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Home My WebLink About11-8003 7 r?T? ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 282131 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH PO BOX 1007 WICHITA, KS 67202 V. Plaintiff KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 5302 CREEKWOOD DRIVE HARRISBURG, PA 17109 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM No. /l - 8003 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 282131 ? d a? ? aa.m P ? Ck-* It Via bit 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 BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 282131 1. Plaintiff is FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB 100 EAST ENGLISH PO BOX 1007 WICHITA, KS 67202 2. The name(s) and last known address(es) of the Defendant(s) are: KIPP W. FOSSELMAN, in his capacity as Executor and Devisee of the Estate of KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A LOUISE KIM HINTON 5302 CREEKWOOD DR HARRISBURG, PA 17109-5556 who is/are the real owner(s) of the property hereinafter described. 3. On 02/18/1994 KIM L. KUHN made, executed and delivered a mortgage upon the premises hereinafter described to BANCPLUS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1198, Page 919. By Assigmnent of Mortgage recorded 02/21/1995 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 491, Page 319. 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. File #: 282131 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 09/18/2011: Principal Balance $58,198.00 Interest $1,908.58 04/01/2011 through 09/18/2011 Subtotal $60,106.58 Escrow Credit $383.10 TOTAL $59,723.48 7. 8. 9 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. The mortgage premises are vacant and abandoned. Mortgagor KIM L. KUHN A/K/A LOUISE KIM HINTON A/K/A KIM LOUISE KUHN died on 11/03/2009, leaving a Will dated 10/16/2009. Letters Testamentary were granted to KIPP W. FOSSELMAN on 11/19/2009 in CUMBERLAND COUNTY, No. 21-2009- 1076. Decedent's surviving heir(s) at law and next-of-kin is KIPP W. FOSSELMAN. File #: 282131 10. Plaintiff does not hold the named Defendant(s), KIPP W. FOSSELMAN, 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). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $59,723.48, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Attorney for Plaintiff Melissa J. Cantwell, Esq. ID 308912 File #: 282131 LEGAL DESCRIPTION ALL THAT CERTAIN unit, being Unit No. 7 (the 'Unit'), of Greenfield Uplands Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Greenfield Uplands Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscellaneous Book 399, Page 510, and in Plan Book 62, Page 128, as amended in Miscellaneous Books 429, Page 977; and 458, Page 956; and in Right of Way Plan Books 10, Page 25; and 10, Page 103. TOGETHER with an undivided 8.33% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans, as amended. TOGETHER with the right to use any Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. BEING part of the same premises which Max D. Marbain, Agent, by deed dated May 11, 1990 and recorded in Cumberland County Deed Book O, Volume 34, Page 239 granted and conveyed unto Greenfield Court Limited Partnership, and being the same premises which Marbain, Inc. has the right to purchase pursuant to an Agreement of Sale dated November 1, 1990, a Memorandum of which is recorded in Cumberland County Misc. Book 415, Page 1028. AND the interest of said Marbain, Inc. in the Agreement was assigned to Max D. Marbain, an adult individual, by Assignment of Purchaser's Interest in Agreement dated May 27, 1993 and recorded in Cumberland County Miscellaneous Book 445, Page 299. PROPERTY ADDRESS: 7 EASTWICK COURT, CARLISLE, PA 17015-7655 PARCEL # 40-24-0748-002.