The URL can be used to link to this page

Home My WebLink About02-3295Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Rob Saltzman, Esquire Attorney Identification No.: 53957 905 N. Kings Highway Chevy Hill, NJ 08034 (856) 667-6440 Attorneys for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY o,1 - 3.Z9S C'« ? L`r V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. I YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH N THE FOLLOWING PAGES, YOU MUST TARE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYANDFIINGTHE WRITING WITHTHECOURTYOURDEFENSES 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 CLAM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULDTARETHIS PAPERTO YOURLAWYERAT ONCE. IYOUDONOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE OFFICESETFORTHBELOW TO FINDOUT WHERE YOUCANGETLEGALHELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA I7013 1/800-990-9108 NO1 CIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTEDTIENE(20)DIASDEPLA OAPA MDELAFECHADELA DEMANDAYLANOTR%ICACION USTEDDEBEPRESENTARUNAAPARIENCIA ESCRTTA 0 EN PERSONA O FOR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS OSUS OBBXIONESALAS DEMANDASENCONTRADESUPERSONA. SEA A V ISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDA S Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AYISO 0 NOTIFICACION 0 FOR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICIONDE DEMANDA. USTEDPUEDEPERDERDINERO, SUS PROPIEDADES 0 OTROS DERECHOS WPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO I MEDIATAMENTE. SI NO TINE ABOGADO 0 SI NO TINE EL DINERO SUFICIENTE PARA PAGAR TAI, SERVICIO, VAYAENPERSONAOLLAMEPORTELEFONOALAOFICINACUYA DIRECCION SE ENCUENTRA ESCRITA ABAA) PARA AVERIGUAR CONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990.9108 CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is: GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 2. Plaintiff is, or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: Accubanc Mortgage Corporation, a Corporation 12377 Merit Drive, #600 P.O. Box 809089 Dallas, TX 75251 3. (a) Defendants, Timothy W. Kauffman and Anja K. Kauffman, are individuals whose last known address is 216 W. Allen Street, Mechanics burg, PA 17055. (b) Defendants, Timothy W. Kauffman and Anja K. Kauffman, hold an interest in the subject property as mortgagor and record owner. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 4. (a) The residential mortgage being foreclosed encumbers property located at 216 W. Allen Street, Borough of Mechanicsburg, County of Cumberland, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) On January 27, 1999, the defendant (s) / mortgagor(s) made, executed and delivered a mortgage (the "Mortgage") upon the premises hereinafter described to AccuBanc Mortgage Corporation, a Corporation, which mortgage is recorded in the Office of the Recorder of Cumberland County, on January 29, 1999, in Mortgage Book 1516, Page 144. Plaintiff is now the legal holder of the mortgage and is in the process of formalizing an assignment of same. (d) The legal description for the property is attached hereto and incorporated herein as Exhibit "A" (Legal Description). (e) Pursuant to Pa. R.C.P. 1147 (1) and 1019(g) Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B", Mortgage. (f) On April, 2002, a letter was sent to Defendants, Timothy W. Kauffman and Anja K. Kauffman, advising of the Plaintiff's intent to foreclose within thirty days pursuant to 41 P.S. Section 403. A copy of said letter is attached hereto as Exhibit "C". 5. The mortgage is in default because the Defendants, Timothy W. Kauffman and Anja K. Kauffman, failed to timely tender the monthly payment of $584.85 due October 1, 2001, and thereafter failed to make the monthly payments. 6. As authorized under the mortgage instrument, the loan obligation has been accelerated. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage $78,523.90 due and owing (b) Interest due and owing at the $4,323.30 rate of 6.5% calculated from the default date above stated through July 5, 2002 Interest will continue to accrue at the per diem rate of $13.98 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Property Inspections $54.75 (d) Attorneys' fees $1,250.00 (e) Late Charges $184.32 (fl Advances/Escrow $1,001.58 (g) VA Liquidation Appraisal $400.00 (h) Liquidation/Preservation $890.00 (g) Title Search $350.00 TOTAL INREM JUDGMENT SOUGHT BY PLAINTIFF $86,977.85 8. The attorneys' 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 or satisfied prior to the Sale, reasonable attorneys' fees will be charged. WHEREFORE, the Plaintiff demands: Entry of Judgment in rem against the Defendants above named in the total amount of$86,977.85 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and Foreclosure of the mortgagor's (s') equity of redemption and that of any persons or entities holding or claiming under them and Sheriffs Sale of the subject mortgaged property. Pluese, Ettin, Becker & Saltzman BY: t Z ob t an, Esquire for Plaintiff Atto y I.D. No. 53957 E; all that certain lot of ground Allen Street in the fourth Ward County of Cumberland and State described as follows, to wit: situate on ?Ke MNorth side of West of the Borough of Mechanicsburg, of Pennsylvania, bounded and BEGINNING at a point on said West Allen Street, corner of lot formerly of Minerva E. Chapman; thence Westward along said street sixteen and five tenths (16.5) feet to lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife; thence Northward along line of said lot now or formerly of Ralph Milligan and Annie M; Milligan, his wife,, ninety (90) feet, more or less, to lot formerly of Solomon Beck; thence Eastward along the same fifteen and twenty-five one-hundredths (15.25) feet to corner of said lot formerly of Minerva M. Chapman; thence southward along line of said lot, ninety (90) feet, more or less, to a point on line of said West Allen street, the place of BEGINNING. HAVING thereon erected a three story frame dwelling house known as No..216 West Allen Street, Mechanicsburg, Pennsylvania. Loan No: 08835465 Data 441 Borrower: ' TIMOTHY W KAUFFMAN NOTE LAP0531163 THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OFTHE DEPARTMENT OFVETERANS AFFAIRS OR ITS AUTHORIZED AGENT. January 27, 1999 MECHANICSBURG PENNSYLVANIA. (city] (said 216 W. ALLEN ST. t MECHANICSBURG, PENNSYLVANIA 17055 tProp"ny MNeul 1. BORROWER'S PROMISE TO PAY In return for a ban that I have received, I promise to pay U.S. $ 80,988.06 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is ACCUEANC MORTGAGE CORPORATION. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 7 INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay interest at a yearly rate of 6.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Thre and Place of Payments ff will pay principal and interest by making payments every month. I will make my monthly payments on the for day of each month beginning on March 1, 1999. I will make these payments every month until I have aid all of the principal and interest and airy other charges described below that I may owe under this Note. My wont payments will be applied to interest before principal. If, on February 1, 2029, I still owe amounts under this Nate, I will pay those amounts in full on that date, which is called the "maturity date." 1 will make my monthly payments at 12377 MERIT DRS #600, PO BOX 809089, DALLAS, TEXAS 75251, or at a different place if requir ed by the Note Holder. (B) Amount of Monthly Payments .' . My monthly payment will be in the amount of U.S. of 5511.90. 4. BORROWERS RIGHT TO PREPAY : , Y°• , `.. I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayme¢L" When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder wi11 use all of my preppayments to reduce the amount of principal that I owe under this Note. If I make a partial Prepayment, there will be an changes in the due date or in the amount of my monthly payment unless the Note Holder ngrecs in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this ban exceed the permitted limits, them (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (it) any sums ;dready Collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by milking a:d#cct payment to pie. