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HomeMy WebLinkAbout04-1149 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTITF WASHINGTON MUTUAL BANK FA, S/BIM TO WASHINGTON MUTUAL HOME LOANS, INC., S/BIM TO FLEET MORTGAGE CORP., FIKIA FLEET REAL ESTATE FUNDING CORP. 11200 WEST PARKLAND A VB. MILWAUKEE, WI 53224 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No.C>4 - 1N7 Cl~~('-r~ v. CUMBERLAND COUNTY SCOTT R. KUHN 38 BEAVER STREET ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 89754 File #: 89754 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is WASHINGTON MUTUAL BANK FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP.,F/K/A FLEET REAL ESTATE FUNDING CORP. 11200 \yEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: SCOTT R. KUHN 38 BEAVER STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/20/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1187, Page 201. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 89754 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2002 through 03/17/2004 (Per Diem $9.14) Attorney's Fees Cumulative Late Charges 12/20/1993 to 03/17/2004 Cost of Suit and Title Search Subtotal $51,350.23 6,836.72 1,250.00 820.67 $ 550.00 $ 60,807.62 Escrow Credit Deficit Subtotal 0.00 3,494.71 $ 3,494.71 TOTAL $ 64,302.33 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in mn Judgment against the Defendant(s) in the sum of $ 64,302.33, together with interest from 03/17/2004 at the rate of$9.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FE~D AN AN~ PHE5^"~~ By: ~ Hallinan F NK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 89754 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township ofEastPennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a pin at the intersection of the northern line of Ashford Drive with the western line of Beaver Avenue; thence along said northern line of Ashford Drive South 72 degrees 16 minutes 22 seconds West (S 72 16 minutes 22 seconds W.) a distance of25.0 feet to a point; thence continuing along the northern of Ashford Drive, along a curve to the West having a radius of 270.0 feet, an arc distance of 86.47 feet to an iron pin; thence along lands now or formerly of Maynard L. Sheaffer, North 17 degrees, 43 minutes, 38 seconds West (N 1743 minutes 38 seconds W) a distance of 127.31 feet to an iron pin; thence along lands now or formerly of Massymo Petrucci North 69 degrees, 27 minutes, 32 seconds East (N 69 27 minutes 32 seconds E) a distance of 110.20 feet to an iron pin on the western line of Beaver Avenue; thence along said western line of Beaver Avenue, South 17 degrees, 43 minutes, 38 seconds East (S 1743 minutes 38 seconds E) a distance of 119.00 feet to a point at the intersection of Ashford Drive and Beaver Avenue, the point or place of BEGINNING. CONTAINING 13,179 square feet and having thereon erected a one and one-half story frame and aluminium dwelling known as 38 Beaver Avenue. BEING Parcel 'A' as shown on the final subdivision plan for Harold Kell prepared by Ernest J. Walker, P.E., dated April 28,1980 and recorded in the Office of the Recorder of Deeds of Cumberland County at Plan Book Volume 38, Page 39. BEING the same premises which Harold G. Kell and Nancy L. Kell, husband and wife, by Deed dated February 21,1986 and recorded February 24, 1986 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 831, Page 997, granted and conveyed unto Harold G. Kell. The said Nancy L. Kell joins in this conveyance to transfer any right, title and interest she may have in said property by virtue of her marriage to Harold G. Kell. Being Known as: 38 Beaver Street File #: 89754 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. q-~::; 7~ Francis S. Hallinan, Esquire Attorney for Plaintiff (' ~. L DATE: '-. . ( 7c 7U I.) 'fQ ~ 1 ~ ~ ~ (g l ~ ~ f' ---...:)~ {.', r--J ~_:~ {'1 -11 -- (; r<' .... (~) :~ ,8 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01149 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KUHN SCOTT R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUHN SCOTT R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KUHN SCOTT R 38 BEAVER STREET ENOLA, PA 17025 38 BEAVER STREET IS VACANT. THERE IS NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 10.35 5.00 10.00 .00 43.35 So answers~ ......../...>''' >,~ -~~--- R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/30/2004 Sworn and subscribed to before me this ~ day of (It-"';) ~'f A.D. ( }"~Q.~,# p;n~notary Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fc)r Plaintiff Washington Mutual Bank FA, S/B/M To Washington Mutual Home Loans, Inc., S/B/M to Fleet Mortgage Corp., F/K/A Fleet Real Estate Funding Corp. COURT OF COMMON PLEAS CNIL DNISION vs. Cumberland COUNTY Scott R. Kuhn NO. 04-1149 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 38 Beaver Street, Enola, P A 17025, and in support thereof avers the following: I. Attempts to serve Defendant, Scott R. Kuhrt, with the Complaint have been unsuccessful. The Sheriff was unable to serve Scott R. Kuhn, at the above-mentioned mortgaged premises of 38 Beaver Street, Enola, P A 17025, which was found to be vacant, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:lMain Forms/motions/county.comp 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of April 26, 2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by J'irst class mail and certiJ'ied mail. Respectfully submitted, Federman and Phelan, LLP Aifum, ~P1."~ By. Lawrence T. Phelan, Esquire Francis S. Hallinarl, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: April 26, 2004 H:lMain Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney fbr Plaintiff Washington Mutual Bank FA, S/BiM To Washington Mutual Home Loans, Inc., S/BiM to Fleet Mortgage Corp., F/KJ A Fleet Real Estate Funding Corp. vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-1149 Civil Term Scott R. Kuhn MEMORANDUM OF LA": Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the naturf' and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs retum of ''Not Found" or the fact that a Defendant has TTKlved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales VS. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notic(~ of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adontion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and t:mployers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Fonns/motionslcounty.comp WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service oftlte Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phelan, LLP Attorne rPI~,~A /;1 By: ~ Lawren . Phelan, Esquire Francis S. Hallinarl, Esquire Daniel G. Schruieg, Esquire Thomas M. Federman, Esquire Date: April 26, 2004 H:lMain Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01149 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KUHN SCOTT R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUHN SCOTT R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KUHN SCOTT R 38 BEAVER STREET ENOLA, PA 17025 38 BEAVER STREET IS VACANT. THERE IS NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: ....