-07 File #: 282131 VERIFICATION Bonnie J. Voth, hereby states that he/she is Senior Vice President of, FIDELITY BANK, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Bonnie 4Vot DATE: October 14, 2011 Title: Senior Vice President FIDELITY BANK File #: 282131 Name: FOSSELMAN Pile #: 282131 PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB VS. KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEk -03 tz? CIVIL DIVISION = N? No 11-8003-CIVIL z rat C'7 W CD ss s 0 saa r ^? x rn PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON, Defendant(s) 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 TOTAL $59,723.48 $59,723.48 I hereby certify that (1) the Defendant's last known addresses are 7 EASTWICK COURT, CARLISLE, PA 17015-7655 and 5302 CREEKWOOD DR, HARRISBURG, PA 17109-5556, and (2) that notice has been given in accordance wit e .1. Date Z Z2 1, Josl#a 11 Goldman, EsAuire ome for Plai DAMAGES ARE HEREBY ASSESSED AS INDICATED: DATE: d 30 / PHS # 282131 PROTHONOTARY 641141583 ea(09a(107 9A?e %?Gd 282131 7_ PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff FIDELITY BANK, F/K/A FIDELITY : CUMBERLAND COUNTY SAVINGS ASSOCIATION OF KANSAS, : COURT OF COMMON PLEAS FSB : CIVIL DIVISION VS. : No. 11-8003-CIVIL KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON is over 18 years of age and the Defendant's last known addresses are 7 EASTWICK COURT, CARLISLE, PA 17015-7655 and 5302 CREEKWOOD DR, HARRISBURG, PA 17109-5556. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 2 L2 l Joshua/. Goldman, Esq Atto y fo Plaintiff 282131 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff V. KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-8003-CIVIL CUMBERLAND COUNTY TO: KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 7 EASTWICK COURT CARLISLE, PA 17015-7655 DATE OF NOTICE: November 22, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. U"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 BE ABLE TO PHS # 282131 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Allison F. Wells, Esquire Attorney for Plain d7""', M nan Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 282131 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff V. KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-8003-CIVIL CUMBERLAND COUNTY TO: KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 5302 CREEKWOOD DR HARRISBURG, PA 17109-5556 DATE OF NOTICE: November 22, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A VAUTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 BE ABLE TO PHS ## 282131 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA ?1?70?13?__ _ - - (717) 249-if ? By: Attorney for aintiff Phelan Hall' an & Schmieg, LLP 161 Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 i PHS # 282131 (Rule of Civil Procedure No. 236) - Revised FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB VS. KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A HIM LOUISE KUHN A/K/A KIM LOUISE HINTON CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-8003-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: ) ?? 30 If you have any questions concerning this matter please contact: Joshua I. Goldman, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SI M ULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT -10 N I F ENFOR CEMENT OF A LIEN A GAINST PROPERTY. * * WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8003 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIDELITY BANK f/Wa FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, Plaintiff (s) From KIP W. FOLLELMAN, in his capacity as Executor and Devisee of THE ESTATE OF KIM L. KUHN a/k/a KIM LOUISE KUHN a/k/a KIM LOUISE HINTON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE, LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $59,723.48 L.L.: $.50 Interest from 12/31/11 to Date of Sale ($9.82 per diem) -- $1,561.38 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $195.00 Other Costs: Plaintiff Paid: Date: 3/1/12 David D. Bu 11, Prothonota •? (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF COURT OF COMMON PLEAS KANSAS, FSB Plaintiff CIVIL DIVISION V. NO.: 11-8003-CIVIL KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE : CUMBERLAND COUNTY KUHN A/K/A KIM LOUISE HINTON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $59,723.48 U)z; "' U)r- ?? _70 -< > - ? Interest from 12/31/2011 to Date of Sale $1,561.38 cc? x?• ($9.82 per diem) > ? o J++ 7 i TOTAL 6 84.86 t P an Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 498.5O Ps 417-1 Note: Please attach description of property. 58.00 018F PHS # 282131 qa. 00 M oo a.50 $ N5.00 _P0 ATCY 4.1.125 bUeCD 5o td. 0-t I I S 41 DO/I16 11M pit 97/980 e'c Wrrh C( 4 H ? Q? _ Q d 2 ? 