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Home My WebLink About03-2046 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53324 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. THE UNKNOWN HEIRS OF DENNIS L. KUHN, DECEASED C)3 - :20 l/~ Defendants TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, P A 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION LA W : ACTION OF MORTGAGE FORECLOSURE vs. THE UNKNOWN HEIRS OF DENNIS L. KUHN, DECEASED, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount ofthe debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff : ACTION OF MORTGAGE FORECLOSURE vs. THE UNKNOWN HEIRS OF DENNIS L. KUHN, DECEASED, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Washington Mutual Bank, FA., which is the owner ofthe entire beneficial interest in the Mortgage, with an address of P.O. Box 1169, Milwaukee, Wisconsin 32256 2. Defendant, THE UNKNOWN OF DENNIS L. KUHN, DECEASED, last known address is 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013. 3. On or about, April 25, 2001, the said Defendant, Dennis L. Kuhn, executed and delivered a Mortgage Note in the sum of$105,000.00 payable to NORTH AMERICAN MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, Dennis L. Kuhn, made, executed, and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book conveying to original Mortgagee the subject premises. Mortgage Electronic Registration Systems, Inc. is acting solely as nominee for Washington Mutual Bank, FAits Successors and Assigns. The Said Mortgage is attached hereto as Exhibit "B". 5. The land subject to the Mortgage is: 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. Dennis L. Kuhn is deceased and upon his death title to the subject premises vested in The Unknown Heirs of Dennis L. Kuhn, Deceased, who are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNP AID PRINCIPAL BALANCE $98,253.51 Interest at $18.50 per day From 12/0112002 To 05/0112003 (based on contract rate of6.875%) $3,367.00 Accumulated Late Charges $140.46 Late Charges $46.82 From 0110112003 to 05/01/2003 $280.92 Escrow Balance $242.22 Attorney's Fee at 5% of Principal Balance TOTAL $4,912.68 $107,196.79 * * Together with interest at the per diem rate noted above after May 01,2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice ofIntention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members ofthe Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.875% ($18.50 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. By: Wmh08kwx (1696x2200x2 tiff) [3] 5NUS H'21 NOTE 4573416-853 MIN:1000541-3000063985_4 APRIL 25, 2001 [Date] MECHANI CSeURG [City] PENNSYLVANIA (State) 321 BURGNERS ROAD, CARLISLE, PA 17013 [Property Address] l. BORROWER'S~ROMISETOPAY In return for a loan that I have received, I promise to pay U.S. $ "Princi pal" ), pI us interest, to the order of the Lender. The Lender is 105,000,00 (this amount is called NORTH AMERICAN MORTGAGE COMPANY I will make all payments under this Note in the form of cash, check or money order. 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 tlllsNoteis called the "Note Holder. .. 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.875 %. 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) Time and Place of Payments I will pay pri ncipal and interest by making a payment every month. I will make my monthly payment on the 1 ST day of each month beginning on JUNE, 2001 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on MAYO 1, 20 16 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 3883 AI RWAY DR IVE, SANTA ROSA. CA 95403 or at a differ~nt place, if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. ~ 958.51 4. BORROWER'S RIGHT TO PREPAY 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 "Prepayment. " When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. r may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paJ'ing a Prepayment charge. The Note Holder will use my Prepaym~nts to reduce the amount of Principal tbat I owe under this Kate. However, the Note Holder may apply my Prepayment to the accrued an,d unpaid interest on the Prepayment amount, before applying my Prepayment to-reduce the Principal amount of the Note. If I make a partial Prepayment. there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. 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 loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already 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 making a direct payment to me. If a refund reduces Principal. the reduction will be treated as a partial Prepayment. MULTI STATE FIXED RATE NOTE - Single Family - FannillMall/Frllddlll Mac UNIFORM INSTRUMENT ~-5N 10005' 'Farm 3200 1/01 '''. , ..:MP MOOTGAG' 'ORMs . -::':::,:1us. ~ / ~ s1 0 I 11111I11111.111~I~Dlml~ EXnJJJii "A I, Wmh08kwx (1696x2200x2 tiff) [4] 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 '5 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 0 ~ of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. . (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I 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 pay immediately the full amount of Principal which has not been paid and all the interest that I owe o.n that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Wai"cr By Note Holder Even 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 have the right to do so if I am in default at a later time. (E) Payment of 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 enforcing this ~ote to the ettent 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 must be given to me under this Note will be given 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 given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGA TIOXS OF PERSONS UNDER TillS 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 is a guarantor, surety or endorser of this ;-Jote 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 all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all oj us together. This means that anyone of us may 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 wai,'e 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 persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrumem"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I 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: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ~-5N 100051 p.,. Z .f 2 Form 3200 1/01 ( Initiala: '{) L u.. ~,,<:.~ Wmh08kwx (1696x2200x2 tiff) [5] 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails 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. WTINESS TIiE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal ) 1j ~^~ { ILl.. DENN~S L KUHN yfJ. >J.{Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrou'er (Seal ) (Seal) -Borrower -Borro\\'er (Sign Original Only) ~ -5N 100051 Pa.. 3 of 3 Form 3200 1/01 Wmh08kwx (1696x2200x2 tiff) [7] .- .. -~ ,'.'-~.... ;~ 1 her~b::' t;'v ; .ll ~,~i~ r... :^'.:<,~: .. cony of the a true~: ;v:;-_. ~ original: ."':7'( ~ ~ ~~-.J. Prepared By: JIM I MA I ER Return To: NORTH AMER I CAN MORTGAGE P.O. BOX 808031 PETALUMA, CA 94975-8031 FINAL REVIEW AU 052 Parcel Number: SEE MAP REF :l- VPA1 H21 [Spaco Above Thil Lino For Rccording Datal MORTGAGE MIN 4573416-863 1000541-3000083985-4 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated APR I L 25 I 2001 together with all Riders to this document. (B) "Borrower" is DENN I S L KUHN ~ Borrower is the mortgagor under this Security Instrument. (e) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mort~agee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. . PENNSYL v ANJA - Single Family - F.nnie M../Freddie Mac UNIFORM INSTRUMENT WITH MERS ~ -6AIPAI (DODel Form 3039 1/01 ~~'~'~"GAGE 'CAMS ~~=~~,i/.40IIIIIIII.'11111111111 f EXhb',i '0 Wmh08kwx (1696x2200x2 tiff) [8] (D) "Lender" is NORTH AMER I CAN MORTGAGE COMPANY Lender is a CORPORA T ION organized and existing under the laws of DELAWARE Lender's address is 3 B 83 A I RWA Y DR I VE, SANTA ROSA, CA 95403 (E) "Note" means the promissory note signed by Borrower and dated APR I L 25, 200 t The Noter.;tates that Borrower owes Lender ONE HUNDRED FIVE THOUSAND AND 00/100 Dollars (U.S. $ 105,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MA V 0 1 20 16 . (F) "Property" means the property that is described below under th~'heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The foUowing Riders are to be executed by Borrower [check: box as applicable}: ~ Adjustable Rate Rider Balloon Rider V A Rider o Condominium Rider B Second Home Rider o Planned Unit Development Rider 1-4 Family Rider o Biweekly Payment Rider Other{s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well ap all ap,glicable final, non-appealable judicial opinions. . (1) Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct. or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, poinrohalf; transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described 1D Section 5) for: m damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) misr~resentations of, or omissions as to, the value andlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. CO) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ~-6A(PAl rooD. P... 2 of 18 Initials: cUL. ~ [,>/01 Farm 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [9] (P) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35(0), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether QI' not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGlfI'S IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of. the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For ~his purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. which currently has the address of 321 BURGNERS ROAD CARLISLE ("Property Address"): [City] , Pennsylvania 17013 [Stroot] [Zip Code] TOGETIiER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to Initials: f\L\l. ~/'l.~1 0 I . Form 3039 1/01 _-SA{PAl (a0081 Po,_ 3 of 18 Wmh08kwx (1696x2200x2 tiff) [10] in this Security Instrument as the . Property. · Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the ProFty and to take any action required of Lender including. but not limited to. relcasing~c! cancelmg this Security Instrument. 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 unencumJ>cred. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non<lniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering ~ property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late char~es due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Securitf Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality, or entity; or {d} Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment qr partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of Its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to brin~ the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall etther apply such funds or return them to Borrower. If not applied earlier. such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borr.ower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. EXCept as otherwise described in this Section 2, all l.'8yments accepted and applied by Lender shall be applied in the following order of priority: (a) Interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each "Periodic Payment in the order in which it became due. Any remaining amounts shan be applied first to late char~es. second to any other amounts due under this Security Instrument, and then to reduce the prinCipal balance of the Note. . If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if. CIiL -6AIP A) fOOO8) Po,o 4 of lIS Init/alll; Q( U ~{~5(01 Form 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [11] and to the extent that, each payment can be paid in full. To the CItent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such .excess may be applied to any late chargqi due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due ooder the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and. upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the J>asis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds as required by RmP A.. . Initi.ls: ()\ ~ t.f L s-J 0 , cst. -6A{PA} 100081 P... 5 of IS I' ~orm 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [12] If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP At but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessmentS, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory .to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfs the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one'"'time charge for a real estate tax verificatiop andlor reporting service used by Lender in connection with this Loan. 5. 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, but not limited to, earthquakes and floods, for which. Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender maf obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular tJPC or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of q -6AIPA) (00081 P... 8 ., 18 InitlalS:~ ~{~{'/f)1 Form 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [13] the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's Tight to disapprove such policies, shall. include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional lOBS payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property. such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss payee. In the event of loss, Borrower shaU 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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shaU be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower ~es not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3O-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower'sprincipal residence for at least one year after the Initials: . ,'b ~ Y;, ~-6AIPAJ (00081 ~... 7 of 1. bft2S10 I Farm 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [14] date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating cirCumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain tbe Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economie-ally feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the worle is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. . Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan . application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. H (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enfOrCe laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or asses;sing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under thi~ Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no HabiIi ty for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate _ -BAIPA) 100081 Po.. I of II Initl81S:-CL!L ~/").. ~I 0 I Form 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [15] from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. . If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. . 10. Mortcage Insurancc. If Lender required Mortga~e Insurance as a condition of making the Loan, Borrower shall pay the premiums required to mamtain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pren:iums required to obtain coverage substantially equivalent to the Mortgage Insurance prevtously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously. in effect, from an alternate mortgage insurer selected by. Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. , Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are o~ terms and con~tions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortfage insurer may have available (which may include funds obtained from Mortgage Insurance premIums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides tbat an affiliate of Lender takes a share of the insurer's risk in el[chan~ for a share of the premiums paid to the insurer, the arrangement is often termed II captive rcmsurance. II Further: (a) Any such azreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurancc, or any other terms of the Loan. Such agreements will not increase the amount Borrowcr 'Will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance nnder the Homeowners Protection Act of 1998 or any Initi.I~~ 1~{'/OJ Form 3039 1/01 _ -6A(P AI 100081 Pt,. lI.r 18 Wmh08kwx (1696x2200x2 tiff) [16] ....~ .--------.- .------..- .-.------.---.-.----.--.-------.-..-----..... . ...--.. "--'-"-'.-- other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurancc, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignmcnt of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assi8!1ed to and shall be paid to Lender. If the Property is damaged, such Misccllaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lesseDed. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such PrOperty to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work 1S completed. Unless an agreement is made in writing or Applicable Law J!lqwres interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay BOrrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duet with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking. destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if anYt paid to Borrower. In the event of a partial taking, destruction, or loss in val ue of the Pro~ in which the fair market value of the Property immediately before the partial taki~g, destructlOnt or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the ~al taking. destruction, or loss in value, unless Borrower and Lender otherwise agree in Writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the faic market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to -Borrower. In the event of a partial taking, destruction, or loss in value of the Pro{'Crty in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this SecUrity Instrument whether or not the sums are then dUe. If the Pro~y is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing. Party (as defined in the nen sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Initie'c.tUlL- J.f f').~/o J q -SAIPA) 10008J P... 10 of 1. Form 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [17] Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid ~ Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be appiied in the order pn>vided for in Section 2.. (2. 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 Borrower or any Successor in Interest of Borrower shall not operate tq release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or SuccessOl"S in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. 10int and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a, is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secUred by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to eItond, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released (rom Borrower's obligations and liability under this Security Instrument unless Lender aJI'ees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, lQcluding, but not limited to, attorneys' fees, .property inspection and valuation fees. In regard to any other fees, the absence of express authonty in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lerider may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the !,.oan 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 connection with the Loan elrceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any SUms already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces ~nclpa1, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the N'ote). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security ~ -6A(PA} IOOO~ pa._ " 0' UI InitJ.Is:.nt~. 4/).~/tJ J Fotm 3039 1/01 --~_._--~...+~._-, _.""~-"--~"----~"-'-''--' ... Wmh08kwx (1696x2200x2 tiff) [18] Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute. notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any noti~e to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shan not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 10. Govern1ng Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law mi@t explicitly or implicitly allow the parties to agree by contract or it might be silent, but such Sllence shall not be construed as a prohibition against agreement by contract. 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 Note which can be given effect without the conflicting provision. . As used in this Security Instrument (a> words of the masculine sender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word Wmay" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. , 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, wInterest in the Propertyw means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement. the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured br this Security Instrument. However, this option shall not be exercised by Lender if such exercise 1S prohibited by Applicable Law. 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the eI~ration of this period, Lender may invoke any remedies permitted by this Security Instrument WIthOut further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the ri,bt to have enforcement of this Security Instrument discontinued at any time prior to the earhest of: {a> five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this ~rity Instrument. Those conditions are that Borrower: {a} pays Lender all sums _-SACPAl (00081 P... 12 of 18 Initi..s:J:)t \-t Lf /'J.s-/r; I Form 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [19J which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b), cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security InstrUment, including, but not limited to, reasonable attorneys' fees, property inspection arid valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; "(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower. this Security Instrument and 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 Section 18. . 