~ ? 18.00 10.35 5.00 10.00 .00 43.35 --'-:~ ,,-'-"~\ ~- ...- .- <I.':;::;.. --::. .. ~Y ~~..' ::,.;.;..;;;....;"'. . --Y""'.,-_..';;,;",--~'c;... --~~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELlIN 03/30/2004 Sworn and subscribed to before me this day of A.D. Prothonotary McMullen Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 304-215 Attorney Finn: Federman & Phelan Subject: Scott R. Kuhn Current Address: 38 Beaver Street, Enola, P A 17025 Property Address: 38 Beaver Street, Enola, P A 17025 Mailing Address: 38 Beaver Street, Enola, P A 17025 I, Joan Mullen, being duly sworn according to law, do hereby depose and state as follows: I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct: Scott R. Kuhn - 205-52-4419 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information for Scott R. Kuhn. C. INQUIRY OF CREDITORS On 03-08-04 our inquiry of creditors it was indicated that Scott R. Kuhn resides at: 38 Beaver Street, Enola, P A 17025. II. INQUIRY OF THE TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 03-08-04 our office contacted directory assistance which indicated that Scott R. Kuhn resides at: 38 Beaver Street, Enola, P A 17025. Our office made a telephone call to the mortgagors phone number (717) 796-0114 and received the following information: wrong number III. INQUIRY OF NEIGHBORS On 03-08-04 our office contacted neighbor, E. Plantz, 42 Beaver Street, an unidentified female reported that the property was vacant. N. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-08-04 we reviewed the National Address database and found the following information: Scott R. Kuhn - 38 Beaver Street, Enola, P A 17025 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry with creditors, the following is a possible mailing address: no address on file V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Scott R. Kuhn VI. OTHER INQUIRIES A. DEATH RECORDS As of 03-08-04 Vital Records and all public databas,es have no death record on file for Scott R. Kuhn B. COUNTY VOTER REGISTRATION The Cumberland Voter Registration was unable to .:onfirm a registration for Scott R. Kuhn residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETc.) Our office condncted a search for public licenses 'ODd found the following: no records on file. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Scott R. Kuhn - YOB 1958 (est.). B. AKA. . All accessible pnblic databases have been checked and cross-refer,enced for the above named individual(s). 'Please be advised all database information indicated the subject resides at the cnrrent address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best f my knowledge, information and belief and that this affidavit of investigation is made u ~ect to the alties of I Pa. C.S. Sec. 404 to unsworn falsification to authorities. cr<< day of rJh~ JAME800~8fAL NIl ~n... ....-....~~~ Itj ea.... . ~\: ElipIIia OIC. 4, 2004 The above information is obtained from available public records an we are on y 13 e or e CDS 0 e a 1 avit. VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subj ect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman and Phelan, LLP Attorney for Plaintiff BY:4~/( Date: April 26, 2004 Francis S. HallJinan, Esquire H:lMain Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Fedennan, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 JohnF. KermedyBoulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank FA, S/B/M To Washington Mutual Home Loans, Inc., S/B/M to Fleet Mortgage Corp., F/K/ A Fleet Real Estate Funding Corp. COURT OF COMMON PLEAS Vs. CIVIL DIVISION Scott R. Kuhn Cumberland COUNTY NO. 04-1149 Civil Term CERTIFICATION OF SERY!Q];, I, Francis S. Hallinan, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. Scott R. Kuhn at: 38 Beaver Street Enola, PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: April 26, 2004 Respectfully submitted, Federman and Phelan, LLP ::=:~,:"ff/t Francis . H ~ESq H:fMain FormsJrnotions/county.comp (") ...., Q = c ii s.. )>0 ~::o -urrJ mi.'\ -U 2,:,;",' ;;;0 ~:~: N ~; u::> r" <: .." (5 ~::3 :x 5m )>c: ~ ~ N ~ (Jl FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK FA, SiB/M TO WASHINGTON MUTUAL HOME LOANS, INC., SiB/M TO FLEET MORTGAGE CORP., F!K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff vs. SCOTT R. KUHN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND County No. 04-1149-CNIL PRAECIPE TO REINSTATE CML ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 26. 2004 Ijrh, Svc Dept. FEDERMAN AND PHELAN, LLP ------- FEDE AN, ESQUIRE LA WRENCf' . PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (") ..., ~ c:=> C ~ g: ~ 1 -oce rnrn Z--:J:..i :;;0 """7'-- N :B /^-, '. ~~ ~;~~: '" ~ ~o -0 :zC :x ~ ,=0 <.5 ;l>c: ca -=-I ~ N ?5 C7' "< WASHINGTON MUTUAL BANK FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., FIK/A FLEET REAL ESTATE FUNDING CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SCOTT R. KUHN, Defendant NO. 04-1149 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of May, 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Scott R. Kuhn by (l) mailing a true and COrrect copy of the complaint by certified mail and regular mail, to Defendant's last known address at 38 Beaver Street, Enola, PA 17025, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 38 Beaver Street, Enola, PA 17025. BY THE COURT, " J. Wesley orer; Jr., ii, f' '-(J. ~:f t t f <.Jt C) iJ~ ViNVI\1,\SNN2~ JJ.NnCiJ i:n.!Vl!!.::iV'jnJ 91 :2 Wd 9-.wW ~OOZ I dV i CiNOH.lOcd 3Hl :lO 1\ - 3:)!,!;l(}-()31I:l FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff vs. SCOTT R. KUHN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County No. 04-1149-CNIL PRAECIPE TO REINSTATE CIVIL ACTlON/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: May 20. 2004 IjTh, Svc Dept. File# 89754 B' FEDERMAN AND PHELAN, LLP 7 0 ,..., c = ~ = ;;?~ ~ ;:}lii :x =2::n , n: ".. --?"-r ~~~-; -< nl.- N -o,rrl ~e' .s:- ~6 >c -0 ~-r; _....~, 2:t~ 3: <;;10 p. ,- C ~ ~:1 rT1 ~ :ii Ul -< SHERIFF'S RETURN - REGULAR CASE NO: 2004-01149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KUHN SCOTT R BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUHN SCOTT R the DEFENDANT , at 2020:00 HOURS, on the 25th day of May , 2004 at 38 BEAVER STREET ENOLA, PA 17025 by handing to POSTED PROPERTY AT 38 BEAVER STREET ENOLA, PA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 10.35 6.00 10.00 .00 44.35 .r'~~. R. Thomas Kline OS/26/2004 FEDERMAN & Sworn and Subscribed to before By: PH~~1 me this /~ day of eft" cJ.ov '1 A.D. <--) 1- O. ~ ;.