0 0- T ca W? Q- U?w:. w?u w ,.., E.. ? = U w w ? pW14 W W o 07 d? U o O g ?w V ? ?` a `?' ? O en ? ? o w V ;r, W 'Z' -cs w ? PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff V. KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant(s) CERTIFICATION COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8003-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. i By: - ?n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff c-1 cTt ? €*? ? za• rn _...' ?.PI ? ^ 1?... dL_G C FIDELITY BANK, F/K/A FIDELITY SAVINGS COURT OF COMMON PLEAS ASSOCIATION OF KANSAS, FSB Plaintiff CIVIL DIVISION V. NO.: 11-8003-CIVIL KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. CUMBERLAND COUNTY KUHN AIK/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON PHS # 282131 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, 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 7 EASTWICK COURT, CARLISLE, PA 17015-7655. 1. Name and address of Owner(s) or reputed Owner(s): c_- Name Address (if address cannot be reasonably N o ascertained, please so indicate) r r *n? - KIP W. FOSSELMAN, IN HIS CAPACITY AS 5302 CREEKWOOD DR r- ?' EXECUTOR AND DEVISEE OF THE ESTATE HARRISBURG, PA 17109-5556 'D OF KIM L. KUHN A/K/A KIM LOUISE KUHN ;? A/K/A KIM LOUiSE HINTON yam? 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) None. 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) GREENFIELD UPLANDS CONDOMINIUM MARBAIN ASSOCIATES, LTD. 700 WEST MAIN STREET MECHANICSBURG, PA 17055 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 7 EASTWICK COURT CARLISLE, PA 17015-7655 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 JACK L. KUHN, SR. HEIR TO THE ESTATE 2 LAKESIDE DRIVE OF KIM L. KUHN AWA KIM LOUISE KUHN P.O. BOX 152 A/K/A KIM LOUISE HINTON MT. HOLLY SPRINGS, PA 17065 KAREN POWLAS, HEIR TO THE ESTATE 17 EWELL DRIVE OF KIM L. KUHN A/K/A KIM LOUISE KUHN EAST BERLIN, PA 17316 A/K/A KIM LOUISE HINTON THE ESTATE OF KIM L. KUHN C/O 301 MARKET STREET EDMUND G. MYERS, ESQUIRE. P.O. BOX 109 LEMOYNE, PA 17043 GEORGE ANTHONY HINTON 210 GRANDVIEW AVE #102 C/O MARIA P. COGNETTI, ESQUIRE HEIR CAMP HILL, PA 17011 GEORGE ANTHONY HINTON DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 1207 MECHANICSBURG, PA. 17055-1207 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verifv, 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: 4W2- By: he Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff FIDELITY BANK, F/K/A FIDELITY SAVINGS COURT OF COMMON PLEAS ASSOCIATION OF KANSAS, FSB CIVIL DIVISION Plaintiff : : NO.:11-8003-CIVIL VS. KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A CUMBERLAND COUNTY KIM LOUISE KUHN AIK/A KIM LOUISE HINTON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c .", N TO: KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE czn? i ) ' ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE 5 HINTON 5 5302 CREEKWOOD DR ' , - HARRISBURG, PA 17109-5556 7T, ? "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 7 EASTWICK COURT, CARLISLE, PA 17015-7655 is scheduled to be sold at the Sheriffs Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $59,723.48 obtained by FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB (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 LEGAL DESCRIPTION ALL THAT CERTAIN unit, being Unit No. 7 (the 'Unit'), of Greenfield Uplands Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Greenfield Uplands Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscellaneous Book 399, Page 510, and in Plan Book 62, Page 128, as amended in Miscellaneous Books 429, Page 977; and 458, Page 956; and in Right of Way Plan Books 10, Page 25; and 10, Page 103. TOGETHER with an undivided 8.33% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans, as amended. TOGETHER with the right to use any Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid office, and matters which a physical inspection and survey of the unit and common elements would disclose. TITLE TO SAID PREMISES VESTED IN Kim L. Kuhn, an adult individual, by Deed from Greenfield Court Limited Partnership, a Pennsylvania limited partnership, record owner and Max D. Marbain, an adult