The URL can be used to link to this page

Home My WebLink About06-0580 .. 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 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INe. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NoDi&, - ~p{) Ciu;l~{ CUMBERLAND COUNTY JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 Defendants 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 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 MAYBE 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 Carlisle, PA 17013 (800)990-9108 File #: 129685 .. File #: 129685 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 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/30/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1748, Page: 1766. By Assignment of Mortgage recorded 08/15/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 689, Page 2043. 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 #: 129685 . 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 01/25/2006 (Per Diem $10.52) Attorney's Fees Cumulative Late Charges 01/30/2002 to 01/25/2006 Cost of Suit and Title Search Subtotal $66,780.09 1,546.44 1,250.00 102.09 $ 550.00 $ 70,228.62 Escrow Credit Deficit Subtotal 0.00 250.79 $ 250.79 TOTAL $ 70,479.41 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 Sheriff's 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 haslhave 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 70,479.41, together with interest from 01/25/2006 at the rate of$10.52 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 ,f~. /?-(;.u.~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff , File #: 129685 LEGAL DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated AU gust 31, 1987 and recorded September I, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffman, single man, individually. File #: ] 29685 . . VF.RTFTC'ATTON 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 tirne 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. h / k/!~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: / /~S/o6 / ~\~ ...2::. l.I) ...::t () ~ ~ ~l?- -'/.- -L ~ ~ tr) -l;.\ (""') ~~ -.]f fY"- ~;~< '(f':',. ~~::.'- 7{~-~ "'~-l -:::.:, o -fl -:1..... rn~ """'0 -:}~ I}:' ~~,:~~ -0 ':~.~ -:;:;. !~ , -, --\ '-t: 'ii) ~, - .- v) (~ ~ c'::) 0.... '- ~'"" ~ r-' -' ..'-- SHERIFF'S RETURN - REGULAR . CASE NO: 2006-00580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KAUFFMAN JEFFREY D ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN JEFFREY D the DEFENDANT , at 0830:00 HOURS, on the 3rd day of February, 2006 at 329 WEST PENN STREET CARLISLE, PA 17013 by handing to CHARISE KAUFFMAN, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40 .r~ -"'<.~ R. Thomas Kline 02/03/2006 PHELAN HALLINAN SCHMIEG A.D. Sworn and Subscribed to before By: '" me this '7 ~ day of ,~ SHERIFF'S RETURN - REGULAR , CASE NO: 2006-00580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KAUFFMAN JEFFREY D ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN CHARISE M the DEFENDANT , at 0830:00 HOURS, on the 3rd day of February, 2006 at 329 WEST PENN STREET CARLISLE, PA 17013 by handing to CHARISE KAUFFMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~v ..~~. -~~ ."::....~"!<-<;_<!..f' -'~ 'I' "'". _.~" ~........ '..... .~ # .," / " R. Thomas Kline 02/03/2006 PHELAN HALLINAN SCHMIEG me this txJ' 7 ~ day of Sworn and Subscribed to before By: 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 (215) 563-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILLS, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-580 JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEFFREY D. KAUFFMAN and CHARlSE M. KAUFFMAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/26/06 to 3/9/06 TOTAL $70,479.41 $441.84 $70,921.25 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. DAMAGES ARE HEREBY ASSESSED AS INDICATED 1J. ~. DATE. (Y/".,,/.. ,'0, ,00(., oft;;/, --' 7 PR ROTH ... 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, PA 19103 (? 