20. Sale of Notc; Change of Loan Serviccr; Notice of Grievancc. The Note or a partial interest in thc Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as thc "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obli~ations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servlcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (~ either an individual 1iti~ant or the member of a class) that arises from the other party's actionS pursuant to this Secunty Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable ~riod after the giving of such notice to take corrective action. If Applicable Law provides a tlme period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paravaph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section ]8 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes 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; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protectlOn; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause. contribute to, or otherwise trigger an Environmental Oeanup. eDit. -6A(PA) 100081 P... 11 .f I. Initi.IC~ 1.( ~10 1 For 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [20] Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor. allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preced.in$ two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property ~including. but not limited to, hazardous substances in consumer ~ucts). Borrower shall promptly give Lender written notice of (a) 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, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, 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. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NOX-UNIFORM COVENANTS: Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender 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 Section 18 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 sum, secured by this Security Instrument, foreclosure by judicial 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-cxistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, 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 Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Le~der may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower. to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security InsfrUment, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. tIIL-BAIPAI (00011 ..... 14 of ,. Initialr. ~ LR ~ J "2. '>/01 Form 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [21J YPA2 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall enend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. . 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. . 27. 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 tim,p to time under the Note. . BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wi tnesses: ~~~. ~ .o"'~ {., ~) -Borrower DENNIS L KUHN (Seal ) -Borrower (Seal ) (Seal) -Borrower -Borrower (Seal ) (Seal) -Borrower -Borrower (Seal) -Borrower ( Seal) -Borrower ~ -8AIPAIID0081 ".,. 15 of 111 Farm 3039 1/01 Wmh08kwx (1696x2200x2 tiff) [22] address of th 95403 Witness my hand this csidence Q 1l-d;;J - - -:--... 1 ~ . ~ ithin-namc4 Mortgagee is 3883 . do here by certify that the correct AIRWAY DRIVE, SANTA ROSA, CA 0?.9!:- .day of ~'-/ ~4~,)(]iJ~~' Agent of Mortgagao .07(7&1/ ~ COMMONWEALTH OF PENNSYLVANI~. CUMBERLAND County 55: On this, the c?f:; ~ day of ~ / c9-t!9-.? / I before me. the undersigned officer, personally appeared DENN I S L KUHN known to me {or satisfactorily proven} to be the person{s} whose name(s) is/are subscribed to the within instrument and acknowledged that helshelthey executed the same for the purposes herein contained. IN \\'ITNESS WHEREOF, I hereunto set my hand and official seal. My Com mission Expires: "N6TARJAfSEAl KATHLEEN A. PERROm, Notary Public SusQuehama Twp., DtwpNn County My CommlIeion Ellp/JIs Feb. 3, 2003 "i-yi~u t2lf!~) - /1~ ~ ~~ Titlo of Officer . _-SA/PAl 100081 Po.o 111 o. lIS Initials; ~ 'it:> sfo J Form 3039 1/01 -~._~~-'" '-_.~,--~---....;~"- Wmh08kwx (1696x2200x2 tiff) [23 ] ).GLD LEGAL DESCRIPTION 4573416-863 THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. ALL THAT CERTAIN tract of land situate in the Township of Lower Frankford, County of Cumberland and Commonwealth of Pennsylvania, moce particularly bounded and described as follows, to wit BEGINNING at a point in the public road at land of George Shrghart; thence by the said lands south 10 degrees 30 minutes east 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a westerly direction 345 feet to a marked tree; thence by land now or formerly of Annie M. Gillough north 16 degrees 15 minutes west 841 feet through a walnut tree to a point in the center of the said public road; thence by the cente~ of that road south 87 degrees 15 minutes east 377 feet to the point of BEGINNING. BEING THE SAME PREMISES VllHICH Paul F. Lehman, by Deed dated March 31, 1945 and recorded May 19, 1945 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book 12-Y, Page 361, granted and conveyed unto Edith M. Saphore. Grantor herein. Tax Map #14-6-25-30 LESS AND EXCEPTING the following described tract of land, bounded and described as follows, to wit BEGINNING at a P.K nail in the centerline of Township Road No. T -457, on the line of Lot No. 1 on the hereinafter mentioned Subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of229,57 feet to an iron pin; thence along the same, South 77 degrees 32 minutes 08 seconds West, a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E, Wiser; thence along the latter, North 16 degrees 15 minutes West, a distance of 268.18 feet to a P.K. nail in the centerline of said Township Road; thence along the latter. South 87 degrees 17 minutes 31 seconds East, a distance of 100.00 feet to a PK nail; thence along the same, North 89 degrees 24 minutes 59 seconds East, a distance of 60,00 feet to a PK nail, the Place of BEGINNING. CONTAINING .8865 acres according to a Subdivision Plan for Edith M. Saphore, by Eugene A Hockensmith, R.S., dated June 22, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 51, and being designated as Lot No, 2 thereon, , Parcel#14HO~25-030 '- rXh-Lblll'(" VERIFICATION I, the undersigned hereby verify that I am a representative of the plaintiff and I am authorized to make this Verification. I hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to the authorities. DATE: April 28, 2003 'd-b~ ...... Name: Dean LaRocha Title: Asst. Secretary Company: Washington Mutual Bank FA MORTGAGE ELECTRON'TCREGISTRATION SYSTEMS, INC. THROUGH WASHINGTON MUTUAL BANK, FA HOLDER OF THE ENTIRE BENEFICIAL INTEREST IN THE MORTGAGE l Q -. ,-,c. -- .-- l. -:-> . ,~ c'S c') " n ---I -'-.) - 1 -<. 1..1"' -;< MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERL,AND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW THE UNKNOWN HEIRS OF DENNIS L. KUHN, DECEASED NO. 03-2046 Defendant IN MORTGAGE FORECLOSURE MOTION TO SUBSTITUTE THE KNOWN HEIRS OF DENNIS L. KUHN AND NOW comes Plaintiff, Mortgage Electronic Registration Systems, Inc., by its attorneys, Purcell, Krug & Haller, and represents as follows: 1. Plaintiff has heretofore fi.led the above mortgage foreclosure Complaint naming Defendant, the Unknown Heirs of Dennis L, Kuhn, Deceased, 2. Dennis L. Kuhn died Decembelr 7, 2002, 3 . No Estate has been opened in Cumberland County. The heirs of Dennis L. Kuhn, are now known having been ascertained from the obituary and confirmed by the decl:dent' s brother, John Highlands. The mother is Verna Kuhn wi.th an address of 331 Burgners Road, Carlisle, Pennsylvania 17013" The daughter is Sarah A. Kuhn with an address of 251 PeterBburg Road, Carlisle, Pennsylvania 17013. WHEREFORE, Plaintiff requests that Verna Kuhn and Sarah A. Kuhn, known heirs of Dennis L, Kuhn, Deceased be substituted for The Unknown Heirs of Dennis K, Kuhn, Deceased. Dated: October 20, 2003 PURCELL,~ By: ____ LeOIlP. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Motion to Substitute Known Heirs of Dennis L. Kuhn, Deceased are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities. ~ Dated: October 20, 2003 (,} ~~::' t :J~:: s- ,., " (-. .' ~.'~ t".} '.'1-' r-,:( ::.... '"") .. ~, " --.", ,.J :::> \0 o OCT 2 2 2003 ~ MORTGAGE ELECTR REGISTRATION SY vs. IN THE COURT OF COMMON PLEAS INC. laintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE UNKNOWN HEI S OF DENNIS L. KUHN, DECEAS D NO. 03 -2046 IN MORTGAGE FORECLOSURE efendant o R D E R AND N W, this ~day of 0,--+ , 2003, Verna Kuhn and Sarah A. Kuhn, Known Heirs of Dennis L. Kuhn, Deceased, is he eby substituted for The Unknown Heirs of Dennis L, Kuhn, Deceased s a Defendant, BY THE COURT: J ~,,? CfJ,6? C/J: , >- ~ If ~ c:: (0-- on 0 ~..,. cc5 'It: Fr-jE: Q... . :;:i; PC. CO }~I C~i.:L t-4..t.- C\J I~H.i J- l:::: W J. q ~ ~"') C:>.. MORTGAGE ELECTR REGISTRATION SY vs, IN THE COURT OF COMMON PLEAS INC, laintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE UNKNOWN HEI L. KUHN, DECEAS OF DENNIS NO. 03-2046 IN MORTGAGE FORECLOSURE SUBSTITUTE THE KNOWN HEIRS OF DENNIS L. KUHN Plaintiff, Mortgage Electronic Registration Systems, Inc., by its attorneys, Purcell, Krug & Haller, and represents as f llows: 1, laintiff has heretofore filed the above mortgage foreclosure Com laint naming Defendant, the Unknown Heirs of Dennis L. Kuhn, Deceas d. 2. ennis L. Kuhn died Decembe:r' 7, 2002, 3, 0 Estate has been opened in Cumberland County. The heirs of Dennis . Kuhn, are now known having been ascertained from the obituary confirmed by the decedent's brother, John Highlands, mother is Verna Kuhn with an address of 331 Burgners Road, rlisle, Pennsylvania 17013. The daughter is Sarah A, Kuhn with n address of 251 PeterE:burg Road, Carlisle, Pennsylvania 17 13. WHERE ORE, Plaintiff requests that Verna Kuhn and Sarah A, Kuhn, known h irs of Dennis L. Kuhn, Deceased be substituted for The Unknown Hei s of Dennis K, Kuhn, Deceased. Dated: October 20, 2003 PURCELL, ~ By: ________ LeOnP. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff VERIFICATION I ver fy that the statements made in the foregoing Motion to Substitute own Heirs of Dennis L, Kuhn, Deceased are true and correct, I subject falsification t that false statements herein are made enalties of 18 Pa,C,S. ~4904 relating to unsworn authorities, ~ Dated: October 20, 2003 "T- n"' ') ;:~: :.. -' _." -'I Cij. r~~'(. ~J:::: :;r..' ,.1> ~v:\ ~.if\ ~~) '0 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KUHN DENNIS L UNKNOWN HEIRS OF ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUHN VERNA the DEFENDANT , at 1951:00 HOURS, on the 5th day of November, 2003 at 331 BURGNERS ROAD CARLISLE, PA 17013 by handing to CAROL HIGHLANDS, ROOMMATE OF VERNA KUHN HIGHLANDS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 .~~~~~ R. Thomas Kline 11/06/2003 PURCELL KRUG & HALLER Sworn and Subscribed to before me this IL.> N~ day of BY~ --l.