individual, equitable owner, dated 02/17/1994, recorded 03/01/1994 in Book 102, Page 111. NOTE: Mortgagor KIM L. KUHN A/K/A LOUISE KIM HINT ON A/K/A KIM LOUISE KUHN died on 11/03/2009, leaving a will dated 10/16/2009. Letters Testamentary were granted to KIP W. FOSSELMAN on 11/19/2009 in CUMBERLAND COUNTY, No. 21-2009-1076. Decendent's surviving heir(s) at law and next-of-kin is KIPP W. FOSSELMAN. PREMISES BEING: 7 EASTWICK COURT, CARLISLE, PA 17015-7655 PARCEL NO. 40-24-0748-002.U7 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8003-CIVIL FIDELITY BANK, FWA FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB vs. KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 EASTWICK COURT, CARLISLE, PA 17015-7655 Parcel No. 40-24-0748-002.U7 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $59,723.48 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY A„ FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF 4'40 t , , KANSAS, FSB PHS # 282131 i 1 t;l ? r' J rs DEFENDANT SERVICE TEAM/ lxh 1 J , w KIPP W. FOSSELMAN, in his capacity as Executor and Devisee of the COURT NO.: 11-8003-CIVIL Estate of KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A LOUISE f ai'r E %' LAND C O X11: T .,s.. KIMHINTON u . •_ Y L A Nf A SERVE KIPP W. FOSSELMAN, in his capacity as Executor and TYPE OF ACTION Devisee of the Estate of KIM L. KUHN A/K/A KIM LOUISE KUHN XX Notice of Sheriffs Sale A/K/A LOUISE KIM HINTON AT: SALE DATE: June 6, 2012 5302 CREEKWOOD DR HARRISBURG, PA 17109-5556 SERVED Served and made known to KIPP W. FOSSELMAN in his capacity as Executor and Devisee of the Estate of KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A LOUISE KIM HINTON, Defendant on the 10 "day of Ur 20 Q_ , at l "S , oclock P. M., at +k t C,(.D,-e in the manner described below: _ Defendant personally served. ?C Adult family member with whom Defendant(s) reside(s). Relationship is Gv; r_ J e>n e- Pe o n- F,? S, wIa n " _ 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. Other: + rt 1 Description: Age '-L 0 - Height 5 3 Weight 14U ? Race 14,? Sex F Other L (?2w. '?enr?•s 4t)yPr , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs 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 made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: -1 • v 12- On the day of , 20_, at Vacant Does Not Exist _ No Answer on at Service Refused NAME: PRINTED NAME: TITLE: Co , & yC NOT SERVED o'clock _. M., Defendant NOT FOUND because: Moved Does Not Reside (Not Vacant) 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 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 - 4 ?? 1617 JFK Boulevard Suite 1400 One Penn Center Plaza ('{'v 01 T 14T. i Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIDELITY BANK, F/K/A FIDELITY SAVINGS CUMBERLAND COUNTY ASSOCIATION OF KANSAS, FSB Plaintiff, COURT OF COMMON PLEAS V. KIPP W. FOSSELMAN Defendant(s) : CIVIL DIVISION No.: 11-8003-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(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 Certif a urn Receipt stamped by the U.S. Postal Service is attached hereto Ex A". Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 # 282131 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff V. KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8003-CIVIL CUMBERLAND COUNTY PHS # 282131 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, 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 7 EASTWICK COURT, CARLISLE, PA 17015-7655. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) KIP W. FOSSELMAN, IN HIS CAPACITY AS 5302 CREEKWOOD DR EXECUTOR AND DEVISEE OF THE ESTATE HARRISBURG, PA 17109-5556 OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) None. 