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days r.fter the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.00 % of my overdue ppayment. I will pay this late charge promptly but only once on each late payment (e) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me, that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pa unmediatcly the full amount of principal which has not been paid and all the interest that I owe on that amount. That dose must be at least 30 days after the date on which the notice is delivered or mailed to me. P) No N4fver By Note Holder n if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still?heve the right to do so if I am in default at a later time. (E) Pa Cie or Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcirt$ this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that most be given to me under this Note will be rcn by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be ggivrveen by maing it by fiat class mail to the Note Holder at the address stated in Section 3(A) above or at a different adNess if I am given a notice of that different address. PENNSYLVANIA VA NOTE ta7eq I illll IIIII II IIII II1110 IN 11111111111111111111 HII IIIII IIII 11111 IN 11111111111111101 S. OBLIGATIONS OF PERSONS UNDER THIS NOTE -If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who u a guarantor, surety or endorse; of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep an of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us rosy be required to pay all of the amounts owed under this Note. ' 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other pcrsorg that amounts due have not been paid. 10 UNIFORM SECURED NOTE This Note is a uniform instrument with [united variations in some juounctions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of 7hnst or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which aright result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrow". If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, regwe immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the cgimtion of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WrtrFSs ME HAND(s) AND Sent.(s) OF THE UNDtU SIGNED. PAY TO THE ORDER OF WITHOUT RECOURSE GMAC MORTGAGE CORPORATION ,J,u4a A ?M4,9L- tulle A. Roussel" Assistant Vloe President .......... O`'.: • Y ;W :-,t.:.UF ..........I ...........................(Seal) ^T/I/MTH K W KAewrower 4?."L.................(Seal) AN KAUFFMAE'FMAN -Borrower [Sign Original Only] GMAG Mortgage Corporation NY erect at un. a' Irraoe egaoWm as rteevbk fn1bl YIN ?rMkellt Loan No: 08835465 Borrower: TIMOTHY W KAUFFMAN Tax Parcel Identification Number: Iq - az.>'- t sLP-7 -12 ? Data ID: 441 i ! AND COUNTY.l'A '99 iAN 29` R 1113, Return to: ACCUBANC MORTGAGE CORPORATION P.O. BOX 809068 DALLAS, TEXAS 75380-9068 (Space Above This Line For Recording Datal THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OFVETERANS AFFAIRS OR ITS AUTHORIZED AGENT. MORTGAGE LAP0531163 THIS MORT-VAGE ("Security Instrument") is given on the 27th day of Ya¢uaty, 1999. The mortgagor is TIMOTHY W KAUFFMAN AND ANJ K KAUFFMAN ("Borrower''). This Security Instrument is given to AG?UBANC MORTGAGE CORPORATION, A CORPORATION, which is organized and existing under the laws of the State of TEXAS, and whose address is. 12377 MERIT DRIVE; #600, P.O. BOX 809089, DALLAS, TX 75251 ("Lender"). Borrower owes Lender the principal sum of EIGHTYiOUSAND NINE HUNDRED EIGHTY-EIGHT and NO/100-----Dollars (U.S. $ 80,988.00). Tbis debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on Febr'r@ry 1, 2029. This Security Instrument secures to Lender; (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security . Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the City of MECHANICSBURG, CUMBERLAND County, Pennsylvania: { SEE ATTACHED t ?v. rw,un uuutHaeawoa E00KI i6im x.44 ' which has the address of 21V. ALLEN ST., Pennsylvania 7055 \\ lst,"tl 1' METH NICSBURG, ityl 1 p Code] : ;Property Address"! TOGETHER WITH all the improvements now or hereafter erected on the prop6ity, and all easements ., appurtenances,. and fixtures now or hereafter apart of the property. All replacements: and additions shallalso be covered by this Security Instrument. All of. the foregoing is referred to in this Security. Instrument as the, "Property..... . BORROWER COVENANTS that Borrower is lawfully seised 'of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the, title to the Property against all cllims and demands, subject to any encumbrances of record. THIS SFcuRrrY INs aumENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal and Intuest; Prepayment and Late Charges. Borrower shag promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due render the Note. 2. Funds for Taxes and Insurance; Subject to applicable law or to a'wiitten waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum Pty for: a yearly taxes and assessments which may attain priority over this Severity Instrument as a lien on the Property, (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any, (e) yearly mortgage insurance premiums, if any, and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items." Lender tray, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may _require for Borrowe6 escrow account. under the federal Real Estate Settlement Procedures Act of 1974. as amended from time to time, 12 1 S.C. $ 2601 et seq. ("RESPA"), unless another. law that applies to the Funds sets a.lesser amouat..If so„Lender.rpay, at any. time collect.,, and hold.Funds in an amount not to exceed,the lesser amountLender may estimate:the amount of Fun-ds,due on.the basis of current data.and reasonable, estimates of expenditures of Future Escrow,rtems;or,othenvise.in,accprdapce applicable. law. The Funds shall be held in an institution whose deposits are insured by a federal agenry, ins or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan;Ba4 Lender shall lsn?ty? the Funds Funds to pay the Escrow Items. Lender may not charge Borrower for holding and. applying o y anal " the.. escrow account, or verifying the Escrow items, unless Lender pays orrower re on the Fun and YLng e permits Lender to make such a charge. However, Lender may, require Borrower to pay a one-time charge forlaan independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shalt give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged A additional security for all sums secured by this Security Instrument. If the Funds held by Lender.cnceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufciem:to pay the Escrow Items when due, Lender may so notify Bottom in writing, and, . in such case Borrower shall payitoWepder the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion' " Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Applicadon of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any Gate charges due'tnrder the Note. It' BOOK ?irJ PAGE 14J Q 0. Form 4IR-W 9/90 " (Faye 2 of 7 Pages) Loon No: 08835465 Data ID: 441 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if apy. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to'prevent the enforcementof the lien; or(c)'secures from'the'holderW4he-lien.an agreement satisfact'ory to Lender subordinating the lien to this Security Instrument. If Lender'determincs that''any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may'gtve Borrower a'notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval whieh shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with coxq:r ,: paragraph 7. All insurance policies and renewals shalt be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is nbt lessened If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due; with any escess.paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a:notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds., Lender may use the proceeds,to repair or 'restore the Property or to pay sums secured by this Security instrument, whether, ox: not ,then due. The 30-4ay period will begin when,the notice is, given Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prncrpal shall not extend or postpone the. due. date of the monthly payments referred to in,paragraphs L.,and,2,or,.change,the.amount of.the payments. If under.paragraph 21 the Property is acquired by. Lender, 1krrower's.right lo.any msuiance, poucies.,and proceeds resulting from damage to the Property prior to the acquisition shall pass to.Lender.to.the ezteut,of.the sums .secured by this Security Instrument immediately prior to the acquisition ..