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HomeMy WebLinkAbout10-5984'Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNC BANK, N.A. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17015 Defendant LED-OFFICE DF THE PROTHONOTARY 2010 SEP 17 All 10: S CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ??•- S I ?? ?1.n I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 237837 237837 1601916 k,* .1iffS9y NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BEABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File d: 237837 Plaintiff is PNC BANK, N.A. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known address(es) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17015 who is/are the real owner(s) of the property hereinafter described. On 05/12/2006 HARRY B. KUHN made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1951, Page 71. By Assignment of Mortgage recorded 07/07/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201018053. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 07/01/2009 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 File #: 237837 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $88,964.79 Interest $5,728.42 06/01/2009 through 04/21/2010 (Per Diem $17.67) Attorney's Fees $650.00 Late Charges through 04/21/2010 $156.90 Mortgage Insurance Premium / $54.43 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit $1,412.83 TOTAL $97,517.37 7. 9 10. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. The mortgage premises are vacant and abandoned. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. File #: 237837 11, Mortgagor Harry B. Kuhn died on 05/03/2009 and upon information and belief, his surviving heir(s) are Sherri A. Starner Kuhn and Ryan Kuhn. 12. Plaintiff contacted the Register of Wills of Cumberland County and was informed as of 09/09/2010, no estate has been raised on behalf of the decedent mortgagor. 13. By executed waiver(s), Sherri Starner Kuhn and Ryan Kuhn waived his/her/their right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit "A". 14. Plaintiff hereby releases Harry B. Kuhn from liability for the debt secured by the mortgage. 15. Plaintiff does not hold the named Defendant(s), Unknown Heirs, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 237837 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $97,517.37, together with interest from 04/21/2010 at the rate of $17.67 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phela , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? y B. Jones, Esq., Id. No. 86657 Peter r J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 237837 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Pennsylvania Avenue (formerly North Wynwood Drive), said iron pin being at the dividing line between Lots Nos. 7 and 8 in the hereinafter mentioned Plan of Lots; thence in an easterly direction along the said southern side of Pennsylvania Avenue, a distance of 100 feet to an iron pin at the western line of the tract of Thomas P. Knight and Mary Lamar Knight, his wife; thence South I 1 degrees 45 minutes West along said western line of tract of Thomas P. Knight and Mary Lamar Knight, his wife, a distance of 156.2 feet to an iron pin on the northern side of an alley; thence in a westerly direction along said northern side of said alley, a distance of 100.1 feet to an iron pin; thence North 11 degrees 45 minutes East along the eastern line of said Lot No. 7, a distance of 160.1 feet to an iron pin, the place of BEGINNING. BEING a part of Lot No. 8 in the Plan of Lots known as Valley View No. 2, said Plan of Lots being recorded in the Recorder's Office, Carlisle, Pennsylvania, in Plan Book No. 4, Page 62. Subject to the building restrictions and covenants as set forth in said Plot Plan. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Leiper P. Read, Jr., Executor of the Estate of Ella B. Read, and Leiper P. Read, Jr.,, Mary Lamar Knight and Louisa Read Bushey, by their Deed dated September 21, 1985 and recorded October 21, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 31-N, Page 1086, granted and conveyed unto Mary Lamar Knight and Thomas P. Knight, husband and wife. PROPERTY ADDRESS: 154 PENNSYLVANIA AVENUE, CARLISLE, PA 17013-1143 PARCEL # 29-17-1587-003A File #: 237837 WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Sherri A. Starner Kuhn, Heir of Harry B. Kuhn, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PNC Bank, N.A. involving a mortgage secured on premises 154 Pennsylvania Avenue, Carlisle, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: 81 C) a I _ C-7??Ih ?- ri /J - Sherri A. Starner Kuhn; Heir Of Harry B. Kuhn Aug 3' nd'vancpV' :;ca*,ng iecnnoto Oct a ? WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Ryan Kuhn, Heir of Harry B. Kuhn, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PNC Bank, N.A. involving a mortgage secured on premises 154 Pennsylvania Avenue, Carlisle, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date:`d- Ryan Kuhn; Heir C)-FUnrrtir R Viihn VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. DATE: `- K- I q64 GU74 Attorney for Plaintiff File #: 237837 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~~c~ ct ~C'n,rtbr~~;~~~ t; .; r. 3~1: C,tFFi~,E ~F TN6 "':RIFF Jody S Smith Chief Deputy Richard W Stewart SOIICItOr PNC Bank vs. Unknown Heirs Case Number 2010-5984 SHERIFF'S RETURN OF SERVICE 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: def: Unknown Heirs, Successors, Assigns and all persons, firms or associations claiming right, title or interest from or under Harry B. Kuhn, Deceased, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Unknown Heirs. Request for service at 154 Pennsylvania Avenue, Carlisle, PA 17013 is vacant. SHERIFF COST: $38.40 October 05, 2010 SO ANSWERS, ~~" RON R ANDERSON, SHERIFF (cj Gount,Suite Sheriff. Teleosofl. Inc. Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., td. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205. Michele M. Bradford, Esq., td. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., ld. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNC BANK, N.A. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 Plaintiff v. UNICIVOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED 154 PENNSYLVANIA. AVENUE CARLISLE, PA 17015 Defendant ~F i R~ ~Ra~'}~~WOTARY ~~ ~ ~ ~~~ ~ ~ ~~ ~~t ~J uU p~~i~d5Y~YA~tA ~'Y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I v ' ~9 ~y c N~~ ~ l P-lM. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby oertif}r the within #o corr~o# c ~~ a #rtte ant/ origi~at fit ~ ® r#ec ord TRUE COPY FROM RECORD i1~ Teetlmany whereof, I here unto set my hand File #: 237837 ~F1d ~Of said-COUrt a Carlisle, Ps. 237837 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BEABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File H: 237837 1. Plaintiffis PNC BANK, N.A. 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known addresses} of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17015 who is/are the real owner(s) of the properly hereinafter described. 