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HomeMy WebLinkAbout03-3053WASHiNGTON MUTUAL BANK, FA Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ELLIS C. KUHN ACTION OF MORTGAGE FORECLOSURE Defendant THIS 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 ia 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 ia 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 AVENUE 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, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE ?UEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUM~LA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR KAZON 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 AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. ELLIS C. KUHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 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 of the 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, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, Plaintiff VS. ELLIS C. KUIffN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA, is a corporation whose address is P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. 2. Defendant, ELLIS C. KUHN, is an adult individual whose last known address is 1547 SPRING ROAD, CARLISLE, PENNSYLVANIA 17013. On or about, July 24, 2002, the said Defendant executed and delivered a Mortgage Note in the sum of $70,520.00 payable to WASHINGTON MUTUAL BANK, FA, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 1547 SPRING ROAD, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on March 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.45 per day From 02/01/2003 To 07/01/2003 ( based on contract rate of 7.0000%) Accumulated Late Charges Late Charges $23.46 From 03/01/2003 to 07/01/2003 $70,152.85 $2,017.50 $93.84 $93.84 Attorney's Fee at 5% of Principal Balance TOTAL $3,507.64 $75,865.67 **Together with interest at the per diem rate noted above after July 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. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A tree and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.0000% ($13.45 per diem), together with other charges and costs including escrow advances incidental thereto to the date,,gf Sheriff' s Sale and for foreclosure and sale of the property within described./"//" / ,// .,.~/.~., //'~ PURCELL, KRUG & I~"ALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Wmh08rwf (1696x2800x2 tiff) [3] NOTE t.o~, Number 5163678 JULY 24 , 2002 PITTSBURGH PENNSYLVANIA 1547 SPRING ROAD. CARLISLE. PENNSYLVANIA 171H3 1. BORROWER'S PROMISE TO PAY undor this Note in the form of cash, d~k or mo~3, ordor. 2. INTEREST y~arly rate of 7.000%. 6(B) of fids Note. 3. PAYMENTS (A) Time and Place of Payment~ plac. o if re. qUi~.d by tl~ Note Holder. 4. BORROWER'S RIGHT TO PREPAY 6. BORROWERtS FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments {Il) Delimit (DJ NO Waiver By Note IIoidcr MULTISTATE FIX£D RATE NOTE-Single Family-Fannie Mae./Ftedd~e Mae UNIFORM INSTRUMENT Fo~m 3200 I~1 WmhOSrwf (1696x2800x2 tiff) [4] by dollv~ing it or by mailing il by f~rsl ela~ mail Io me at II~ Pro.fly Ad~s. above or at a diff~g addr~s if I give 9. WAIVERS Howev~, tbis ~ion shah not ~ ex~ by ~d~r if such ~xorcise is pmhibil~ by Appli~bl~ Law. ELLIS G. KUIIN (S~al) (Seal) WmhOSrwf (1696x2800x2 tiff) [7] ALL that certain t~ect of land situate in the Township of North Middiaton, in Cumberland Count/, Pennsylvania, hounded and described as follows: Lots Nos. 89 and 90, Section Y, according to the Plan of Lots of Oakland Manor Realty Company, recorded in Cumberland County, Pennsylvania, Plan Book 2, page 53; each of said two lots having frontage of [wan[y-five (25) feet, or a total of fifty feet, on Spdng Street, and a depth of one hundred fifty feet. Tax ID No.: 29-18-138g-023 Wmh08rwf (1696x2800x2 tiff) [27] May 14, 2003 ELLIS C KU~N 1547 SPRING RD C~ISLE PA 17013-1586 I~Dan Number: 15163678 Property Address: 1547 SPRING RO~D C~LLISI~, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To see if HEMAl' c~m hch~. vo~ must lvlEE-f WITH A CONSUMER CREDIT COUN,~Ia!.ING AGENCY WITHIN 30 DAYS OF ~ DATE OF THIS NOTICI~. Take this Notice wiih ¥~ when you mee~ with the Co~,~selin~ A~eacv. WmhOSrwf (1696x2800x2 tiff) [28] rtou~ F~ Ase..~-y. Your apptic~'~on ~'-O s'r Se mca o~ pow~rked wi~in ~ (3O) days of your f'a~lr~t~Smee~nS. WmhOSrwf (1696x2800x2 tiff) [29] Ann: C.