-- ~~ J\N....u. ) Deputy Sheriff 7/J.rwAAJ.." '- dw A. D. (I., Q}n, e'O,>-- #' ~honotary I SHERIFF'S RETURN - REGULAR CASE NO: 2003-02046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KUHN DENNIS L UNKNOWN HEIRS OF ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUHN SARAH A the DEFENDANT , at 1859:00 HOURS, on the 5th day of November, 2003 at 251 PETERSBURG ROAD CARLISLE, PA 17013 by handing to JENNIFER IRVIN, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.45 .00 10.00 .00 19.45 ?'~~~~~ R. Thomas Kline 11/06/2003 PURCELL KRUG & HALLER Sworn and Subscribed to before me this /'1 ~ day of BY:~L J--~) .. ~~uty Sheriff 'nov.u.--1"A J ;; m13 A. D. g {J . . r u. ~~ ~othonotary ,~~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff : IN THE COURT OF COMMON PLEAS . CUMBERLAND CO., PENNSYLVANIA : NO. 03-2046 vs. VERNA KUHN and SARAH A. KUHN, known Heirs of : CIVIL ACTION - LAW DENNIS L. KUHN, DECEASED, Defendants : IN MORTGAGE FORECLOSURE AMENDED CERTIFICATE OF SERVICE TO MOTION FOR APPOINTMENT OF A GUARDIAN IN THE FORECLOSURE ACTION TO THE PROTHONOTARY: Please file of record the attached Amended Certificate of Service in the above-captioned matter. Respectfully submitted, Jill . Wineka, Esquire All mey ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: 'I /~ '1/ (j 5" " . AMENDED CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Motion for Appointment of a Guardian in the Foreclosure Action upon the following by depositing same In the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Jennifer Irvin on 4/28/05 251 Petersburg Road Carlisle, PA 17013 Verna Kuhn on 4/27/05 331 Burgners Road Carlisle, PA 17013 Pro Se Defendant Pro Se Defendant ~.AL (j, ~A-'..f _ Barbara A. Shadel Dated t./ /J. g /O( . . CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that on I served a true and correct copy of the Amended Certificate of Service to Motion for Appointment of a Guardian in the Foreclosure Action upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Jennifer Irvin 251 Petersburg Road Carlisle, PA 17013 Verna Kuhn 331 Burgners Road Carlisle, PA 17013 Pro Se Defendant Pro Se Defendant " \.')/0' IH <, tfr1Il/I...II'..L~ Barbara A. Snad Dated: t./ /:U! IJ 5~ (fcf\wamu\kuhn\amended cert) t...<) ,-.j c:~) ~~ " I u' --, -r rn ..~.. 1 N -:) -~. r;~) t'.l "'. Co MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2046 vs. VERNA KUHN and SARAH A. KUHN, known Heirs of DENNIS L. KUHN, DECEASED, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE MOTION FOR APPOINTMENT OF A GUARDIAN IN THE FORECLOSURE ACTION AND NOW, comes the Plaintiff, Mortgage Electronic Registration Systems, Inc., through its Servicing Agent, Washington Mutual Bank, FA and files the following Motion: 1. Movant/Plaintiff is Mortgage Electronic Registration Systems, Inc., acting through its Servicing Agent, Washington Mutual Bank, FA, which has a business address of P. O. Box 1169, Milwaukee, Wisconsin 32256. 2. On April 30, 2003, Movant filed a Complaint in Mortgage Foreclosure, naming as Defendants, the unknown heirs of Dennis L. Kuhn, Deceased. 3. The Decedent, Dennis L. Kuhn executed a Mortgage on April 25, 2001 in the amount of $105,000.00 payable to the original mortgagee, Mortgage Electronic Registration Systems, Inc., as Nominee for North American Mortgage Company. The Mortgage was recorded on May 18, 2001 in Book 1707, Page 100. 4. Subsequently, the Nominee changed to Washington Mutual Bank, FA. 5. The property subject to the Mortgage is vacant and is located at 321 Burgners Road, Carlisie, Pennsylvania 17013. 6. The Mortgage is delinquent for the installment due on January 1, 2003 and all subsequent installments. 7. Since filing its Complaint, Movant has learned that Dennis L. Kuhn died intestate on December 7, 2002 and was survived by his Mother, Verna Kuhn, who resides at 331 Burgners Road, Carlisle, Pennsylvania 17013 and his only minor child, Sarah A. Kuhn, who resides with her Mother, Jennifer Irvin and Jennifer Irvin's current husband at 251 Petersburg Road, Carlisle, Pennsylvania 17013. 8. No formal Estate has been opened for the Decedent and it is believed and therefore averred that the Decedent's Estate was insolvent. 9. On October 27, 2003, the Court granted Movant's Motion to Substitute the Known Heirs of Dennis L. Kuhn and signed an Order allowing the Plaintiff to list as Defendants, Verna Kuhn and Sarah fl.. Kuhn, Known Heirs of Dennis L. Kuhn. A copy of the Order is allached hereto and marked Exhibit "A". 10. On November 5, 2003, the Defendant, Verna Kuhn was served with a copy of the ~einstated Complaint. i i 11. On November 5, 2003, the minor Defendant, Sarah A. Kuhn was served with a copy of i i Ithe reinstated Complaint by serving her Mother, Jennifer Irvin. I 12. In order for the Movant to obtain a valid judgment in the foreclosure action, Rules 2028 and 2031 of the Pennsylvania Rules of Civil Procedure requires the Court to appoint a Guardian for the minor, in order to protect the minor's interest in the subject real estate. 13. The current payoff figure for the delinquent Mortgage is itemized as follows: Principal balance Interest from 12/1/02 to 12/31/04 Escrow deficit Late charges Property preservation fees Attorney's fees Legal costs Suspense credit $98,253.51 14,065.04 4,493.76 1,076.86 1,409.60 2,000.00 396.40 (195.00) Total to Pay Off Loan $121500.17 14. It is believed and therefore averred that the subject property is currently tax assessed at $113,150.00, far less than the amount required to satisfy the outstanding Mortgage. 15. The minor's Mother, Jennifer Irvin has agreed to serve as the Guardian of her daughter, for the limited purpose of the foreclosure action in order to protect her daughter's interest with regard to the subject real estate. Attached hereto and marked Exhibit "B" is the Consent and Statement of Jennifer Irvin to serve as the Guardian of the Estate for her minor daughter, Sarah A. Kuhn in the pending foreclosure action. I 16. A copy of this Motion will be served on Jennifer Irvin, the proposed Guardian, as well as the Co-Defendant, Verna Kuhn. 2 WHEREFORE, the Movant/Plaintiff respectfully requests this Honorable Court to grant this Motion and to formally appoint Jennifer Irvin as the Guardian for her minor daughter, Sarah A. Kuhn for the limited purpose of the pending foreclosure action. Dated: 4/2.3 /o{" Respectfully submitted, . Wineka, Esquire At ney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff 3 OCT 2 2 2003 ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW THE UNKNOWN HEIRS OF DENNIS L. KUHN, DECEASED NO. 03 - 2 046 IN MORTGAGE FORECLOSURE Defendant o R D'E R AND NOW, this 2m day of cOJ. , 2003, Verna Kuhn and Sarah A. Kuhn, Known Heirs of Dennis L. Kuhn, Deceased, is hereby substituted for The Unknown Heirs of Dennis L. Kuhn, Deceased as a Defendant. BY THE COURT: ISlj. LAJ jR. , J FIJtWIf/f MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutuai Bank, FA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2046 vs. VERNA KUHN and SARA A. KUHN, known Heirs of DENNIS L. KUHN, DECEASED, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CONSENT AND STATEMENT OF PROPOSED GUARDIAN TO SERVE AS GUARDIAN OF THE ESTATE FOR SARAH A. KUHN. A MINOR i i 1. My name is Jennifer Irvin and I am an adult individual residing at 251 Petersburg Road, ~arlisle, Pennsylvania 17013. I 2. My date of birth ist?119Y I 7 J 't7o and I am the natural Mother of the minor child, Sarah , IA. Kuhn. 3. I am a citizen of the United States of America and I am able to speak, read and write the English language. 4. I have no interest adverse to Sarah A. Kuhn. 5. I consent to serve as Guardian of the Estate of my daughter, Sarah A. Kuhn for the limited purpose of the pending foreclosure action of Mortoaoe Electronic Reoistration Svstems, Inc. c/o Washinoton Mutual Bank, FA v, Verna Kuhn and Sarah A. Kuhn, known Heirs of Dennis L. Kuhn. Deceased, docketed to No. 03-2046. r~ \, 11 Jennife Irvin J1\ N.J....XI.. Dated: Sworn to and subscri e9 before me this /{~a'yof ....0. 11.. ,2000- ,/ , /" /{iu L~/ {J!ttz Notary Public My Commission Expires: NOTARIAL SEAL I VICTORIA L OTTO, NOTARY PUBLIC CARLISLE BORO" CUMBERLAND COUNTY MY COMMISSIO. EXPIRES DEC. 2 2006 ~m::nlnr B . . . CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Motion for Appointment of a Guardian in the Foreclosure Action upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Edward Schorpp, Esquire 10 East High Street Cariisle, PA 17013 Verna Kuhn 331 Burgners Road Carlisie, PA 17013 Attorney for Jennifer Irvin, Guardian for Sarah A. Kuhn Pro Se Defendant dJ/Ju.A~ U~' / Barbara A. Sha el Dated i-f/:n / oS (fcf\wamu\kuhn\pet for guardian) (--) c ", cc.;) c~ '~J' ~- ~j w .;-:~ '.., :< MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA RECEIVED MAY 06 200S if I / NO. 03-2046 vs. VERNA KUHN and SARAH A. KUHN, known Heirs of DENNIS L. KUHN, DECEASED, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ORDER 2-o0::'~ , 2@G:4, having reviewed the Plaintiff's AND NOW, this ~ day of 01, I Motion for Appointment of a Guardian in the foreclosure action and owing to the Consent of Jennifer Irvin to serve as the Guardian for her minor child, Sarah A. Kuhn for the limited purpose of this foreclosure action, IT IS HEREBY ORDERED AS FOLLOWS: Jennifer Irvin is appointed the Guardian of the minor, Sarah A. Kuhn for the limited purpose of the above-captioned foreclosure action. BY THE COURT: ~. IRvil..l ~M. Wineka, Esq., 1719 N. Front St., Harrisburg, PA 17102, Attorney for Plaintiff Award Schorpp, Esq.. 10 East High Street, Carlisle, PA 17013 ~rna Kuhn, 331 Burgners Rd., Carlisle, PA 17013, Pro Se Defendant >(\ ''? I" 0 . :,} '\.., :J . ","1['-''17 ,.,> ':;lJ'JG ~o MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 03-2046 vs. : CIVIL ACTION - LAW VERNA KUHN and SARAH A. KUHN, known Heirs of DENNIS L. KUHN, DECEASED, Defendants : IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF JENNIFER IRVIN. COURT APPOINTED GUARDIAN OF SARAH A. KUHN. A MINOR AS DEFENDANT. PURSUANT TO Pa.R.C.P. 2352 AND NOW, comes Plaintiff, Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA and files the following Voluntary Substitution and avers as follows: 1. Rule 2352 of the Pennsylvania Rules of Civil Procedure permits a substitution of a successor by the filing of record, a statement of the material facts on which the rights of substitution are based. 2. The Plaintiff wishes to substitute Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor in place of Sarah A. Kuhn as the Defendant in the above-captioned matter. 