3. On 05/12/2006 HARRY B. KUHN made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE; A DIVISION OF NATIONAL CITY BANK OF INDIANA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1951, Page 71. By Assignment of Mortgage recorded 07/07/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201018053. The mortgage and assignments}, if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g}; which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 07/01/2009 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 File N: 237837 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon aze collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $88,964.79 Interest $5,728.42 06/01!2009 through 04/21/2010 (Per Diem $17.67} Attorney's Fees $650.00 Late Charges through 04121 /2010 $156.90 Mortgage Insurance Premium / $54.43 Private Mortgage Insurance Costs of Suit and Title Seazch $550.00 Escrow Deficit 1 412.83 TOTAL $97,517.37 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 9. The mortgage premises are vacant and abandoned. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. Fide !t: 237837 l 1. Mortgagor Harry B. Kuhn died on 05/03/2009 and upon information and belief, his surviving heir(s) aze Sherri A. Starner Kuhn and Ryan Kuhn. 12. Plaintiff contacted the Register of Wills of Cumberland County and was informed as of 09/09/2010, no estate has been raised on behalf of the decedent mortgagor. 13. By executed waiver(s), Sherri Starner Kuhn and Ryan Kuhn waived his/her/their right to be named as a defendant in the foreclosure action. Said waiver(s) is/aze attached as Exhibit "A". 14. Plaintiff hereby releases Harry B. Kuhn from liability for the debt secured by the mortgage. 15. Plaintiff does not hold the named Defendant(s), Unknown Heirs, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). Fi)e #: 237837 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $97,517.37, together with interest from 04/21/2010 at the rate of $17.67 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ^ Lawrence T. Phela~, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vi ek Srivastava, Esq., Id. No. 202331 ^ y B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 237837 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Pennsylvania Avenue (formerly North Wynwood Drive), said iron pin being at the dividing line between Lots Nos. 7 and 8 in the hereinafter mentioned Plan of Lots; thence in an easterly direction along the said southern side of Pennsylvania Avenue, a distance of 100 feet to an iron pin at the western line of the tract of Thomas P. Knight and Mary Lamar Knight, his wife; thence South 11 degrees 45 minutes West along said western line of tract of Thomas P. Knight and Mary Lamar Knight, his wife, a distance of 156.2 feet to an iron pin on the northern side of an alley; thence in a westerly direction along said northern side of said alley, a distance of 100.1 feet to an iron pin; thence North 11 degrees 45 minutes East along the eastern line of said Lo# No. 7, a distance of 160.1 feet to an iron pin, the place of BEGINNING. BEING a part'of Lot No. 8 in the Plan of Lots known as Valley View No. 2, said Plan of Lots being recorded in the Recorder's Office, Carlisle, Pennsylvania, in Plan Book No. 4, Page 62. Subject to the building restrictions and covenants as set forth in said Plot Plan. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Leiper P. Read, Jr., Executor of the Estate of Ella B. Read, and Leiper P. Read, Jr., Mary Lamar Knight and Louisa Read Bushey, by their Deed dated September 21, 1985 and recorded October 21, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 31-N, Page 1086, granted and conveyed unto Mary Lamar Knight and Thomas P. Knight, husband and wife. PROPERTY ADDRESS: 154 PENNSYLVANIA AVENUE, CARLISLE, PA 17013-1143 PARCEL # 29-17-1587-003A File #: 237837 ~~~~~ WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Sherri A. Starner Kuhn, Heir of Harry B.. Kuhn, in accordance with Section 301(6) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A-. Section 301(6)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PNC Bank, N.A. involving a mortgage secured on premises 154 Pennsylvania Avenue, Carlisle, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: ~~~, IQ . - Sherri A. Starner. Kuhn;.~Heir . lOf Harry B: -Kuhn - - . ~(~~~,~ ug 31 10 08:04a Advanced t:oatmg i ecnnoio ~ ~ ~ ~ ~w~ ~~ r• WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFEI\DANT IN FORECLOSURE ACTION I, Ryan Kuhn, Heir of Harry B. Kuhn, in accordance with Section 301 {b) of the Pennsylvania Probate, Estates and Fiduciaries Code j20 Pa C.S.A. Section 301(b)j, hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PNC Bank, N.A. involving a mortgage secured on premises 154 Pennsylvania Avenue, Carlisle, PA 17013, which property vtias owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date~ ~! a~// o Ryan Kuhn, Heir f1fZ.ra,7., R rr„h., ~~~~~~~ VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of i 8 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: n - ~~- i~ ~~7~ Attorney for Plaintiff File #: 237837 Li I FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 17 AM 9: 07 CUMBERLAND COUNTY PENNSYLVANIA ncr , P?Mn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A. V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED ORDER COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5984-CIVIL CUMBERLAND COUNTY AND NOW, this W day of 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and all future pleadings on the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1); and by mailing a true and correct copy of the complaint by Regular mail; and by posting the mortgaged premises at 154 PENNSYLVANIA AVENUE, CARLISLE, PA 17013. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. C6 D "I-cc be 4. l ;Z// 7/1 f) wry) I'YL za t PHELAN HALLINAN & SCHMIEG, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PNC BANK, N.A. Plaintiff vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendants r.iE TH0NQTA iti 2012 OCT 15 APB 9: 11 'CUMBERLAND COUNTY PEKWSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-5984-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: October 11, 2012 JMK/clo, Svc Dept. File# 237837 PHELAN HALLINAN & SCHMIEG, LLP JKolesnik, Esq., Id. No. 308877 rney for Plaintiff 9) ar',} 0.75p? a, Pa a$tataa Phelan Hallman &Schmieg, LLP John M. K,~lesnik, I~;sq., Id. No. 308877 1617 ~FK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, P.A 19103 X15-563-7000 PNC BANIti, '~.