSTANC'F, PROGRAM (HRMAP) mllY h~ "hl~ to hplp to savp yonr homp. This Noticp. pyplains how thp profrarn works. To ..... if HRM A P ""n h~lp yon mn.t MF.RT WITH A C'ONSTlMRR C'RRDTT C'OTlNSRT .1NG AGF.NC'V WITIDN "0 DA VS OF THR DA TR OF TIDS NOT1C'R T"k~ this Notjrfl with yon when yon ,"pop' with thp. ronn~u~linf Agpncy 'Thp namPr SJiltJrPSs and phonp nnmhPr Ilf (:nnsnmpr CrPrlit Connsplinr Arpn{"jps sprving yonr Connty arp lidPrl at thp flhil of this NoticE> If yon havp Hny qupstionsr yon mny ('JIlt thp. Ppnnsylvani3 Housing Finsnl"P Agpncy tnll frPp at 1.ROO.:\42-2:\97. (Pprsons with impJ.1irpri hllarine C'~n rJlII (717) 7~1)..1~69) 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 fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO DHOMEOWNERDs EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIlVllR SU HIPOTECA. Page 1 of 1 EXHIBIT A f HOMEOWNER'S NAMECS): PROPERTY ADDRESS: . DlJ~f:jI1C,Kl!!Iffml!11 323 Fifth Street _En91l!,J'AJ7J!z;; ._____ ..zQllilQ14zl!l! ....... ....... ...... __. .. ....._ ..Meritl!geM.9ng!!geJI1~,.. ._..._,..._.,....._. ....JlelJ.~.ehe.J:I.!!.I1.!<.__._......_..__..___. LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOlT MA Y HR RLTGIRT.F FOR FTNANrTAT. ASSTSTANf'R WHWH f'AN SAVR YOlTR HOMR FROM FORRrT.OSlTRR ANT> HELP VOlT MAKR FT1TlTRR MORTGAGR VA VMRNTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERDs EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTD), YOU MAYBE ELIGffiLE 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 ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLV ANlA HOUSING FINANCE AGENCY. TRMPORARY STAY OF FORRf'T.OSIJRR -- Under the Act, you are entitled to a temporary ~tay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Dface-to-faceD meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIDS MRRTING MT1ST Of'f'lTR WTTIDN THR NRXT (:'\0) DAYS IF YOll DO NOT APPLY FOR FMFRGFNf'Y MORTGAGE ASSTSTANf'F YOlT MOST BRTNG YOlTR MORTGAGE TJP TO DATF THF PART OFTHTS NOT!f'F CAT.T FD DHOW TO rTTRF YOlTR MORTGAGF DFFATTT TO FXPl ATNS HOW TO BRTNG YOlTR MORTGAGF TJP TO DATE f'ONSTTMRR f'RRDIT f'OlTNSRT .TNG AGRNf'TF,S _. 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 name< annre<<e, aor! telephone nnmher< of rlf':!':.lETIMPcl rnn<.:.nmpr r.rprllt r.()l1m,f':l;n~ ::leF':nr.if>~ for the: r.nnnty in wh;r.h thf': prnpf':rty ;~ lClr.~tp.cl are ,et forth at the eno of thi, Noti"e. It is only necessary to schedule one face-to,face meeting. Advise your lender immeniately of your intentions. APPT.Tf'ATTON FOR MORTGAGR ASSTSTANf'R _. 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must till out, sign and tile 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. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. Page 2 of2 YOU MT1ST 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. A(~F,NCV ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO ClTRE VOlJR MORTGAGE DF.FATTY.T (Rrin~ it lip to rlHt~). NATTTRF. OF THF nF.FATlT,T -- The MORTGAGE debt held by the above lender on your property located at: 323 Fifth Street Enola, P A 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MQJtth!yJ)J!YffieI!YLoftS21,4HQ!'M!!yJ~1Jl!)5_t!m!J-,!JyJ,20!!S.....",_$l5Ji4,2!!__ ,J\l!!Jttb.!yL.!l.te_~b,ll.J:ges oCI!2Ji,9.7JQLM!!Y..l~_2!l!!.5_fu!1!J!J.Jt.e.J~20(1s.._=-.$52,l4....____... .-----..-. Other charges (explain/itemize): Other Fee=$75.00 Property Inspection=$7.95 Accumulated Late Charges=$52.14 .PIl!ll!pli.e!!J?!!!!Qs",C$.2M1L.___... ...-........- ........-.--- _TQTAL.AMQJJ1S:T.fASTJI!JJ!L----..-----.-.---.------..-..----..-_,_ $172<; 42_ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (00 not ,,,e ifnot epplicehle): lSLA HOW TO CTTRF THF meF A m .T -- 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 $172<; 42 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P~ymp.nt" mll~t hI": m:u-lp plthpr hy r:::Jo;,:h r.::J,,-hlp.r', rnf':r:k r.p.rtifip.ci r:hf':r:k or mone}' orc"ipr m::Jnp. p::JY::Jhlp. :mn ~p.nttn' TJrlr"n T .3W Offi""., p.e. Woodered t:o'1)orSltp renter 111 Wootif'red ROSlti ~lIitp 200 Ch"rry Hill NT fl!lflfl~-~62fl You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (00 not me if not eppli~ehle ). lSLA Page 3 of 3 TF YOTJ 00 NOT CTJRF THF OFF A TlT ,T -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, thE': IpnilPT intp.nrJ~ to p.xp.rri~p. it~ rir.ht~ to ~(,(,plp.r9tp thE' mortgflt'P ")pht 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 forp('ln~p I1pon yonr morteagp(l pr....pprty TF THF MORTr.A(~F TS FORF.CI ,OSFO TTPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOIl rllTP. thE' rlefsmlt within thp THIRTV (:m) nA. V pprioor YOIl will not hE> rpqnirpr) to p~y ~ttornpy'~ fp:p,," OTHFR T ,FNOFR RFMFnTF,S -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RTr.HT TO CITRF THF nF,FATlT,T PRTOR TO SHFRTFF'S SAT,F -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. YOll ,till h~v~ th~ rigl1t to r.nre: thp npf:mlt :mrl prp.vpnt the: "-::Ilp.::It :my timP'l1p tn one: hOl1rhp:foTp. thf' "\hp.rifP,, S::llf> You m::lY eln "-n hy p::lYlne thp. tnt::tl ::tmnnnt thp.n p:u:t i1np: plm: ::lny IMp. or nthf':T r.h::tTEP." thf'n nut" Tp.H"-nn::thlp. Mtnmp:y''' ff':p:l;;. ;mn r.o"-t,, rnnnp:r.tp:n with the: fnTP:r.1mmrp ,,:111" :mil ::lny nthf':T r.