~-z:: 'Nrothonotary ,-r-' Deputy Sheriff r.l'f. /.20 I . COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CAl.I (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 45 N. GEORGE ST., YORK, PA 17~:,t~E,,,~{~~~~~. .e1llUCTlONS PLEASE 'f'#H .... Y LIE 1 THRU 1 DO NOf'DlETACM AIfY COPES 1. PlAINTIFF/51 MONA.~CH PRODUCTS INC 2 COURT NUMBER 2004-SU-1045- Y08 4 TYPE OF WRIT OR COMPlAINT 04-1201 C 3 DEFENDANT/51 H A BROWN mc EXECUTION/IN'TERROGATDRIES(( SERVE { 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. HC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD \ ..... DILLSBURG POST OFFICE GARNISHEE .,.. 6 AOORESS (STREET OR RFO WITH BOX NUMBER. APT NO,. CITY. BORO. TIM'. STATE ANO ZIP CODE) AT 28 N BALTIMORE ST DILLSBURG PA 17019 7. INDICATE SERViCe" OPEFtSONAL o PERSON IN CHARGE UOEPUTllE I,JCERT_MAll o 1ST CLAS$ MAil UPOSTEO UOTHER NOW ,20_ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof'according to law, This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL "SSIST IN EXPEDITING SERVICE SERVE GARNISHEE ONLY DEF ADD; 257 lVtnSKEY SPRINGS RD DILLSBURG PA 17019 NOTE: ONlY APPUCASLE ON WRIT OF ~CUTlON: ~.8. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or altacrnng any property under within writ may leave same \1rithout a watchman. in custody of whomever is found in possessiOn, after notifying person Of levy Of aftachment, without liability on the part of IYch deputy Of' the Sheriff to any plaintiff herein for any toss, destrudiott, or removal 01 anv property before Sheriff's sale thereof. . 9. TYPE NAME and f.ODRESS of ATTORNEY/OR,GINATOR and SIGNATURE I to. TELEPHONE NUMBER I'" DATE FILED \iAYNE F SHADE ESQUIRE 717-243-0220 3/22/04 12 SENO NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area musl be completed if notice is to be mailed) 53 Ii! POt1FRET ST CARLISLE PA 17013 '. ,'<'./._IIlIllf"i~._..iH.lEllli.J'..,;...oo..l"W~J'_ow>l'tIIH.. 13. -I acknowledge recetpt of the writ 114. DATE RECEIVEO "\15 Expiration/Hearing Dale orCOll\jllainf as indiaIled above LBO\oil'1AN . 4/12/04 6/20/04 16. HOW SERVED PERSO~ RESIDENCE ( ) POSTED ( ) POE ( l SHERIFF'S OFF'CE ( l OTHER ( ) SEE REMARKS BELOW t7~fy and return a NOT FOUNO becau", I am unabte to locate the In(Jwidual, company, etc. named above. (see remalb below.) . NAME TlE OF lNDMDUIU. SERVED 0}ST "DDRESS HERE IF NOr SHOI/ofl ABOVE (Relationship fo ~nf) 1'9. Oale 01 Se'77120 Time 01 Service - ~ f-"O {5 77J1!1-Sr;c!f2 :;rJ?:J6l.J~U0 -!t/;S;O;: II 112ft f/'1 -;("TTEM rOle I r_\ ~ Inl I Dale I Time I Mnesl'nl I Dale I TUM I-I,n, I Dale I r_I_\I~ I Dale I Time rUeS\lnl I DalTme tneslln, REMfI,RKS. tlPP ""'" Co..s 124 Service CoS'S!2S. NIF 126. Mneage 127. Poslagel28 Sub Total 12fl. Po"",, 130. No1aty 131 Su.chg 132 TOI C""'I33 ~\:l$o"'Rel",' IChe"" No O.ATY L,,:,.OO 17.25 7.92 71.17 2.00 30.00 103-.17 ~,S.83/167~6 'In County CoMa /35. Advance Cosls 136_ Service Costs 137, Notary Cert, '38. MiteagelPos.tageINot Found '39. Total Costs I 40. Costs Due or Refund MEDand subo<ribed to t>eto'" me'his ?-~~ .. Signa_of .~/)~ IO~RS 4)rQATi- _ J / 11.4-7 ,20 q'j.3 'J'-k 6/, Oep. SheriIl / f.)h A ./ ./ 7- /j 7:;1'if . "_";V\' TARY .6. Sign "''''ofY'''''. /, ;/1(.4.,,- L~~ '" .r.D"TE-- Notanal Seal County Sheriff /",' 3t/j--;."/ .4i! (; ~""-,,.,. nes V 'langreen. Notary PublIC '.~ / 5/24/04 ~jty of York, York County, PA )mmlsslon E)Cpires Mar, 21, 2005 48, ~ "rOfelQn 49_ DATE _ C';unty'ie.".tf .",EDGE RECEIP-r 01' THE SHERIFF'S RETURN SIGN~ ~ U~ I 51 DATE RECEIVED lRlZED ISSUING AUTHORITY AND TITLE ""lI"""","ly 2. PINK -Attorney 3 C"NARY - sr....,rs Offioo . BLUE - S_sOfflce . Federman and Phelan, LLP Frank Federman, Esq., Id. No. 12248 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 One Penn Center plaza, Suite 1400 Philadelphia, PA 19103 (71~) ~h,_7000 Attomey For Plaintiff WASHINGTON MUTUAL BANK FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/KfA FLEET REAL ESTATE FUNDING CORP. : Court Of Common Pleas : Civil Division : CUMBEBLAND County : No. 04-1149 CNlL TERM vs. SCOTT R. KUHN AFFIDAVIT OF SFRVT('F R'':: pURl.1rAT10N TN ArrORDANrF WlTH CnTTRT ORDHR I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated May 6, 2004 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b )(1) in Th" S"nt;nel on M"y 7h, 7004 and rnmh..rbnrl I "w 10urnal on Inn" II 7004. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties ofl8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JRH. Svc Dept. File# 89754 an, Esquire Date: June 17, 2004 PROOF OF PUBLICATION - State of Pennsylvania, County of Cumberland Tammy Shoemaker, Customer Care Sales manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following date(s): May 26,2004 't, "'." eposes that he/ she is not subject matter of the :Jr advertisement, and that III)T1CI the foregoing statement 1'0~" ~!!';IIIlHN:; ", and character of l" ," ,,' ...~18_""''wASHlN<;lTONMIJTIJALIlAI!IKP'''~,' ~u'2{)1. _ , I ,...~"",1 ,.' ',.,' de!~_;:~~=:f~~~~~' ~tuG'8f- , _ __ ....1O"tOfOC!oolIon Ihe mOllll8llO _ on your propeHy IoCalO6 at:li IlEll\lE'lllslill....' " ENOI.A\~17025, ~yaurprop8ltt'_..._IlyIhe$hilrlllol CUIl8ERl,ANDCOUnIy; ".:v' Y~~~'g;.~=~~";'.CampIoIRton.r_20daya_".d"'ol~" , NO~E _j',' WY'1U_lIt~._muat._aw_~""""""""'.~- __ . "c'b db f m this obI' ......-.~_.Yo~..., 111I Y\IIl 101I.-:.;........-~_'"if~'...:' nee ore e :.=::::=_,~......,... _1O'lI\a_=~tiIiI~~~j W04 y~__~.~.IFYOUOO.NO,"HAl('''U.~:~tCl J~~ INFOAMATlQMMlilUT HIlIIIIIIl...~BI ICI CAN1'I'I0V1DE1'OlJ wlI'\l'''' IF YOUCANNOT AFFOAP TO HIfIE A LAW'IIR THIS OFFIClii MAY lIE _ETO PAo",iola.vou WIDt, INI'ONUInOMABOllt AGENCIES THAT'IlAY OFFER LEGAL SEIlVICES TO 1!l.~~'^1t~ I\J.t nF:,".-'-..' - ' " N t P bl' CIJMIlEALAND 'COIJNlY .' " 0 ary u IC C\JWE....,I?~rR~OCIATION c~,~~fs (717)24~188 I COPY OF NOnCE OF PUBLICATION . =,,~~UCI.O$ll1lE III~__. .lIlI~.~.~~~IA, , NO.04-1149-CIVIL :ASI.\1t~"_.f.' ,~ ,CORf'.,FIKIA ""'~_...... '" " CORf';,Pl.AINTIFF v.. ,_ _ ,,':- -, seullW.~lil!~~ ~- }' Ii ' ~ ~ " '" ",IWa,U.P. , 0I1e."",, c..IiI!. $ullt 1'400 Ph~ PA19103 (215)583-1000 ct. 'xpires: , ....~ NOTARIAL SEAL . DARCIE A. NEIL. Notary PublIC carUsle. cumbe~and counl':/ 05 My Qemrnl.~l..n E,~~_.2.lh: --~_. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 STATEOFPENNSYLVANIA : 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 JUNE 4, 2004 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 allt:gations in the foregoing statements as to time, place and character of publication are tme. . / ,}L q -- / L' sa Marie Coyne, ditor L SWORN TO AND SUBSCRIBED before me this 4 day of JUNE. 2004 do1'.d ~~ . NOTA ALSEAL LOIS E. SNVDER, Notary Public Cartisle ElOro, cumbertand County My Commil;sion Expires Maroh 5, 2005 CUMBERLAND LAW JOURNAL NOTICE NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 04- Il49-Clvll WASHINGTON MUTUAL BANK FA. S/B/M TO WASHINGTON MUTUAL HOME LOANS. INC.. S/B/M TO FLEET MORTGAGE CORP.. F /K/ A FLEETREAL ESTATE FUNDING CORP.. PLAINTIFF vs. SCOTT R. KUHN. DEFENDANT NOTICE TO SCOTT R. KUHN: You are hereby notified that on March 18.2004. Plaintiff, WASHING- TON MUTUAL BANK FA. S/B/M TO WASHINGTON MUTUAL HOME LOANS. INC.. S/B/M TO FLEET MORTGAGE CORP.. F /K/ A FLEET- REAL ESTATE FUNDING CORP.. filed a Mortgage Foreclosure Com- plaint endorsed with a Notice to De- fend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 04- Il49-CIVIL. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at 38 BEAVER STREET. ENOLA. PA 17025, where- upon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. If you wish to defend. you must enter a wrttten appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case nnay proceed without you and a Judgment nnay be entered against you without further notice for the rellef requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE TIlE OF- FICE SET FORTH BELOW, TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 (717) 249-2: 166 FRANK FEDERMAN. ESQUIRE FEDERMAN & PHELAN. L.L.P. Attorneys for Plaintiff One Penn Center SuIte I 4.00 Phlladelphla. PA 19103 [215) 5<13-7000 June 4 3 C1 (--- C \ ~- - .,(.-. =< ....., c::>> C:,J .1;:.- ( c~:.:~; o Ii ..... ..,.. f'ilFQ -:-r:"" ; r=J IJ (., I i~~~J ;:jr'l :::,-\ ,."C>- :~J -.,.: N -0 c.."'o) CJ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FORPLAINTWF WASHINGTON MUTUAL BANK FA, S/BIM TO WASHINGTON MUTUAL HOME LOANS, INC., S/BIM TO FLEET MORTGAGE CORP., F/KJA FLEET REAL ESTATE FUNDING CORP. COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County Plaintiff vs. SCOTT R. KUHN No. 04-1149-CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTlONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP By: ~ ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: September 7. 2004 Imbm, Svc Dept. File# 89754 c:: --, --l .--, ,:.:::;::} <.~ '-..-) ~n .-\ ~.r: ;:1 (/) \";.. \..,' r.,) SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01149 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KUHN SCOTT R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUHN SCOTT R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KUHN SCOTT R 38 BEAVER STREET ENOLA, PA 17025 HOUSE IS VACANT AND PADLOCKED. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.10 5.00 10.00 .00 44.10 R. Thomas Kine Sheriff of Cumberland County FEDERMAN & PHELAN 09/15/2004 Sworn and subscribed to before me this ..2/~ day of JfJ~ ,;2{jp I( A . D . n _Q~,~ p~o~tary , FEDERMAN AND PHELAN, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 THOMAS M. FEDERMAN, ESQ., ID. NO. 64068 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/KIA FLEET REAL ESTATE FUNDING CORP. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. SCOTT R. KUHN No. 04-1l49-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTlON/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP By: ~ I~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE THOMAS M. FEDERMAN, ESQUIRE Attorneys for Plaintiff Date: October B. 2004 / mbrn. Svc Dept. File# 89754 C) :::1 -_...~ ,<.~ CJ C,) co FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., FIKIA FLEET REAL ESTATE FUNDING CORP. 11200 WEST PARKLAND AVENUE MIL W AUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1149 CIVIL TERM Plaintiff, v. SCOTT R. KUHN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SCOTT R. KUHN , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/17/04 to 12/9/04 TOTAL $64,302.33 $2,449.52 $66,751.85 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ - DANIEL G. SC&H~QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /.;). /O-t:ly /5( ~ /..;,(0/ PRO PRO THY ~ ( ) r-,~ 17:::) ,..... ~~:.; J:.:',:.> :----- .....r.:"'" I i , ---I , =1:: "-I r II ;,1.: C~) '-, J ~ C r",,) 0 1...('; FEDERMAN PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SIBIM TO : COURT OF COMMON PLEAS WASHINGTON MUTUAL HOME LOANS, INe., SIBIM TO FLEET MORTGAGE CORP., F/KJA FLEET : CIVIL DMSION REAL EST ATE FUNDING CORP. Plaintiff : CUMBERLAND COUNTY Vs. : NO. 04-1149 CML TERM SCOTT R. KUHN Defendants TO: SCOTT R. KUHN 316 3RD STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: NOVEMBER 24.2004 TIDS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A mDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (') ......) 0 c:, ~~.; t."~.) "j I .c- O f-~'l ('J C) -:; " , --:"", ,. ~ a \D - .. SHERIFFIS RETURN - REGULAR CASE NO: 2004-01149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KUHN SCOTT R HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, saysl the within COMPLAINT - MORT FORE was served upon KUHN SCOTT R the DEFENDANT I at 1746:00 HOURS I on the 3rd day of November I 2004 at 316 3RD STREET NEW CUMBERLAND, PA 17070 by handing to SCOTT R.KUHN a true and.attested copy of COMPLAINT - MORT FORE .' together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 37.74 .00 10.00 .00 65.74 So Answers: ..- /~ ,:;:7 L/..-:::t ?"' ",," ,~" ,~/ .~ ....7~~~~<: 1~A:;'i.-~ R. Thomas Kline 11/04/2004 FEDERMAN & PHELAN Sworn and Subscribed to.before By: 74( !vJ~~ , " Dep~ty Sh~ff. me this day of A.D. Prothonotary I' ~u~RMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/BfM TO WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY S/B/M TO FLEET MORTGAGE CORP., FIKIA COURT OF COMMON PLEAS FLEET REAL ESTATE FUNDING CORP. 11200 WEST PARKLAND AVENUE CIVIL DIVISION NO. 04-1149 CIVIL TERM Plaintiff, v. SCOTT R. KUHN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT R. KUHN is over 18 years of age and resides at , 316 3RD STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~PG.lr~ DANIEL G. SCHMIEG, E'SQUIRE Attorney for Plaintiff () 1'-.:> ( " ~") - , C~ (;~~J - i I ..c- '''r t' C:. :~-:! ,. r ; i i I r C) -~f~.i Cl J ." ,I ." ,. I J : -I ::} C) ,-., LEGAL DESCRIPTION ALL THAT CERTAiN t.r8Ct or parcel of land and premises situate lying and being in the Township of I:::ast Pcnnsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly dQ;cribc:d as follows: BEGINNING at a pin at tbe intersection of the Northern tine of AsbfQro Drive with the Western line of B~avcr Avenue~ thence along said Northern line of Ashford Drive Sooth n degrees 16 minutes 22 s\.'comts West ($ 7116' 22" W) a distance of 25.0 feet to a point: thenee continuiDg along the Nortbem of Ashford Orhte, along a curve to the West baving a radius of 270.0 feet, an arc distanee of 86.47 fed [, > an iron pin.; thence along lands now or furmerly of Maynard L. Sheaffer, North 17 degrees, 43 fllillures. 