- 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's. Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the ezeculion of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shad not be `unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall pot destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture. of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate, as provided in paragraph 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower -,,hall comply with all the provisions of the lease. If Borrower acquires fee,ntle to the. Property, the leasehold and the fee .,htlc shall not.merge unless Lender agrees to the merger in writing..... 7. Protection of Lender's Rights in the Property. If Borrower fails to perform iha..cgvenan. and agreements -mmained in,this, Security Instrument, o;. there is a legal proceeding that may_ significantly affect Leaders rights in the ?roperty (such as a, proccedin 8 m ba PwY Probate, for cortdemhaliog or fprforture, of to .enf9 o. laws, or, regulatiops), +ben Lender may.do and pay for whatever is necessary to protect the.value of the,Property.and Lender's,rights in the `mperty. Lenders actions may includd paying any sums secured by a lien which has priority over this Seduriry Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. ' Form 3039 0/ 0 (Pago 3 of 7 P4") i100Ki516FACE 146 Any amounts disbursed by Lender under this paragraph 17 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender. agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance.. If Lender required mortgage insurance as a..conditioa of making the:loan secured by-.. this Security Instrument, Borrower shall .pay the premiums required to maintain the mortgage 'insurance in 656i:t:. 14,..for.. any reason, the mortgage insurance' coverage required by Lender lapses. or ceases to be in effect, Borrower shall pay. the premiums required to obtain coverage substantially equivalent to the mortgagc'indtirance previously in effect, at a cost substantially equivalent to the cost to' Borrower of the mortgage insurance previously in 'effedt; ' from an''alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not* available, Borrower shall pay to Under each month a sum equal to one-twelfth of the yearly mortgage imurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect; or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection 10. Condemnation.. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums aecued by this Security Instrument, whether or riot then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security ImUtrment shall be reduced by the amount of the proceeds multiplied by the . following fractions (a) the total amount of the sums secure! immediately before the,.taking, dividei.by (b) the fair market value of the Property immediately before the. taking.. Any balance, sball,be paid to Borrower., In the event of a partial taking of the Property in which the fait market value of the Property. immediately before the taking is less than the amount of the sums secured immediately before .the taking, unless Borrower and.Lender, otherwise agree in writing or unless applicable law. otherwise provides, the proceeds shall be applied to,the sums secued, py.this Security. Instrument whether or not the sums are then due. If the Property is abandoned by*Borrower, or if, after notice. by;Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after, the date the notice is given, Lenders authorized to collect. and apply the proceeds, .at its option, either to restoration of repair of the Property or to the sums secured by this Security Instrument, whether or not then due.' Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any. successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the stuns secured by this Security Instrument by reason of any demand made by the orrgmal Borrower or Borrower's successyrs in interest Any forbearance by Lender in excrasing. any night or remedy shall. not be a waiver of or preclude-thcLI*4f6o of any right or remedy. 12. Successors and Assigns. Bound; Joint and Several Lability; Co-signers. The covenants and agreements of this Security Instrument shall,piW; and benefit the successors and assigm of Lender and Borrower, subject to the " provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several Any Borrowermho co-. signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, gant and convey that Borrower's interest in the Property under the team of this Security ,L trume Instrument to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any ottherBonot rrowerr may agree to extend, modify , forbear or make any accommodations with regard to the terror of this Note without that Borrower's consent. Security Inst[vatent or May 1 13. Loan Charges. If the loan secured by this Security Instrument is subject to .a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in cnnnection with the loan exceed the permitted limits, then: (a) any such loan charge sball be-reduced. by the amount necessary to reduce the charge to the permitted limit; and (b) any.sums•ke permitted limits will be refunded to Borrower.: Lender may choose.1o make this s refs refund reducing the-principal ' under the, Note or by making a direct payment to Borrower: -If arefund reduces thrpbpm owed a; a partial prepayment without any prepayment charge under the Note. p.p?' th0'redlltx(oA WI)I.be aCBtCd'•, i Is. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. Min notice -shall be directed to the Property Address or any other address Borrower designates by notice to Lender.. Any notice to. Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice 3o Borrower. Any notice provided' for in this Security Instrument shall be deemed to have been given to Borrower or Leader when given as; - provided in this paragraph .. n. .•? Form,J%. 9 9/90 (Pape 4 017 Pagesj . BQOKiSjsPAGE 447 .,>' Loan No: 08835465 Data ID: 441 15. Governing Law, Severubility. This Security Instrument shall be governed by federal law and the lawlof the jurisdiction in which the Property is located In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Nbte which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument, and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial, Interest in Borrower. If all or any.part of.the.Property or any interest in it is sold or transferred (or if a beneficial interest.in Borrower is sold or transferred and Borrower is. not a natural person) without Lender's prior written consent, Lender.may, at its option, require immediate payment in full, of all sums secured by this Security. Instrument., However, this option,shall not. be exercised by Lender: if exercise is prohibited by federal law as of the date of this Security Instrument. ' .• .. . If Lender exercises this' option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fads to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1& Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as applicable law may specify fQr,reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b),cwry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sumsitwhich then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) curuAU,.4cfault of any other covenants or agreements; (c) pays ell expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall.remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note4together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unielaled to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address. of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information .required by applicable law. . . 20. Hazardous Substances. Borrower shall not cause. or permit the 'presence; use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The„preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances :that are generallyjecognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. t As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum 'products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lander shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; .