()~t~ C':nnnpf':tpl"i with thp Shpriff's S::llp ::l~ ~pf"C':lfipcl in writlne hy thp. lpnnf"T ::lnn hy pprfnrminr ::lny nthPT Tf"qlllTPmf':nN llnnf':T thf> mnrtg::lef':. 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. FART.TFST POSSmT.F SHF,RTFF'S SALE nATF -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately Ii 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 CONTACTTHF T,FNTlFR' Phone Number: Fax Number: Contact Person: _J!!!)!oI;J,M!l!1g!!ge_Seryj~eL__________,______________________--------.--..... 4708 Mercantile Drive N _Fort,W!lnb"IXl6.1:iZ__________________,___...__._.__._ _,l:!.8_8.,.:iZ.~.,:3.~!:!.Z_._._._._.__.___,_________________--------------------- __l!17_,6.(i~,;l~!:!Z________________________________________-----.-.-. __C-'!~tomeLS_em~e___~~__________,_______________..._.....-..-..---~--------- Name of LenderlServicer: Address: FFFFCT OF SHFRTFF'S SA T ,F -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSTTMP1'TON OF MORTr.Ar.E -- You may not 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 tbe other requirements of the mortgage are satisfied. Page 4 of 4 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 agaiust 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. Is! Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 YOlT MAY ALSO HAVR THR RTGHT- . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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. rON"TJMRR rRRnTT rOTJN"F,T .TNG AGRNrmS SRRVTNG YOTJR rOTTNTY rTTMRRRT ,A NIl rOTlNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX nla Urban League of Metropolilan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234,5925 FAX (717) 234,9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (7]7) 243-3818 FAX (717) 731 -9589 Community Action Carom of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139- 143 Carlisle St. Gettysburg, PA 17325 (717) 334- 15] 8 FAX (717) 334-8326 Page 6 of6 ~ ~. ~ & -8t .~ ! 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'l!8W pe.ieiSf5ef:l JO PS;rtSu, JQpjsuoo 99lt8ld 'ssJQlJOil!l'''' 'd 'HelN pel1!J.1e8 ,,",M 0301^OHd SI 3V\fH3^O~ 30N'dHnSNI ON . '!!BUJ IBUOll8WQlUI jO SS91~;fue JOJ elq&'fieA&JOU 81118''' P9uweo . lBVIJ ^-lPO!Jd 10oOl)Uel/lJ sstl'1()-.lSJ!.:::I QUM peU!Qwro eq A1NO ABW tf8W peWJJe:) . :SJBPUfUiSH lufWOdwl Slee" OMl JOl eO!f\Jes feJsod 94~ AQ Jd9lf NBA!l9P JO pJ009J V . e09Idl!BW mol.: JOj J8/lpuep! enb!un V . os Fotm 3800. June 2002 (Reverse) ~!eOBJ fiumew V . :sapl^Old Hew P9!l!lJ9:> V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, \.NiJ Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. ,.." ~~; ,,-,' ,/> en -0 ,,1 N ~ to.. t::J <0. \. \\:- <1'\ .:t <.r\ -- w C> 6""- 'l V\ ~ -0 S ~ t:- 1=: +- -.t:... --0 :::r.. q. '1:11 fr1 c: -n11. :.;)Y L~CJ '.:)'~~ ~?~ i":~ '1.~' ?l t!: f....) --' G UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY RILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term PRAECIPE 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) Dustin C. Kauffman for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 9/2/05 to 11/1/05 Late charges per Complaint From 9/2/05 to 11/1/05 $79,149.66 941. 23 52.14 TOTAL $80,143.03 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, UDRE~.C. Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: '/()n(') _ i d Od.S I 'ND'CAT~~~. . PRO PR Y~ . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. CIVIL DIVISION Plaintiff Cumberland County ATTORNEY FOR PLAINTIFF v. Dustin C. Kauffman Defendant(s) NO. 05-4994 Civil Term Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 DATE of Notice: October 20, 2005 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO, AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR HIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED SED FOR THAT PURPOSE. S ar . ren, Sglllre .. Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 . UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. NO. 05-4994 civil Term Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Dustin C. Kauffman Over 18 As captioned above Unknown Sworn to and subscribed before me this 1ST day r NOVember~^ NO~liC ~ Name: Title: Company: ""~..ESQ. ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. .to tt -0 C P \) '1- \T- o 1::. ~ ~ - \\- ~ '/-..J -0 E ~ B ~ lJ'- ---L... r:-- K" ~ q ~" -<:',t'1 r~': ~ ;'<: J . C'; ~;~: ,': t-> C:=,:J CC> <:J"' ~ '::::: \ W '. (.::' , ::-,'\ .-< ~ ~:lJ f1 r_ -00",J ~""-)U .;:) )- \'-:-'~1,.? ~'s~~ ~-::(n ~3 "" 'u C> '-.: ~ "to :-.;;;. - -' .. ~ .- UDREN LAW OFFICES, P.C. BY: Mark J.. 1Jdren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER ~~~ WOODCREST ROAD. SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant (s) NO. 05-4994 Civil Term TO: Dustin C, Kauffman 323 Fifth Street Enola, PA 17025 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary -K- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 .. UOREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY LD. J'lO. 04302 WOODCREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, J'lJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant (s) NO. 05-4994 civil Term PRAECIPE 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) Dustin C. Kauffman for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and fer foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows; As set forth in Complaint Interest Per Complaint From 9/2/05 to 11/1/05 Late charges per Complaint From 9/2/05 to 11/1/05 $79,149.66 941.23 52.14 TOTAL $8D,143.03 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. UDRE~P,C. Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED;1 tc.t~~ PRO PR~ ~ r DATE: UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Interest From 11/2/05 to Date of Sale March 8, 2006 Ogoing Per Diem of $15.43 to actual date of sale including if sale is held at a later date $80,143.03 1.959.61 Amount due (Costs to be added) $ UDREN LAW OFFICES, P.C. Mark ~ ATTORNEY FOR PLAINTIFF . v '(\ 'lr r G t. -r- ~ ~ P--- p0 f~ - ~ ....;) \' \) ~ ()~ '() ~ ~ -'g. -{.g.. U) -- ,...., 0 ""'- -- )V ~ --G U) C> CI1 () <.-"'" ~,~ = "Tl <J' S:!..,., Vf \) C) II) C tI( 0 \) ~: c. z c> G1p \) \) C> C C \) \) C> ..;:: ~~~~ I :-':':<,1 I D~ w ::::~g I \ :r: -1-1 l ~ 2::;: '-,2 C) () I ~,,. 2~5ll1 r , , ::: ::; ':l~ - , --\ - .. -c_ = ~'.ij .::. - ~ ...- .< g? ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4994 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From DUSTIN C. KAUFFMAN (I) 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) Ifproperty 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 hirniher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,143.03 L.L. $.50 Interest FROM 11/2/05 TO DATE OF SALE MARCH 8, 2006 ONGOING PER DIEM OF $15.43 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,959.61 Atty's Cornrn % Due Prothy $1.00 Atty Paid $122.00 Plaintiff Paid Date: NOVEMBER 3, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: WOODCREST ROAD, SUITE 200 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 NO. 05-4994 civil Term Defendant(s) C E R T I F I CAT E Mark J, Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. .~. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ~, C:;:J c;..? """ ~ q -- I v:> ~ :::1,""\,\ R1P- --:)\:"9 :"") I ,,~)C) ~:t~ '.JC) ';~.cn , , ::::::\ ~ii :~~ -. o .t:;- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 NO. 05-4994 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 323 Fifth Street, (East pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name a record Name and address of every judgment creditor lien on the real property to be sold: Address whose judgment is None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above, Mortgage Electronic Registration Systems Inc. P.O. Box 2026, Flint, MI 48501-2026 5. Name and address of every other person who has any recora lien on the property: . Name Address None 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 323 Fifth Street (East pennsboro Township) Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, p.e. DATED: November 1, 2005 ~/ ,/ Mark J. Udren, ESQ. Attorney for Plaintiff r:) C :::.." .-' c? c;;-' U" ,-c. '2J. -'- \ '-" Q, --1- (t1F:Z; 'o\!\ ~o'-'- ~?.... ).-, V~;-~i, ',J' :;:~S '.~ -;P' --< ~ -- o ..4~- , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 NO. 05-4994 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Your house (real estate) at 323 Fifth Street, (East Pennsboro Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $80,143.03, 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 Sheriffls 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 attorneyls fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER , RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 (") C", 4:~ .-> ,~ 'fA - .fr- o ..G \ c.;J Q, '$,::') <;:;; -q t:J ~v 1- r".~LJ ~",.:c ~T' "S- -(' (l-~' -0 -~i'.