38 seconds West (N 1743' 38" W) a distance of 121.31 feet to an iron pin; thence along lands Ih)W or formerly of Massymo Petrucci North 69 degrees, 21 minutes, 32 seconds East (N 69 27' 32" E) a distance of 110.20 feet to an iron pin on the Western line of Beaver Avenue; tttence along said Western line of Beaver Avenue. South 17 degrees. 43 minutes. 38 secoDds East (S 1743' 38" E) a rlislallcc of 119.00 feet to a point at the intersection of Ashfocd Drive and Beaver Avenue, the point or pla<.:t of beginning. CONTAfNING 13,1'79 square feet and having thereon erected a one and one-hJ.f story frame aud ~ll(lminum dwelling known as 38 Beaver Avenue. DEfNG parcel M A" as shown on the final subdivisioD plan for Harold Kelt prepared by Ernest J. \V alkcr. P. E. > dated April 28. 1980 and recorded in tbe office of the recorder of deeds of C\lmbetland Coumy at Plan Book Volume J8, Page 39. TITLE TO SAID PREMlSP-S IS VESTED IN Scott R. Kuhn, married man by Deed from Harold C. Kell and Nancy L. Ken. busband and wife dated 12120/1993 and recorded 12121/1993 in Deed B:>ok 36-5 Page 185. PROPERTY ADDRESS: 38 BEAVER STREET, ENOLA, P A 17025 TAX PARCEL: #09-13-1002-209A ~ , l (') ........, c:-' (") ~ ,-- t.: ...) '.- . -'il ...r.- ~ < CO.) --I r-r J -, - C) ~ '\ \../ ;' .. , . 0 ~ ~ ~ ~:..: ( ...., --- ~ .:r-o i~' (",) ~ Cl -< W (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, SIBIM TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/K/A FLEET REAL ESTATE FUNDING CORP. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1149 CIVIL TERM Plaintiff, v. SCOTT R. KUHN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, FA, SIBIM TO WASHINGTON MUTUAL HOME LOANS, INC., S/BIM TO FLEET MORTGAGE CORP., F/K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff, No. 04-1149 CIVIL TERM v. SCOTT R. KUHN Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66,751.85 v Interest from 12/9/04 to JUNE 8,2005 (per diem -$10.97) $1,985.57 and Costs TOTAL $68,737.42 ~J;p G ~I~ DANIEL G. SCHMIEG, E~QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. r..:$ OZ oo~ <~ ~~ =-00 ZZ OZ ~~ ~ " O~ u~ r..~ 00 ~u ~~ 5~ u~ ~~ == ~~ z~ ~u ~ Ee~ ~ ":~~~ <O~ r..=~~~ ~~s~o <~o-u =~~<~ ~~~~~ ~zEe "Z~ ~ooo . '"""""' ,,=-~ ....~ .~~ ~~~o~ z~~u~ O=OO~< t;~~~~ Z~O~~ =O~; oo~ 0 ~ ~ r,l ... Z ~ ~ ~ ~ o u 00 Z o ~ ~ ~ u ~'E' ~ = r.. ~ o~ ~ f: ~~ ~~ ~ C'C o~ r.. 6 ~6 ~ u ~ 'f~ .~ ..... C';$ ....... ~p.., J~ t' S o .. < .0 Q) ....... ~ Q t"- Q t"- ..... < =- ~ sa ~ = ~ ~ u ~ ~ z ~ ~ ~ E-c 00 ~ M \C ..... M U5 tf.l Q) ~ ~ ... -d Q) ~ tf.l Q) .t:J ~ S ~ g. 0... ! LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and prelui.ses situate lying and being in the Townsbip of East pcnnsooro in the County of Cumberland and Commonwealth of Pennsylvania, mOle particularly d~i.;ribed as follows: BEGINNING at II pin at the intersection of the Northern tine of A$hfoId Drive With the Western line of Deaver Avenue; thence along said Northern line of A~hford Drive Sooth 72 degrees 16 minutes 22 s\.'con<1s West ($ n 16' 22~ W) a distance of 25.0 feet to a point; theuee continuiag along the Northern of Ashford Drive, along a CUNe to the West baving a radius of 270.0 fed, an arc disttmce of 86,41 feet h~ an iron pin~ thence alQug lands now or formerly of Maynard L. Sheaffer, North 17 degrees, 43 tI1LtlUtes, 38 seconds West (N 1143' 38" W) a distance of 127.31 feet to an iron pin; thence along lands now or formerly of ~'fassymo Petrucci North 69 degrees. 27 minutes, 32 seconds East (N 69 27' 32" E) a distance of 110.20 feet to an iron pin on t:b.e Western line of Beaver Avenue; thence along said Wt"Stern line of Beaver Avenue, Sooth 17 degrees, 43 minutes, 38 seooDds East (5 1743' 38" E) a (lislau~ of 119.00 feet to a poilU at the intcrsecti<>n of Ashford Drive and Beaver Avenue, the point Of pl.ic~ of beginning. CONTAfNIl~G 13,179 square feet and having thereon erected a one and one-ha1f story frame aud aluminum dwelling known as 38 Beaver Avenue. BETNG parcel K A" as shown on the final subdivision plan for Harold KeU prepared by Ernest J. Walker. r.E., dated April 28, 1980 and recorded in the office of the- recorder of deeds of Cumberland (:oumy at Plan Book Volume 38, Page 39. TITLE TO SAID PREMISFS IS VESTED 1M Scott R. Kuhn. married man by Deed from Hvold G. Ken aDd Nancy L. Ken, husband and wife dated 12t20t1993 and recorded 1212111993 in Deed Book 36<-S Page 185. PROPERTY ADDRESS: 38 BEAVER STREET, ENOLA, P A 17025 TAX PARCEL: #09-13-1 002-209A ... :-- ~~ ~ ~ fP ~ ~ ~ ..j ~ , , ~ ~ & r~ f"o....:l <:'"::l n W f.;.._"J "'11 ........ ~ ...:- ~ I 0 --,/ ~ ~"- " n'l .. - ("'") ril .' ~ -- -;~'l (./ .",'; ~ ~ c:' , I ~ -. ~ '\ ..,..~ .." ~ ., .' - " ,< i 'f~ ~ ' f ~~: I') ) C) ,.~" I...CJ ~ ~ ~ ~'t\~~~~,~~. ~ ~~%B~~~~ "" ~ .. ~ .... ->-.0[ . ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Washington Mutual Bank, FA, SIBIM to Washington Mutual Home Loans, Inc., SIBIM to Fleet Mortgage Corp., F/KJA Fleet REal Estate Funding Corp. N004-1l49 Civil CIVIL ACTION - LAW Plaintiff (s) From Scott R. 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,751.85 L.L.$.50 Interest FROM 12/9/04 to June 8, 2005 (per diem-$10.97) $1,985.57 and Costs Arty's Comm % Due Prothy $1.00 Arty Paid $279.54 Plaintiff Paid Other Costs Date: December 10, 2004 CURTIS R. LONG (Seal) Prothonotary By: ~~~~k, ~ Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 UUI'rt:m..t' &ur+ ~ b. {p~ .;J,.63 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center DEC-09-200409:37:07 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency KUHN SCOTT R. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. f::;W~CL-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you bave information tbat makes you feel tbat tbe DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further researcb will be done. For personal privacy reasons, SSNs are not available on tbis printed results page. Requesters submitting a SSN only receive verification tbat tbe SSN tbey submitted is a matcb or non- matcb. https:/ /www.dmdc.osd.mil/udpdri/owalsscra.prc _Select 12/9/2004 () ......., (0) c::') c: C'':' -n -1:;...... C:' ::::;~\ \-;, C') , c:: ~:: ... ." r',,) C:) u::l FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., FIKIA FLEET REAL ESTATE FUNDING CORP. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1149 CIVIL TERM SCOTT R. KUHN Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ G ;"'~4 DANIEL G. SCHMIEG, l!SQUIRE Attorney for Plaintiff 0 I'-..