~erm~ Wnst,~n Mumal WmhOSrwf (1696x2800x2 tiff) [30] WmhOSrwf (1696x2800x2 tiff) [31] COIvlPANY NAlVlE: Washington Mutual Bank, FA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated 6/25/03 Title Dean LaRocha Att. Asst. Secretary SHERIFF'S CASE NO: 2003-03053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND WASHINGTON MUTUAL BANK FA VS KUHN ELLIS C RETURN - REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE KUHN ELLIS C DEFENDANT , at 0843:00 HOURS, on the at 1547 SPRING ROAD CARLISLE, PA 17013 ELLIS C KUHN a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the law, 2nd day of July , 2003 together with by handing to and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 45 00 10 00 00 31 45 Sworn and Subscribed to before me this /4 ~ day of ~~ot~ ~ A.D. othonotar¥ ~ So Answers: R. Thomas Kline 07/03/2003 PURCELL KRUG HALLER By: Deputy Sheriff WASHINGTON MUTUAL BANK, FA PlaJ_ntiff vs. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAE C I PE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants Ellis C. Kuhn for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest, (Per diem of $13.45 from 2/1/03 to 7/1/03) Accumulated late charges and Late charges ($23.46 per month to 7/03) 5% Attorney's Commission $70,152.85 $ 2,017.50 $ 187.68 $ 3,507.64 TOTAL $75,865.67** ** Together with additional interest at the per diem rate indicated above from July 1, 2003, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HAL~~ By Leon/~~er~W~pA i.~15700 'J[Ha~r r9 i sb~u r ~ f ~ it 7 iS ~ ~t (717) 234-4178 WASHINGTON MUTUAL BANK, FA Plaintiff VS. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on August 21, 2003 I served the Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant{s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. PURCELL, KRUG & HALLER ~ 1719 North Front Street Harrisburg, PA 17102 WASHiNGTON MUTUAL BANK, FA, Plaintiff VS. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 21, 2003 TO: ELLIS C. KUHN 1547 SPRiNG ROAD CARLISLE, PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARakNCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG~ intiff 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA Plaintiff VS. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM : : CIVIL ACTION - LAW - ; IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Co~mmonwealth and County, LEON P. H~tLLER, ESQUII~E 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 : bo~ f °~t/~is ~0~/~ay : LEON~ NOTARIAL SEAL MARYLAND K FERRE'FDI, Not~ry Public Lower Pa~on Twp., Dauphin County My Commission Expires Aug. 8, 2006 WASHINGTON MUTUAL BANK, FA Plaintiff vs. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM : : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in located at 1547 Spring Road, Carlisle, Amount due pursuant to Judgment Interest (Per diem of $13.45 from 7/1/03 to 12/10/03) Late Charges at $23.46 (7/03 to 12/03) Escrow deficit TOTAL WRIT the above matter on the real estate PA 17013 as follows: $75,865.67 $ 2,178.90 $ 258.06 $ 1,000.62 $79,303.25** ** Together with any additional interest, charges an~costs to the date of Sheriff's Sale. //' L 15700 ATTORNEY FOR PLAINTI~IF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated:September 9, 2003 Attached is a description of the real estate. LEGAL DESCRIPTION ALL that certain tract of land, situate in The Township of North Middleton, in Cumberland County, Pennsylvania, bounded and described as follows: Lots Nas. 89 and 90, Section ¥, according to the Plan of Lots al= Oakland Manor Reak~y Company. rec~3rded in Cumberland County. P~3r~sylvania, Plan Boor 2, page 33; each of said ~vo Io~.s having f~or~ta~e of t~v~nty-flv~ HAVING THEREON ERECTED A DWELLING KNOWN AS 1547 Spring Road, Carlisle, Pennsylvania BEING THE SAME PREMISES which Elizabeth B. Nicholson, Executrix of the Estate of Gertrude M. Burkholder, by Deed dated 10/25/99 and recorded 11/1/99 in Cumberland County Deed Book 210, Page 936, granted and conveyed unto Ellis C. Kuhn. TO BE SOLD AS THE PROPERTY OF ELLIS C. KUHN UNDER JUDGMENT NO. 2003-3053 CIVIL TERM PARCEL NO, 29-18~-1369-023 WASHINGTON MUTUAL BANK, FA : Plaintiff : vs. : ELLIS C. KUHN : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Krug of execution was filed, the following information concerning the real property located at 1547 Spring Road, Carlisle, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Ellis C. Kuhn 1547 Spring Road Carlisle, PA 17013 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose appears of record on the real property to be sold: AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, &Haller, sets forth as of the date the praecipe for the writ judgment UNKNOWN 4. Name and address of last of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): recorded holder of every mortgage 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: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (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 subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P~/~15700 Purcel~ ~rug &Haller 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 DATE: September 9, 2003 WASHINGTON MUTUAL BANK, FA Plaintiff ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF P~ ESTATE PURSUANT TO PENNSYLV~NIA RD-LE OF CIVIL PROCEDD-P~ 3129 T~ NOTICE: That the Sheriff's held: DATE: WEDNESDAY, SEPTEMBER 10, TIME:10:00 O'clock A.M. LOCATION: Sale of Real Property 2003 Cormmissioner's Hearing Room 2nd Floor Cun~berland County Courthouse Carlisle, Pennsylvania 17013 (real estate) will be 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: 1547 SPRING ROAD, CA~tLISLE, PA 17013 THE JUDG~NT under or pursuant to which your property is being sold is docketed in the within Comraonwealth and County to: 03-3053-CIVIL THE NA~(S) OF THE O~rNER(S) OR P~PUTED OWNERS of this property is: ELLIS C. KUHN 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 SA3~E 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 Phone (717) 249-3166 800-990-9108 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 Coramon 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. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land, Middleton, in Cumberland County, described as follows: situate in The Township of North Pennsylvania, bounded and Lots Nos. Sg and gO, Sect}on Y, according to the Plan of Lots of OakJand Manor Real~,J Company, recorded in Cumberland County. penmsylvania. Ptan Book 2, page 53; each of said ,~v~ I~ts having frontage of ~venty-five {25) feet, or a total of §fry feet. on Spdng Stree[. and a depth of one hundred fi~y feet HAVING THEREON ERECTED A DWELLING KNOWN AS 1547 Spring Road, Carlisle, Pennsylvania BEING THE SAME PREMISES which Elizabeth B. Nicholson, Executrix of the Estate of Gertrude M. Burkholder, by Deed dated 10/25/99 and recorded 11/1/99 lin Cumberland County Deed Book 210, Page 936, granted and conveyed unto Ellis C. Kuhn. TO BE SOLD AS THE PROPERTY OF ELLIS C. KUHN UNDER JUDGMENT NO. 2003-3053 CIVIL TERM PARCEL NO. 29-18-1369-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3053 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERiFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From ELLIS C. KUHN (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 $75,865.67 L.L. $.50 Interest PER DIEM OF $13.45 FROM 7/1/03 TO 12/10/03 Atty's Comm % Due Prothy $1.00 Arty Paid $113.45 Other Costs LATE CHARGES AT $23.46 (7/03 TO 12/03) - $258.06 - ESCROW DEFICIT $1,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 (Seal) CURTIS R. LONG Prothono,~,~y REQUESTING PARTY: Name LEON F. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLA/NTIEF Telephone: 717-234-4178 Supreme Court ID No. 15700 Deputy WASHINGTON MUTUAL BANK, FA Plaintiff vs. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE ~TURN OF SERVIc~ I hereby certify that I have d~p~sited in the U.S. Mails at Harrisburg, Pennsylvania on ~~ , a true and Correct copy of the Notice of Sale of Real Estate pursuant to PA the Defendants herein and all lienholders of record R.C.P. 3129.1 to by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached Service addresses are as follows: . Ellis C. Kuhn 1547 Spring Road Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Attorneys for~laL~i[f 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W. PURCELL HOWARDB. KRUG LEON p HALLER JOHN W. PURCELLJR. BRIANJ. TYLER JILL M WINEKA LAW OFFICES PURCELL, KRUG AND HALTER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234.-1206 NOTICE TO: JOSEPH Nt$SLEY (1910-1982} ANTHONY DiSANTO OF COUNSEL Ellis C. Kuhn 1547 Spring Road Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 HERSHEY (717) 533-3336 1099 GOVERNOR ROAO NOTICE IS EEi~EBY 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 HEI~EBY 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 A/{E FURTHER NOTIFIED that the lien you hold agai t the said real estate will be divested by the sale an . ~r~ni~y Fo protect your interest ~ ~-~ t~~ve an , . , ~ any, ~ ' led of o~=u ~nerlff s Sale ~,,~//~~ Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA Plaintiff vs. ELLIS C. KUHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3053 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTAT~ ~ORSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDUI~E 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: WEDNESDAY, SEPTEMBER 10, 2003 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (real estate) will be THE PROPERTY TO BE SOLD is delineated in detail in a lecal 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: 1547 SPRING ROAD, C2%P~LISLE, PA 17013 THE J~JDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 03-3053-CIVIL is: THE NAME(S) OF THE OWNER(S) OR i~EPUTED O~R~-ERS of this property ELLIS C. KUHN 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 ~T.