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Home My WebLink About06-0483 .. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. Cl <J ~ l ~82..hl CUMBERLAND COUNTY NO.Ob - I..!PJ CHRISTOPHER J KAUFMAN 16 LAUREL DRIVE MECHANICSBURG, P A 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing ,,~th 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 INFORMA nON 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 32 South Bedford Street Carliste, PA 17013 (800)990-9108 File #: 129516 ... File #: 129516 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. .. 1. Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHAITAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER J. KAUFMAN 16 LAUREL DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/27/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1804, Page: 1476. By Assignment of Mortgage recorded OS/27/04 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 708, Page 2901. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1 % 1/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 129516 .. 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01(2005 through 01(24/2006 (Per Diem $17.35) Attorney's Fees Cumulative Late Charges 03/27/2003 to 01(24/2006 Cost of Suit and Title Search Subtotal $107,779.00 2,533.10 1,250.00 0.00 $ 550.00 $ 112,112.\0 Escrow Credit Deficit Subtotal 0.00 708.84 $ 708.84 TOTAL $ 112,820.94 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 112,820.94, together with interest from 01(24/2006 at the rate of$17.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & SCHMIEG, LLP ;2) By: IslFrane;s S. HaIlinan / - LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 129516 , LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern line of Laurel Drive (50 feet wide), which said point is in the division line between Lots Nos. 120 and 121 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 120 and 121, North 18 degrees 58 minutes 50 seconds West, 135 feet to a point in the line oflands now or formerly of Russell S. Eberly and wife; thence along the line of said last mentioned lands, South 71 degrees 01 minute 10 seconds West, 82 feet to a point in the division line between Lots Nos. 119 and 120; thence along the division line between Lots 119 and 120, South 18 degrees 58 minutes 50 seconds East, 135 feet to a point in the northern line of Laurel Drive, aforesaid; thence along the northern line of Laurel Drive, North 71 degrees 01 minute 10 seconds East, 82 feet to a point in the aforesaid line between Lots Nos. 120 and 121, aforesaid, at the point and place of BEGINNING. BEING Lot No. 120 on the Plan of Lots of Spring Run Acres, Section 3, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 29. UNDER AND SUBJECT, NEVERTHELESS, to restrictions and conditions of prior record. BEING the same premises which Paul T. Shearer and Russell S. Eberly, Co-Partners, trading and doing business as Spring Run Acres, by their deed dated September 29, 1967 and recorded in Cumberland County Deed Book 'N', Volume 22, Page 614, granted and conveyed unto Richard D. McGraw and Joan M. McGraw, husband and wife. Joan M. McGraw died June 20,1991, whereupon sole title to said premises became vested in Richard D. McGraw, by virtue of the doctrine of survivorship incident to tenancies by the entireties. PROPERTY BEING: 16 LAUREL DRIVE File #: 1295[6 .. VF.RTFlCA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R C, P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ } iff-- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1.-0s1~ , D Q. -;:.J '- U\ B ~ (f\ ;> lrl. -n .1: ,-\ C) ( . - ,~ 'i ~ ~ \,J r -.J .. IN -:t ~ )J "'V -c.. C> :t::> ,ii -+- r SHERIFF'S RETURN - REGULAR CASE NO: 2006-00483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS KAUFMAN CHRISTOPHER J MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFMAN CHRISTOPHER J the DEFENDANT , at 1548:00 HOURS, on the 2nd day of February 2006 at 16 LAUREL DRIVE MECHANICSBURG, PA 17055 by handing to CHRISTOPHER KAUFMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: DocKeting Service Affidavit Surcharge 18.00 9.68 .00 10.00 .00 37.68 So Answers: r~n-/~~ R. Thomas Kline 02/03/2006 PHELAN HALLINAN Sworn and Subscribed to before By. c h' 7"'- me t lS ~ day of J A.D. ry , . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21S) 563-7000 CHASE HOME FINANCE LLC, SlBfM TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 CUMBERI"AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-483 CHRISTOPHER J. KAUFFMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOT ARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CHRISTOPHER J. KAUFFMAN and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/25/06 to 3/7/06 TOTAL $112,820.94 $728.70 $113,549.64 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ DANIEL G. SC MIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1 DATE f'I."nJ P, :JODi" {l":v!3I47 PRO P OTHY -- II , PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19 t 03 (2t5\ 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE : COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CHRISTOPHER 1. KAUFMAN : NO, 06-483-CIVIL TERM Defendants TO: CHRISTOPHERJ. KAUFMAN 16 LAUREL DRIVE MECHANICSBURG, P A 17055 DATE OF NOTICE: FEBRUARY 23. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WJTH 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 ALA WYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~\\..t -..,~~~ ~" ~; 1-- _ _ - . 'Uv. '-.. , ctLL- F NCIS S. HALLINAN, ESQUIRE orneys for Plaintiff .' . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEy FOR PLAINTIFF CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-483 CHRISTOPHER J. KAUFFMAN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHRISTOPHER J. KAUFFMAN is over 18 years of age and resides at, 16 LAUREL DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. S 'H IEG, ESQUIRE Attorney for P aintiff ~ p ~ (J ~ Tt g 'i- L-0 ~:t~r (n ~ ~ T0 \) "'f- ~)0 r ~ ~ (: <.\ .__i ( J , /----- .. . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-483 CHRISTOPHER J. KAUFFMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on fTbMl j) 200 I", By (!~~ If you have any questions concerning this matter, please contact: ~~~~~ DANIEL G. S'CH IEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" " - . (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, v. No. 06-483 CHRISTOPHER J. KAUFFMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $113,549.64 Interest from 3f7106 to SEPTEMBER 6, 2006 (per diem -$18.67) $3,416.61 and Costs TOTAL $116,966.25 D L G. CHMIEG, ESQUIRE One Pe enter at Suburban Station 1617 J F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. W- <:> r- .... < ~ ~ ? ~ ~ ~ ~~ ~ e 0 .... ~ .-6 ..-. 0) i~ ~ G ~ ~ ~? ~ ~1; ~ '" ~~ ~<t 0) (/)~ ~ p ~~ \;il. '" ~ ~ 0~ 1 .,..:;:. ~~ ~~~ O~ ~ e ~~ '" ~~~ .... .... '" tJ~~ ..; ~ ~ e~ ,;, ~ ~~ P< ~..-.o .. .... 0) ~ ~~ v:> '" ?O<~ ~ .... ~ ~ ~~~ ~! 1 Ou ?O<~o ~ if, ~A ~~u '" ~ 0) % 16 ~~ ~\;il. u ~ .0 Vl ';.~ U ~ :? .{, j1 ~ \Z-< ~~ ~~ ~ ~u -r ~? u u / ,.1 y---,' a iI~ ~ N :r .(::Q - li) ':: - \)-:f :::r- a- V) --d~ "- ~ ~ ~ - '-J - -- " r-~ \ \ <J ~ a Ul 1;~ 00... () ~ <) ~ ~ - c)r:1 -O-!J lJ) ~ 'U> ~ '<;fr U) ~ ~ c:J <i \)"" _ N) ~ "I:7'l- .~ DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern line of Laurel Drive (50 feet wide), which said point is in the division line between Lots Nos. 120 and 121 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 120 and 121, North 18 degrees 58 minutes 50 seconds West, 135 feet to a point in the line oflands now or formerly of Russell S. Eberly and wife; thence along the line of said last mentioned lands, South 71 degrees 01 minute 10 seconds West, 82 feet to a point in the division line between Lots Nos. 119 and 120; thence along the division line between Lots 119 and 120, South 18 degrees 58 minutes 50 seconds East, 135 feet to a point in the northern line of Laurel Drive, aforesaid; thence along the northern line of Laurel Drive, North 71 degrees 0 I minute 10 seconds East, 82 feet to a point in the aforesaid line between Lots Nos. 120 and 121, aforesaid, at the point and place of BEGINNING. BEING Lot No. 120 on the Plan o(Lots of Spring Run Acres, Section 3, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 29. UNDER AND SUBJECT, NEVERTHELESS, to restrictions and conditions of prior record. BEING the same premises which Paul T. Shearer and Russell S. Eberly, Co-Partners, trading and doing business as Spring Run Acres, by their deed dated September 29, 1967 and recorded in Cumberland County Deed Book 'N', Volume 22, Page 614, granted and conveyed unto Richard D. McGraw and Joan M. McGraw, husband and wife. Joan M. McGraw died June 20,1991, whereupon sole title to said premises became vested in Richard D. McGraw, by virtue of the doctrine of survivorship incident to tenancies by the entireties. Being Parcel # 42-28-2421-101 Control #42002553 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Christopher J. Kaufman, by Deed from Kelly Koontz, Executrix of the Estate of Richard D. McGraw, dated 8-24-01, recorded 9-28-01 in Deed Book 248, Page 2822. Premises: 16 