(b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by Judlcial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-eadstanca of 'a detlault or any other defense $of Borrower to acceleration and foreclosure. If the default is not cured as specin4 Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument-by judicial proceeding. Lender shall be' entitled to'collect all expenses incurred in pursuing the 'remedies provided in this paragraph 21, Including,, but not limited to attorneys' fees and costs of title evidence to the extent permitted by applicable law. - 22. Release.. Upon payment of all sums secured by,this Security Iii trumeat'ibis Secunty`Iristtument and the estate conveyed shall terminate and become void After such oceurrertce, Lender shall' discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay.any,recordation costs. f Form 9039 40 (Pape S or 7 Pages) eooe? 516 Pac¢ 148 i 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachmejit, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's'time to'rbmstate piovided in paragraph 18 shall extend to one houi prior to the commencement of bidding at a sheriffs sale or other sale pursuant,to this Security Instrument 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower tq acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Acceleration Clause. Borrower agrees that should the Department of Veterans Affairs fail or refine to issue its guaranty of the loan secured by this Security Instrument under the provisions of the Servicemen's Readjustment Act of 1944, as amended, in the amount of the Note secured hereby, within 60 days from the date the loan would normally become eligible for such guaranty, Lender may, at its option, to be exercised at any time thereafter, declare all sums secured by this Security Instrument immediately due and payable. 28. Rides to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenans and agreements of each such rider shag be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ® Other(s) [specify[ Assumability Policy Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: 4. Printed Name Prin ted Name ------ -- - ----- n /e. t6t ........... ............................ (Seal). 1TM 7'HY VV?C?F ??F??t7A1`l -9orrawr .1a .......................... ..._......°.?.::!.......... (seat) ANJA KAUFFMAN or ::.,.,.. ?. i Form X19 9/99 (Ppa 6 017 pages) - Loan No: 08835465 ' [Space Below This Line For Adewwledpmentl Data ID: 441 Commonwealth PENN YLVAANIA b ?iY v Lo I ? On this the e y of 19-fj before me, an I '`tlto undersigned officer, personally appeare TIMOTHY W KAUFFMAN AND ANJA K KAUFFMAN known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein ained. In witness whereof I hereunto set my hand and official seal. (Seal) NOTARIAL SEAL CARRIE E. COOK, Notary Public ice Harrisburg. Dauphin County I!u ii my commission Expires AUG. S. 2002 N, !eR-1 My commission I certify that the precise residence and address of the within-framed Lender is: ACCUBANC MORTGAGE CORPORATION, 2377 MERIT DRIVE, #600, P.O. BOX 809089, DALLAS, TX 75251 Si ur ent o If of Le er) f 1 Loan No: 08835465 Data ID: 441 Borrower:' TIMOTHY W KAUFFMAN ASSLWABB-M POLICY RIDER Trtls AssuMAmLrry Poucy RIDER is made on this 27th day of January, '1999, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, Deed to Secure Debt or other such security instrument (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note(s) (the "Note") to ACCUBANC MORTGAGE CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument (the "Property") and located at: 216 W. ALLEN ST. MECHANICSBURG, PENNSYLVANIA 17055 In addition to the covenants and agreements made in the Security Instrument, Borrower further covenants and agrees as follows: 1. Acceleration. The Note may, at the option of the Lender or the holder of the Note or its authorized agent (collectively, the "Note Holder"), become immediately due and payable upon transfer of the Property to any transferee, unless the acceptability of the assumption of the Note obligation is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. 2. Funding Fee. A fee equal to one-half of one percent (0.5%) of the balance of the Note as of the date of transfer of the Property shall be payable to the Note Holder, as trustee for the Department of Veterans Affairs. If the assuming transferee fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by the Security Instrument, shall bear interest at the rate provided in the Note, and, at the option of the Note Holder, shall be immediately due and payable. This fee is automatically waived if the assuming transferee is exempt under Section 3729(c) of Chapter 37, Title 38, United States Code. 3. Processing Charge. Upon application for approval to allow assumption of the Note obligation, a processing fee may be charged by the Note Holder for determining the creditworthiness of the assuming transferee and subsequently revising the Note Holder's ownership records when an approved transfer of the Property is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code, applies. 4. Indemnity Liability. If the Note obligation is assumed, the assuming transferee shall agree to assume all of the obligations of the Borrower under the terms of thgNotc; the Security Instrument and any other instruments creating or securing the Note, including the obligation bf the Veteran-to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created or evidenced by the Note or Security Instrument. VA DUE ON SALE Page t ore I VIII IIIIII VIII IIII IIIIII VIII VIII III VIII) VIII VIII VIII VIII (IIII (IIII VIII VIII (IIII VIII IIAI VIII VIII IIII IIII MWOOx013WCO 6a5465 gooK25i ma d52 I' All other terms and provisions of the Security Instrument and any riders thereto shall remain in full force and effect. By Signing Below, Borrower accepts and agrees to the terms and covenants contained in this Assumability Policy Rider. W Cr . 40 A da State of Pennsylvania County of Cumberland 86 Reco ded i the office for the recoi and Berland County, in So Vo ?P i witn s my hen of t Carlis e, PA this ay ANJA Deeds I? --Borrower Page 2 or 2 Y Bpoxi5..Grace 153 E, _...,.,,..__._: all that.certain lot of ground situate on tie North side of west Allen Street in the fourth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on said West Allen Street, corner of lot formerly of Minerva E. Chapman; thence Westward along said Street sixteen and five tenths (16.5) feet to lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife; thence Northward along line of said lot now or formerly Ralph Milligan and Annie M; Milligan, his wife,, ninety (90) feet, more or less, to, lot formerly of Solomon Beck; thence Eastward along the same fifteen and twenty-five one-hundredths (15.25) feet to corner of said lot formerly of Minerva M. Chapman; thence Southward along line of said lot, ninety (90) feet, more or less, to a point on line of said West Allen Street, the place of BEGINNING. HAVING thereon erected a three story frame dwelling house known as No. 216 West Allen Street, Mechanicsburg, Pennsylvania. BOOK 15i5 PAGE X151 t 'First Mortgage Loan Servicing 3451 Hammond Ave P.O. Box 780 Waterloo,lA 50704-0780 MAC Mortgage WW? Date: April 24, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIbIIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: TIMOTHY W. KAUFFMAN 216 W ALLEN ST MECHANICSBURG, PA 17055 306604164 N/A GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting.The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications forthe program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL BE DENIED. AGENCY ACTION -- Available finds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date) NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 216 W ALLEN ST MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2001 through April 1, 2002. See attached Exhibit for payment breakdown. Monthly Payments 4, 658.85 Late Charges 143 .36 NSF 0.00 Inspections 27.80 Other Suspense 0.00 TOTAL AMOUNT PAST DUE: 4,830.01 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,830.01 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can clue any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if notawlicable.l