~. Plaintiff vs. UNKNOWN }IF,IRS, SUCCESSORS, ASSIGNS, AND ALL PL?RSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGH7~, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant(s) ATTORNEYS FOR PLAIN"TIFF COUR"1' OF COPvIMON PLEAS- CIV[L DIVISION CUMBERLAND COUNTY No. 10-5984-CIVIL, AFFIDAVIT OF SERVICE OF' COMPLAINT BY MAIL PURSUANT TO COURT ORDER 1 hereby certifi~ that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SI:~CCESSORS, ASS[GNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, 7'I'1'Lh: OR INTE 1tF:S~I' FROM OR UNDER HARRY B. KUHN, DECEASED, at 154 IPENNSYLV~~,NIA AVENUI+;, CARLISLE, PA 17013 on October 16, 2012, in accordance with the Order of Court dated September 16, 2010. I'he undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification to authorities. I~A~fI;: October 16 2012 _~___ Phelan Hallman &Schmieg, LLP By: `t..~--- Joh . Kolesnik, Esq., Id. No. 308877 A rney for Plaintiff elan Hallman &Schmieg, LLP J M K/clo PHS#237837 AFFIDAVIT OF SERVICF, - CUMBERLAND cLo _ _ ___ _ PLAINTIFF _ ___ - ~ - "- ~" "COUNTY: CUMBERLAND PNC I3ANK. I.A. __~___ DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE UR INTEREST FROM OR UNDER HARKY B. KUH2v, DECEASED SERVE A1': 54 PENNSYLVANIA AVENUE CARLISLE. PA 17013-1 143 ***P1.EASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACI-IED COURT ORDER****** k `Y-? ._,;. .:~, c c., Served Posted ar,d made known to U'~KNQWN HEIRS SliCLF55(}12S, ASS..[CiNS, aNp_ALL PI';RSONS, FIRMS OR ASS(K:)A1'!t)NS_CLAI;y11NG [tlCaltl,"_IhI I F__ ~R !~1"j~fRF.S"I; PRC?M_ t3R [INI~FR HAI2)~Y I3,,, KIJIITJ, DCC'FAS1;Dm Jefendar;t ~n the 1 ~.T _ uriy o ~~ UEMP~~_ __T 20 I~-- at g:~~ _ o'clock, _~. M., at 1~4 PFNNSYLVANIA AVENU[, CARI.IS[ t;, PA 17013_,""-1 IA?, in the manner described below: _ __ t?cfcndant personally served. _ Adult [~ailiiiy member with whom Defendant(s) reside(s). Rt'lationship is . .....__..__. Adult in charge of Defendant's residence who refused to give name/relationship. Manage~;'Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other. pOs7~ TH-E- p,Q.oP621~ Description; Age Height Weight _ Race_ Sex Other 7. _ ...... , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy o1'the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. i understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 rei m to sworn falsifica ' authori 'es PRINTED NAME: `' ` .. :':`! __ __ TITLE: i`~C?~`: i;:;::.;~," ,,. NO'f SERVED On the day of _, ,__ _,___~, 20_, at _ o'clock __. M., Defendant NOT FOi1ND because: ..Vacant _-Does Not Exist t __ Moved _ Does Not Reside (Not Vacant} No Answer on at at Service Reliiscd Other I'NJ t;23it~3" COURT NO. 10-5984-CIVIL TYPE OF ACTI01 XX Mortgage Foreclosure _ _" Eviction XX Civil Action ~-;=- Complaint on Promissory ~1Stflt~;: _ ~ c^;. .~=~ ``=4 i~ F I LE 11 RV 16 Ty ,UMBERLAND CoUtA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank,N.A. Court of Common Pleas 3232 Newmark Drive Miamisburg, OH 45342 Civil Division Plaintiff VS. No. 10-5984-CIVIL Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest from or under Harry B. Kuhn,Deceased 154 Pennsylvania Avenue Carlisle, PA 17015 Defendants ORDER AND NOW,this day of 4,4n7 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby; ORDERED and DECREED that the dwelling at 154 Pennsylvania Avenue, Carlisle, PA 17015,Borough of North Middleton with a tax parcel I.D. number of 29-17-1587-003A, be assessed henceforth as one parcel of real estate upon which improvement is permanent, affixed and it is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this Order for recording. BY THE COURT: J. O Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 PNC BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVI1, ASSOCIATIONS CLAIMING RIGHT, TITLE OR C-) INTEREST FROM OR UNDER HARRY B. cc "' . = rr7 rt i KUHN, DECEASED Defendant p =-T1 PLAINTIFF'S MOTION TO REASSESS DAMAGES v c M Plaintiff,by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. 'Plaintiff commenced this foreclosure action by filing a Complaint on September 17, 2010. 2. Judgment was entered on January 30, 2013 in the amount of$115,434.75. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from'the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 237837 4. The Property is listed for Sheriffs Sale on June 5,2013. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $88,964.79 Interest Through June 5, 2013 $25,870.68 Late Charges $156.90 Legal fees $2,750.00 Cost of Suit and Title $2,050.21 Property Inspections $370.50 Property Preservation $4,540.00 Mortgage Insurance Premium $2,286.06 Escrow to be paid $250.17 Escrow Deficit $8,594.41 TOTAL $135,833.72 6. Plaintiff paid the following in property preservation during the time the loan was in default: 9/24/2009 LOCK CHANGE $60.00 9/24/2009 WINTERIZATION $150.00 10/22/2009 GRASS CUT $125.00 10/22/2009 BOARDING $48.00 10/22/2009 PHOTOS $4.50 5/5/2010 GRASS CUT $105.00 5/5/2010 PADLOCK $160.00 5/5/2010 PHOTOS $18.00 5/17/2010 GRASS CUT $105.00 5/17/2010 PHOTOS $6.00 6/8/2010 GRASS CUT $105.00 6/8/2010 PHOTOS $6.00 6/14/2010 GRASS CUT $105.00 7/7/2010 GRASS CUT $105.00 7/7/2010 PHOTOS ' $6.00 7/31/2010 GRASS CUT $105.00 8/9/2010 GRASS CUT $105.00 8/23/2010 GRASS CUT $105.00 8/23/2010 PHOTOS $6.00 237837 9/15/2010 GRASS CUT $105.00 9/30/2010 GRASS CUT $105.00 9/30/2010 PHOTOS $6.00 10/28/2010 GRASS CUT $105.00 10/28/2010 PHOTOS $6.00 10/28/2010 GRASS CUT $105.00 10/28/2010 PHOTOS $6.00 11/10/2010 TRIP CHARGE $35.00 11/22/2010 PHOTOS $1.50 11/22/2010 WINTERIZATION $50.00 6/21/2011 GRASS CUT $100.00 6/21/2011 PHOTOS $6.00 7/6/2011 GRASS CUT $60.00 7/6/2011 PHOTOS $6.00 7/19/2011 GRASS CUT $60.00 7/19/2011 PHOTOS $6.00 8/4/2011 GRASS CUT $60.00 8/4/2011 PHOTOS $6.00 8/22/2011 GRASS CUT $60.00 8/22/2011 PHOTOS $6.00 9/13/2011 GRASS CUT $60.00 10/10/2011 GRASS CUT $60.00 10/10/2011 PHOTOS $6.00 10/24/2011 GRASS CUT $60.00 10/24/2011 PHOTOS $6.00 2/17/2012 TRIP CHARGE $35.00 3/16/2012 PHOTOS $3.00 3/16/2012 CLEAN GUTTERS $150.00 3/16/2012 REPAIR GUTTERS $125.00 5/17/2012 GRASS CUT $60.00 5/17/2012 PHOTOS $6.00 5/18/2012 GRASS CUT $60.00 5/18/2012 PHOTOS $6.00 5/29/2012 GRASS CUT $60.00 5/29/2012 PHOTOS $6.00 6/4/2012 ESTIMATE $35.00 6/11/2012 GRASS CUT $60.00 6/11/2012 PHOTOS $6.00 6/21/2012 ROOF REPAIR $330.00 6/21/2012 TREATED DISCOLORATION $250.00 7/11/2012 LOCK CHANGE $40.00 237837 7/11/2012 PHOTOS $3.00 7/12/2012 GRASS CUT $60.00 7/12/2012 PHOTOS $6.00 7/24/2012 LOCK CHANGE $40.00 7/24/2012 PHOTOS $3.00 8/17/2012 GRASS CUT $60.00 8/17/2012 PHOTOS $6.00 9/10/2012 GRASS CUT $60.00 9/10/2012 PHOTOS $6.00 9/25/2012 GRASS CUT $60.00 9/25/2012 PHOTOS $6.00 10/3/2012 PHOTOS $3.00 10/3/2012 LOCK BOX $35.00 10/8/2012 TRIP CHARGE $35.00 10/24/2012 GRASS CUT $60.00 10/24/2012 PHOTOS $9.00 10/31/2012 WINTERIZATION $35.00 10/31/2012 PHOTOS $3.00 10/31/2012 TRIMMED TREES $135.00 12/21/2012 LOCK CHANGE $40.00 1/17/2013 PHOTOS $1.50 1/17/2013 TRIP CHARGE $35.00 3/18/2013 PHOTOS $55.50 3/18/2013 TRIP CHARGE $35.00 TOTAL $4,540.00 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 15, 2013 and 237837 requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for Service Pursuant to Special Order dated December 16, 2010 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallin LP DATE: By: i n F e an,Esquire ATTO OR PLAINTIFF 237837 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 PNC BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE HARRY B. KUHN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 154 PENNSYLVANIA AVENUE, CARLISLE, PA 17013-1143. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 237837 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp.v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v.Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 237837 Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In.B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 237837 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 237837 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents,.preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v.Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping g enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v.Morrisville Hampton Realty, 662 A.2d 1120(Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 237837 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 237837 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 237837 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan P DATE: By: A is n erman,Esquire Attorney or Plaintiff 237837 Exhibit "A" 237837 �r PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 ,,.:L ;LN iil 215-563-7000 PNC BANK,N.A. CUMBERLAND COUNTY C-1, o .°n VS. COURT OF COMMON PLE a f*i UNKNOWN HEIRS,SUCCESSORS, CIVIL DIVISION ASSIGNS,AND ALL PERSONS,FIRMS, r� OR ASSOCIATIONS CLAIMING No. 10-5984-CIVIL RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN, cn DECEASED -< < PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES f, TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against UNKNOWN HEIRS, SUCCESSORS,ASSIGNS.AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN. DECEASED,Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $97,517.37 Interest-04421/201Q to 01/28/2013 .. . .. 17'91738' TOTAL $115,434.75 I•hereby certify that(1)the Defendant's last known address is 154 PENNSYLVANIA AVENUE, CARLISLE, PA 17013-1143,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date than Lobb,Esq.,Id.No.312174 ttorney for Plaintiff 237837 Exhibit "B" 237837 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey April 15,2013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17013-1143 RE: PNC BANK,N.A.v.UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED Premises Address: 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013 CUMBERLAND County CCP,No. 10-5984-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 4/20/2013. Should you have further questions or concerns,please do not hesitate to contact me; Otherwise,please be guided accordingly. Very truly you, Allison F;7 _e; : ":1t�' <.ls „Id.No.309519 Enclosure 237837 r 3 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM Line Article Number Name of Addressee,Street and Post Office Address Poste e O UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS 50.46 �! CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED !Y 154 PENNSYLVANIA AVENUE n CARLISLE,PA 17013-1143 c RE:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS $0.92 a CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED CUMBERLAND PHS it 23783711200 Page I of 1 TotY Tlanber of TOW Number of Mars Pawmasta.Pet(ttame of Toe fop doelwMion oC aloe is regdred on all dome�tie and i,rtcrnatioaat rapstaed mad.11s+ t 7 NOS Pieces Listed by Sender Reodwd d Pow Office Receiving Employee) for the reomw omioe of nonnesotubte doeumeds tmdor E✓Srw Mail documed re waor o6 pica sabjcd w a limit of 5300.000 pa adrtrcnce.The maximum inrkmaity gtyaGe on�f � ', Them=mm inrkmaity payable is$25„000 Cw ralpwcred wail,rate with opdooal instxaece t R900 S il3 wW 5921 for Iimitutions oreotr Form 3877 Facsimile 23783 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerinan@phelanhallinan.com 215-563-7000 PNC BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17013-1143 Phelan Hallin , LLP DATE: By: is uckerman, Esquire ATTORNEY FOR PLAINTIFF 237837 x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant RULE AND NOW,this 2 9 day of AA#7 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT ,-/ e J. ,0 C-) C-, .z M z- r r-� d 71U rn 237M t Allison F.Zuckerman,Esq., Id.No.30951.9 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 191.03 TEL: (215)563-7000 FAX: (215)563-3459 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17013-1143 237837 237831 a Phelan Hallinan, LLP OF THE PROTH lt;C Jonathan Lobb, Esq., Id. No.312174 1��� �W&1VEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 MAY 14 AN 9. 58 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Jonathan.Lobb @phelanhallinan.com PEtdMSYLyANIA 215-563-7000 PNC BANK,N.A. Court of Common Pleas Plaintiff ; Civil Division VS. CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013-1143 Phelan Hallinan, LLP DATE: S 3 By: ,G Z//-,, Jo than Lobb, Esq., Id.No.312174 Attorney for Plaintiff 237837 Cap C7 q -r r w N v CJ PHELAN HALLINAN,LLP Attorney for Plaintiff Allison F.Zuckerman,Esq.,Id. No.309519 C)"ter 1617 JFK Boulevard Suite 1.400 3�C � CD, One Penn Center Plaza Philadelphia,PA 19103 -`-i 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS No.: 10-5984-CIVIL CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto E "A". A ' on F.Zuck sq.,Id.No.309519 Attorney for Plaintiff Date: IMPORTA NOTICE: This property is,sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#237837 PNC BANK,N.A. COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. . NO.: 10-5984-CIVIL UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR CUMBERLAND COUNTY UNDER HARRY B. KUHN,DECEASED Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PNC BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 154 PENNSYLVANIA AVENUE,CARLISLE, PA 17013-1143. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) HARRY B.KUHN 2375 WALNUT BOTTOM ROAD,CARLISLE,PA 17015-9374 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) UNKNOWN HEIRS,SUCCESSORS, 154 PENNSYLVANIA AVENUE ASSIGNS,AND ALL PERSONS,FIRMS,OR CARLISLE,PA 17013-1143 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CORINITHIAN MORTGAGE 13861 SUNRISE VALLEY DRIVE CORPORATION DBA SOUTHBANC SUITE 100 MORTGAGE HERNDON,VA 20171 CORINITHIAN MORTGAGE 2150 CABOT BOULEVARD WEST CORPORATION DBA SOUTHBANC LANGHORNE,PA 19047 ` MORTGAGE C/O GROUP 9,INC. MERS as A nominee for CORINTHIAN P.O.BOX 2026 MORTGAGE CORPORATION DBA FLINT,MI 48501-2026 SOUTHBANC MORTGAGE PHS#237837 MERS,INC. FORMERLY 3300 SW 34TH AVENUE OCALA, FL 34471 AS OF 12/6/10,1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) NORTH MIDDLETON AUTHORITY 2051 SPRING ROAD CARLISLE,PA 17013 NORTH MIDDLETON AUTHORITY C/O 10 EAST HIGH STREET MARTSON DEARDORFF ET AL ATTN: CARLISLE,PA 17013 CHRISTOPHER E.RICE,ESQ. NORTH MIDDLETON AUTHORITY C/O 10 EAST HIGH STREET MARTSON DEARDORFF ET AL ATTN: CARLISLE,PA 17013 HUBERT X.GILROY,ESQ. NORTH MIDDLETON AUTHORITY C/O 10 EAST HIGH STREET MARTSON DEARDORFF ET AL ATTN: CARLISLE,PA 17013 MARY M.PRICE NORTH MIDDLETON AUTHORITY 10 EAST HIGH STREET CARLISLE,PA 17015 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 