1)) )01.7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/BIM TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendants : NO. 06.580 TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 FILE. C(~"" tn' " . DATE OF NOTICE: FF:RRTTARY 24 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 19103 (71';) Wl.7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS :COURTOFCOMMONPLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEFFREY D. KAUFFMAN : NO. 06-580 CHARISE M. KAUFFMAN Defendants TO: CHARlSE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 fiLL ''1,'' 'J' , ,; ~lii DATE OF NOTICE: FFRRlJARV 24 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 PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys fot 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 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-580 JEFFREY D. KAUFFMAN CHARlSE M. 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 of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEFFREY D. KAUFFMAN is over 18 years of age and resides at, 329 WEST PENN STREET, CARLISLE, PA 17013. (c) that defendant CHARlSE M. KAUFFMAN is over 18 years of age, and resides at, 329 WEST PENN STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. S HMIEG, ESQU Attorney for Plaintiff (j)J0~ ~+~~~ -/ - -t: -v r ~ ~ ~ "$ {;J v- \ ': ~~1: ~ r } 'Ii .>>.' - , . . '. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-580 JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on fYl'An (' L. I () 200(". By ?l4y If you have any questions concerning this rnatter, please contact: DANIEL G. SItHMIEG, ES Attorney for Plaintiff ONE PENN CENTER AT SUB STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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. ** .- - (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintift~ v. No. 06-580 JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $70,921.25 ./ Interest from 3/9/06 to SEPTEMBER 6, 2006 (PA adlym~) TOTAL $2,110.46 and Costs -$ 2SQ,5D $73,031.71 L- NIEL . SCHMIEG QUIRE One P Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. tt' L \J.)~~:;' ~:~(1S) /,.~ i:~: to.w- :;d \.0 IJ..f-: ",,,, ........ 0::>0::> ........ ........ ~~ ~~ ~~ ~~ ...S '8 VV (.) \i\i O~ O~ ~ ~ rJ'1 I-' ~ '5 ~~ ~~ '$~ ~~ t ~~ ~~ ...:lrJ'1 ~~ if> p,.,Z <150 '$ '$ ~~ ZZ " p ~~ -fl-' ...... ...'" Z~ ~ .~ ...... 0'" ~~ ~~ " e '$ ~ );'$ ~~ ~~ if> O~ J, 'i5 ~~ pi ~~ ~~ ~ vZ .. ~~ 'OS P< ~o ~~ ::t<~ ~~ " o~ 0... 4'. ~ ------ v "'i ",,,, ~~ ~o ...~ ~ '-' ...~ ;;, ~ S~ ...~ if> ~V " ';.t v ~ '5~ ~ ~ -0 Y4 ~ 4. ~% ~...:l IJ.< ~~ ~ ~';l ~ -r v c " - -+-' -j- CJ: -..J \..) r:;: t:.:J C) VJ f7r "..., ~~ c-~ c-0~ ~- , "\~ dl- .- - - ...- ~ , ;s; ~:~ .~,~i)~ :l'~; .-iL).... ;':":) U - - "'- ..<":.. :z:: \,,$- o ,-.c:> """ c' ..... - " - , DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line ofa 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-112 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated August 31, 1987 and recorded September 1, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffman, single man, individually. Being Parcel # 05-20-1798-018 Premises: 329 West Penn Street, Carlisle, PA 17013 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Charise M. Kauffman, husband and wife, by Deed from Leon E. Kauffman, single man, individually, dated 9-8-97, recorded 9-12-97 in Deed Book 164, page 415. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-580 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE INC. Plaintiff (s) From JEFFREY D. AND CHARISE M. KAUFFMAN, 329 W. PENN ST., CARLISLE P A 17013 (I) You are directed to levy upon the property of the defendant (sland to sell REAL ESTATE LOCATED AT 329 W.PENN ST., CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,921.25 L.L. .50 Interest FROM 3/9/06 TO 9/6/06 @ $10.52 PER DIEM - $259.50 Atty's Corum % Due Prothy $1.00 Atty Paid-538.48 11 (?O' 'fO Plaintiff Paid Date: MAY 11, 2006 Other Costs (Seal) c~~ CURTIS R~ 1 Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@SUBURBANSTATION 1617 JFKBLVD., STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINNTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN NO. 06-580 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. ~.-- /.-----' () ,.., 0 = C (',:'':J. ..., ~,,"" ,O~ -rj -w' ,..... r -~. :l--:O IT :x,;.,;> rn- -< _F. -' ..<- - ~l~C) (" w'; - ~i~~'. r:: ..