~ '-~ ~:"r- <.;.:..) _r':'- ., 0 '. r : ''''17 ,..-; " 0 .. ~ , - ." i , I ,- f'<, C') -" \J~) WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/KJA FLEET REAL ESTATE FUNDING CORP. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-1149 CIVIL TERM SCOTT R. KUHN Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/K/A FLEET REAL ESTATE FUNDING CORP., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,38 BEAVER STREET, ENOLA. P A 17025 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT R. KUHN 316 3RD STREET NEW CUMBERLAND, P A 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 38 BEAVER STREET ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 9,2004 DATE ~ G .-2,rk-f DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ". 0 C) ... 1'--.' c::) t,;',J .J;.~ n r-. '~ ('J n II --I ~'1 ~ ~", rll . -~1 (_ :;, .'.( I..; ,.,._" c::-' 1..0 WASHINGTON MUTUAL BANK, FA, S/B/M TO W ASIDNGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff, CUMBERLAND COUNTY No. 04-1149 CIVIL TERM v. SCOTT R. KUHN Defendant(s). December 9, 2004 TO: SCOTT R. KUHN 316 3RD STREET NEW CUMBERLAND, P A 17070 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 38 BEAVER STREET. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66.751.85 obtained by WASHINGTON MUTUAL BANK., FA. S/B/M TO WASHINGTON MUTUAL HOME LOANS. INC.. S/B/M TO FLEET MORTGAGE CORP.. F/K/A FLEET REAL ESTATE FUNDING CORP. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate lying and being in the Township of l::~t Pennsboro in the County of cumberland and Con:tn1Onwealth of Peno.sylvania. more particularly dC~l,;ribc:d as follows; BEGINNING at a pin at the intersection of the Northern line of Asbf(lro Drive with the Western line of B~avcr Avcnue~ thence along said Northern Line of Ashford Dri....e South 72 degrees 16 minutes Z2 5,~:conds West (S 72 16' 22" W) a distance of 25.0 feet to a point; thence continuing along the Northern of Asl1tord Dri,,'e, along a curve to Ute West having a ra4ius of 270.0 feet, an arc distance of 86.41 feet II) an irou pin; thence along lands now or formerly of Maynard L. Sheaffer, North 17 degrees, 43 flllumes, 38 seconds West (N 1743' 381' W) a disttm.ce of 127.31 feet to an iron pin; thence along lands I1\JW or formerly of Massymo PetrUCci North 69 degrees. 27 minutes, 32 seconds East (N 69 27' 32" E) a distance of 110.20 feet to an iron pin on me Western line of Beaver Avenue; thence along said W\~$tcrn line of Beaver A venue, South 17 degrees. 43 minuteS, 38 seoollds East (S 17 43' 38. E) a cI isrltu...:e of 119.00 feet to a point at the intersection of Ashford Drive and Beaver Avenue, the point or pl<1";\.' of beginuing. CONTAINING 13,179 square feet and having (hereon erected a one and ()l1C-balf story frame and ~llurtlinum dwelling known as 38 Beaver Avenue. DETNG parcel ~ A" as shown on the final subdivisi(}Q plan for Harold Kc:ll prepared by Ernest 1. Walker. P.E., daled. April 28, 1980 and recorded in the office of the recorder of deeds of Cuntberland County at Plan Book Volume 38, Page 39. TITLE TO SAID PREMISK~ IS VESTED IN Scott R, Kuhn, married man by Deed from Harold (;. Kelt and Nancy L. Kell. husband and wife dated 1212011993 and recorded 1212111993 in Deed B:>ok 3(}..S Page 185. PROPERTY ADDRESS: 38 BEAVER STREET, ENOLA, PA 17025 TAX PARCEL: #09-13-1002-209A " . () .......,) r) (-:-J (- <...l -n ..;;--;- C) --~ -r I' 'I n1 ,-) , -n '., .' l C:> I { -n \ - ." - n . ~,.. \,-.) C) '-0 .. AFFIDAVIT OF SERVICE !)LAINTIFF WASHINGTON MUTUAL BANK, FA, S/B/M TO W ASIDNGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., FIKIA FLEET REAL ESTATE FUNDING CORP. CUMBERLAND COUNTY PJT No. 04-1149 CIVIL TERM ACCT. #8016750518 DEFENDANT(S) SCOTT R. KUHN Type of Action - Notice of Sheriff's Sale SERVE SCOTT R. KUHN AT 316 3RD STREET NEW CUMBERLAND, P A 17070 Sale Date: JUNE 8, 2005 SERVED Served and made known to x6tf- elt 1 () ^ , o'clock ~.m., at S/ r;, , Defendant, on the c;< tJ J day of C'-.) '-\" ~ \f \<7 IV ~ (]a: ~ ,200F f(. K~'^~ .5~~' S~. . / ~ltW , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _~Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or rel.ationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ( c) - ~<?t ~ ~ *-&~ ~ h00~J ~ 'VJ-o.,:jo ~NIia~ Other: . I' _ to N ~ ,^-a.:-; "- Description: Age ..JS Height S {, Weight ~ Race Lv ~ Sex ~ Other ~ <) :> la..s.:s-c:> ~ i, C~c:::~c.~ t.... ~*1..I~a competent adult, being duly sworn according to law, depose and state that I personally handed a tlUe and correct copy of the Notice of Sheriffs Sale in the ma a t forth herein issued in the ca tioned case on the date and at the address indicated above. NOTARIAL SEAL lUClU.E H. CARTY, Nobly PubIc Sworn to and subscribfd LetlBrbnn 1i '), Franklin County be lore me this ~~ az; My w Nov.10,2007 of ~t-.l. ,20?.12. c;d /, Notary:(/~ ~~. By: PLEASE ATTEMPT SERVICE A.JLEAST 3 TIMES. INDICATE & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sf Attempt: / I Time: 2nd Attempt:_ / / Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff j),miel G. Schmieg, Esquire - LD. No. 62205 0 r-..~ C <::;::> 0 = .'- <"..n -n ;:;1 L... ::;,,, ~:r , ~ n I'--~ r- Cf) - ::nr.:D a ) ,-, r ~, ' - :C~~: ~ -,' ~~~ ( .....:..- .. (~: LV en ::: -~ co SHERIFF'S RETURN - REGULAR CASE NO: 2004-01149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KUHN SCOTT R HAROLD WEARY , 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 SCOTT R the DEFENDANT , at 1746:00 HOURS, on the 3rd day of November, 2004 at 316 3RD STREET NEW CUMBERLAND, PA 17070 by handing to SCOTT R KUHN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 37.74 .00 10.00 .00 65.74 So Answers: ./" ,,;:/. /;/ ~ r... r..-,//J ~. .::;.. J ;';~':"- ,'~,..,"^'_.~.,;:"" ,~/:"-~"v':f-v" . ",,,,,,,-~.,;, ,.....""'"".,....,~..~.~... .f R. Thomas Kline 11/04/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: 7Ltr( jJ$t ~ Deputy Sh ff me this IOI.!? day of .~ ~'f A.D. C)'j4~ 0- rtuetw ~ prothonotar , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WASHINGTON MUTUAL BANK, FA, ) CIVIL ACTION S/B/M TO WASHINGTON MUTUAL ) HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., FIK! A FLEET REAL ESTATE FUNDING CORP. vs. SCOTT R. KUHN ) CIVIL DIVISION ) NO. 04-1149 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANK., FA. SIB/M TO WASHINGTON MUTUAL HOME LOANS. INC.. SIB/M TO FLEET MORTGAGE CORP.. F/K/A FLEET REAL ESTATE FUNDING CORP. hereby verify that on 12/21/04 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: AprilS, 2005 D NIEL G. SCHMIEG, ESQUIRE - Attorney for Plaintiff . ~ ~ :'lC0'l,j!~ '--~ ,_..L VJ..'~ ,..,~ @~'~ir"'~"'. c. ..."'F "S - . ~r~/ "~C"2 ,,:",;/p)l ~ '.., , (.:> f~"o."o'~'-.