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013-1143 Commonwealth of Pennsylvania Bureau of 6th Floor,Strawberry Sq. Individual Taxes Inheritance Tax Division Dept 280601 Harrisburg,PA 17128 Department of Public Welfare,TPL Casualty P.O.Box 8486 Unit,Estate Recovery Program Willow Oak Building Harrisburg,PA 17105 GREEN TREE SERVICING LLC 7360 KYRENE ROAD TEMPE,AZ 85283-8432 MERS as A nominee for GREEN TREE P.O.BOX 2026 SERVICING LLC FLINT,MI 48501-2026 RYAN KUHN AS HEIR TO THE ESTATE OF 2375 WALNUT BOTTOM STREET HARRY B.KUHN CARLISLE,PA 17015 PHS #237837 SHERRI A.STARNER-KUHN AS HEIR TO 2375 WALNUT BOTTOM STREET THE ESTATE OF HARRY B.KUHN CARLISLE,PA 17015 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 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.A. § 4904 relating to unsworn falsification to authorities. Date: ByOttorney nan LP rman,Esq.,Id.No.309519 Plaintiff PHS#237837 i Name and Phelan Hallinan,LL Address 16171FK Boulevard,Suite:1400 Of Sender One Pen r;Center Plaza l o Philadelphia,PA 19103 AZKlSFF-06105n013 SALE � n t Line Anic]cNumtxr Name of Address Street and'P t i e fV us Ott'c Addn�x Post c Cumberland County Adult Probation 50,46 C. { I Courtbouse Square !!! tR a Carlisle?PA 17013338; ° a RE:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALLPER,SONS,FIRMS,OR ASSOCIATIONS S0.46 r CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED (CUMBERLAND) PHS 0 23783711026 Page 1 of I 45 Da _ f iS �•oa roul Nimnber er Taal Numeerorpg1w, pogm t.r,PC?(Name er 7 Wulf amwit Oa of%afx is f tined m ap demesne andsnumai ws reps ems nitf.'7 k ?• Pieeas Liat,d by Smdw P—ef d+Y Aoat Ohre lteowviaS Epplvyer.) td�6e ioemA'u¢tioa•f nomc dscunmy wda P }i 6 .>p�ess Nal dauensa rce6owuntgd� 'Z pica stLjett too Lmil of ISOO,OCp Per Mwverrt Trsr myrimrm indem.ily p),f+te`m R The macimnm iodeauiiry payitde is 125:3DOfa reystned nail,sent swth opmat iaMiranre. R9W5913andS92i faimilaGansa(cacn a Form 3877 Facsimile f'>> '' f 4 r �I 1 I PHS#237837 time and Phelan Hallinan,LLP 4 ddms-s 16 17 JFK Boulevard,Suite 1400 ISmder One Penn Ccnter Plaza Philadelphia,PA 19103 ALK/SCS-O&OS/2013 SALE ne Article N»rtiber Nnme ofAddresseeStrtet.and Post OMce Address Posts a I ••"' INTERNAL REVENUE SERVICE ADVISORY 1� g 1000 LIBERTY AYENiIEROOM 744 5©AS ^1 PITTSBURGH PA 15222 4q 2 **"" 1J.S.DEPARTMENT OFJUSTICE 50.45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA t CL'o`FEDERAL BUILDING � "r` ` 228 WALNUT STREET,SUITE 220 TT PPO PO BOX 11754 HARRISBURG,PA 17109-1754 ; 3 *•*" NORTH MIDDLETON AUTHORITY CIO MARTSON DEARDORFF ET AL ATTN:HUBERT X.GILROY, SOA4 �11 ESO. 10 EAST HIGH STREET CAFtUSi,F PA 17013 *'** NORTH MIDDLETON AUTHORITY CIO MARTSON DEARDORFF ET AL ATTN.-MARY M.PRICE 50.44 10 EAST HIGH STREET CARLSSL PA 17013 7 5 ••` DOMESTIC RELATIONS OF 50.44 CUMBERLAND COUNTY 13 NORTH HANOVER STREET yt P3 CARLISLE PA 17013 a a,a 6 "`** COMMONWEALTH OF PENNSYLVANIA SOA4 DEPARTMRNT OF WELFARR 3 ' P.O.BOX 2675 HARRISBURG PA 17105 .7 **«* SIIERRI A.STARNER-KUIIN AS HEIR TO THE ESTATE OF HARRY M KUHN 50.44 2375 WALNUT BOTTOM STREET i CARLISLE,PA 17015 8 "•• RYAN KUHN AS HELL TO THE ESTATE OF HARRY B.KUHN $0.44 2375 WALNUT BOTTOM STREET CARLISLE,PA 17015 NORTH MIDDLETON AUTHORITY 50.44 " 2051 SPRING ROAD CARLIS PA 17013 RE:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS $8.82 CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED CUMBERLAND P14S 11237837/1021 Page 2 of 2 Writ TrAtia n amSero Total kwoba oflxoes t'enmuta,PU(Hared - Ire tali declaat on of ualw.s xgwed mall Borne"raid Merratianl tejslmd atatl Inc tisaxinuai adenlitypawbte cca Listed by Said. Ratiwd n Post ilnkc of rar twisbk docua,rnir unMr Exps aMtul doewaast ramra.uvioa irorrarce is Sl0,030 r« peee subject toaliaild5100.000 pttocmrrznee.The nuitmia irdera A"payable.M Env=Hailmcietiadix is ISO. TM nasrmnr irdennny payabe is 225.0e0 for rcylnnred mail,sem with opiow WataM.Sm DOncgt Mail Manual R9a05915 sad 5721 fa lirn,lnrom oraovaa arm 3877 Facsimile i Name and Phelan 14allinan,LLP ` Add= r� 1617 IFK Boulevard,Suitt 1400 Of Setadef One Pena Center Plaza o Philadel hla,PA 19103 AZK/SCS-06/05/.2013 SALE Line Article Number Name of Address Street,and Post OMce Address Postage 1 I I **•' TENANT/OCCUPANT 50.44 15 +�} 154 PENNSYLVANIA AVENUE a �1] CARLISLE,PA 17013-1143 } 2 **** COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES'INHERITANCE TAX DIVISION 50.44 MI FLOOR.STRAWBERRY SQ. DEPT28WI is a7 HARRISBURG PA I 1128 3 ***• CORINITHIAN MORTGAGE CORPORATION DBA SOUTHBANC MORTGAGE S0.44 a°$ 13861 SUNRISE VALLEY DRIVE SUITE 100 HERNDON,VA 10171 4 "**• CORINITHIAN NIORTGAGECORPORATION.DBA SOUTHBANC MORTGAGE CIO GROUP 9,INC. 50.44 £ 2150 CABOT BOULEVARD WEST LANGHORN PAI9647 5 **•• DEPARTMDT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM 50.44 P.O.BOX 8486 1LA� WILLOW OAK BUILDING HARRISBURG PA 17105 6 ***" GREEN TREE SERVICING LLC $0.44 7360 KYRENE ROAD TEMP AZ 85283.5432 1 7 '•"• HERS AS A NOMINEE FOR CORINTHIAN MORTGAGE CORPORATION DBA SOUTHBANC MORTGAGE $0.44 rt" P.O.BOX 2026 FLINT MI 45301-2026 8 •**• MERS AS A NOMINEE FOR GREEN TREE SERVICING LLC 50.44 P.O.BOX 2026 FLINT MI 48501-2026 9 «**+ MERS.INC 50.44 1901 E.VOORHEES STREET,SUITE C DANVILL' IL 61834 10 ***• NORTH MIDOLETON AUTHORITY $0.44 10 EAb7"IIIC;B S"13iE:t:3' CARLiSi.'PA 17015 NORTH MIDDLETON AUTHORITY C:lO MARTSON DEARDORFF ETAL ATTN:CHRISTOPHER L RICE,ESQ• $0.44 10 EAST HIGH STREET CARLISLE,PA 17013 Ft.UNKIAt(iW,VtIL+IItS,SUG( SUILSaASSIt;NS,A ALI.PEIiSUNS,. JANIS,CIR Sut?CIATIO S Mwow LAi1S NdiItICld7`TITI:VORINTWE i'E�iF'RONS�NDER I R I Fi, EGEAS£D 'now (CUMBERLAND) PITS#23,837/1021 Page I of 2 Writ Team 'r'eui Mss,rberaf To#at Nnntu afPi¢cs Pwmasw.ttriNsm♦f rM tvttdedu7itooatvaiue isretwired oa afidooesue sad weewiona#re&oaltoad rtrc awimcm tr,demaiy wyaMe #Pl m Lined by 5endet R_"eei vdat"Oil" Rat,.in1 to the n coumAi"of owowikh damrenk vnso E%pett Mml dxomen tw w oronim innonmi}sso o open ( III - pen s,islea cus i#mk orS30g04opaecvrsetwz roc marim,mr iuseeasnay prya}k M#aytrfs w,#mcrehafWde a 5:00. j 11r m.wm.m iw+E«,snty Py�'ak,r t35.4d0 fa nGirared mt,l.sew«fih a5+,ona1 inaWM.+rc.5x i?nmexic}L0 M:nvd ! &904 13 a w IietitrtiMS of e FDrar13877 Facsimile Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PNC BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND Codity ZZ UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, Mt AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIV19_�:;Q ASSOCIATIONS CLAIMING RIGHT, TITLE OR > co CD INTEREST FROM OR UNDER HARRY B. 7r- CD KUHN, DECEASED n cD E5 cz Defendant MOTION TO MAKE RULE ABSOLUTE PNC BANK,N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1 A Motion to Reassess Damages was filed with the Court on April 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 15, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct,copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about April 30, 2013 directing the Defendant to show cause by May 20, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 237837 4. The Rule to Show Cause was timely served upon all parties on May 13, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 20, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan i an, LLP DATE: ��� By: Jon;eey M. an, Esq., Id.No.208786 Att for Plaintiff 237837 Exhibit "A" 237837. PHELAN HALLiNAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania and New Jersey April 15,2013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND.ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013-1143 RE PNC BANK,N.A.v. UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED Premises Address: 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013 CUMBERLAND Comity CCP,No. 10-5984-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 2083.(9);I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by4/20/2013. . Should you have further questions or concerns,please do not hesitate to contact me;. Otherwise,please be guided accordingly. Very truly yo'u'rs: �M Allison Fx : u rn" �:' ;:,Id.No.309519 Alin „cat.Piahitiff, Enclosure 237837 Name and Phelan Hallinan,LLP Address 16171PK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street and Post Office Address Postage I •'"• UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS 50.46 n CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED N to 154 PENNSYLVANIA AVENUE G!Ir CARLISLE,PA 17013-1143 'Al O4 RE:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED t o CUMBERLAND PHS#23783711200 Page 1 of 1 w�q NOp Taal Number of 70tH Number of Pisa postmaster.Per(Name of The Poa deelantion of.af is re0ttired m all domestb and iekmatitnat rcynaed mail.The C Piwa Listed by Srndn Received at Post Ot(ice Rerti�ioa EmPbYa) for the rwonwwioa of nonnegotiabtedauments under Eww Mail dmt mem rewnoruU4 pave s tb tel took limit of S30D.000 ptr ocwtfto ,The masitmm irtdemaity payable on Eai The ttuarmum itwkmndy payable is 121,000 toraegistmd auit,stet with a9tionl ieswaec � ' R900 5913 a W S921 farlimitwiom otcm I Farm 3877 Facsimile r F i 23783 Exhibit "B" 237837 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK,1`T,A• Court of Common Pleas Plaintiff V. Civil Division UNKNOWN HEIRS, SUCCESSORS, ASSIGNS. CUMBERLAND County AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER.HARRY B. KUHN, DECEASED Defendant RULE AND NOW, .day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY U 91 Y'COURT J. C-) r �. Mca =rn -n M X'm :�a -,r =CD z ...................... .. -, sv ') 78 i Exhibit "C". 237837 Phelan Hallinan,LLP 11E• �'� �S20TE�ClNO t�K''i Jonathan Lobb,Esq.,Id.No.31 1:4 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400;' One Penn Center Plaza °U PENNSYLVANIA ERL I OUNTY Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan:com 215-563-7000 PNC BANK,N.A. : Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS;FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. - i KUHN,DECEASED z � Defendant r I hereby certify that a true and correct copy of the Court's April 30, 2013 Rule dirdclipg'vt` the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below.. UNKNOWN HEIRS,SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013-1143 i E Phelan Hallinan,LLP i DATE: ,;~ By .--� _-_.._.. _ i 7c . t1n,Lobb,Esq.;Id.No.312174 Attorney for Plaintiff 237837 Phelan Hallman, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinaii.com 215-563-7000 PNC BANK, N.A. Court of Common Pleas Plaintiff vs. Civil Division UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, CUMBERLAND County AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. UNKNOWN HEIRS, SUCCESSORS', ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17013-1143 Phelan ll4ko P DATE: Z�( 3 By: Jonat M. z,Esq., Id.No.208786 Atto y for Plaintiff 237837 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs. : CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR No.: 10-5984-CIVIL c-) ASSOCIATIONS CLAIMING RIGHT, TITLE OR -a� INTEREST FROM OR UNDER HARRY B. rr n r-rl ' KUHN, DECEASED `0 a r— Defendant ° cni > ,? `.3 ORDER AND NOW, this :1e- day of M& , 2013, upon consideration of Plaintiff's -'< Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $88,964.79 Interest Through June 5, 2013 $25,870.68 Late Charges $156.90 Legal fees $2,750.00 Cost of Suit and Title $2,050.21 Property Inspections $370.50 Property Preservation $4,540.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,286.06 Escrow to be paid $250.17 237837 Escrow Deficit $8,594.41 TOTAL $135,833.72 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT. ll J. 5f 3v//3 237837 o PHELAN HALLINAN, LLP x113`� 'Qj Attorney for Plaintiff `4 &Pi(Qr 22 1617 JFK Boulevard, Suite 1400 CL't'1 ER ,GNU COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, NO. 10-5984-CIVIL AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED on MARCH 5,2013 in accordance with the Order of Court dated DECEMBER 16,2010. The property was posted on MARCH 12,2013. Publication was advertised in THE SENTINEL on MARCH 9,2013 &in THE CUMBERLAND LAW JOURNAL on MARCH 15, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan llinan, LLP DATE: By: Jonat n obb, Esq., Id. No.312174 Atto ey for Plaintiff u f r; a c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 10-5984-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, CUMBERLAND COUNTY OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED ORDER AND NOW, this /4,41% day of-i ccx1nb4JZ_, 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and all future pleadings on the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1); and by mailing a true and correct copy of the complaint by Regular mail; and by posting the mortgaged premises at 154 PENNSYLVANIA AVENUE,CARLISLE,PA 17013. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this Court order. BY THE COURT: J. Name and PHELAN HALLINAN&SCHMIEG Address One Penn Center at Suburban,Suite 1400 o of Sender Philadelphia,PA 19103 m° N z VW uj 0 Line Article Name of Addressee,Street,and Post Office Address Postage Number UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS C LAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED (n 154 PENNSYLVANIA AVENUE t D ° Go CARLISLE,PA 17013-1143 L. Y � ♦ NOO 4 **** ti a� 5 6 **** 7 **** g **** 9 **** 10 **** 11 **** 12 :. HARRY B.KUHN,DECEASED PHS#237837 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office 'Employee) LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 ' AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PNC BANK,N.A. PHS#237837 DEFENDANT SERVICE TEAM/spl UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL COURT NO.: 10-5984-CIVIL PERSONS,FIRMS,OR^30CIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN, DECEASED SERVE UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL TYPE OF ACTION PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriffs Sale TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN, SALE DATE:06/05/2013 DECEASED AT: 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013-1143 ****PLEASE POST THE PROPERTY*** **PLEASE POST THE PROPERTY PER COURT ORDER** SERVED Served and made known to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT TITLE QR INTEREST FROM OR UNDER HARRY B. KUHN DECEASED,Defendant on the 4 day of �(�� 20_f4at . o'clock M.,at 154 PENNSYLVANIA AVENUE,CARLISLE,PA 17013-1143,in the manner described below: I _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other A1, f a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is ma subject to the penalties of 18 Pa. C.S. Sec. 4904 relating two/u'ncs�wo/rn falsification to authorities. 