~- ~ ~~~:~ ~y~- 2~: ~:--: , ' -";0. ~~, - () r-n F - ,-\ 'T>' :2 v:> ~ - ,- WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN NO. 06-580 Defendant(s). AFFIDA vrT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK, N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .329 WEST PENN STREET, CARLISLE, PA 17013. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(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) JP Morgan Chase Bank as Trustee, C/O Residential Funding Corporation 2255 North Ontario, Suite 400 Burbank, CA 91504 5. Name and address of every other person who has any record lien on the property: Narne 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 329 WEST PENN STREET CARLISLE, P A 17013 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 sl!bject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsif~on to authorities. \ I May 9,2006 DATE () ....., 0 = S c:;:> .. ~~ ~ ::-r:: .-< 'T ):'J'" nl -n -,~ F -0 m ~;~36 .,..' ~r; "" ~~~IS ::;:: c Z,j;TI - , .-i -":.... ~.e;~ :~ c.'" ~ '< ---.-- WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 06-580 v. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant(s). May 9,2006 TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, PA 17013 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Your house (real estate) at, 329 WEST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs 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 $70,921.25 obtained by WELLS FARGO BANK, N.A.. S/B/M TO WELLS FARGO HOME MORTGAGE, INC. (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 Sheriffs 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 judgrnent, 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. 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 (215) 563-7000. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as ifthe 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 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 \"" ~ .;Y '\ L - \.N 0 ~ ,i: o ~:;; -or."t, rr'! . >~ . ;2_:>;~_ . J~~C ?- J~' ~~" :.2 0.) (). --... V' --... c:u ~ ~ yo1\?1- - - -' <::> G~ 6. . 'd ~ DO i;:- ':; () --..------"' - .-., = = d' ~ ~ - - o ., .... :t-n n1F ~tT1 ._>,C;:' (-~(':} );!~X; ~~~ n~ ":& ,< ? ::r:. r.....) tv - PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 i Wells Fargo Bank, N.A., slb/m to Wells Fargo Home I Mortgage, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cwnberland County Jeffrey D. Kauffman Charise M. Kauffman Defendants No. 06-580 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 27, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". ! 2. Judgment was entered on March 10,2006 in the amount of$70,921.25. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriff's Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance I with Pennsylvania Rule of Civil Procedure 3129.3. I 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint I was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $10.75 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $66,780.09 3,987.83 102.09 1,250.00 1,007.00 1,448.40 45.00 0.00 0.00 0.00 3,140.50 632.38 TOTAL $78,393.29 5. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 6. Under the terms ofthe Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion ofthe figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:~ Phelan Hallinan & Schmieg, LLP By: -MiChele M. BradfOrd,:Uire 0 Attorney for Plaintiff I. PHELAN HALLINAN & SCHMIEG, LLP . by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home I Mortgage, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey D. Kauffman Charise M. Kauffman Defendants No. 06-580 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 329 West Penn Street, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security ofthe Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, ifany. L II. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date ofthe impending Sheriff's sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, I Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. I ! : IV. A TIORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the I Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty. 662 A.2d 1120 (Pa. L Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees I and costs as it deems reasonable. v. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien : is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman I v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly without the requested amended judgment, and ifthere is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court i has the inherent power to correct ajudgment to confonn to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the tenns ofthe Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal I proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tenns of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP IDATE:~ Michele M. Bradford, Esqu e Attorney for Plaintiff By: Exhibit "A" 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 WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 ST A TEVIEW BOULEVARD FORT MILL, SC 29715 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ol&. - .s;pO Plaintiff v. CUMBERLAND COUNTY JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN 329 WEST PENN STREEf CARLISLE, P A 17013 o , ~ ~}." u ixi ~ ~ ITlr'(t A~ ,~';J;': Defendants <&~, ~ ~ 'Yt:C~('~ 1<c CIVILACflON-LAW ~~~~ ~,p COMPLAINT IN MORTGAGE FORECLOSURE '?:~*-)O~?;' NOTICE . l./jI ~ Cle.> ;(1fj2.,\ f"o,) 0 = c:::t " ~ (... ~:o :P0- %: 8~ N -.J -,C) -0 ~k.::1 ::it ~",!o <t? 610 ,...... ":!> :0 w ~ 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 nus PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, TInS OFFICE MAYBE ABLE TO PROVIDE YOU WITII 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 Carlisle, P A 17013 (800)990-9108 ~,. ~.'~i~.. A. '" ..~~. A.~ ~, . 7.-,' -,... .:<..; ... r"'~ ..,'.... ,If "'-i .".r::' , ;,':1.'..... , .<",' .'.....1), ." I:" ...." '. ',: 'I>.'.,' (,n~,;y -\.. /;' :,".r.. ...,~~ ~-., .1/~r<'~11 ";' .IV"" l'j . . : ~~' Pse.teb . WIthin t '.Y C~rtlfv tr.. , f>r, .0 Oft' - i " He. ".~.'J)'Cj.r;..!.. .. (J (w ;"rri'6" . ';t;f;:i;<~.:~ ;fi~:~y_~t'. ~h~/~n(l " . (;.' l p,... , ....\....01 (~ Fi1ef#; 129685 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHaADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DNISION TERM NO. CUMBERLAND COUNfY v. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 Defendants CIVIL AcrION - 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 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 wrrn: INFORMATION ABour HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU wrrn: INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVlcag TO ELlGmLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 .!\It? :7JlfHr':0'h\;1 ,><",.r':','iv th ;'~.-'l;'t-/ ':'_;:i;i")!~ :~~"--~~ '-:"_:~!~'~:il~ J .~~ ~.lid ,'>i ;;JJ~:;P;; tu 'lEi; iJ);:JlrliU ~~ rli.~~!~ 1i,:::sl'l>""'"ffl ;.' -,,:.:.-ll;' '0 iJ U File #: 129685 File #: 129685 IF THIS IS THE FIRST NOnCE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. fi 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 SENDDEFENDANT(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 AFI'ER 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 TOtS CO~LAINT, TIlE LAW REQUIRES US TO CEASE OUR. EFFORTS (THROUGH LITIGATION OR OmERWISE) 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 COLLECf A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLSF ARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 ST ATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/3012002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1748, Page: 1766. By Assignment of Mortgage recorded 08/15/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 689, Page 2043. 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 #: 129685 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 0112512006 (per Diem $10.52) Attorney's Fees Cumulative Late Charges 01130/2002 to 01125/2006 Cost of Suit and Title Search Subtotal $66,780.09 1,546.44 1,250.00 102.09 $ 550.00 $ 70,228.62 Escrow Credit Deficit Subtotal 0.00 250.79 $ 250.79 TOTAL $ 70,479.41 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 haslhave 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, PLAlNTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,479.41, together with interest from 01/2512006 at the rate of $10.52 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 HAL~. .ANAN & & SCHMIEG, LLP . ~-/ ~~."