3. Material facts upon which the right of succession and substitution are based are as follows: The original mortgagor, Dennis L. Kuhn died intestate on December 7, 2002 and was survived by his Mother, Verna Kuhn and his only minor child, Sarah A. Kuhn. No formal Estate has been opened for the Decedent. On October 27, 2003, the Court granted Plaintiff's Motion to Substitute the Known Heirs of Dennis L. Kuhn and signed an Order allowing the Plaintiff to list as Defendants, Verna Kuhn and Safah A. Kuhn, Known Heirs of Dennis L. Kuhn. On May 4, 2005, Plaintiff filed a Motion for Appointment of a Guardian in the Foreclosure Action. On May 10, 2005, the Court granted Plaintiff's Motion and appointed Jennifer Irvin, the Mother of Sarah A. Kuhn to serve as the Guardian of her minor child, Sarah A. Kuhn for the limited purpose of this foreclosure action. Attached hereto and marked Exhibit "A" is a true and correct copy of the Court's May 10, 2005 Order. Respectfully submitted, Jill M ineka, Esquire Allo ey ID# 58802 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Date: i () I ~ 10,( Attorneys for Plaintiff RECEIVED MAY 062005 '.f'-' P' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2046 vs. VERNA KUHN and SARAH A. KUHN, known Heirs of DENNIS L. KUHN, DECEASED, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ORDER AND NOW, this JLJ1i day of Motion for Appointment of a Guardian in the fo closure action and owing to the Consent of Jennifer Irvin , 2005, having reviewed the Plaintiffs to serve as the Guardian for her minor child, Sarah A. Kuhn for the limited purpose of this foreclosure action, IT IS HEREBY ORDERED AS FOLLOWS: Jennifer Irvin is appointed the Guardian of the minor, Sarah A. Kuhn for the limited purpose of the above-captioned foreclosure action. BY THE COURT: /5/, -j -iG~ ~'J. ~. Distribution: Jill M. Wineka, Esq., 1719 N. Front St., Harrisburg, PA 17102, Attorney for Plaintiff Edward Schorpp, Esq., 10 East High Street, Carlisle, PA 17013 Verna Kuhn, 331 Burgners Rd., Carlisie, PA 17013, Pro Se Defendant EX_ J1 CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Plaintiff's Voluntary Substitution of Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor as Defendant Pursuant to Pa.R.C.P. 2352 upon the following by depositing same in the United States Mail, First Class Mail, Postage Prepared, addressed as follows: Hillary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendant, Jennifer Irvin, Guardian of Sarah A. Kuhn, a Minor Verna Kuhn 331 Burgners Road Carlisle, PA 17013 Pro Se Defendant 1 (;' ~-'i.4 h.tL.- ,~ Barbara A. Shadei' Date /{J/1/rJs~ (fcllwamu\kuhn\vol sub of deD ....' c..J <.-cc';) V' o C"') --"\ o ~n \ C"\ ~: '-? co MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2046 vs. VERNA KUHN and JENNIFER IRVIN, Court Appointed CIVIL ACTION - LAW Guardian of SARAH A. KUHN, a Minor, the Known Heirs of DENNIS L. KUHN, DECEASED, IN MORTGAGE FORECLOSURE Defendants MOTION AND NOW, comes the Plaintiff, Mortgage Electronic Registration Systems, Inc., through its Servicing Agent, Washington Mutual Bank, FA and by its attorneys, Purcell, Krug & Haller, and files the following Motion for incorporation of the attached Stipulation: 1. MovanVPlaintiff, Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA, filed a Complaint in Mortgage Foreclosure on April 30, 2003. 2. The Defendant, Dennis L. Kuhn, who died intestate on December 7, 2002, was survived by his Mother, Verna Kuhn and his only minor child, Sarah A. Kuhn. 3. On October 27, 2003, the Court granted Plaintiffs Motion to Substitute as Defendants, Verna Kuhn and Sarah A. Kuhn, the Known Heirs of Dennis L. Kuhn, Deceased. 4. On May 10, 2005, the Court granted Plaintiffs Motion appointing Jennifer Irvin as the Guardian of the minor child, Sarah A. Kuhn for the limited purpose of this foreclosure action. 5. Plaintiffs counsel and the Defendant, Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, have signed a Stipulation, agreeing to the entry of an !!:l rem judgment in favor of the Plaintiff, Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA and against the Defendant, Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor in the sum of $107,196.79, together with interest of $18.50 per diem from May 1, 2003, plus any additional costs and escrow advances for taxes and insurance. The original signed Stipulation is attached hereto. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue an Order incorporating the terms of the allached Stipulation. Respectfully submitted, Ji . Wineka, Esquire orney I D # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: ill,S)OJJ" Attorneys for Plaintiff 2 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2046 vs. VERNA KUHN and JENNIFER IRVIN, Court Appointed : CIVIL ACTION - LAW Guardian of SARAH A. KUHN, a Minor, the Known Heirs of DENNIS L. KUHN, DECEASED, IN MORTGAGE FORECLOSURE Defendants STIPULATION It is hereby stipulated and agreed by and between Jill M. Wineka, Esquire, Attorney for Plaintiff, Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA and Defendant, Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, that an ir:! rem judgment in mortgage foreclosure is to be entered in favor of the Plaintiff, Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA and against the Defendant, Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor in the amount of $107,196.79, together with interest at the rate of $18.50 per day from May 1, 2003, together with any additional advances for costs, taxes and insurance. v c:~~'\ . Wineka, Esquire, At rney for Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA J nifer Irvi ,Court Appointed Guardian for Sarah A. Kuhn, a Minor, Defendant Dated: ii/ILl/OS- Dated: \0 '~'1-0') CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Plaintiffs Motion upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Hillary A. Dean, Esquire Martson, Deardorff, Williams & Ollo 10 East High Street Carlisle, PA 17013 Attorneys for Defendant, Jennifer Irvin, Guardian of Sarah A. Kuhn, a Minor Verna Kuhn 331 Burgners Road Carlisle, PA 17013 Pro Se Defendant (~(;.~ I Barbara A. Shadel Dated: 11/1&/05' (fcl\wamu\kuhn\motion & slip) C) ".,) :::;1 ~ \'1 ~..,:.:. i~'" c:) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o Washington Mutual Bank,FA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW VERNA KUHN and JENNIFER IRVIN, Court Appointed Guardian of SARAH A. KUHN, a Minor, the Known Heirs of DENNIS L. KUHN, Deceased, Defendants NO, 03-2046 CIVIL TERM ORDER OF COURT AND NOW, this 2Stl1 day of November, 2005, upon consideration of Plaintiff's motion for entry of an in rem judgment against a minor, a hearing is scheduled for Wednesday, December 7, 2005, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, Jill M. Wineka, Esq. 1719 North Front Street Harrisburg, P A 17102 Attorney for Plaintiff ., / Verna Kuhn 331 Burgners Road Carlisle, P A 17013 Defendant, pro se /J -;; --tJ)- ~ ~~ )11'5 ('I] II.! ,. Jennifer Irvin 251 Petersburg Road Carlisle, P A 17013 Defendant, pro se Courtesy Copy: Hillary A. Dean, Esq. 10 East High Street Carlisle, P A 17013 :rc PAY TO THE ORDER OF _ _l, :<R'JG ,.,. HALLER W02819-25743 Kuhn, Estate of Dennis Filing fee for judgment BAS Purcell, Krug &. Haller 1719 North Front Street Harrisburg, PA 17102 COMMERCE BANK NINE AND 00/100 DOLLARS************* PROTHONOTARY OF CUMBERLAND COUNTY 11'10 101, 2011,11' 1:001100101081,(;,1: PURCELL, KRUG & HALLER b))0El.UXE BUSINESS FORMS 1+800-328-0304 www.deIulUIfofTllu:om CHECK DATE 11/16/2005 114234 CHECK NO. CHECK NO. 114234 11/16/2005 CHECK DATE ~ 114234 CHECK AMOUNT 9.00 114234 CHECK AMOUNT $**********9.00 VOID AFTER 90 DA VS 5 10 ID ~ ~ . , ] t 00 .. 114234 III . 4 . . . LAW OFFICES HOWARDB. KRUG LEON P. HALLER JOHN W. PURCELL, JR. JILL M. WINEKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN USA A. KYNARD q:>~ Xu;; f3 ~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 783-4939 HERSHEY (717) 533,3836 JOSEPH NISSLEY (1910_1982) JOHN W. PURCELL VALERIE A. GUNN Of Cou/lsel November 16, 2005 Prothonotary Cumberland County Court House Carlisle, PA 17013 Re: Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA v. Verna Kuhn and Jennifer Irvin, Court Appointed Guardian of SARAH A. KUHN, a Minor, the Known Heirs of Dennis L. Kuhn, Deceased No. 03-2046 - In Mortgage Foreclosure Dear Prothonotary: Enclosed for filing, please find an original and one copy of a Motion, proposed Order and Stipulation in the above-captioned matter. I am also enclosing a check in the amount of $9.00 for the filing fee and stamped, extra copies of the Order and self-addressed envelopes to all parties. Please return a date-stamped copy of the Motion, Order and Stipulation to me in the extra envelope provided. Thank you. 'ncerely, fh.~~ JMW/bas Enclosures cc: Hilary A. Dean, Esq. w/enc. Verna Kuhn, w/enc. /JorfJO-JL EJ eClnn/L ~P~iS wi hriYJ l~kmd) Inc. J c} ct h(r1ghYJ /1.. aJ funk,f--4 V~rJ k'uhn r>1YlcLffnniffr . ~ I Lf..J//n{ C()UJ f ApPO/hkJ 91JO.nlian ~ GOfoJz J/-, 1uJ;'l; o It{ r'n Of / flu- /UJ ow'! f./u'r-s OJ })ehYJi i L.!whn / De CLQseoJ In the Court of Common Pleas of Cumberland County, Pennsylvania No. (] 3 - ;) 0 ~ lo Civil. l-9 pn-uJpc ~~j~~~ ~~f!t~~ ~~;:tc! 3lACLtij an ot c \0JZLh JI j( .0...0'1) 0. Iu" LYI {fy', To Prothonotary 19 ~"~,~~ -- -----..---.----..'.... No. Tenn. 19 _ vs. PRAECIPE Filed 19_ . AllY. .::..,.1 c:::: r , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o Washington Mutual Bank, F.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v VERNA KUHN and JENNIFER IRVIN, Court Appointed Guardian of SARAH A. KUHN,: a Minor, the Known Heirs of DENNIS L. KUHN, Deceased, NO. 03-2046 CIVIL TERM Defendants IN RE: IN REM JUDGMENT ORDER OF COURT AND NOW, this 7th day of December, 2005, upon consideration of a motion filed by Plaintiff, Mortgage Electronic Registration Systems, Inc., through its servicing agent, Washington Mutual Bank, F.A., of the stipulation entered into and attached to the motion, and following a proceeding at which Plaintiff was represented by Jill M. Wineka, Esquire, and Jennifer Irvin in her capacity as court-appointed guardian of Sarah A. Kuhn, a minor, was represented by Hillary A. Dean, Esquire, and with the consent of counsel, it is hereby ordered that the Prothonotary is directed to enter an in rem judgment in mortgage foreclosure in favor of the Plaintiff, Mortgage Electronic Registration Systems, Inc., in care of Washington Mutual Bank, F.A., and against the Defendant, Jennifer Irvin, court-appointed guardian of Sarah A. Kuhn, a minor, in the amount of $107,196.79, together with interest at the rate of $18.50 per day from May 1, 2003, together with any additional costs and escrow advances or taxes and insurance. It is noted that this judgment does not represent in any way an in personam judgment against the minor child, and ii, r:,:J C"I , c,: .. . .