Not Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteaee debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaeed Property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. OTHER LENDER REMEDIES -- The lender may also site you personally for the unpaid principal balance and all other stuns due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure Proceedings have begun. you still have the right to cure the default any omer regurrements unaer me mortgage caring your default in the manner set restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo IA 50702 Phone Number: (800) 850-4622 Fax Number: (319) 236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Box 780 _ GMAC Mortgage Waterloo, IA 50704-0780 Date: April 24, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUbfERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLADIADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINUR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAM ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: ANJA K. KAUFFMAN 216 W ALLEN ST MECHANICSBURG, PA 17055 306604164 N/A GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SASE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1993 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Inuring that time you must arrange and attend a "face-to-face-"Meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meetine.The names. addresses and telenhnne ,umbers of decignated ,ny is located are set forth at the end of this Notice. It is only necessary to schedule one your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring ft up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 216 W ALLEN ST MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2001 through April 1, 2002. See attached Exhibit for payment breakdown. Monthly Payments 4, 658.85 Late Charges 14 3 . 3 6 NSF 0.00 Inspections 27.80 Other Suspense 0.00 TOTAL AMOUNT PAST DUE: 4,830.01 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,830.01 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteaee debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fill payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaeed Property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sutras due under the mortgage. have -- If you have not cured the default within er requirements under the mortgage. Curing your default in the manner set forth in your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo IA 50702 Phone Number: (800) 850-4622 Fax Number: (319) 236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your fitmishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED pcoi'' yr U 1 fn F -?G a N C? G r LJ N J Ct/) G ? -c SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-03295 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KAUFFMAN TIMOTHY W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KAUFFMAN ANJA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT KAUFFMAN ANJA K POST OFFICE HAS NO FORWARDING FOR HER. SHE AND TIMOTHY ARE DIVORCED. HE SAYS THAT SHE MOVED OUT WEST. Sheriff's Costs: So answers: Docketing 6.00 - Not Found 5.00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 KATZ ETTIN LEVINE 07/18/2002 Sworn and subscribed to before me this .,,.C day of a? vu? A. D. `?- o honotary 7 SHERIFF'S RETURN - REGULAR CASE NO: 2002-03295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KAUFFMAN TIMOTHY W ET AL DAVID MCKINNEY 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 TIMOTHY W the DEFENDANT , at 1851:00 HOURS, on the 16th day of July 2002 at 320 MANCHESTER ROAD CAMP HILL, PA 10711 by handing to TIMOTHY W KAUFFMAN 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 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this d rrl day of oZlx? L A.D. rothonotary So Answers: R. Thomas Kline 07/18/2002 KATZ ETTIN LEVINE By` O?II?//Ih/./ Deputy Sheriff ?? SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-03295 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS. KAUFFMAN TIMOTHY W ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KAUFFMAN ANJA K by United States Certified Mail postage prepaid, on the 4th day of September, 2002 at 0000:00 HOURS, at 5252 ECHO AVENUE RENO, NV 89506 a true and attested copy of the attached COMPLAINT - MORT FORE Together with receipt card was signed by ANJA K KAUFFMAN 09/09/2002 . Additional Comments: on Sheriff's Costs: Docketing 18.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 Paid by KATZ ETTIN LEVINE Sworn and subscrib to before me this 19 *_1 day of A. D. P o honotary The returned So antes : / - R. Thomas Kline Sheriff of Cumberland County on 09/13/2002 ¦ Complete items 1, 2, and 3. Also complete A. Signature % / ? Agent item 4 f Restricted Delivery is desired. v:_ /4_??/ ? Addressee ¦ Print your name and address on the reverse + - so that we can return the card to you. B. Receivkd by ( Pri gahame) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, r vt ?( 1?;?}-%?, '_V i; or on the front if space permits. _ - - D. Is delivery address different from item 1? ? lies t Article Addressed to: If YES, enter delivery address beloN: ? No Anja K. Kauffman 5252 Echo Avenue Reno, Irv 89506 3. Service Type X1 Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7001 2510 0009 1018 7000 02- 3295 civ PS Form 3811, August 2001 Domestic Return Receipt 102575-o1-M-0381 UNITED STATES POSTAL SERVIC + aLa.& Fees- Paid, L N d 11 Ilk First, Class Mail L.I i _ • Sender: Please print nan r',,?address, and Z P+4 th'lS bO : ylqi_j t, _, ='ARTMENT OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 CUMBERLAND COUNTY PROTHONOTARY TO: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 10711 Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN NO. 02-3295 NOTICE PURSUANT TO RULE 236 Defendants. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above-captioned proceeding as indicated below. nCumberland County rot otary [XXj Judgment entered by Default l...L('t, _ ` IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Rob Saltzman, Esquire, Attorney 1D #53957 KATZ, ETTIN & LEVINE 905 N. Kings Highway Cherry Hill, NJ 08034 856/667-6440 Attorneys for Plaintiff Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Attorneys At Law 905 North Kings Highway Cherry Hill, NJ 08034 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/667-6440 Attorney for Plaintiff 77091 GMAC MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-3295 V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendants. PRAECIPE TO ENTER JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, GMAC Mortgage Corporation, and against Defendant(s), Timothy W. Kauffman and Anja K. Kauffman , for failure to file an Answer to Plaintiffs Civil Action in Mortgage Foreclosure within twenty (20) days from service thereof. Service was made on the Defendant(s) by, Sheriff of Cumberland County as follows: Timothy W. Kauffman, served July 16 , 2002 Anja K. Kauffman, served September 4, 2002 Assess Damages as follows: Total Demand in Complaint Interest due and owing at the rate of $13.98 per diem from July 12, 2002 to October 17, 2002 $86,977.85 $1,356.06 TOTAL JUDGMENT TO BE ENTERED $88,333.91 PLUESE, ETTRh;CYER & SALTZMAN man, Esquire for Plaintiff From: 08/' '002 10:10 #629 P.003/003 SHERIFF'S RETURN - REGULAR CASE NO: 2002-03295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KAUFFMAN TIMOTHY W ET AL DAVID MCKINNEY , 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 TIMOTHY W the DEFENDANT , at 1851:00 HOURS, on the 16th day of July , 2002 at 320 MANCHESTER ROAD CAMP HILL, PA 10711 by handing to TIMOTHY W KAUFFMAN 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 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00. 39.04 Sworn and Subscribed to before me this day of A, 1). So Answers; R. Thomas Kline 07/18/2002 KATZ ETTIN LEVINE By: Deputy Sheriff or Prothonotary SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO 2002-03295 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS. KAUFFMAN TIMOTHY W ET AL R. Thomas Kline Sheriff of Cumberland 77P9/ County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KAUFFMAN ANJA K by United States Certified Mail postage prepaid, on the 4th day of September, 2002 at 0000:00 HOURS, at 5252 ECHO AVENUE RENO, NV 89506 , a true and attested copy of the attached COMPLAINT - MORT FORE Together with The returned receipt card was signed by ANJA K KAUFFMAN on 09/09/2002 . Additional Comments: Sheriff's Costs: Docketing 18.