., By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 129685 LEGAL DESCRIPTION ALL mAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-112 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated AUgust 31, 1987 and recorded September 1, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffman, single man, individually. File #: 129685 VF,RTFJ~A TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for pLAJNTIFFr , 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. ~/kL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: '~S~6 , Exhibit "B" ~.. .. . P~LAN 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 (215) 563-7000 WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVlEW BOULEVARD FORT MILLS, SC 29715 CUMBERLAND COUNTy COURT OF COMMON PLEAS v. Plaintiff, CIVIL DIVISION JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN NO. 06-580 DeCendant(s). TO THE PROTHONOTARY: PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Kindly enter an in rem jndgment in favor of the Plaintiff and against JEFFREy D. KAUFF'!\fAN aDd CIlARlsE M. KAUFFI\fAN, Defendant(s) for failure to file an Answer to Plainti/l's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/26/06 to 3/9/06 TOTAL $70,479.41 $441.84 $70,921.25 I hereby certifY that (I) the addresses of the Plaintiff and Defendant( s) are as shown ahove, and (2) that notice has been given in accordance with Rule 237.1, COpy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PROPROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess I Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn I falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE:~ Michele M. Bradford, EsqUl Attorney for Plaintiff By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey D. Kauffman Charise M. Kauffman Defendants No. 06-580 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Jeffrey D. Kauffman Charise M. Kauffman 329 West Penn Street Carlisle, P A 17013 DATE:. Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esqui Attorney for Plaintiff By: j<; ~-^~ " Wells Fargo Bank, NA, s/b/m to Wells Fargo Home Mortgage, Inc. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Jeffrey D. Kauffman, Charise M. Kauffman, Defendants : 06-0580 CIVIL ORDER OF COURT AND NOW, this 9th day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 28, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, "'~ M. L. Ebert, Jr., Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~rey D. Kauffman Charise M. Kauffman Defendants " p..,.r:}p t{JJ o bas /'Phe..\a.~ 1-\ 0..\1\ 0 o..n I d~. .- '; . , i . i I I , 1 ,UNrr.~~~t~~~wno 61:01 WV 6- SOV 900Z AtN10NOH10l:id 3H1:10 3Ol:J~O..{l311:1 1------ IN THE COUR OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRA ORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Site 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., /hIm to Wells Fargo Home Mortgage, Inc. vs. Jeffrey D. Kauffman Charise M. Kauffinan D fendant Court of Common Pleas Civil Division Cumberland County No. 06-580 CERTIFICATION OF SERVICE I, MICHELE M. B DFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Dam ges noting a Rule Return date of August 28, 2006 has been served upon the following pers ns: Jeffrey D. Kauffinan Charise M. Kauffinan 329 West Penn Street Carlisle, P A 17013 Date: EG, LLP By: Michele M. Brad Attorney for Plai e ....., = ~ = :s:: ..... -ou; ,.. :t! 'i ; n1rT' c:: m::!l "'7'''''-', ..., ZC'" -alii ~f.L~ '" -06 ~{': b ::::t ~rj !~2 ".. --:1- -r~ :x 9~ :f;c "'" c::::! (5' ~ N :s N '< PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey D. Kauffman Charise M. Kauffman Defendants No. 06-580 MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on August 9,2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on August 15,2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 28, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. ~~~ Date t _ PHELAN HALLINAN & SCHMJE~LP Michele M. Bradford, Esquire U Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty.I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 1, 2006. A Rule was entered by the Court on August 9, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 15,2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 28, 2006 upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ~ 5 Michele M. Bradford, Esquir Attorney for Plaintiff , . Exhibit "A" Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ......-- - v. Jeffrey D. Kauffman, Charise M. Kauffman, Defendants : 06-0580 CIVIL ORDER OF COURT AND NOW, this 9th day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 28, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ~~ M. L. Ebert, Jr., Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Jeffrey D. Kauffman Charise M. Kauffman Defendants bas lZ- (~ . . Exhibit "B" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. tmAD'FORD, Esquire Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ..~~~~- ~.....,.~.~-:::::-'~ ...~ -~ Wells Fargo Bank, N.A., slblm to Wells Fargo Home Mortgage, Inc. Court of Common Pleas Plaintiff Civil Division Cumberland Countl] ~ 0 r:: ~ -n 'U ~ ):Ia ~.-n rnfT1 ~ n,p ;;: E"-' LI t3 (f),'': ........ ;p) L -<0-'. ...... ':::.;0 C:C :0- ~j:l ? C :::K ~;;? 0 ~g 0 om z .. ~. =< N /~- -~;;;--.~:; ~ I, MICHELE M. BRADFORD, Esquire, hereby certify tha~~~~' Motion to Reassess Damages noting a Rule Return date of August.~~~~m,_~ upon the following persons: P. f~S ~,:.';O:.....,..,.~' ~,.~".....~.... ...~ Jeffrey D. Kauffman __,....."'~..,~.~. ,.,.,..-~ Charise M. Kauffman 329 West Penn Street Carlisle, P A 17013 vs. Jeffrey D. Kauffman Charise M. Kauffman Defendant No. 06-580 CERTIFICATION OF SERVICE Date: 8/1) j,; / EG, LLP By: Michele M. Brad Attorney for Plai VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. 5\~~ Date ~ Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey D. Kauffman Charise M. Kauffman Defendants No. 06-580 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Jeffrey D. Kauffman Charise M. Kauffman 329 West Penn Street Carlisle, P A 17013 ~~~ ---(;) :hele M. Bradford, Esqwr . Attorney for Plaintiff n ~:'- .....'" t:::::::> (:~<) C:.',\ .....",... GO) C,) "0 -."'.;,,, -,.,. N .. a C) , , ," PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey D. Kauffman Charise M. Kauffman Defendants No. 06-580 ORDER 5 SEP 0 1 200~ \h AND NOW, this e day of ~~t. ,2006, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby the Prothonotary is ordered to amend the judgment as follows: made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and Principal Balance Interest Through 9/6/06 Per Diem $10.75 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallB PO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $66,780.09 3,987.83 102.09 1,250.00 1,007.00 1,448.40 45.00 0.00 0.00 0.00 3,140.50 632.38 TOTAL $78,393.29 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. q -- r-D(P BYI1,UZ ~~ ~ J. ~ ~~ \flI<;; ~ L~J :\\ ""() ~ ., ------ - -- PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE,INC. : CUMBERLAND County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 06-580 JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN :PHS # 129685 Defendant(s) PRARC:IPR TOVAC:ATR .IlJnGMRNT ANn MARK CASR nIsc;ONTINlJRn ANn RNnF,n WHITOlJT PRKllJnTC:R TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered against JEFFREY D. KAUFFMAN and CHARISE M. KAUFFMAN, Defendants, in the amount of $ 70, 921.25 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. ~1l C?ilhmLe. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff Dated: September 5, 2006 t ~ (N ...c ~ \)' ()--fA. i~ 8 t1 :tJ tv p:: ~-1- ,..." = = ~ (.J') rn -0 N CJl \. L. s~; ?, =2 o -n --I ::C,,, [1E ~B8 ';' s:.: C-+1 -u (20 3: om .r;:- -=4 .. ?:O o ~ Wells Fargo Bank, N.A. slblm To Wells Fargo Home Mortgage, Inc. VS Jeffrey D. Kauffman and Charise M. Kauffman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-580 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 .50 220.64 15.00 15.00 15.00 8.80 19.31 359.00 473.00 $ 1187.25 / 9/.U JIJI, ~ So Answers: R.~~:rL Byd~ Real Estate S rgeant \ ' :>1) CJ~ 5' 5 it l..J Ru- / S 3:J-U 0 ... , WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC. .. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JEFFREY D. KAUFFMAN CHARlSE M. KAUFFMAN NO. 06-580 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK. N.A.. SIB/M TO WELLS FARGO HOME MORTGAGE. INC. , 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 .329 WEST PENN STREET. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be. reasonably ascertained, please indicate) JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 CHARlSE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 2. Name and address of Defendant(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) JP Morgan Chase Bank as Trustee, C/O Residential Funding Corporation 2255 North Ontario, Suite 400 Burbank, CA 91504 5. 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 329 WEST PENN STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 su . ct to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsi ation to authorities. Mav9,2006 DATE 8 n :2 d L I ^ VW qOOZ ;-', : i...; ~, .-: 1'__' .:L:l I d 3 H S 1 :J CJ ::;~) I.:U C WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 06-580 v. JEFFREY D. KAUFFMAN CHARISE M. KAUFFMAN Defendant( s). May 9, 2006 TO: JEFFREY D. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 CHARISE M. KAUFFMAN 329 WEST PENN STREET CARLISLE, P A 17013 **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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 329 WEST PENN STREET. CARLISLE. P A 17013. 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$70.921.25 obtained by WELLS FARGO BANK. N.A.. SIBIM TO WELLS FARGO HOME MORTGAGE. INC. (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: 1. 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, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 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, PA 17013 r DESCRIPTION , ALL THAT certain lot of ground with the improvements thereon erected, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of West Penn Street, the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a certain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a northerly direction along property late of Robert Thompson, a distance of 169.35 feet to the line ofa 16 foot wide alley; thence along the southern line of the said alley in a western direction, a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direction, a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly direction, a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street, Carlisle, Pennsylvania 17013. Including right to Grantees, their heirs, or assigns, to use the 3 foot area-way or alley between the property herein conveyed and the property immediately joining it on the East, jointly with the owner and occupants of the property immediately adjoining on the East, as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian, his wife by Deed dated August 31, 1987 and recorded September 1, 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X, Volume 32, page 210, granted and conveyed unto Leon E. Kauffman, single man, individually. Being Parcel # 05-20-1798-018 Premises: 329 West Penn Street, Carlisle, P A 17013 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Charise M. Kauffman, husband and wife, by Deed from Leon E. Kauffman, single man, individually, dated 9-8-97, recorded 9-12-97 in Deed Book 164, page 415. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COuNTY OF CUMBERLAND) NO 06-580 Civil CIVIL ACTION -LAW . TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. S/B/M TO WELLS FARGO HOME MORTGAGE INC. Plaintiff (s) From JEFFREY D. AND CHARlSE M. KAUFFMAN, 329 W. PENN ST., CARLISLE P A 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 329 W.PENN ST., CARLISLE PA 17013 (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 $70,921.25 L.L. .50 Interest FROM 3/9/06 TO 9/6/06 @ $10.52 PER DIEM - $259.50 Atty's Comm % Due Prothy $1.00 Arty Paid~ f"/:?O. cfo Other Costs Plaintiff Paid Date: MAY 11, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINNTlFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale # 34 On May 22, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Carlisle, more fully described on Exhibit "A" r\\ ./ ....\ '\ Known and numbered as 329 West Penn Street, filed with this writ and by this reference incorporated herein. o ,,'\ Date: May 22,2006 By: \J L~ d ((c--SiJ1j ~ ill Real Estate Sergeant 8t! :2 d L I kVW qUUl , _' ";. \ -:'d~\ {:, 'j \f.: t, t ;/1:..1 i'~ ',i t\...L](j~ ~ll"'" 'Jj\B3\-IS 3Hl .:10 38U.:lO .-- '::t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularlx 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: July 21, July 28, and August 4, 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. 