\' . ... ~'" l:!5 " ,30" -I/fi~///f'.' .. I - '" I I <( cj "'. ~ ::l o:l m m ~ ~ r;i 1 ... o " ~ E - " ... u"" ~"S . .S VJ "Z 'O~2 VJ~~ '"' " ....J8llJ-::t -l"'oS"'- ~~o~ Z..co:l,A <<:" >>0 .......:lVJ"'O"'- w-,-,IJJO'-. ::r: e @- ~B~< ~8";~ ~fj..2~ ~~g..g Pr.l..lr--~ W C ~..- I.J... 0 ~ 0: -g .. ~~~ '" '" " e.sJS "",,,'" ~<<:O 0< ~ > o ~ :r: :r: t;2 o z vi' r-- '-0 '" X o o:l o '" ~ ~ ~ " i'! o ~ ~ '" "" "- o 5 ~ ~ t;2 o <( u (b @ (:\ ~ ~ ~ ~ ~ ~ U m "- Z o 1fs m '" 5 ::; r:: :r: <( t3 ~ ;;i s: ~ I- 0 ~ z z ~ o 0 (:\ u o ~ i! . " t ~ if' ~ ~ ~ " . e . z ... '" $J E " z '" u :e <t " " - ;:; <r; '" o r-- - <( 0.. j ~ ~ ~ ?- m ~ <( '" o:l co '" ~ B u o ~ Ji I- M '" ..,. I <r; '-0 \ \ c-- I 00 Go o - '" - II s~ 1 :E"S. '" ~ '" ~ ;:;?: >.c.';,,- g.8 ;:.:-3 .~'o 0~ E go:: t;i ~ sf.~ E .f': "" '0 0 ~.~ 2~ .5 g ~ ,}i ~ g ~ ~ l:: '.1>'- ,:: ~ -;::E ~ f- ,~ ~ ~ ,-;:~1::;: E ",~,g "'Z g ::: -E.. ..... <.;. :? 0 ~~.:::!.s ~~~..~ "@ :3 Z. ~ .,g~.~-~ E'7J~E .~~]e ] ~ ~-~ ~ ;tog ~ .~ ~ ri ~ ~ ~ c" .g g ~g . .... ~f- o. ~ ;;; ~ ~ ',':j t 53~~S ~ g ~ ~ ,:; 'g.~ g~, ~ ~.g t a-s .~".g::;) 5 ~ t>Il'6'~'s '";; gO, '@.;= ~ g~,.gs '- "",'- .- .g ~ ~ ~ ~ ~.g -g-:: ~ -E ~ '':: S ; ~ '" '" l:: ,', ;:::: s s 1: ,; i! go I- ,I) 1.> .. .:2-,0 0:;- ~5-a~~ '" ~ ~ ~ " :~ i! o ~ b t ~ ~~ ~E ~! ~ :.: ~ \::: 8 m " " ~e ES o " " 0 "~ t<<i o~ z ~ 5 e . " >-<>' <-. - ;!; <r; - .g ~ '~ ~. ~~ E ~ :i~ 3 8 ~.5: r-' 0 c:::-J c,:::~J -Y1 c.>' -,po :;;1 ~\ .,,':~ -r1 ....-"\ lllr~ ~~ -orn c, I ~~') 1..:1 -. ~.) \.. ::1'-) , c -":J .~ ~r\ ,':C-') ':? ,,~i-n ".~ Q ~:D 0 -....-" COMMONWEALTH OF PENNSYL VANIA 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 Washington Mutual Bank FA is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 10th day of December, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1149, at the suit of Washington Mutual Bank F A against Scott R Kuhn is duly recorded in Sheriffs Deed Book No. 269, Page 3939. IN TESTIMONY WHEREOF, I hav=ztt:eunto set my hand and s al of said office this /1 day of ,A.D. Washington Mutual Bank, FA, s/b/m To Washington Mutual Home Loans, Inc., s/b/m to Fleet Mortgage Corp., f/k/a Fleet Real Estate Funding Corp VS Scott R. Kuhn In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1149 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2005 at 8:11 o'clock PM, she served a true copy oftlte within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Scott R. Kuhn, by making known unto Louise Waggoner, adult in charge for Scott R. Kuhn, at 316 3rd Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2005 at 6:00 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 Scott R. Kuhn located at 38 Beaver Street, Enola, 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: Scott R. Kuhn, by regular mail to his last known address of 316 3rd Street, New Cumberland, P A 17070. This letter was mailed under the date of April 8, 2005 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 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Washington Mutual Bank, FA s/b/m to Washington Mutual Home Loans, Inc., s/b/m to Fleet Mortgage Corp., f/k/a Fleet Real Estate Funding Corp. It being the highest bid and best price received for the same, Washington Mutual Bank, FA s/b/m to Washington Mutual Home Loans, Inc., s/b/m to Fleet Mortgage Corp., f/k/a Fleet Real Estate Funding Corp of 11200 West Parkland Avenue, Milwaukee, WI 53224, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$I,002.83. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 19.67 15.00 15.00 30.00 Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 .50 1.00 24.42 1.61 15.00 20.00 .37 363.05 376.24 16.47 25.00 39.50 $ 1,002.83 Sworn and subscribed to before me So Answers: ThiS~daYOf~ r~o;~~ 4~ (/ . R. Thomas Klint, s:;;;.f 2005, A.D. -tp;l;hono~ 'hut j,.. ~ '~BY )0 ~ S~ Real Esta Deputy cuJ<--pJ--' !>O. tJ1J 4> ~ /.".-0 c1<. .!i1) i Y 3 12u-. /tt JJl . WASHINGTON MUTUAL BANK, FA, S/B/M TO . WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/KJA 1?T lfli'T Ill? A T 1i'~T A T~ li'lTNllTNr: rODP CUMBERLAND COUNTY rOTTDT (lJj' I'QMMON VT V A ti: Plaintiff, CIVIL DIVISION v. NO. 04-1149 CIVIL TERM SCOTT R. KUHN Defendant(s). AFFlDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP" F/K/A FLEET REAL ESTATE FUNDING CORP., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the fo1\owing information concerning the real property located at ,38 BEAVER STREET, ENOLA, PA 17025. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT R. KUHN 316 3RD STREET NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(s) in the judgment: Same as above J. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 38 BEAVER STREET ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 9, 2004 DATE DANIEtfic~~~~~SQUIRE Attomey for Plaintiff W ASIDNGTON MUTUAL BANK, FA, S/B/M TO W ASIDNGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORP., F/K/A FLEET REAL ESTATE FUNDING CORP. Plaintiff, CUMBERLAND COUNTY No. 04-1149 CIVIL TERM v, SCOTT R. KUHN Defendant(s). December 9,2004 TO: SCOTT R. KUHN 316 3RD STREET NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR AlTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 38 BEAVER STREET. ENOLA. PA 17025, is scheduled to be sold at the Sheriff's Sale on JUNE 8. 2005 at 10:00 a.m. in the Curnberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$66.75I.85 obtained by WASHINGTON MUTUAL BANK. FA. S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC.. S/B/M TO FLEET MORTGAGE CORP.. FIKlA FLEET REAL ESTATE FUNDING CORP. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 3. You may also be able to stop the sale through other legal proceedings. y (6101 IN.a~r R99Q aR attBm8~' t8 REIBeR ~.811r rights. The B88n~I )6lf 88Htaet ane, ffl81l'Une efttuu:(, you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT eERT AlN lr8Cl or purceI ofland and premises sitllate lying and being in the Township of EM( penusboro in the COllnly of CUmIlerIand and C~th of ~ylVllDia. more particularly dt:l\cnbed as follows: DEGlNNING at a pin at the intersection of the Northern line of Ashfom Drive with lbe Western line of BeavCl' Avenue; thence along said Northern line of Ashford Drive Sooth 72 degrees 161'1linutes 22 seconds We$t (S 72 16' 22" W) a dlstaoCe of 25.0 fee( to a point; lhence COllliIllling aloug Ille Nortl1cm of Ashlord Drive, along a cutlle to lIle West having a radiUs of 270.0 rea. an lIl'C distllllCe (If 86.47 feet t" an iron pin; thence along lllllds now or fumterly of Maynard L. Sbeaffer. North 17 degrees, 43 lilinUces. 