9 DATE:�[ , � NAME: / ( PRINTED NAME. TITLE: You v CCSS7 fl \ SQ(V(- NOT SERVED On the day f 20_,at o'clock .M.,1, a competent adult hereby state that a endant because: Vacant —Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 L_ PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Jackie Cox,Sales Director, 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 day(s): March 9, 2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA N0.10-5984-CIVIL Affiant further deposes that he/she is not PNC BANK,N.A. interested in the subject matter of the vs. aforesaid notice or advertisement, and that UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, 'FROM OR NS ER HARRY 8 KUHN!DECEASED OR INTEREST all allegations in the foregoing statement as NOTICE TO:UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL to time, place and character of publication PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED are true. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises:154 PENNSYLVANIA AVENUE,CARLISLE,PA 17013-1143 Being in NORTH MIDDLETON TOWNSHIP,County of CUMBERLAND, I Commonwealth of Pennsylvania,29-17-1587-003A Improvements consist of residential property. Sold as the property of UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B.KUHN,DECEASED . Your house(real estate)at 154 PENNSYLVANIA AVENUE,CARLISLE,PA 17013-1143 is scheduled to be sold at the Sheriffs Sale on 06/05/2013 at Sworn to and subscribed before me this 10:00 at the CUMBERLAND County Courthouse,1 Courthouse Squ.,.AM,., rlile,PA 17013,to enforce the Court Judgment of$115_,434.75 I -]O I i, obtained by,PNC BANK,N.A.(the mortgagee),against the above L r J premises. + PHELAN HALLINAN,LLP Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH,CUMBERLAND CNTY My Commission Expires Jan 27, 2014 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 March 15, 2013 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. isa arie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 15 day of March, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28.2014 tr CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE PHELAN HALLINAN,LLP Attorneys for Plaintiff In the Court of Common Pleas of Mar. 15 Cumberland County, Pennsylvania NO. 10-5984-CIVIL PNC BANK, N.A. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DE- CEASED Being Premises: 154 PENNSYL- VANIA AVENUE, CARLISLE, PA 17013-1143. Being in NORTH MIDDLETON TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania,29-17-1587-003A. Improvements consist of residen- tial property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UN- DER HARRY B.KUHN,DECEASED. Your house (real estate) at 154 PENNSYLVANIA AVENUE, CAR- LISLE, PA 17013-1143 is scheduled to be sold at the Sheriff's Sale on June 5, 2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $115,434.75 obtained by, PNC BANK, N.A. (the mortgagee), against the above premises. 8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff y1� Ot 411Yt11�Cg41,0 . Jody S Smith Chief Deputy e, ! ' f Richard W Stewart ;!€' Solicitor rl ; THE SHERIFF v: t f t 1� l a� r�,�.. �e PNC Bank Case Number vs. Harry B Kuhn (Deceased) 2010-5984 SHERIFF'S RETURN OF SERVICE 04/03/2013 12:10 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 154 Pennsylvania Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 04/03/2013 12:10 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Harry B Kuhn (Deceased), pursuant to Order of Court by"Posting"the premises located at 154 Pennsylvania Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 06/05/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/07/2013 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA on August 7, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of, The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank, N.A., as Trustee for Residential Asset Mortgage Products, Inc., Mortage Asset-Backed Pass-Through Certificates Series 2006-RZ4, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $966.36 SO ANSWERS, December 10, 2013 RONNK ANDERSON, SHERIFF a as' 0,1• eD sr-e. 460- .9z/aci pit--11' ve3 lc)C oun!ySuite Sheriff,Teincsoit Inc ! .PNC BANK, N.A. • COURT OF COMMON PLEAS • Plaintiff • • CIVIL DIVISION • v. • NO.: 10-5984-CIVIL UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, . AND ALL PERSONS, FIRMS,OR ASSOCIATIONS CUMBERLAND COUNTY • CLAIMING RIGHT,TITLE OR INTEREST FROM • • OR UNDER HARRY B. KUHN, DECEASED • PHS # 237837 Defendant(s) • • AFFIDAVIT PURSUANT TO RULE 3129.1 • PNC BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 154 PENNSYLVANIA AVENUE,CARLISLE, PA 17013-1143. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 154 PENNSYLVANIA AVENUE AND ALL PERSONS,FIRMS,OR CARLISLE,PA 17013-1143 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 154 PENNSYLVANIA AVENUE AND ALL PERSONS,FIRMS,OR CARLISLE,PA 17013-1143 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CORINITHIAN MORTGAGE 13861 SUNRISE VALLEY DRIVE CORPORATION DBA SOUTHBANC SUITE 100 MORTGAGE HERNDON,VA 20171 CORINITHIAN MORTGAGE 2150 CABOT BOULEVARD WEST CORPORATION DBA SOUTHBANC LANGHORNE,PA 19047 MORTGAGE C/O GROUP 9,INC. if • MERS AS A NOMINEE FOR CORINTHIAN P.O.BOX 2026 MORTGAGE CORPORATION DBA FLINT,MI 48501-2026 SOUTHBANC MORTGAGE MERS,INC. FORMERLY 3300 SW 34TH AVENUE OCALA,FL 34471 AS OF 12/6/10, 1901 E. VOORHEES STREET • • . SUITE C • • • DANVILLE,IL 61834 . . . . . 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) NORTH MIDDLETON AUTHORITY 10 EAST HIGH STREET CARLISLE,PA 17015 NORTH MIDDLETON AUTHORITY 2051 SPRING ROAD CARLISLE,PA 17013 NORTH MIDDLETON AUTHORITY 10 EAST HIGH STREET C/O MARTSON DEARDORFF ET AL CARLISLE,PA 17013 ATTN: CHRISTOPHER E.RICE,ESQ. NORTH MIDDLETON AUTHORITY 10 EAST HIGH STREET C/O MARTSON DEARDORFF ET AL CARLISLE,PA 17013 ATTN:HUBERT X.GILROY,ESQ. NORTH MIDDLETON AUTHORITY C/O 10 EAST HIGH STREET MARTSON DEARDORFF ET AL CARLISLE,PA 17013 ATTN: MARY M.PRICE 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 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 154 PENNSYLVANIA AVENUE CARLISLE,PA 17013-1143 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE P.O.BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG,PA 17105 GREEN TREE SERVICING LLC 7360 KYRENE ROAD TEMPE,AZ 85283-8432 MERS AS A NOMINEE FOR GREEN TREE P.O.BOX 2026 SERVICING LLC FLINT,MI 48501-2026 r , DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 • INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 • • '•PITTSBURGH,PA 