~rn ':~ -~ ~~ -- - o r UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v, Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/hiS/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits 3129. This Affidavit is made SUbject to relating to unsworn falsification forth by Pa Rule C.P. 4904 Dated: February 20, 2006 BY: Mar J. U ren, Esquire Attorney for Plaintiff - UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ OB003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-4994 Civil Term Dustin C. 323 Fifth Enola, PA v. Kauffman Street 17025 Defendant(s) DATE: January 18, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DUSTIN C. KAUFFMAN PROPERTY: 323 Fifth Street (East pennsboro Township), Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March B, 2006, at 10:00 am, in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. ..'jHIRiTA ---------- ~ -- ~ci$ "'" == .~ u:i u.. 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Kauffman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4994 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 08,2005 at 6:35 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Dustin C. Kauffman, by making known unto Dustin Kauffman, personally, at 323 Fifth Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at I !:I 8 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 Dustin C. Kauffman located at 323 Fifth Street, Enola, 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: Dustin C. Kauffman, by regular mail to his last known address of 323 Fifth Street, Enola, P A 17025. This letter was mailed under the date of January 05,2006 and never returned to the Sheriff's Office. Sworn and subscribed to before me This _ day of So An~wers: ;o;;""-C2~~ p~.#' .,r 4":t4"""~ ~ , R. Thomas Kline, Sheriff BY \)cctLi.5rvLiJ:Ll Real Estate Sergeant 2006, A.D. Prothonotary f"XHIBlTB t~ ..1 '; "--) ( ) UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Reissue Writ of Exe~ution in the above matter: Amount due $80,143.03 Interest From November 2,2005 6,172.00 to Date of Sale December 6, 2006 Ongoing Per Diem of $15.43 to actual date of sale including if sale is held at a later date (Costs to be added) $ Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ~ 'P -M.. ~ ~ - . -r 1~ ...c ...... (no~"""" ~ 0'\ ...0 (Il n ~ . . ~ ~ . . tn~OD ........ c 0 . w oeD- O c \; ~ () , I -=cJ ~ ........ c ~ \ ~?= ~ ~ .... ... ... ~ ~ .... " :it .. ... .. ~ -...c ~~ L (\' - .. ... ... .. ... ..... ..... ""' ... - ~ ' t.- t ~ o ~ ~'~,.. -oi~L ':\\ \' '-;;7 '''", ~; ~:. ./,',,\ {:-?':.': ~\'- -~'~~ ~ ..4. ~ ~ g? .-\ ~ ::r. ..,., ~ ~.O.~J~ ~ :':),0 ~--t"'\ ~-r'. ~ <::)5 ..;JJ> .?-rn C5 9 :. ~ t;1:J UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. rk J. Udren, ESQ ATTORNEY FOR PLAINTIFF g ...,. > 4:, CC rl1P ~?"I "'-:Jr. #".,.~ l' (jJ. : ~i.~": 't:~:~ "':~ :..c .... ~ ~ G'? - .....J ~ <;? ~ ~~ -eta :pQ l..)b ~.;ri ..1.. -r, (:)(") ;:-:'tf\ 9\ :E: ::l - co ... ... UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 323 Fifth Street (East Pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None ~ 4. Name and address of the last recorded holder of every mortgage ~ of record: Name Address Plaintiff herein. See Caption above. Mortgage Electronic Registration Systems Inc. P.O. Box 2026, Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other has knowledge who has any interest affected by the sale: Name person of whom the plaintiff in the property which may be Address Tenants/Occupants 323 Fifth Street (East Pennsboro Township) Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 14, 2006 UDREN rk J. Udren, ESQ. Attorney for Plaintiff o s; ~~ ..,., IT ri~' I" .-;1".... Z', C!):: 2c ~E :PC --?" ~ ~ c:::;:l c:::;:l 0" ~ G1 --.I ...... " ~ <2 ~ ~,::n 1"1r:: -om -b l:( i3c.) :r:.:H :r-- r, ~....l '3m ~ ~ ~ CP / I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-4994 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 DUSTIN C. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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) Ifproperty 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 $80,143.03 L.L. Interest FROM 11/2/05 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $15.43 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $6,172.00 Atty's Comm % Due Prothy $1.00 Atty Paid $965.30 Other Costs Plaintiff Paid Date: AUGUST 17, 2006 lSR (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J. UDREN, 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. 