~ 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 ~K3ST ACT PROM]~TLY. 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 Phone (717) 249-3166 800-990-9108 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. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land, situate in The Township of North Middleton, in Cumberland County, Pennsylvania, bounded and desczibed as follows: Lots Nos. 89 and 90. Section y, according to the Plan cf Lots oi' Oakland Manor Raal,~y Company. recorded in (25) feet. or a tote! of fifty feet. on Spring Street, and a depth of one hundred fifty feet. HAVING ?HEREON EREC?ED A DWELLING KNOWN AS 1547 Spring Road, Carlisle, Pennsylvania BEING THE SAME PREMISES which Elizabeth B. Nicholson, Executrix of the Estate of Gertrude M. Burkholder, by Deed dated 10/25/99 and recorded 11/1/99 in Cumberland County Deed Book 210, Page 936, granted and conveyed unto Ellis C. Kuhn. TO BE SOLD AS THE PROPERTY OF ELLIS C. KUHN UNDER JUDGMENT NO. 2003-3053 CIVIL TERM PARCEL NO. 29-18-1369-023 WAMU v. Kuhn Cumberland County sale 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Ellis C. Kuhn 1547 Spring Road Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Postmark: COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3053, at the suit of Washington Mutual Bank F S against Ellis C Kuhn is duly recorded in Sheriff's Deed Book No. 261, Page 2849. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ot~ ~-''- day of ~L-~~ , A.D2004 ~/fi ?~~t RecorderofDeeds Washington Mutual Bank, FA VS Ellis C. Kuhn In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3053 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2003 at 7:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ellis C. Kuhn, by making known unto Ellis Kuhn, personally, at 1547 Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 1:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ellis C. Kuhn located at 1547 Spring 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: Ellis C. Kuhn, by regular mail to his last known address of 1547 Spring Road, Carlisle, PA 17013. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 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 1900 Market Street, Suite 800, Philadelphia, PA 19102, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $623.82, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 12.23 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 204.95 Patriot News 169.84 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 623.82 Sworn and subscribed to before me This )o7 ~ day of ~,, ~'~-7 2004, A.D. (~thonotary So Answ~rs: _ R. Thomas Kline, Sheriff Real EstatODeputy ~o .~o (~ ~5~3 ~, J'-17331 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. My (jommissiO~ ~xPi v N O'F'A RY ~UBLI~ Member'Pennsytvania ASS°C~atJ°nOfN°t~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 169.84 Publisher's Receipt for Advertising Cost .o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 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. REAL ESTATE SALE NO. 54 Writ No. 2003-3053 Civil Washington MutuaJ Bank, FA VS, Ellis C. Kuhn Atty.: Leon P. Haller LEGAL DESCRIPTION ALL that certain tract of land, situate in The Township of North Middleton, in Cumberland County, Pennsylvania. bounded and scribed as follows: Lots Nos. 89 and 90, Section Y. according to the plan of Lots of Oak- land Manor Really Company, re corded in Cumberland County, Pennsylvania, Plan Book 2. page 53; each of said two lots bav/ng fi'ont- age of twenty five {25) feet, or a to- tal of fifty feet. on Spring Street. and a depth of one hundred filly feet. I-I~VING THEREON ERECTED A DWELLING KNOWN AS 1547 Spring Road. Carlisle, Pennsvlvani. SWORN TO AND SUBSCRIBED before me this 31 dayof OCTOBER, 2003 LOIS E. SNYDER, Notaq Public Carlisle Bom, Cumbedand County My Commission Expires March 5, 2005 Pennsylvania, bounded and de- scribed as follows: Lots Nos. 89 and 90, Section Y. according to the Plan of Lots of Oak- land Manor Really Company, re- corded in Cumberland County, Permsylvania, Plan Book 2, page each of smd two lots having front age of twenty five (251 i~et, or a to- tal of fil~y feet. on Spring Street. and a depth of one hundred fifty feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 1547 Sprtug Road, Carlisle. Pennsylvania. BEING THE SAME PREMISES ecutrbx of the Estate of Gertrude M. Burkholder. by Deed dated 10/25/ 99 and recorded 11/1/99 in Cum- berland County Deed Book 210, Page 936. granted and conveyed unto Ellis C. Kuhn, TO BE SOLD AS THE PROP- ERTY OF ELLIS C. KUHN UNDER JUDGMENT NO. 2003-3053 CML TERM. PARCEL NO. 29-18-1359-023. LOIS E, SNYDt Carlisle/~xo, Ct My Commission Ex