15222 • • U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING • • SHERRI A.STARNER-KUHN AS HEIR TO 2375 WALNUT BOTTOM STREET THE ESTATE OF HARRY B.KUHN, CARLISLE,PA 17015 DECEASED 2375 WALNUT BOTTOM STREET RYAN KUHN AS HEIR TO THE ESTATE OF CARLISLE,PA 17015 HARRY B.KUHN,DECEASED 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.A. § 4904 relating to unworn falsification to authorities. Date: Z/ gr/Z B By: Gi G'G�� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PNC BANK,N.A. - : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION • vs. : NO.: 10-5984-CIVIL • ' • UNKNOWN HEIRS,SUCCESSORS,.ASSIGNS, • • • : CUMBERLAND COUNTY • • AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED Defendant(s) • NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED 154 PENNSYLVANIA AVENUE CARLISLE, PA 17013-1143 **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, 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 154 PENNSYLVANIA AVENUE,CARLISLE,PA 17013-1143 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$115,434.75 obtained by PNC BANK, N.A. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) / •YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 r • • • LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North . • • Middleton Township, Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Pennsylvania Avenue (formerly North Wynwood Drive), said iron pin being at the dividing line between Lots Nos. 7 and 8 in the hereinafter mentioned Plan of Lots;thence in an easterly direction along the said southern of Pennsylvania Avenue, a distance of 100 feet to an iron pin at the western line of the tract of Thomas P. Knight and Mary Lamar Knight,his wife;thence South 11 degrees 45 minutes West along said western line of tract of Thomas P. Knight and Mary Lamar Knight, his wife, a distance of 156.2 feet to an iron pin on the northern side of an alley; thence in a westerly direction along said northern side of said alley,a distance of 100.1 feet to an iron pin;thence North 11 degrees 45 minutes East along the eastern line of said Lot No. 7, a distance of 160.1 feet to an iron pin,the place of BEGINNING. BEING a part of Lot No. 8 in the Plan of Lots known as Valley View No. 2, said Plan of Lots being recorded in the Recorder's Office, Carlisle,Pennsylvania, in Plan Book No. 4, Page 62. Subject to the building restrictions and covenants as set forth in said Plot Plan. UNDER AND SUBJECT to covenants,conditions,reservations,restrictions,easements and right of ways of record. TITLE TO SAID PREMISES IS VESTED IN Harry B. Kuhn, by Deed from Mary Lamar Knight and Thomas P. Knight,h/w, dated 05/10/2006,recorded 05/18/2006 in Book 274, Page 2983. The said Harry B. Kuhn departed this life on 05/03/2009 and upon information and belief his surviving heir(s) are Sherri A. Starner Kuhn and Ryan Kuhn. By executed waiver(s), Sherri Starner Kuhn and Ryan Kuhn waived his/her/their right to be named as a defendant in the foreclosure action. PREMISES BEING: 154 PENNSYLVANIA AVENUE,CARLISLE,PA 17013-1143 PARCEL NO.29-17-1587-003A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5984-CIVIL • PNC BANK, N.A. vs. .UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER • HARRY B. KUHN, DECEASED owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 154 PENNSYLVANIA AVENUE,CARLISLE, PA 17013-1143 Parcel No. 29-17-1587-003A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $115,434.75 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2010-5984 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK,N.A. Plaintiff(s) From UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN,DECEASED (I) 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: $115,434.75 L.L.:$.50 Interest FROM 01/29/2013 TO DATE OF SALE($18.98 PER DIEM)-$2,429.44 Atty's Comm: Due Prothy: $2.25 Atty Paid:$187.15 Other Costs: Plaintiff Paid: Date:3/1/2013 /C24Ait:L David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQ. Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Telephone: 215-563-7000 and the seal of said Cou at C2rlisle,Pa.� This ,20 Supreme Court ID No. 203034 "IF day of cif'! Prothonotary 0- C �CJP CUMBERLAND LAW JOURNAL Writ No. 2010-5984 Civil PNC BANK vs. HARRY B. KUHN(DECEASED), Unknown Heirs, Successors, Assigns,and All Persons,Firms, or Associations Claiming Right, Title or Interest From or Under Harry B. Kuhn, Deceased Atty.: Francis Hallinan By virtue of a Writ of Execution NO. 10-5984-CIVIL, PNC BANK, N.A. vs. UNKNOWN HEIRS, SUC- CESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIA- TIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumber- land County, Pennsylvania, being 154 PENNSYLVANIA AVENUE,CAR- LISLE,PA 17013-1143. Parcel No. 29-17-1587-003A. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$115,434- .75. 44 • • 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 12, April 19 and April 26, 2013 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. sa Ma ie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy e patiiot*Ncws Suite 300 • Mechanicsburg, PA17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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. 2010,6884 CM1 PNC BANK ' This ad ran on the date(s)shown below: vs. Y B KUHN(DECEASED), 04/16/13 Unknown Heirs,Successors, 04/23/13 Assigns,and All Persons,Firms, or 04/30/13 Associations Claiming Right, This Interest From or Under Harry B.Kuhn,Deceased Atty: Francis Hallinan • - By virtue of a Writ of Execution NO. 10-5984-CIVIL Sworn to and subscribed before me this 13 day of May, 2013 A.D. PNC BANK,N.A. / vs.UNKNOWN HEIRS, SUCCESSORS, I , `/ 1)0ASSIGNS,AND ALL PERSONS,FIRMS, W�/ OR ASSOCIATIONS CLAIMING • a ubllc RIGHT,TITLE OR INTEREST FROM OR UNDER HARRY B. KUHN, DECEASED owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County,Pennsylvania,being COMMONWEALTH OF PENNSYLVANIA (MAP 1i Y) Notarial Seal 154 PENNSYLVANIA AVENUE, Holly Lynn Warfel,Notary Public CARLISLE,PA 17013-1143 Washington Twp.,Dauphin County Parcel No.29-171587.003A My Commission Expires Dec.12,2016 (Acreage or street address) MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT.$115,434.75 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of New York Mellon Trust Company National Association as Trustee for Residential Asset Mortgage Products Inc., Mortgage Asset-Backed Pass-Through Cert Series 2006-RZ4 is the grantee the same having been sold to said grantee on the 7th day of August A.D., 2013, under and by virtue of a writ Execution issued on the 1st day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5984, at the suit of PNC Bank,N.A. against Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations claiming Right Title or Interest from or Under Harry B. Kuhn (Deceased) is duly recorded as Instrument Number 201401090. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I L' day of Or) , A.D. anly ) 0MttO. LA)- r Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,FR My Commission Expires the First Monday of Jan.2018