04302 i ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 323 Fifth Street (East Pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None I ~ 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Mortgage Electronic Registration Systems Inc. P.O. Box 2026, Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, po Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other has knowledge who has any interest affected by the sale: Name person of whom the plaintiff in the property which may be Address Tenants/Occupants 323 Fifth Street (East pennsboro Township) Enolar PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. rk J. Udren, ESQ. Attorney for Plaintiff DATED: August 14, 2006 o S 'S:... ...oc.~' rnr' '--..;>'.. 2:" (/~ .' r:: ;~b ;pc:: -/ ~ -< .A. '""" <= <= <::r" ~ CoJ o ." ~-n rnr=: -om -uc:; (::)(1\ --Lor, :J; ::tJ 0(") 2M:1 o ~ ~ -.l ~ C5 .. co Mortgage Electronic Registration Systems, Inc. VS Dustin C. Kauffman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4994 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 08,2005 at 6:35 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: Dustin C. Kauffman, by making known unto Dustin Kauffman, personally, at 323 Fifth Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09,2006 at 11 :18 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 Dustin C. Kauffman located at 323 Fifth Street, Enola, 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 ofthe action to the within named defendant, to wit: Dustin C. Kauffman, by regular mail to his last known address of 323 Fifth Street, Enola, P A 17025. This letter was mailed under the date of January 05,2006 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 Mark Udren Sheriffs costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified mail Levy Postpone Surcharge Law Journal Patriot News Share of Bills Total: 30.00 17.97 15.00 15.00 0.50 1.00 27.60 1.08 15.00 20.00 20.00 359.00 287.60 21.05 , . / (1.._ 1JOSJO (, 830.80 v -r "" SO \ . <JL SY lJ3 f." ~ I ?9f..J.l ~,~~ R. Thomas Kline, Sheriff By:Jcd.w~ Real Estate Sergeant r UDREN LAW OFFICES, P.C. 'BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 NO. 05-4994 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 323 Fifth Street, (East Pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment lS a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Mortgage Electronic Registration Systems Inc. P.O. Box 2026, Flint, MI 48501-2026 ~ Name and address of every o~ner oerson who has any record :ien on the propert:y: Name Address None 6. Name and address of every other person who has any record interest in the property and wnose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Bo~ 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 323 Fifth Street (East Pennsboro Township) Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, p.e. DATED: November 1, 2005 ~/-~ Mark J. Udren, ESQ. Attorney for Plaintiff , . UDREN LAW OFFICES, P.C. BY: Mark J. ~dren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 NO. 05-4994 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Your house (real estate) at 323 Fifth Street, (East Pennsboro Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $80,143.03, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) , , 'YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALI. THAT <:ERT.AIN lot or parcel of grooiJd situate itt the BOROUGH OF WEST FAIR. VIEW, :COUNTY OF CUMBERLAND AND STATE OF PENNSYL VANIA. more particuiariy bounded and described as follow, U) wit: " Now Known .As lEast Pe:msbc1'o !vp. BEGINNING on the Eastcm sid= 1iac af CCJJCKioguinett Street. at a. poiDt 180 f=t South of the corDm' of CoDodogu:iDett aud West Street; ttaIcc in an Easterly dim:tian a.lmg the line of Lot No. 417 150 feet to tl:Ie Westcm liDc of s. Alley; 1iI!Iacc soutbwardly aioa; S. Alley 60 feet to the carm::r crf Lot No. 38; thtmI;c akmg ibe line of Lot NO. 38 in a westerly directiaIl 145 72 feet to C~ Street; thence aJong me eastern side line of Conodoguinett Street 60 feet to the p}a.cc of BEGINNING. BEING Lots Nos. 39 aDd 40 in the ~ piIDs of ~ made by the Tnzsz=s af the Estate of James McCormick, dec=ued, aDd recorded in th.: Rcconic:rs 0f6a: at Carlisle, cmaberiaud CountY, Pemsyivmia. in PlaD Book No: 1 Page 4. 1IA VJNG THEREON ERECl'ED a Two aad Qno.IUlf Story Frame Dwelling House and otbc:r' out buildings. UNDER. AND stJII,,'IEC'I', ~ to ....