1[ SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 r NOTA IAL SEA I LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 r REAL ESTATE SALE NO. 34 Writ No. 2006-580 Civil Wells Fargo Bank. NA. s/b/m to Wells Fargo Home Mortgage. Inc. vs. Jeffrey D. Kauffman and Chartse M. Kauffman Atty.: Daniel Schmieg DESCRIPTION ALL THAT certain lot of ground with the improvements thereon erected. situate in the Fourth Ward of the Borough of Carlisle. Cumber- land County. Pennsylvania. bound- ed and described as follows: BEGINNING at a point on the northern line of West Penn Street. the said point being in the center line of a certain 3 foot wide alley or area-way and about 78 feet 2 inches West of the western line of a cer- tain public alley extending North and South between Penn and Lincoln Streets; thence by the center line of the said 3 foot alley in a north- erly direction along property late of Robert Thompson. a distance of 169.35 feet to the line of a 16 foot wide alley; thence along the south- ern line of the said alley in a west- ern direction. a distance of 18 feet to the line of other property late of Robert Thompson; thence by the latter property in a southerly direc- tion. a distance of 169.35 feet to the line of West Penn Street; thence by the said street in an easterly di- rection. a distance of 18 feet to the point and place of beginning. The said lot being improved with a 2-1/2 story frame dwelling known as 329 West Penn Street. Carlisle. Pennsylvania 17013. Including right to Grantees. their heirs. or assigns. to use the 3 foot area-way or alley between the prop- erty herein conveyed and the prop- erty immediately joining it on the East. jointly with the owner and occupants of the property immedi- ately adjoining on the East. as set forth in Deed Book 8M 589 in the Recorder of Deeds Office for Cumberland County. Being the same premises which Markian R. Slobodian and Lisa Bechtel Slobodian. his wife by Deed dated August 31. 1987 and re- corded September 1. 1987 in the Office of the Recorder of Deeds for Cumberland County in Deed Book X. Volume 32. page 210. granted and conveyed unto Leon E. Kauffman. single man. individually. Being Parcel # 05-20-1798-018. Premises: 329 West Penn Street. Carlisle. PA 17013 Cumberland County Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeffrey D. Kauffman and Chartse M. Kauffman. husband and wife. by Deed from Leon E. Kauffman. single man. individually. dated 9-8-97. recorded 9-12-97 in n.o..o.,.t t:::lnnlT 1~.d n~ d'P 41 fi_ , .. 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 smce; 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 19th and 26th day(s) of July and the 2nd day(s) of August 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 #34 Sworn to and su ~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,,' " '1' '!>'1\ dE~ AIL THAlca:lliil.IlltO{p'OUIIIl With the '. .................. in the ~ ......'. \.!~.....~" .;".1'0.-".1. FoUIlIl, ..11I. ,. . ...!,!" """...... ~Couaty.'. ... . . .1lOOoded and desaibedas ~ ./ BBGINNJNG at a poill: '" lhc DIriIem line of WatPtasa.... ...........dle,cata' _ <If acataiD3 hlt.~or...end aboutJI" 2 ....ot:_....liae of a. callIIn.... '.pubIic. ..'c. aIJq .........'.....'.... .'....... ..'...South.' bcIweca_. ~ ~~1Iy die ceaIer IiDe of t\Je SlIjjl3 foot a\Jey in ..1lIlI'llaiy ~~"of""~ a.,..... <If.~.3S. feet f8 dleliae <If a 16 foot widellley." ~!he ~.ofdle _.ia....,.~.~ofI8 feet to.dIe _ of..,pqII,ity.lIfRollert 'lh;apsoo; tbe!Ice lIf__~in a soatiIIdy lIiRlcIicII......afl6945 r.t f8 the ~",.~~~t:."i....-..... ).I~.. . .. . ~."".tIIe '.... ,.......'..,. ldII.mJ!li!lt,.. _t;........lJJJ1. ._ ... ........ .... , ..... . ~. tWlJlt .. StlIet. ~ ~ 11OU,~"1D GIwIIees. ,......'.... ,..,,'.'~~... , ....'WlJf.....R;Modid.iiDd Lia IMiIIIill SII\bodjIIt,w.IWjA;lIy"dIIled ADpt 31,1917 ......SeplIldDlr 1.1987 in ,die 0Iice otdliehcotillr of Deeds for ~~'.DeedBldX. 'MlIIII32, ~21".".. !l!ld.~"LeoIi B. biIIiDa;~_ilII~._Pm:el ..204198....\ ~ 319" Pean Sbet, Cdife, fA 17Ot3 ~ Ccunty Ptil.,1'Mii. l ! ~~,..\ 1'fttJ!ItI'J........JS~ IN Jelfiey D. ........... ......... busbiDd. .. .,b1'~W.' tIibIt. E. K.IIJffiIlID,. . ~'..... 9-8-97, teCtlI'dedl)..lm~16t;Pt&e415'. ~