Laurel Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania , WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLV ANIA) COUNTY OF CUMBERLAND) NO 06-483 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (5) From CHRISTOPHER J. KAUFFMAN (t) 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 $113,549.64 1.1. $.50 Interest FROM 317106 TO 9/6106 - (PER DIEM - $18,67) - Atty's Comm % Due Prothy $3,416.61 AND COSTS $1.00 Atty Paid $119,68 Plaintiff Paid Date: MARCH 15, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CHRISTOPHER J. KAUFFMAN NO. 06-483 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, / DANIEL G SCHMIEG, ESQUIRE Attorney for Plaintiff - - CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER J. KAUFFMAN NO. 06-483 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE HOME FINANCE LLC. SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,16 LAUREL DRIVE, MECHANICSBURG, PA 17055. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER J. KAUFFMAN 16 LAUREL DRIVE MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK, USA, NA ONE CHASE PLAZA, T-5 CLEVELAND, OH 44113 S. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 16 LAUREL DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. March 14. 2006 DATE HMffiG, ESQUIRE laintiff CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 06-483 v, CHRISTOPHER J. KAUFFMAN Defendant(s). March 14,2006 TO: CHRISTOPHER J. KAUFFMAN 16 LAUREL DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at .16 LAUREL DRIVE, MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $113.549.64 obtained by CHASE HOME FINANCE LLC. S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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. r ( 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. lfthe 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 maybe 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern line of Laurel Drive (50 feet wide), which said point is in the division line between Lots Nos. 120 and 12 I on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 120 and 121, North 18 degrees 58 minutes 50 seconds West, 135 feet to a point in the line oflands now or formerly of Russell S. Eberly and wife; thence along the line of said last mentioned lands, South 71 degrees 01 minute 10 seconds West, 82 feet to a point in the division line between Lots Nos. 119 and 120; thence along the division line between Lots 119 and 120, South 18 degrees 58 minutes 50 seconds East, 135 feet to a point in the northern line of Laurel Drive, aforesaid; thence along the northern line of Laurel Drive, North 71 degrees 0 I minute to seconds East, 82 feet to a point in the aforesaid line between Lots Nos. 120 and 121, aforesaid, at the point and place of BEGINNING. BEING Lot No. 120 on the Plan of Lots of Spring Run Acres, Section 3, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 29. UNDER AND SUBJECT, NEVERTHELESS, to restrictions and conditions of prior record. BEING the same premises which Paul T. Shearer and Russell S. Eberly, Co-Partners, trading and doing business as Spring Run Acres, by their deed dated September 29, 1967 and recorded in Cumberland County Deed Book 'N', Volume 22, Page 614, granted and convcyed unto Richard D. McGraw and Joan M. McGraw, husband and wife. Joan M. McGraw died June 20, 1991, whereupon sole title to said premises became vested in Richard D. McGraw, by virtue of the doctrine of survivorship incident to tenancies by the entireties. Being Parcel # 42-28-2421-101 Control #42002553 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Christopher J. Kaufman, by Deed from Kelly Koontz, Executrix of the Estate of Richard D. McGraw, dated 8-24-01, recorded 9-28-01 in Deed Book 248, Page 2822. Premises: 16 Laurel Drive, Mechanicsburg, P A 17055 Cumberland County Pennsylvania I .. RightFax 3/20/2006 4:21 PAGE 001/001 Fax Server )i PHELAN HALLINAN & SCHMIEG, LLP. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 JQSEPB GAllDEILJS UpI AaliltaDt, E:Il. 1218 Repr_bIg Le:aden in PeJlIIIYIvIlIIia IUId N.... Jeroey March 20, 2006 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717.240-6397 Re: CHASE HOME FINANCE llC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v, CHRISTOPHER J, KAUFMAN No, 06-483 Premises: 16 LAUREL DRIVE, MECHANICSBURG, P A 17055 Dear Jody: Please STAY the Sheri1l's Sale of the above reJ.erenced property, which is scheduled fur SEPTEMBER 6, 2006. The sum of$8,874.19 was received in consideration fur the stay, Please return the original writ of execution to the ProthollOWy as soon as possible, Very truly yours, JOSEPH GARDELLIS