~ rcstrictioDs. reservatioDs... MIIliiri~ and. rigbts-of--wa.y of record.. BEING KNOWN AS: 323 FIFTH STREET, (EAST PENNSBORO TOWNSHIP) ENOLA, PA 17025 PROPERTY ID NO. : 45-17-1044-176 TITLE TO SAID PREMISES IS VESTED IN DUSTIN C. KAUFFMAN, SINGLE MAN BY DEED FROM RICHARD M. FRANK SR., SINGLE MAN DATED 8/27/04 RECORDED 8/31/04 IN DEED BOOK 264 PAGE 4826. WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4994 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From DUSTIN C. KAUFFMAN (1 ) You are directed to levy upon the property of the defendant (s land 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) Ifproperty 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 $80,143.03 L.L. $.50 Interest FROM 11/2/05 TO DATE OF SALE MARCH 8, 2006 ONGOING PER DIEM OF $15.43 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,959.61 Atty's Comm % Due Prothy $1.00 Atty Paid $122.00 Other Costs Plaintiff Paid (Seal) ~ Protlionotary By: Date: NOVEMBER 3, 2005 Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: WOODCREST ROAD, SUITE 200 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ill No. 04302 Real Estate Sale # 13 On November 30, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 323 Fifth Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Nov~11l;ber 3Q, 2065 By: J<l~ S~ Real Estate Sergeant ',..., .. .~.. t. ~~ _-,'tf' "'1. . ..,\",~._l . , ,nIl "G~l 8Z :\\ '\J n- hUI' J' , ',\]-,', .'; -"IU_' . ~ ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 ST ATE OF PENNSYL VANIA : 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: January 20, 27, February 3,2006 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. SWORN TO AND SUBSCRIBED before me this __Ldayof February, 2006 ~L. ~d~ Notary .. ,,'" . REAL ESTATE SALE NO. 13 Writ No. 2005-4994 CiVil Mortgage Electronic Registration Systems, Inc. vs. Dustin C. Kauffman Atty.: Mark Udren ALL THAT CERTAIN lot or par- cel of ground situate in the BOR- OUGH OF WEST FAIR VIEW n/k/a East Pennsboro Township, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, more particularly bounded and described as follow, to wit: BEGINNING on the Eastern side line of Conodoguinett Street, at a point 180 feet South of the comer of Conodoguinett and West Street; thence in an Easterly direction along the line of Lot No. 41. 150 feet to the Western line of Slate Alley: thence southwardly along Slate Al- ley 60 feet to the comer of Lot No. 38; thence along the line of Lot NO. 38 in a westerly direction 145 1/2 feet to Conodoguinett Street: thence along the eastern side line of Conodoguinett Street 60 feet to the plate of BEGINNING. BEING Lots No. 39 and 40 in the extension plans of Lots. made by the Trustees of the Estate of James McCormick deceased, and recorded in the Recorder's Office at Carlisle, Cumberland County, Pennsylvania, in Plan Book No. 1 Page 4. HAVING THEREON ERECTED a Two and One-Half Story Frame Dwelling House and other out build- ings. UNDER AND SUBJECT, never- theless, to easements, restrictions. reservations, conditions and rights- of-way of record. BEING KNOWN AS: 323 FIFTH STREET, (EAST PENNSBORO TOWNSHIP), ENOLA, PA 17025. PROPERlY ID NO.: 45-17-1044- 176. TITLE TO SAID PREMISES IS VESTED IN Dustin C. Kauffman. single man by deed from Richard M. Frank Sr.. single man dated 8/ 27/04 recorded 8/31/04 in Deed Book 264 Page 4826. #I ~ .. ., 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 24th and 31st day(s) of January and the 7th day(s) of February 2006. 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 SA L E #13 .. me this 16th day of February 2006 A.D. .. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Dustin C. Kauffman 323 Fifth Street Enola, PA 17025 Defendant(s) NO. 05-4994 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to relating to unsworn falsification Dated: December 1, 2006 BY: Mark J. Udren, Esquire Attorney for Plaintiff ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-4994 Civil Term Dustin C. 323 Fifth Enola, PA v. Kauffman Street 17025 Defendant(s) DATE: September 8, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DUSTIN C. KAUFFMAN PROPERTY: 323 Fifth Street, (East pennsboro Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 6, 2006, at 10:00 am, at the COMMISSIONERS HEARING ROOM, 2~ FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. .,~~ EXH\B\T A i \I-~ '0:\ ~i ~~ ~ :t$ c6\1- <II ' ~q$ <II '/5% '1iI (/)\1- "6- <II U ~ '/5';S ~ . ,!!! ~"O ~~. $ ~;;;<II ~~\I- ~l,Q)-~ Cl .s:;. __ ....' 'ii 0-0 ~"'Q i~~ l"iO ~~.s (/)() g~~ ., ~~ ~'l$"i ~o "i~ 9?' 'i ii ~ 'l\S? '~ ~,~~.-;' CD i::: 1i''ll ~""S~?'i' 'C 1\i - '8 "6 ~ %~ -\ '6 4'.::- ~"io..~ if'" 0 .;0< ~ ~ ~' ~ Q) l).-3~:=:; e ~,toc ls 'J: s. ~ "p. 0 'R l~ l) ~...~ ~_~fJ! ~l~l t~~~ 0;00 "i 'ii"i "i ~...o~ i'lOGl It._OU 0000 \ ',' \\.'~\\t o{~ ~...'!. ,.iIl (7),1 'l ~\'I\\\ \~'_\"e f:~'\~~'-' . ~~ a~\ ... ~ '$ 1 \\li \\o{~~\ !lil~\ 1t .t! , \\\\\\ "\~.i ~l \\~\\ \\~\\\ ~ \t, l ~ \"6il~' "6 if $n. ~ \\\\\\\ 'i\~i- ~~ .,.'1 \ I \ \ i~~ G9"''',//fN, 1 ~' ff ~ 0 1 ::: $ e: \ '" -\90.'Id" :: .Jfo _ :1 \~L ", ~ :7 0' 1~~~~ ~~ ..91'- c:::;...o--- 1. o Q. & Cl .E: _w'\ l .'a '" E ~ 'ii 0.. '" '&\ .16 ~ ~ C') s 'i ~ ~ 'B ~ 1- ~'~l' ~ \ 0. Q"" - Clio4t~ 1 '8tit th u: 0 ';; ';t i '60,& . 'i ~~u~ .16 3116~ ~ ~~~~\ \ 0....- -z. ::>~~ts _.