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 Paid by KATZ ETTIN LEVINE Sworn and subscribed to before me this day of A.D. So answers: R. Thomas Kline Sheriff of Cumberland County on 09/13/2002 Prothonotary ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 A. Sig-` ture ) t j ; lU/ f _.. ? Agent ? Atldressee B,. 1 7 by (Pri p' ame) C. Date of Delivery 6L. I<° ?0w'!'114 q-4 D. Is delivery address different from item 19 ? Yes If YES, enter delivery address below: ? No Service Type Certified Mail Registered Insured Mail [leeive stricted Dl7001 2510 0009 1018 7000 PS Form 3811, August 2001 Domestic Return Receipt ? Express Mail ? Return Receipt for Merchandise ? C.O.D. y7 (Extra Fee) 0 Yes 02-3295 civ 102595-01-M-0381 Pluese, Ettin, Becker & Saltzman A Division of Katz, Ettin & Levine, P.C. Attorneys At Law 905 North Kings Highway Cherry Hill, NJ 08034 856/667-6440 Rob Saltzman, Esquire Attorney ID No.: 53957 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND: S.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-3295 AFFIDAVIT OF NON-MILITARY SERVICE I, Rob Saltzman, Esquire, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained either by or an behalf of the Plaintiff herein named and that such investigations and/or records indicate that the above-named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined by the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Timothy W. Kauffman Age: Over 18 Residence: 320 Manchester Road, Camp Hill, PA 10711 Employment: Unknown Defendant: Anja K. Kauffman Age: Over 18 Residence: 5252 Echo Avenue, Reno, NV 89506 Employment: Unknown PLUESE, ETTIN, BECKER & SALTZMAN Sworn to and subscribed before me this & day of& 002. " JENNIFER EISER NOTARY PUBLIC OF NEW JERSEY MY COAMYMSSION EXPIRES VIN &I PLUESE, ETTIN, BECKER & SALTZMAN A Division of Katz, Ettin & Levine, P.C. Rob Saltzman, Esquire Attorney ID No.: 53957 905 N. Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff 77091 GMAC MORTGAGE CORPORATION Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-3295 CERTIFICATION OF ADDRESSES I, Jessica Day, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorney for Plaintiff, GMAC Mortgage Corporation, hereby certify that the Plaintiffs correct address is 500 Enterprise Road, Suite 150, Horsham, PA 19044, and the last known address of each Defendant is as below. Timothy W. Kauffman at 320 Manchester Rd., Camp Hill, PA 10711 Anja K. Kauffman at 5252 Echo Avenue, Reno, NV 89506 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn to me this ed before day JENNIFER EISER NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MUM PLUESE, ETTIN, BECKER & SALTZMAN By PLUESE, ETTIN, BECKER & SALTZMAN A Division of Katz, Ettin & Levine, P.C. Rob Saltzman, Esquire Attorney ID No.: 53957 905 N. Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff 77091 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. NO. 02-3295 TIMOTHY W. KAUFFMAN ANJA J. KAUFFMAN CERTIFICATION OF Defendants. MAILING I, Jessica Day, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorneys for Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by regular mail, a copy of the Notice of Intention to take Default Judgment, Rule 237.1: Timothy W. Kauffman, at 320 Manchester Rd., Camp Hill, PA 10711, on October 1, 2002 Anja K. Kauffman, at 5252 Echo Avenue, Reno, NV 89506, on October 1, 2002 PLUESE, ETTIN, BECKER & SALTZMAN By: PL1;'ESE, ETTIN, BECKER & SALTZMAN A DiAsion of KATZ, ETTIN & LE4INE Attorneys At Law 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO. 02-3295 v. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendants NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa. R.C.P. 237.1 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 asserted against you. Unless you act within ten (10) days from the date of this Notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights and may be liable for money damages. You should take this Notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help, CUMBERLAND COUNTY BAR ASSOCIATION PENNSYLVANIA LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTIFICACION IMPORTANTE Usted ester en incumplimiento de su oblicacion legal de presentar, ya sea personalmente o por medio de su abogado, una declaracion por escrito y por no haber presentado por escrito sus defensas a los cargos que se han presentado en su contra. Si usted no toma accion dentro de diez (10) dias de la fecha de esta Notificaci6n, se registrara una sentencia en su contra sin audiencia y usted podra perder su propiedad u otros derechos importantes y podra ser responsable por danos monetarios. Usted debe llevar esta Noticia a un abogado enseguida. Si no tiene abogado o no tiene dinero suficiente pars. tal servicio, vaya en persona o llame por telefono a la oficina cuyo numbre se encuentra abajo para conseguir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION PENNSYLVANIA LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 Date of Notice: October 1, 2002 PERSONS SERVED: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 10711 Anja K. Kauffman 5252 Echo Avenue Reno. NV 89506 PLUESE, ETTIN, BECK F??2 & SALTZMAN RbID Saltzman, Esquire -z- PUIESE, ETTIN, BECKER & SALTZMAN BY : Attorneys for Plaintiff 4 C- r -VI .-? - ? n i v+.: a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: GMAC MORTGAGE CORPORATION vs. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN ( ) Confessed Judgment ( ) Other File No. 02-3295 _ -- Atty's Comm Costs Amount Due $88,333.91 Interest $1,829.60 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 216 W. Allen Street Mechanicsburg Borough, PA 17055 See Attached Legal Des PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) _ See Attached Legal Descri and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. _1_5__?_' Date November 15, 2002 Signature: Print Name: Address: Attorney for: Telephone: N. Cherry Hill NJ 08034 Plaintiff GMAC Mortgage Corp. 856-667-6440 Supreme Court ID No.: 53957 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (Pa R.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ? U W V m o l c' r r at > c \ M Z j ?- i 2 C: -L I ? ?C c r ?. ? ? ?' C rv _-T u; `icy 5 o ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3295 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From TIMOTHY W. KAUFFMAN, 320 MANCHESTER ROAD, CAMP HILL PA 17011 and ANJA K. KAUFFMAN, 5252 ECHO AVE., RENO NV 89506. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 216 W. ALLEN ST., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $88,333.91 Interest $1,829.60 Arty's Comm % Arty Paid $169.46 Plaintiff Paid Date: NOVEMBER 25, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: J^- c C? hz?2P? Deputy REQUESTING PARTY: Name ROB SALTZMAN ESQUIRE Address: 905 N KINGS HIGHWAY CHERRY HILL NJ 08034 Attorney for: PLAINTIFF Telephone: (0856) 667 6440 Supreme Court ID No. 52957 PLUESE, ETTIN, BECKER & SALTZMAN A Division of KATZ, ETTIN & LEVINE, P.C. Attorneys At Law Rob Saltzman, Esquire / I.D. No. 53957 905 North Kings Highway Cherry Hill, NJ 08034 (856)667-6440 Attorney for Plaintiff 77091 GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendant(s). NO. 02-3295 AFFIDAVIT UNDER PA. RCP RULE 3129 GMAC Mortgage Corporation, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 216 W. Allen Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 17011 Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 2. Name and address of each Defendant named in the judgment: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 17011 Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mechanicsburg Area School District 500 S. Broad Street Mechanicsburg, PA 17050 Mechanicsburg Borough Tax Collector-Katheryne Fetrow 5000 Creekview Road Mechanicsburg, PA 17050 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Department of Welfare Cumberland County Division 33 Westminister Drive PO Box 599 Carlisle, PA 17013-0599 4. Name and address of the last recorded holder of every mortgage of record: GMAC Mortgage Corporation, Plaintiff herein 500 Enterprise Road, Suite 150 Horsham, PA 