~ involved in this case. is collectible only from a sale of the mortgage real estate Jill M. Wineka, Esquire 1719 North Front Street Harrisburg, PA 17102 For Plaintiff Hillary A. Dean, Esquire 10 East High Street Carlisle, Pa 17013 For Defendants :mae By the Court, tt{ J. esley Ole , /J-f6:'l e. . ~ '~-<L ]Us- < 4 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o Washington Mutual Bank, FA, Plaintiff vs. VERNA KUHN and JENNIFER IRVIN, Court Appointed Guardian of SARAH A, KUHN, a Minor, the Known Heirs of DENNIS L. KUHN, DECEASED, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2046 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue, with prejudice, the above-captioned action against the Defendant, Verna Kuhn only. Dated: '2-/I.::dOJ Respectfully submilled, .uk Ji . Wineka, Esquire orney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4H8 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of Plaintiffs Praecipe to Discontinue upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Hillary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Verna Kuhn 331 Burgners Road Carlisle, PA 17013 Attorneys for Defendant, Jennifer Irvin, Guardian of Sarah A. Kuhn, a Minor Pro S<e Defendant \').tJM-f.-M<-- C . C;JIU<.~ Barbara A. Shadel ' Dated: /J../15/~.s ~ ,..., 0 () (') = -n c.:;:) ?J V( (;: ,~.r' --4 t c.:J ::C-n it \). rn ('HI;: n ~arq ~ ['.) i (~ C;~, ---- '- C) :.Jr~ 5C -- :.'-1'1 ~ "" ,;)C=:, F ~, /~rn -- -- ~ '-:-? :-=-~I --t:: , ~ ~ ,V 'D '< '-......t: -' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., C/O WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, IN MORTGAGE FORECLOSURE DEFENDANT(S) P RAE C I PE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Pursuant to Plaintiffs motion and stipulation for judgment, and pursuant to the Order of Court dated December 7,2005, please enter an "in rem" JUDGMENT in favor of the Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe., C/O WASHINGTON MUTUAL BANK, FA and against Defendant(s) JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED in the sum of$107,196,79 together with interest at the contract rate of $18,50 per diem from May 1, 2003, together with any additional advances for taxes and Insurance. PURCELL, KRUG & HALLER By Leo ler PA LD. #15700 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 ~ ~. '- ~ ~ -.., "'-l ----- (\ (\ \ it ~ .;;" .~ ~~'0 ~'\:) <::; Q \,.J " "'- '~ :c. ,--;, o -:J~ S'2 r 7 71-' (~ ~ r-:: i y.: ,\". "" c:::? = "'" ...,.., r<1 CD I (..) o .1 '-I :'J:,:} f11F-_ ~1~J '-~_~ ~~1 '." -1< . -J (') .:.j,T; ~ N (\.-" N " .~,~ -< MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe., C/O WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, IN MORTGAGE FORECLOSURE DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237 I hereby certify that on FEBRUARY 2,2006 I served a true and correct copy of the Praecipe to enter judgment required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid (copy attached), addressed as follows: JENNIFER IRVIN COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR AND KNOWN HEIR OF DENNIS L. KUHN, DECEASED 251 PETERSBURG ROAD CARLISLE, PA 17013 Hi1lary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 By Leon P. Attorn for Plaintiff Purcell, Krug & Haller 1719 North Frout Street Harrisburg, PAl 71 02 Dated: February 2,2006 -~~ __4 -' .--- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o Washington Mutual Bank, F.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v VERNA KUHN and JENNIFER IRVIN, Court Appointed Guardian of SARAH A. KUHN,: a Minor, the Known Heirs of DENNIS L. KUHN, Deceased, Defendants NO. 03~2046 CIVIL TERM IN RE: IN REM JUDGMENT ORDER OF COURT AND NOW, this 7th day of December, 2005, upon consideration of a motion filed by Plaintiff, Mortgage Electronic Registration Systems, Inc., through its servicing agent, Washington Mutual Bank, F.A., of the stipulation entered into and attached to the motion, and following a proceeding at which Plaintiff was represented by Jill M. Wineka, Esquire, and Jennifer Irvin in her capacity as court-appointed guardian of Sarah A. Kuhn, a minor, was represented by Hillary A. Dean, Esquire, and with the consent of counsel, it is hereby ordered that the Prothonotary is directed to enter an in rem judgment in mortgage foreclosure in favor of the Plaintiff, Mortgage Electronic Registration Systems, Inc., in care of Washington Mutual Bank, F.A., and against the Defendant, Jennifer Irvin, court-appointed guardian of Sarah A. Kuhn, a minor, in the amount of $107,196.79, together with interest at the rate of $18.50 per day from May 1, 2003, together with any additional costs and escrow advances or taxes and insurance. It is noted that this judgment does not represent in any way an in personam judgment against the minor child, and , ~ is collectible only from a sale of the mortgage real estate involved in this case. By the Court, ~il . Wineka, Esquire 9 North Front Street Harrisburg, PA 17102 For Plaintiff Hillary A. Dean, Esquire 10 East High street Carlisle, Pa 17013 For Defendants :mae . ym!E t.o.PY FROM RiSCORO ',', ,"""'."~"'I!''''" Vt'- .......~ ; ,! ... , , . :'C',~'i-;n,}il?' '~;jk;;_;~DJ, j i~:efe ~.H~iD 50! rn; 11~d . '.J !il~ O.:}2! cl ;;,:;11 Court ~t CariiSill. Pa. da" 0 ;.,2.00 r o <;.:, --;::: 1.:.' 1J)1,. (f ---> '<,.::;7> c.::lI "" ...., ,-n c;:; \ '-'" ,- /.., ..,....,. ~.-~ -'- I;;?, --I -c-(\ f\"\f';'-;C rn -r, _-~ <.~...._,/ -0 :2'r;: .-'":' "L ~:(-'\ \~~ ~)\ \,,J. -;; e;l ,4 r:--? N (..) - I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-2046 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF Total Judgment Amount per Court Order 12/7/05 Iuterest from 5/1/03 Per diem of$ t 8.50 to sate date 6/7/2006 Late Charges from 5/03 @ $46.82 per month to sale date 6/7/2006 Escrow Deficit $107,196.79 $20,812.50 VS. $1,685.52 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, DEFENDANT(S) $2,500.00 TOTAL WRIT $132,194.81 *Plus additional interest, late charges and other costs to date of sherifrs sale. SALE DATE: Wednesday, June 07, 2006 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Cterk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly Issue a Writ of Execution in the above captioned case, pursuant to the judgment and Order of Court dated December 7, 2005. Date: January 26, 2006 Attorney for Plaintiff 1719 North Front Street Harrisburg, PAl 7102 (717) 234-4178 eon P. Haller PA LD. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY , ALL THAT CERTAIN tract of land situate in the Township of Lower Frankford, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:- . BEGINNING at a point in the public road at land of George Shrghart; thence by the said lands south 10 degrees 30 minutes east 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a westerly direction 345 feet to a marked tree; thence by land now or formerly of Annie M. Gillough north 16 degrees 15 minutes west 841 feet through a walnut tree to a point in the center of the said public road; thence by the center of that road south 87 degrees 15 minutes east 377 feet to the point of BEGINNING. LESS AND EXCEPTING the following described tract of land, bounded and described as follows, to wit:- BEGINNING at a P.K. nail in the centerline of Township Road No. T-457, on the line of Lot No.1 on the hereinafter mentioned Subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of 229.57 feet to an iron pin; thence along the same, South 77 degrees 32 minutes 08 seconds West, a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E. Wiser; thence along the latter, North 16 degrees 15 minutes West, a distance of 268,18 feet to a P.K. nail in the centerline of said Township Road; thence along the latter, South 87 degrees 17 minutes 31 seconds East, a distance of 100.00 feet to a P.K. nail; . thence along the same, North 89 degrees 24 minutes 59 seconds East, a distance of 60.00 feet to a P.K, nail, the Place of BEGINNING. CONTAINING .8865 acres according to a Subdivision Plan for Edith M. Saphore, by Eugene A. Hockensmith, R.S., dated June 22, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 51, and being designated as Lot No. 2 thereon. HAVING THEREON ERECTED A DWELLING KNOWN AS 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Edith M. Saphore by deed dated 7/24/00 and recorded 8/3/00 in Cumberland County Deed Book 226, Page 668, granted and conveyed unto Dennis L. Kuhn. The said Delmis L. Kuhn is deceased. By operation oflaw, title to the property now vests in Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, the Known Heir of Dennis L. Kuhn, Deceased TO BE SOLD AS THE PROPERTY OF JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED ON JUDGMENT NO. 03-2046 ASSESSMENT NO. 14-6-25-30 ~. ~ -~ '-.. f,\~ ~- G ~ ~. <..)-.l '-'\ --- 1"- ~ G ~ 'oK. :--" -<:> '" > '" '" ~ ~J C> C ---- """,,, -l\ f'- l>," -...... (-----. ~ -. o ,j s--- s:: ~ ., ~ -....t: ~'-~ ~ ~ Cl c ~-ct.\." 'J...j ~ !-n~r: Vj Z,; ~ \ () ~7~:; D ~ ~ ""'-- ~ A' --- ---~ ('" '\ L~. 'j.~ ~ c? <:'.:-.> c'-... ..,., ...... o:;! \ W """ > ~ rv <..oJ o -\1 ~~ r'n-1.-J r:' _"f'1. :c:::~~5~. -'t~.':!.) '&'f;~. '~::t ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe., C/O WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this&, day Of~20 V& -- . NOTAR!A: C,"Al MAH"I;' A ' ~ I . ..NO K FTFii~~~TT I')"'"'' D, t " " J, Notary PUblic ".: ','~; , uA: on 11",p". Dauphin Coun '.:~.(~~~~Issron ExpIres Aug. 8, 20~ (') c:- <:.~ 0i'" :--", ...~ tb cr ...,.., G \ v:> ~~,.- '....::.:. ::.;' ,l.-; F S;;\ ..-4 :r;-n r,l~':-' ?t\t? ),C) ~:;l\ ' '~.~~ ~;~ "...-\,> ~,l\ T~:C..i ';"<' -<J -' ..,J;.'"' t" " I'~ v:> MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., C/O WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFlDA VIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execntion was filed, the following information concerning the real property located at 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013: I. Name and address of the Owner(s) or Reputed Owner(s): JENNIFER IRVIN COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR KNOWN HEIR OF DENNIS L. KUHN, DECEASED 251 PETERSBURG ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (I) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, P A 17] 05 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, P A 17105-8486 , Mountain Heritage Federal Credit Union 800 Foxcroft A venue Suite 704 Martinsburg, WV 25401 4. Name and address oflast recorded holder of every mortgage ofrecord: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 321 BURGNERS ROAD CARLISLE, PENNSYLVANIA 17013 Hillary A. Dean, Esquire Martson, Deardorff, Williams & Olto 10 East High Street Carlisle, P A 17013 Vera Kuhn 331 Burgners Road Carlisle, P A 17013 (In the preceding infonnation, where addresses could not be reasonably ascertained, the same is indicated.) . [ verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. [ understand that false statements herein are made t to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authorities. lerPA 1.0. #15700 ell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:January 26,2006 (") ,..., 0 C'~ c: C:;::I "n < c.r' -n ,0', ...., .-1 n" rn :r.:...,.., ;:;~ OJ rn-'- "cS:, ,", t -:: ,:1 C) - W ;-~~ (:.) 'J J~ --0 - -.," ~'.;' (~' ::t: ;]~t:\ (E': ;.