~ 0 'fu ~ 0: ~ ~ o~ % 'd = ~ ~ ~ \~ \'; ~ S ~ I- "'- \3 - It. ,G) ulo. i. o..cO ~on ~ ~ . C"l ~~ (J)~ ~ ~~ _ Ol'-:r.'.;: - ~~.~.o~:~",-'i: ..!i. ~s ~o. ~o. '2 ~'a_ ~S ~<& ~~ ~ ~~ (/)"'- ~i (/)'Z ~ ~~ ~o.. i~ 'i~~ ~ ? _ _ u1 .It, ,4:, 0. 00 ~~ ,It. ~'2:; . o (/)~::. l~~ (.) F- 0 ~'iA I'&~' ~ o'%,o,~ ~6 00 o~ cn~ ~ {f.:r. ~~ ~~ 'it\ .- ... 'Ii w i.L\ W N ,4:, 'Z (/) ~6 5~ ~~ roW ~ o 0 ,0 tI) 0.... 1-'" l:M~~;~-;R~ ~ :: g) ~4t~~V 'I. "'-... U5\" ~ c:p - / " \ ,\. , \ ,. ,~. ~. .' .' .' Q)~ i Ii " " ~ ~t ~ g '10 m a~ '=' i ""f ~3 t;l ~lI!~ on :r. - ~ 0 0 l!$eC: N Ie') \~ \~ ~~3\ 0 ..... ! .... ..... ..... co 01 ..... ..... !4:.(5 ::i \.... IN e') \-. \t') (0 t- i -eo "e '0 Q.. ~ ~ ~ - \ 0- ~ ~ .., , "0- % CJ ! '% ~ ~ ~n l;~: " i% ~ ~1l\ i~""\c ';)"i ~:~ ~~ l- ~ / '1 '<'" ~ .g u.. II> ~ .~" . ~ \i -.0 Eo ~ Ii' ~. J u.. ~l (/) ~::i 0.. E.~\-\\e\\ A _~ ..; l ..' " f Mortgage Electronic Registration Systems, Inc. VS Dustin C. Kauffman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4994 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 21,2006 at 1905 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dustin C. Kauffman, by making known unto Dustin Kauffman personally, at 323 Fifth Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1110 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dustin C. Kauffman located at 323 Fifth Street, Enola, Cumberland County, 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: Dustin C. Kauffman, by regular mail to his last known address of 323 Fifth Street, Enola, P A 17025. This letter was mailed under the date of October 05,2006 and never returned to the Sheriffs Office. ;..~~ R. Thomas Kline, Sheriff I ! - , i BY \,: t dv') c) PYvltt'L Real Estate Sergeant EXHIBIT B (') ~:; "~""'" r-;) c-=> (,::::::> c..."""' o -11 :i! -n fn-- r;:;; ~:tjd "") I ~~~ (~ "1'~~ :'.q .-<; o r.. (J I .:;;- -0 -"'::... - <? Ct:J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Merita~e Mtg Loan Trust 2004-2 Tr is the grantee the same having been sold to said grantee on the 6th day ofDec A.D., 2006, under and by virtue of a writ Execution issued on the 17th day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4994, at the suit ofMtg Elec Re~ Systems Inc against Dustin C Kauffman is duly recorded in Deed Book No. 278, Page 2317. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ and eal of said office this 19 day of Mortgage Electronic Registration Systems, Inc. VS Dustin C. Kauffman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4994 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 21,2006 at 1905 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dustin C. Kauffman, by making known unto Dustin Kauffman personally, at 323 Fifth Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2006 at 1110 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dustin C. Kauffman located at 323 Fifth Street, Enola, Cumberland County, 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: Dustin C. Kauffman, by regular mail to his last known address of 323 Fifth Street, Enola, P A 17025. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren on behalf of Deutsche Bank Trust Company Americas, as Trustee and Custodian for Meritage Mortgage Loan Trust 2004-2 by: Saxon Mortgage Services, Inc. as its-attorney-fact (MERS is acting/has acted as the agent for the realparty in interest or beneficial owner). It being the highest bid and best price received for the same, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Meritage Mortgage Loan Trust 2004-2 by: Saxon Mortgage Services, Inc. as its- attorney-fact (MERS is acting/has acted as the agent for the realparty in interest or beneficial owner) of 4708 Mercantile Drive, Fort Worth, TX 76137, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$918.88. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail Levy Surcharge $30.00 18.02 15.00 15.00 30.00 10.00 1.00 26.40 1.56 15.00 20.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 353.00 301.46 15.94 25.00 41.50 $ 804.81 j ,,-\.'D;a. Vd- \)'V So Answers: , r~~,e'~ R. Thomas Kline, Sheriff BY dllcL-fwi~ Real Estate S geant oe& # 00 J:?:P' 00 -l' \. " ~ ryr.l~ \P 0 ~r'? c,x-- .... \ 'i> ~ ~ , UDREN LAW OFFICES, P.C. ~Y:.Mark J. UdF~n, Esquire ATTY I.D. NO: 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-4994 Civil Term Dustin C. 323 Fifth Enola, PA v. Kauffman Street 17025 Defendant(s) DATE: August 14, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Dustin C. Kauffman PROPERTY: 323 Fifth Street(East pennsboro Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 6. 2006, at 10:00 am, at the Commissioners Hearing Room, 2M Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER . RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. ". 