19044 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 216 W. Allen Street Mechanicsburg, PA 17055 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 15, 2002 PLUESE, ETTIN, BECKER & SAL BY: RSaltzman E Aorney I.D. e957 f?i l n> 1) C .. , `t3 C.J _ PLUESE, ETTIN, BECKER & SALTZMAN A Division of & LEVINE, P.C. KATZ, ETTIN Attorneys At Law Rob Saltzman, Esquire / I.D. No. 53957 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendant(s)- NO. 02-3295 )TICE NOF SHERIFF'S SALE OF REAL PROPER'. Anja K. Kauffman T0: Timothy W. Kauffman 5252 Echo Avenue 320 Manchester Road Reno, NV 89506 Camp Hill, PA 17011 Your house at 216 W. Allen Street, Borough of Mechanicsburg, duled to be sold by the Cumberland County Cumberland County, is sche Sheriff's Department to enforce the Court judgment of $88,333.91 obtained by GMAC Mortgage Corporation against 5 you. at h10S00riff's , 2003, Sale will be conducted on Wednesday, Hearing Room, One at the Courthouse and Square, County Courthouse, CommiPennssssiotonneerrs or, in the are, Carlisle, Y the Cumberland alternative, at a location to be determined by County Sheriff's Department, NOTICE OF OWNERS' RIGHTS To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546- 3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 had 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 Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. NOT YOU SKTIPYLY THE HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 c? C CD rv n <J1 ? ALL THAT CERTAIN lot of ground situate on the North side of West Allen Street in the Fourth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on said West Allen Street, corner of lot formerly of Minerva E. Chapman; thence Westward along said Street sixteen and five tenths (16.5) feet to lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife; thence Northward along line of said lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife, ninety (90) feet, more or less, to lot formerly of Solomon Beck; thence Eastward along the same fifteen and twenty-five one-hundredths (15.25) feet to corner of said lot formerly of Minerva M. Chapman; thence Southward along line of said lot, ninety (90) feet, more or less, to a point on line of said West Allen Street, the place of beginning. HAVING thereon erected a three story frame dwelling house known as No. 216 West Allen Street, Mechanicsburg, Pennsylvania. Tax #23-0567 Parcel #126 x ?;r54 .d. ?r .s n C ? C v ?`-, ' ?' -- ,n + _-;.; ? -., ??: u. YL_) jr _ Y?-? ?) ?. iJ iTl .vf ? ?? ?J _y PLUSES ETTIN BECKER & SALTZMAN A Division of KATZ, ETTIN & LEVINE, P.C. Rob Saltzman, Esquire / I.D. No. 53957 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff 77091 GMAC MORTGAGE CORPORATION Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-3295 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff GMAC Mortgage Corporation in this action against real property and I further certify that this property is: [X] FHA -- Tenant Occupied or Vacant [] Commercial [] That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of notice on Defendant (b) Expiration of thirty days since the service of the Notice (c) Defendant's failure to request or to appear at a face-to-face meeting with the Mortgagee or with a Consumer Credit Counseling Agency (d) Defendant's failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statements given herein. PLUESE. RTmr nr nT,..,..... _ BY: o N 'q ZZ _ q-r• Cnt<- N -i'r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ 25th day of November, A.D., 2002, out of the Court of Common Pleas of said 2002 Number 3295, at the suit of GMAC Mtg Corp against recorded in Sheriff's Deed Book No. 256, Page 965. having been sold to :ecution issued on the unty as of Civil Term, n&MaKisduly i IN TESTIMONY WHEREOF, I ha} e hereunto set my hand and seal of said office this A.D. 2003 day of Recorder of Deeds *WW =0uINM, PA the PM d JM 200 GMAC Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Timothy W. Kauffman and Writ No. 2002-3295 Civil Tdrm Anja K. Kauffman Dawn Kell, Deputy Sheriff, who being duly sworn according to la , states that on December 13, 2002 at 8:00 o'clock PM, she served a true copy of the wit in Real Estate Writ, Notice and Description, in the above entitled action, upon the withi named defendant, to wit: Timothy W. Kauffinan, by making known unto Timot y Kauffman personally, at 320 Manchester Road, Camp Hill, Cumberland County, Pe sylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly, sworn according to law, states he served the above Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Anja K. Kauffinan, by Certified Mail, Return Receipt equested, Restricted Delivery, Deliver to Addressee Only to her last known address of 5252 Echo Ave., Reno, NV 89506. This letter was mailed under the date of January 22, 2003. the Return receipt card was signed by Donald Ulemek on January 25, 2003 and returned to the Cumberland County Sheriffs Office on January 28, 2003. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2003 at 9:20 o'clock P.M., he posted a true copy oft the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy W. Kauffman and Anja K. Kauffman located at 216 West Allen Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to la , states he served the above Real Estate Writ, Notice, Poster and Description in the ollowing manner: The Sheriff mailed a notice of the pendency of the action to on of the within named defendants, to wit: Timothy W. Kauffinan by regular mail to his ast known address of 320 Manchester Road, Camp Hill, PA 17011. This letter was ailed under the date of January 13, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Rob Saltzman for Secretary of Veterans Affairs, its successors and assigns at law. It being the highest bid and best price received for th same, Secretary of Veterans Affairs, its successors and assigns at law of 5000 issahickon Ave., Philadelphia, PA 19101, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $666.95, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 13.07 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Certified Mail 1.63 Levy 15.00 Surcharge 30.00 Law Journal 209.60 Patriot News 188.50 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $666.95 Sworn and subscribed to before me So Ans er This day of ' R. Thomas Kline, Sheriff 2003, A.D. ?Yhc.PQ?,.,? t;?jJ . of onotary BY J OCW Real Estate Deputy wll? off" 0160 4) 1 , Lk yb 3,? /3L53? PLUESE, ETTIN, BECKER & SALTZMAN A Division of KATZ, ETTIN & LEVINE, P.C. Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856)667-6440 Attorney for Plaintiff 77091 I.D. No. 53957 GMAC MORTGAGE CORPORATION Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendant (s) . COURT OF COMMON LEAS CUMBERLAND COUNT NO. 02-3295 AFFIDAVIT UNDER PA. RCP RULE 3129 GMAC Mortgage Corporation, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 216 W. Allen Street, Borough of Mechanicsburg, Cumberland County,. Pennsylv nia, was true and correct to the best of its knowledge, :informati n and belief. 