-" , >: ~ ,--. r:-? , ~;7. "' "'r,. =2 N :iJ w ,< , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe., C/O WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 07, 2006 TIJ'vlE: 10:00 O'clock A.M, LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ofa statement of the measured boundaries of the property, together with a brief mention ofthe buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 321 BURGNERS ROAD CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-2046 JUDGMENT AMOUNT $107,196.79 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govemmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause, This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Cornmon Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 . ALL THAT CERTAIN tract of land situate in the Township of Lower Frankford, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:- . BEGINNING at a point in the public road at land of George Shrghart; thence by the said lands south 10 degrees 30 minutes east 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a westerly direction 345 feet to a marked tree; thence by land now or formerly of Annie M. Gillough north 16 degrees 15 minutes west 841 feet through a walnut tree to a point in the center of the said public road; thence by the center of that road south 87 degrees 15 minutes east 377 feet to the point of BEGINNING. LESS AND EXCEPTING the following descrihed tract of land, bounded and described as follows, to wit:- BEGINNING at a P.K. nail in the centerline of Township Road No, T-457, on the line of Lot No.1 on the hereinafter mentioned Subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of 229.57 feet to an iron pin; thence along the same, South 77 degrees 32 minutes 08 seconds West, a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E. Wiser; thence along the latter, North 16 degrees 15 minutes West, a distance of 268.18 feet to a P.K. nail in the centerline of said Township Road; thence along the latter, South 87 degrees 17 minutes 31 seconds East, a distance of 100.00 feet to a P.K. nail; thence along the same, North 89 degrees 24 minutes 59 seconds East, a distance of 60.00 feet to a P.K, nail, the Place of BEGINNING. CONTAINING .8865 acres accord,ng to a Subdivision Plan for Edith M. Saphore, by Eugene A, Hockensmith, R.S., dated June 22, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 51, and being designated as Lot No. 2 thereon. HAVING THEREON ERECTED A DWELLING KNOWN AS 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Edith M. Saphore by deed dated 7/24/00 and recorded 8/3/00 in Cumberland County Deed Book 226, Page 668, granted and conveyed unto Dennis L. Kuhn. The said Dennis L. Kuhn is deceased. By operation oflaw, title to tile property now vests in Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, the Known Heir of Dennis L. Kuhn, Deceased TO BE SOLD AS THE PROPERTY OF JENNIFER JRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED ON JUDGMENT NO. 03-2046 ASSESSMENT NO, 14-6-25-30 " ....., 0 C~_) C C;:) .on ~'~. 0' , ...., ::;:I f"'l m:D c;o r " I"""'" I :"'( t~" ~ W '( -rJ ~~i r~ _k , i,"'jril ~~.~ r:-:> ~';;! "",,- :;J N :p .- " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~aC"'(X.. ,a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129. I to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: JENNIFER IRVIN COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR KNOWN HEIR OF DENNIS L. KUHN, DECEASED 251 PETERSBURG ROAD CARLISLE, P A 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUP ANT 321 BURGNERS ROAD CARLISLE, PENNSYLVANIA 17013 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Mountain Heritage Federal Credit Union 800 Foxcroft Avenue Suite 704 Martinsburg, WV 25401 Hillary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Vera Kuhn 331 Burgners Road Carlisle, PA 17013 , UG & HALLER rneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN 1. TYLER NICHOLE M. STALEY O'GORMAN LAW OFFICES g>~~rY~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLV ANlA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 JENNIFER IRVIN COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR KNOWN HEIR OF DENNIS L. KUHN, DECEASED 251 PETERSBURG ROAD CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 321 BURGNERS ROAD CARLISLE, PENNSYLVANIA 17013 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Mountain Heritage Federal Credit Union 800 Foxcroft Avenue Suite 704 Martinsburg, WV 25401 -I --- HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL Hillary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Vera Kuhn 331 Burgners Road Carlisle, P A 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129,1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being ed of said Sheriff's Sale. . aller P A LD.15700 ttomey for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., C/O WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 03-2046 JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 07, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 321 BURGNERS ROAD CARLISLE, PENNSYL VANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-2046 JUDGMENT AMOUNT $107,196.79 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds ofthe sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause, This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL THAT CERTAIN tract of land situate in the Township of Lower Frankford, County of Cumberland and Commonwealth of pennsylvania. more particularly bounded and described as follows, to wit:- . BEGINNING at a point in the public road at land of George Shrghart; thence by the said lands south 10 degrees 30 minutes east 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a westerly direction 345 feet to a marked tree; thence by land now or formerly of Annie M. Gil10ugh north 16 degrees 15 minutes west 841 feet through a walnut tree to a point in the center of the said public road; thence by the center of that road south 87 degrees 15 minutes east 377 feet to the point of BEGINNING. LESS AND EXCEPTING the following described tract of land, bounded and described as follows, to wit:- BEGINNING at a P.K. nail in the centerline of Township Road No. T-457, on the line of Lot No.1 on the hereinafter mentioned subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of 229.57 feet to an iron pin; thence along the same, South 77 degrees 32 minutes 08 seconds West, a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E. Wiser; thence along the latter, North 16 degrees 15 minutes West, a distance of 268.18 feet to a P.K. nail in the centerline of said Township Road; thence along the latter, South 87 degrees 17 minutes 31 seconds East, a distance of 100.00 feet to a P.K. nail; . thence along the same, North 89 degrees 24 minutes 59 seconds East, a distance of 60.00 feet to a P.K. nail, the Place of BEGINNING. CONTAINING .8865 acres accord~ng to a Subdivision Plan for Edith M. Saphore, by Eugene A. Hockensmith, R.S., dated June 22, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 51, and being designated as Lot No. 2 thereon. HA VlNG THEREON ERECTED A DWELLING KNOWN AS 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Edith M. Saphore by deed dated 7/24/00 and recorded 8/3/00 in Cumberland County Deed Book 226, Page 668, granted and conveyed unto Dennis L. Kuhn. The said Dennis L. Kuhn is deceased. By operation of law, title to the property now vests in Jennifer Irvin, Court Appointed Guardian of Sarah A Kuhn, a Minor, the Known Heir of Dennis L. Kuhn, Deceased TO BE SOLD AS THE PROPERTY OF JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED ON JUDGMENT NO. 03-2046 ASSESSMENT NO. 14-6-25-30 7loIoO 3'Illo 'WI"I 3:101 loEb TO: JENNIFER IRVIN, COURT APPOINTED'- GUARDIAN OF SARAH A, KUHN, A MINOR KNOWN HEIR OF DENNIS L. KUHN 251 PETERSBURG ROAD CARLISLE. PA 17013 SENDER: '-IJtJS (p- 7-& b REFERENCE: /i)fl1?7{( YS Y{uhJ PS Form 3SOO Janu 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POS ~ ~. g L ,<\j~ \'t, '00 ~0 No__~_ I>' ~ 00 NotUOO..........-...._ '9c$i-? ~ '..41 ....,...,...,................................._ __......,....... esl~m...'..'...., Receipt for Certified Mall . . \ WASHINGTON MUTUAL BANK, FA v. JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED Cumberland County Sale 6/7/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING IIn compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: JENNIFER IRVIN COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR KNOWN HEIR OF DENNIS L. KUHN, DECEASED 251 PETERSBURG ROAD CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING IIn comDliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Hillary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING IIn compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 71 02 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: " II Q<S-I'-~I'<l8~~ . S~'I~ ' 2 ~ -== ~.-. : :J -- PflNEV BOWfC5 . 02 1A $ 00.950 '. 0004353871 FEB 07 2006 . MAILED FROM ZIP CODE 1 71 02 . WASHINGTON MUTUAL BANK, FA v. JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED Cumberland County Sale 6/7/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING IIn compliance with Postal Service Form 3877\ Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: TENANT/OCCUPANT 321 BURGNERS ROAD CARLISLE, PENNSYLVANIA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877\ Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 71 02 Postage: One piece of ordinary mail addressed to: Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877\ Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, P A 17105 Postmark: II j.-, 4'1'~~", ~UZ....-="'L "- f d ~ ~.-.- ::l _PITNEVBOVlr'lS 02 1A $ 00.950 0004353871 FEB 07 2008 MAILED FROM ZIP CODE 17102 . . U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 7102 Postage: One piece of ordinary mail addressed to: Mountain Heritage Federal Credit Union 800 Foxcroft Avenue Suite 704 Martinsburg, WV 25401 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Vera Kuhn 331 Burgners Road Carlisle, P A 17013 Postmark: /'Sd~ (v-'~~ [:(,007, L \:B:I \~l ...., 101 " lev, , -', " ./" ' ';:~?:?S~;~-jl~1:' ~~,:;',- ..~; y . Q4-t-~~", . Ii! ~""""1II::J. ! I.......,:~- :l -- J'tTNn 80WES 021A $ 01.900 0004353871 FEB 07 2006 . MAILED FROM ZIP CODE 17102 (') ..... c = 0 c;::;;:. .. lJ-' 'Tl ; ::;;:: -l :x-""., -r -< en :!l , N .-,.--,m .;:- .'j CJ " " -:j() , -cl 'S ~,f{ c :.J.1;: -...c~ c: ./.- am ;?- -"-l .-<.: C) -." ::0 W -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 7th day of June A.D., 2006, under and by virtue of a writ Execution issued on the 3rd day ofFeb, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2046, at the suit ofMtg Elec Reg Systems Inc against Sarah A Kuhn guard & Dennis L Kuhn heir is duly recorded in Deed Book No. 275, Page 3470. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this /~ day of ~ 01 lIQI, I.IUlIMtIllld Countt. CIrIIII. PA .., Conlfl~' &pill h FiII"""',,_1I1O ~,. The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2046 Civil Mortgage Electronic Registration Systems, Inc c/o Washington Mutual Bank, FA VS Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a minor, the Known Heir of Dennis L. Kuhn Deceased Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 07,2006 at 12:58 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jennifer Irvin, by making known unto Jennifer Irvin, personally, at 251 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2006 at 2:33 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jennifer Irvin located at 321 Burgners Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jennifer Irvin by regular mail to her last known address of 251 Petersburg Road, Carlisle, P A 17013. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 7, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 13150 W orldgate Drive, Herndon, VA 20170, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1 ,281.17. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 25.12 15.00 15.00 30.00 10.00 .50 1.00 8.80 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 9.28 15.00 20.00 587.00 430.40 19.57 25.00 39.50 $1,281.17 ,,/ So Answers: ~~~/---- R. Thomas Kline, Sheriff Byd(J~ Real Estate ergeant 1- ~J'O~ 9--. r/'~ JD' (f) J )1) . Uc-. Slf~.33 -..- 16u- / [' () t j I Mountain Heritage Federal Credit Union 800 Foxcroft Avenue Suite 704 Martinsburg, WV 25401 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUP ANT 321 BURGNERS ROAD CARLISLE, PENNSYLVANIA 17013 Hillary A. Dean, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Vera Kulm 331 Burgners Road Carlisle, PAl 7013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) ( 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 . t to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authorities. ler P ALD. #15700 ell, Krug & Haller 1719 North Front Street Harrisburg, PAl 7102 (717) 234-4178 DATE: January 26,2006 .. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs lnust be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 ALL THAT CERTAIN tract of land situate in the Township of Lower Frankford, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:- . BEGI~ING at a point in the public road at land of George Shrghart; thence by the said lands south 10 degrees 30 minutes east 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a westerly direction 345 feet to a marked tree; thence by land now or formerly of Annie M. Gillough north 16 degrees 15 minutes west 841 feet through a walnut tree to a point in the center of the said public road; thence by the center of that road south 87 degrees 15 minutes east 377 feet to the point of BEGINNING. LESS AND EXCEPTING the following described tract of land, bounded and described as follows, to wit:- BEGINNING at a P.K. nail in the centerline of Township Road No. T-457, on the line of Lot No.1 on the hereinafter mentioned Subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of 229.57 feet to an iron pin; thence along the same, South 77 degrees 32 minutes 08 seconds West, a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E. Wiser; thence along the latter, North 16 degrees 15 minutes West, a distance of 268.18 feet to a P.K. nail in the centerline of said Township Road; thence along the latter, South 87 degrees 17 minutes 31 seconds East, a distance of 100.00 feet to a P.K. nail; . thence along the same, North 89 degrees 24 minutes 59 seconds East, a distance of 60.00 feet to a P.K. nail, the Place of BEGINNING. CONTAINING .8865 acres according to a Subdivision Plan for Edith M. Saphore, by Eugene A. Hockensmith, R.S., dated June 22, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 51, and being designated as Lot No. 2 thereon. HAVING THEREON ERECTED A DWELLING KNOWN AS 321 BURGNERS ROAD, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Edith M. Saphore by deed dated 7/24/00 and recorded 8/3/00 in Cumberland County Deed Book 226, Page 668, granted and conveyed unto Dennis L. Kuhn. The said Dennis L. Kuhn is deceased. By operation of law, title to the property now vests in Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, the Known Heir of Dennis L. Kuhn, Deceased TO BE SOLD AS THE PROPERTY OF JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A. KUHN, A MINOR, THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED ON JUDGMENT NO. 03-2046 ASSESSMENT NO. 14-6-25-30 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-2046 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc., C/O Washington Mutual Bank, FA Plaintiff (s) From Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a minor the known heir of Dennis L. Kuhn, Deceased (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$107,196.79 L.L.$.50 Interest from 5/1/03 per diem of $18.50 to sale dated 6/7/06 $20,812.50 Atty's Comm % Due Prothy $1.00 Atty Paid $132.90 Other CostsLate Charges from 5/03 @ 46.82 per month to sale date 6/7/06 $1,685.52 - Escrow Deficit $2,500.00 Plaintiff Paid Date: February 3, 2006 (Seal) By: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 51 On February 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 321 Burgners Road, ...:...~ Carlisle, more fully described on Exhibit "A" ~#p. ~#> rb~ filed with this writ and by this reference incorporated herein. Date: February 17,2006 By: Real Estate Sergeant tltr : II 'V 8 - 93J qUOI V'd 'A1Nfl03 UNvltj38wna .:I.:I1~3HS 3Hl .:103JI.:I.:IO ) " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #51 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . i REAL ESTATE SALE No. 51 Writ No. 2003-2046 Civil Term Mortgage EIectIOnIc Registration Systems, Inc. c/o Washington M..,wal Bank FA VS Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a minor, the Known Heir of Dennis L Kuhn, Deceased Attorney Leon Haller DESCRIPTION ALL 1HAT CERI'AIN tract of land situate in the. Township of Lower Frankfotd, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point in the public road at land of George Sbrghart; thence by the said lands South 10 degrees 30 minutes East 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a Westerly direction 345 feet to a marked tree; thence by land now or formerly of Annie M. Gillough North 16 degrees 15 minutes West 841 feet through a Walnut"lree to a point in the center of the said public road; thence by the center of that road South F;7 degrees 15 minutes East 377 feet to the point of BEGINNING:. . LESS AND EXCEPUNG the following described tract of land, bounded and described as follows. to wit: BEGINNING at a P.K. nail in the centerline of Township Road No. T-457, on the line of Lot No. 1 on the hereinafter mentioned Subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of 22957 feet to an iron pin; thence along the same, South 77 degrees 32 minutes 08 seconds West, a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E. Wiser; thence along the latter, NMl 16 degrees 15 miDutes West, a . distau of 268.18 feet 'to a P.K.. nail in the <:eIIIdIiDe of said Township Road; thence along the~ South F;7 cIep:es 17 miDufes 31 secoadl East. a distance of 100.00 feet to a P.K. Mil; thence along the saine, North 89 degrees 24 minutes 59 seconds East, a distance of 60.00 feet to a P.K. nail, the Place of BEGINNING. CONTAINING .8865 acres according to a Subdivision Plan for Edith M. Sapbore, by Eugene A. Hockensmith, R.S., dated June 22, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 36, Page 51, and being designated as Lot No.2 thereon. HAVING THEREON erected a dwelling known as 321 Burgners Road, Carlisle, Pennsylvania 17013 BEING THE SAME PREMISES which Edith M. Saphore by deed dated 7 fl.4If1J and recorded 81 3100 in Cumberland County Deed Book 226. Page 668, granted and CODv.."Yed unto Dennis L. Kuhn. The said Dennis L. Kuhn is deceased. By operation of law, title tolbe property now vests in Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, the KlKt.vn Heir of Dennis L. Kuhn, Deceased. . TO BE SOlD as the property of Jennifer Irvin, Coort Appointed Guardian of Sarah A. Kuhn, a Minor, 1be known Heir of Dennis L. Kidm. Deceased on JwdeJnent No. 03-2046 ASSESSMENT r.lo. 14.6-25-30 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 ~,~,::t~y,1;:~A/ ~: ;~,~' . "'I..n>~;..., _ ., _ ~ y. i.(.'I"~. <.1, ,i""- M. Z L .,', .1... , i i ~ ~ t~ REAL ESTATE SALE NO. 51 Writ No. 2003~2046 Civil Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank FA vs. Jennifer Irvin. Court Appointed Guardian of Sarah A. Kuhn, a minor, the Known Heir of Dennis L. Kuhn. Deceased Atty.: Leon Haller ALL THAT CERTAIN tracl of land situate in the Township of Lower Frankford, County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows. to wit:- BEGINNING at a point in the public road at land of George Shrghart: thence by the said lands south 10 degrees 30 minutes cast 795 feet to an oak stump on the bank of the Conodoguignet Creek; thence up the bank of said creek in a westerly direction 345 feet to a marked tree; thence bv land now or formerly of Annie M. Gillough north 16 degrees 15 minutes west 841 feet through a walnut tree to a point in the center of the said pub- lic road; thence by the center of that road south 87 degrees 15 minutes east 377 feet to the point of BE~ GINNING. LESS AND EXCEPTING the fol- lowing described tract of land. bounded and described as follows, to wit:~ BEGINNING at a P.K. nail in the centerline of Township Road No. T- 457, on the line of Lot No. I on the hereinafter mentioned Subdivision Plan; thence along the latter, South 16 degrees 15 minutes 00 seconds East, a distance of 229.57 feet to an iron pin; thence along lhe same. South 77 degrees 32 minutes 08 seconds west. a distance of 152.68 feet to an iron pin on the line of land now or formerly of Wayne E. Wiser; thence along the latter, North 16 degrees 15 minutes West, a dis- tance of 268.18 feet to a P.K, nail in the centerline of said Township Road; thence along the latter. South 87 degrees 17 minutes 31 seconds East, a distance of 100.00 feet to a P.K. nail; thence along the same, North 89 degrees 24 minutes 59 seconds East, a distance of 60.00 feet to a P,K. nail, the Place of BE- GINNING. CONTAINING .8865 acres ac- cording to a Subdivision Plan for Edith M. Saphore. bv Eugene A. Hockensmith, R.S., dated June 22. 1979 and recorded in the Office of the Recorder of Deeds [or Cumberland Countv. Pennsylvania, in Plan Book 36, Page 51, ~nd be. ing designated as Lot No.2 thereon, H..-\VlNG THEREON FHF:CTUJ DWELLING KNOWN AS 32 BURGNERS ROAD. CARLISLE PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Edith M, Saphore by deed dated 7/24/00 and recorded 8/3/ 00 in Cumberland County Deed Book 226, Page 668. granted and conveyed unto Dennis L. Kuhn, The said Dennis L. Kuhn is deceased, By operation of law, title to the prop erty now vests in ,Jennifer Irvin, Court Appointed Guardian of Sarah A. Kuhn, a Minor, the KrlO\VIl Heir of Dennis L. Kuhn, Deceased TO BE SOLD AS THE PROP ERTY OF ,JENNIFER IRVIN, COURT APPOINTED GUARDIAN OF SARAH A KUHN. A MINOR. THE KNOWN HEIR OF DENNIS L. KUHN, DECEASED ON JUDG MENT NO. 03-2046 ASSESSMENT NO 146~25-3(}