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT' CERT.AJN Jot or parcel of ground situate in the BOROUGH OF WEST FAIRVlEW,.COUNTY OF CUMBERLAND AND STATE ,OF PENNSYLV~ moR particularJyboundedanddesaribedasfoUow,towit: · Now Know A8/Eas-e Peunsboro Twp. BEGImUNG 00. the EutI:m siQc 1iac of Coaodopiacct Street. at a poiot 180 feet South of the COIDIlI' of C~ aad West Street; tbeacc ill an Easterly direcdm along the 1ioe of Lot No. 41, 150 feet to tile Western Uae of Slate Alley; tbaw:c soudawanUy aIoaa SIaa Alley 60 feet to the corner of Lot No. 38~ thence aloaa the line of Lot NO. 38 ill a westerly direetioo. 145 ~ feet to ConocJoauinett Street; thence aJbng the easta1l side line of Conodoguinea Street 60 feet to the pltcc of BEGINNING. RING Lots Nos. 39 sad 40 in the ~ piaas of Lots, made by the Tt\IStr.eS of the Estate of Jsmes MeCormick, decNwt. aud recorded in the Reconicr's 0f6ce ~t Cartisk, CwabarJaud COUDty, p~ in Plan Book No: 1 Page 4. . HAVING THEREON ERECl'ED a Two and Ono-Half Stmy FI'BIIIe DweUiDg Houso and otbc:r out buildings. UNDER. ANJJ stJIUECr, ~ to ...~ tatrictioDs. reservatioDs. ~itinns 8Dd rigJD-of-way ofrecord. BEING KNOWN AS: 323 Fifth Street (East Pennsboro Township) Enola, PA 17025 PROPERTY ID NO. : 45-17-1044-176 TITLE TO SAID PREMISES IS VESTED IN DUSTIN C. KAUFFMAN, SINGLE MAN BY DEED FROM RICHARD M. FRANK SR., SINGLE MAN DATED 8/27/04 RECORDED 8/31/04 IN DEED BOOK 264 PAGE 4826. . 'WRI'f OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4994 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 DUSTIN C. KAUFFMAN (I) 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) Ifproperty 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 $80,143.03 L.L. Interest FROM 11/2/05 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $15.43 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $6,172.00 Atty's Comm % Due Prothy $1.00 Arty Paid $965.30 Other Costs Plaintiff Paid Date: AUGUST 17, 2006 ( Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J. UDREN, 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. 04302 Real Estate Sale # 32 On September 7, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Borough of West Fairview, N/K/ A East Pennsboro Township~ Cumberland County, P A Known and numbered as 323 Fifth Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 7, 2006 By: J () ~"I {mitt Real Estate Sergeant "1Ff1 iru :::::::::::. :~ ;iRJ EO :E d 8 I 8nV QOOl . :~l j~_J ',J :i\l i:J.JH~~fji .:Ljltl3HS 31-11 .:;0 3:Jl.:L:lO o =lfi] 'c:=u=u .C= '.;=2) :=u=u - .. ... 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 1st and 8th day(s) of November 2006. 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 S ALE #32 Sworn to and sub r' t CUMBERLAND COUNTY SHERIFF'S 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 55. 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: October 20, October 27 and November 3, 2006 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. - o AND SUBSCRIBED before me this day of November. 2006 SEAL LOIS E. SNYDER, Notary Public Carlisle Bora. Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 32 Writ No. 2005-4994 Civil Mortgage Electronic Registration Systems, Inc. vs. Dustin C. Kauffman Atty.: Mark J. Udren ALL THAT CERTAIN lot or par- cel of ground situate in the BOR- OUGH OF WEST FAIRVIEW, N/K/A EAST PENNSBORO TOWN- SHIP, COUNlY OF CUMBERlAND AND STATE OF PENNSYLVANIA. more particularly bounded and de- scribed as follow, to wit: BEGINNING on the Eastern side line of Conodoguinett Street, at a point 180 feet South of the comer of Conodoguinett and West Street; thence in an Easterly direction along the line of Lot No. 41, 150 feet to the Western line of Slate Alley; thence southwardly along Slate Al- ley 60 feet to the comer of Lot No. 38: thence along the line of Lot NO. 38 in a westerly direction 145 1/2 feet to Conodoguinett Street; thence along the eastern side line of Conodoguinett Street 60 feet to the place of BEGINNING. BEING Lots Nos. 39 and 40 in the extension plans of Lots, made by the Trustees of the Estate of James McCormick, deceased, and recorded in the Recorder's Office at Carlisle, Cumberland County, Pennsylvania, in Plan Book No: I Page 4. HAVING THEREON EREcrED a Two and One-Half Story Frame Dwelling House and other out build- ings. UNDER AND SUBJECT, never- theless, to easements, restrictions, reservations, conditions and rights- of-way of record. BEING KNOWN AS: 323 Fifth Street (East Pennsboro Township) Enola, PA 17025. PROPERTI In NO.: 45-17-1044- 176. TITLE TO SAID PREMISES IS VESTED IN Dustin C. Kauffman, single man by Deed from Richard M. Frank Sr., single man dated 8/ 27/04 recorded 8/31/04 in Deed Book 264 Page 4826.