38 seconds WQI: (N 17 43' 38" W) a distance ofl27.31 feet to an iroll pin; theoce along lands (lOW or formerly of Massymo PetrUCci North 69 degrees, 27 minutes, 32 seconds East (N 69 27' 32" E) a distance of llO.2Q feet to an iron pin on the Western line of Beaver Avenue; tbe.nce along said W~'Stem line of Beaver Avenue. SOUIh 17 degrees, 43 \llinuteS. 38 secoDds East (8 17 43' 38" E) a distance of 119.00 feet to a point at the inten-ection of Ashford Drive and Beaver Avenue, lite point or place of beg.lIming. CONTAINING 13,179 square feet and having thereon erected a one and OIIe-IIaIf storY frame aDd aluminum dwelling known as 38 Beaver AVCIIlle. JJ ElNG parcel . A' as sbow.tl on the ftnal subdivision plan for Harold Kell prepared by Ernest J. Walker. P.E., dated April 28. 1980 and recorded in the office of the 1'ec()r(\er of deeds of Cumberland County at Plan Book Volume 38, Page 39. TITLE TO SAID PREMISES IS VESTED IN Scott R. Kuhn, married man by Deed from Harold n. Ken and NalleY L. KeU, hu5baod and wife dated 12/2011993 and recorded 12121/1993 in Deed !.look 36-5 Page 185. PROPERTY ADDRESS: 38 BEAVER STREET, ENOLA, P A 17025 TAX PARCEL: #09-13-1002-209A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N004-1l49 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Washington Mutual Bank, FA, SIB/M to Washington Mutual Home Loans, Inc., S/B/M to Fleet Mortgage Corp., F/K/A Fleet REal Estate Funding Corp. Plaintiff (s) From Scott R. Kuhn (I) You are directed to levy upon the property ofthe 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe 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 $66,751.85 L.L.$.50 Interest FROM 12/9/04 to June 8, 2005 (per diem-$10.97) $1,985.57 and Costs Atty's Conun % Due Prothy $1.00 Atty Paid $279.54 Other Costs Plaintiff Paid Date: December 10, 2004 (Seal) CURTIS R. LONG Prothonotary By: ~-f--- ~ ~ 9J Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 c}lJfJr"6he ('~(H.I II) /Jo;;l.;loS' Alnd;}Q.!t'lIllsg IB;}lI ~trrp\l0AH - ~ SOOZ '01 A.mruq;}d :;}WQ 'U!;}l;}q P;}lBlOWO:lU! ;}:lU;}l;}j;}l S!ql Aq pUB lpM S!ql ql!M P;}JY "v" l!q!qxg UO P;}q!l:lS;}P AIItlJ ;}lOW 'BIoug 'l;};}llS 1MB;}H 8f SB p;}l;}qwnu pUU UMOU)! Vd 'AlUnO;) pUUJl;}qwn;) 'd!qsUMOl olOqsUU;}d lSBg U! P;}lUnl!S Al-mdOld IB;}l ;}ql U! lS;}l;}lU! S,lUepU;}j;}p ;}ql uodn p<l!A<lIJJJl<lqS <lql SOOZ '01 kl'i3mq"ll liQ EO# ;}IBS ;}lUlsg IB;}lI qE :b 'V E I 330 ~OOl 'V'd ')"lNn03 ONVliJ3tH~n:J .:l.:l1l:f3HS 3Hl 30 3JI.:J.:lO ca ~ ~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth 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 Connnonwealth 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 tbe 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 bave 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 26th day(s) of April and the 3rd and lOth day(s) of May 2005. 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 Miscellan s Book "MOO, Volume 14, Page 317. COpy S ALE #3 subscribed before"S 25th day afMay ~~.)V~ ~ / NO Y PUBLIC My cormnission expires Jnne 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 376.24 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... AlL TIIAr CERTAIN... or pon:el of IaIId .. ......... .- 1yiqand bciDg ill die .1Oooiibip of East __ ill die County of C .. .......ICc.llmlJ._of~. ~4oIl2ibcd.._: '.. "lOOINNiNG at a pill at die _ of ".lloi1hem liDo of AIbfooI Drive willi die .......1iDo of...... _: tIIIIll:e.....1Iid _liDo of."" Drive _72..... 16....... 22 """"" Weot (5 72 dog.1hee. 22 miD: WI a dislaDce of 25>> feetm apoiot; tIIIIll:e OlIIIlioIlio8.....dIe~of_on..: !!ioIa ""'""die Weot bi,u,g a llllIius of21OD . ,ID",dislaDceof86A7feet.. \ laDds~or~yof 7J.... 32'1IeC. BJ a m.. ofllO]j)feet"811 iroD (liD C8I die Wau!lD liDo of Beaver Aveoue: tIIIIll:e a100g oaid w-.,Iloe of.Beaver Aveoue. _17........43_.3I~Eool(S 17 dog, 43 D. 3I1IeC.1l} a ~ of 119. feet!D."...at"'~of~'" :'. "'E' .,. ~..or.... /I 13)79 oquare feet........ -...-.tdaOllCIlIIIOIIChalfslDry__ aIomimm1dwe11iD&_.. 38 Beaver_. BEING pon:el "A" as showo C8I die ... _plaDforllaroldKllU(llOpIIIldlly llmest I. WalIlr, P.E" daIed Aplil28, 1981l _ lOcooIediDdIe_ofdle_of_of ~ c:.o..,..- Boot _ 31. PIge 39,'" 11lUl 'PI. S4IIt'fI/!MIS&'l ~ ves1ed ill ScolIR:~.byDoid/lomIlarWd G.Kcll""'IIaIIiIlt,~,.""""llIIIwife, .... 1~1993 "'-. .12/21/1993 ill Deod Boot ~ ",..J.,:rr- PI<ftlRTY ~;,: 38 Beaver StMt. _.l\U1U2S. . TAXJIIlJCIII.No.09-13-1002-209A. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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 15,22,29,2005 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 29 day of April NOTARIAL SEAL LOIS E. SNYOER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 3 Wtit No. 2004-1149 Civil Washington Mutual Bank, FA s/h/m to Washington Mutual Home Loans Inc., s/b/m to Fleet Mortgage Corp.. f/k/a Fleet Real Estate Funding Corp. VB. Scott R. Kuhn Atty.: Danlel Schmieg LEGAL DESCRIPTION ALL THAT CERTAlN tract or par- cel of land and premises situate ly- Ing and heing in the Township of East Pennsboro in the County of Cum- berland and Commonwealth of Pennsylvania. more particularly de- scribed as follows: BEGINNING at a pin at the in- tersection of the Northern line of Ashford Drive with the Western line of Beaver Avenue: thence along said Northern line of Ashford Dr1ve South 72 degrees 16 minutes 22 seconds West (S 72 16' 22" W) a distance of 25.0 feet to a point: thence continu- ing along the Northern of Ashford Drive, along a curve to the West having a radius of 270.0 feet, an arc dIstance of 86.47 feet to an iron pin; thence along lands now or for- merly of Maynard L. Sheaffer, North 17 degrees, 43 minutes, 38 seconds West (N 17 43' 38" W) a distance of 127.31 feet to an iron pin; thence along lands now or formerly of Massymo Petrucci North 69 de- grees. 27 minutes. 32 seconds East (N 69 27' 32" E) a distance of I I 0.20 feet to an iron pin on the Western line of Beaver Avenue: thence along said Western line of Beaver Avenue. South 17 degrees. 43 minutes, 38 seconds East (S 17 43' 38" E) a dis- tance of 119.00 feet to a point at the intersection of Ashford Drive and Beaver Avenue. the point or place of beginning. CONTAINING 13.179 square feet and having thereon erected a one and one-half story frame and alu~ minum dwelling known as 38 Bea- ver AVenue. BEING parcel "A" as shown on the final subdivision plan for Harold Kell prepared by Ernest J. Walker, P.E., dated April 28, 1980 and re- corded in the office of the recorder of deeds of Cumberland County at Plan Book Volume 38. Page 39. TITLE TO SAID PREMISES IS VESTED IN Scott R. Kuhn. roamed man by Deed from Harold G. Kell and Nancy L. Kell. husband and wife dated 12/20/1993 and recorded 12/21/1993 in Deed Book 36.S Page 185. PROPERTY ADDRESS: 38 Bea- ver Street, Enola. PA 17025. TAX PARCEL: #09-13-1002- 209A.