1. Name and address of each owner and/or Reputed Owner: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 17011 Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 2. Name and address of each Defendant named in tho judgment: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 17011 Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property o be sold: Mechanicsburg Area School District 500 S. Broad Street Mechanicsburg, PA 17050 Mechanicsburg Borough Tax Collector-Katheryne Fetrow 5000 Creekview Road Mechanicsburg, PA 17050 j Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Department of Welfare Cumberland County Division 33 Westminister Drive PO Box 599 Carlisle, PA 17013-0599 4. Name and address of the last recorded holder of eery mortgage of record: GMAC Mortgage Corporation, Plaintiff herein 500 Enterprise Road, Suite 150 Horsham, PA 19044 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity hich has any record interest in the property and whose int rest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest. in the property which may be affected by the sale: Tenant/Occupant 216 W. Allen Street Mechanicsburg, PA 17055 I verify that the statements made in this Affid vit are true and correct to the best of my personal knowledge, in ormation and belief. I understand that false statements herein arelmade subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 15, 2002 PLUESE, ETTIN, BECKER & SAL BY: Rob Saltzman E Attorney I.D. 0 r,7 PLUESE, ETTIN, BECKER & SALTZMAN A Division of KATZ, ETTIN & LEVINE, P.C. Attorneys At Law Rob Saltzman, Esquire / 905 North Kings Highway Cherry Hill, NJ 08034 (856) 667-6440 Attorney for Plaintiff I.D. No. 53957 GMAC MORTGAGE CORPORATION Plaintiff, V. TIMOTHY W. KAUFFMAN ANJA K. KAUFFMAN Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-3295 ?I P TO: Timothy W. Kauffman 320 Manchester Road Camp Hill, PA 17011 Anja K. Kauffman 5252 Echo Avenue Reno, NV 89506 Your house at 216 W. Allen Street, Borough of Melhanicsburg, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the Court judgment o $88,333.91 obtained by GMAC Mortgage Corporation against you. The Sheriff's Sale will be conducted on Wednesday, March 5, 2003, at 10:00 A.M., at the Cumberland County Courthouse, Commissioners Hearing Room, One Courthouse Square, Carlisle, Pennsylvania, or, in the alternative, at a location to be determined by th Cumberland County Sheriff's Department. NOTICE OF OWNERS' RIGHTS F' To prevent this Sheriff's Sale, you must take immediate action: I 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charged, costs and reasonable attorneys' fees due. To find ou how much you must pay, you may call Rob Saltzman, Esq ire at (215) 546-3205. 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 throug other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorne ). 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546- 3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequat compared to the value of your property. 3. The sale will go through only if the bu?er pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Rob Saltzma , Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the p operty as if the sale had 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 Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's Sale. This schedule will state who will be receiving that money. The money will bel 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 sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immedia ely 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 TELEPH E THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland Bar A sociation 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ALL THAT CERTAIN lot of ground situate on the North side of West Allen Street n the Fourth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsviv nia, bounded and described as follows, to wit: BEGINNING at a point on said West Allen Street, corner of lot formerly of Minerva E. Chapman; thence Westward along said Street sixteen and five tenths (16.5) feet to lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife; thence Northward along lime of said lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife, ninety (90) feet, more or less, to lot formerly of Solomon Beck; thence Eastward along the same fifteen and twenty-five one-hundredths (15.25) feet to corner of said lot formerly of Minerva M. Chapman; thence Southward along line of said lot, ninety (90) feet, more or less, to a point on line of said West Allen Street, the place of beginning. HAVING thereon erected a three story frame dwelling house known as No. 216 Mechanicsburg, Pennsylvania. Tax #23-0567 Parcel #126 est Allen Street, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3295 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From TIMOTHY W. KAUFFMAN, 320 MANCHESTER ROAD, CAMP HILL, PA 17011 and ANJA K. KAUFFMAN, 5252 ECHO AVE., RENO NV 89506. (1) You are directed to levy upon the property of the defendant (s)and to sell AL ESTATE LOCATED AT 216 W. ALLEN ST., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in a possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee( paying any debt to or for the account of the defendant (s) and from delivering any prope (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in of anyone other than a named garnishee, you are directed to notify him/her that he/she h garnishee and is enjoined as above stated. is enjoined from of the defendant possession been added as a Amount Due $88,333.91 L.L. $.50 Interest $1,829.60 Atty's Comm % Due Prothy $1.00 Atty Paid $169.46 Other Costs Plaintiff Paid Date: NOVEMBER 25, 2002 CURTIS R. LONG Prothonotary (Seal) By: REQUESTING PARTY: Deputy Name ROB SALTZMAN ESQUIRE Address: 905 N KINGS HIGHWAY CHERRY HILL NJ 08034 Attorney for: PLAINTIFF Telephone: (1856) 667 6440 Supreme Court ID No. 52957 Real Estate Sale # 27 On December 5, 2002 the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA known and numbered as 216 West Allen Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference- incorporated herein. Date: December 5, 2002 By?,?Cil YTVj & Real Estate Deputy 0 " 17 AIII 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 Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street„ in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. 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 sc e b fore a his-1 d of ary 2003 A.D. SALE #27 Pub' Notary t REAL ESTATE. HALE No. Z7 y Coun city of upti = :i es June 6, 2006 yyryt, NO. ZppZ.95 Chril7'sm My tion Of Notaries N A RY P U B LI C PennsyWansocia GMAC Mortgage Member, My commission expires June 6, 2006 Corporation va Tlmo !Kauffman CUMBERLAND COUNTY SHERIFFS OFFICE And Ana K.n CUMBERLAND COUNTY COURTHOUSE Dl11011 CARLISLE, PA. 17013 ALL THAT CERTAM k of ground situate on the North side of West Allen ShW in the Fourth Vied of the Borough of Mechanicsburg, County Statement of Advertising Costs of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: To THE PATRIOT-NEWS CO., Dr. BEGINNING at a point on said West Allen For publishing the notice or publication attached Street, comer of lot formerly of Minerva E. Chapman; thence Westward along said Street hereto on the above stated dates $ 186.75 sixteen and five-tenths (16.5) feet to lot now or Probating same Notary Fee(s) $ 1.75 formerly of Ralph Milligan and Annie M. Milligan, his wife; thence Northward along line Total $ 188.50 of said lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife, ninety (90) feet, more or less, to lot formerly of Solomon Beck; Publisher's Receipt for Advertising Cost The Patriot News Co. , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. thence Eastward along the same fifteen and By .................................................................... twenty-five one-hundredths (15.25) feet to corner of said lot formerly of Minerva M. Chapman; thence Southward along line of said lot, ninety (90) feet, more or less, to a point on line of said West Allen Street, the place of BEGINNING. HAVING thereon erected a three-story frame dwelling house known as No. 216 West Allen Street, Mechanicsburg, Pennsylvania. TAX #23-0567. PARCEL #126. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland e arie Coyne ditor SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 g . E? a Pubffc County ^,? 5,2305 Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 27 Writ No. 2002-3295 Civil GMAC Mortgage Corporation VS. Timothy W. Kauffman and Anja K. Kauffman Atty.: Rob Saltzman ALL THAT CERTAIN lot of ground situate on the North side of West Allen Street in the Fourth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on said West Allen Street, corner of lot for- merly of Minerva E. Chapman, thence Westward along said Street sixteen and five tenths (16.5) feet to lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife; thence Northward along line of said lot now or formerly of Ralph Milligan and Annie M. Milligan, his wife, ninety (90) feet, more or less, to lot for- merly of Solomon Beck; thence East- ward along the same fifteen and twenty-five one-hundredths (15.25) feet to corner of said lot formerly of Minerva M. Chapman; thence South- ward along line of said lot, ninety (90) feet, more or less, to a point on line of said West Allen Street, the place of beginning. HAVING thereon erected a three story frame dwelling house known as No. 216 West Allen Street, Me- chanicsburg, Pennsylvania. Tax #23-0567. Parcel # 126. Z-Z,s