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) GREENFIELD UPLANDS CONDOMINIUM MARBAIN ASSOCIATES, LTD. 700 WEST MAIN STREET MECHANICSBURG, PA 17055 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 TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Internal Revenue Service Advisory Address (if address cannot be reasonably ascertained, please indicate) 7 EASTWICK COURT CARLISLE, PA 17015-7655 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 JACK L. KUHN, SR. HEH2 TO THE ESTATE 2 LAKESIDE DRIVE OF KIM L. KUHN A/K/A KIM LOUISE KUHN P.O. BOX 152 A/K/A KIM LOUISE HINTON MT. HOLLY SPRINGS, PA 17065 KAREN POWLAS, HEIR TO THE ESTATE 17 EWELL DRIVE OF KIM L. KUHN A/K/A KIM LOUISE KUHN EAST BERLIN, PA 17316 A/K/A KIM LOUISE HINTON THE ESTATE OF KIM L. KUHN C/O 301 MARKET STREET EDMUND G. MYERS, ESQUIRE. P.O. BOX 109 LEMOYNE, PA 17043 GEORGE ANTHONY HINTON C/O MARIA P. 210 GRANDVIEW AVE #102 COGNETTI, ESQUIRE CAMP HILL, PA 17011 GEORGE ANTHONY HINTON CAPITAL ONE BANK (USA) NA CAPITAL ONE BANK, N.A CAPITAL ONE BANK, N.A. CHASE BANK USA, N.A. P.O. BOX 1207 MECHANICSBURG, PA. 17055-1207 2323 LAKE CLUB DRIVE, STE 300 COLUMBUS, OH 43232 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238 1680 CAPITAL ONE DRIVE MCLEAN, VA 22102 3700 WISEMAN BOULEVARD SAN ANTONIO, TX 78251 PHILLIPS & COHEN ASSOCIATES, LTD ON 1002 JUSTISON STREET BEHALF OF CHASE WILMINGTON, DE 19802 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: 4? 1 (?- Phelan Hallinari & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff t w a Q N O N 0 0 0 N Q a o en °; ? o cis -ci ? a C??YQ ca C C Q, U x x 2 a `O O a. 'D N y 'b z¢o m o ?a 0.w o. T O y li •O N_ V V o UT ? c 0 ggqy h O F++ Q?<? p N ? ? V c?E• CC 0. X M ppU U ?V G r" I , R n Iti O 9 wo. 4 ^ p ? O rl 6i N pp v ? 0 u o vi ? 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Ui0, x -d- q l :3 ^ Wo< r C o? ° 0 U <..?dH :? wy ra ? -oo:a C eEzC 9°, 6o Yo A? U ° g? ° vi ?;?N W O U ow w o? r -, o . S r U -» . -?Nc .-.w ? na_9 aU -U gaw a? N -% -% -K # # # -% # is •% -K it K K •k is : ?I * i? -K -% # % -K ? c # ? ? Vt ¢ ? u aj O _ C. ?-. N M ?t VI OQ O, ..r "? H 4 5 fi'L "-OPTICf THE PRO THn14 0 T,? i ' y 12 A14 EU DERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff V. KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8003-CIVIL AND NOW, this day of 2012, 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 THE COURT N"Y?4' 664 J. 282131 / Allis F. Wells, Esq., Id. No.309519 Pheki i Hallinan & Schmieg, LLP 1617 i hK Boulevard, Suite 1400 ?Philaclelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 KIPF W. FOSSELMAN 5302 CREEKWOOD DR HARRISBURG, PA 17109-5556 le-f& KIPP W. FOSSELMAN 7 EASTWICK COURT CARLISLE, PA 17015-7655 282131 282131 OF 2112 JUL CU Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB Plaintiff vs. KIPP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant ` HE PROTHONO'A" 412 JUL 20 AM 11:03 rYIMBERLAND COUNT` PENNSYLVANIA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8003-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 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. KIPP W. FOSSELMAN 5302 CREEKWOOD DR HARRISBURG, PA 17109-5556 KIPP W. FOSSELMAN 7 EASTWICK COURT CARLISLE, PA 17015-7655 Phelan Hallin g, P DATE: By: Allison F. Wells, E re Attorney for Plaintiff 28213; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIDELITY BANK, F/K/A FIDELITY SAVINGS Court of Common Pleas ASSOCIATION OF KANSAS, FSB Plaintiff Civil Division vs. CUMBERLAND County KIPP W. FOSSELMAN, IN HIS CAPACITY AS No.: 11-8003-CIVIL EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant ORDER -t? 2012, upon consideration of Plaintiff's AND NOW, this day o[4 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 Interest Through August 8, 2012 Per Diem $11.13 Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $58,198.09 $6,688.17 $1,425.00 c-) $936.75 r $20A -° $2 748*Wvi , $112 i _-I :7:.. $871, c $71,0001 w Plus interest from August 8, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. el, to . roS.5'e1Aah in e ; 5 ? Pke la ti 14a //, n a,, .S.c A,ti BY THE COURT: J. 282131 ~~ TI-fE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Fidelity Bank, f/k/a Fidelity Savings Association of Kansas, FSB Plaintiff :Civil Division Vs. Kipp W. Fosselman : 11-8003-CIVIL Defendant RULE AND MOW, this ~ ~ ~~___day of ~ ~" ~-~.~ . ~ _, 2012, a Rule, is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff-s Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. 3136(d), should not be entered. RULE RETURNABLE the '~'~~~lti- da of ` ' - By the Court: `~ Pt1e~~, rl~~/iNAn ~SC~,+1~ ~ ~: ~ ~: p 5 '~ ~tiCK ~ ~p~ ~. ~ ~n C 13an ~L ~ f~Q,.~,, o las eke . "~U• S L~p~ • O~ ~us~~cP "'~,u5~ ~a..~ '~ ~~~ l4H~oky t-~;~,~K ~~ s~~~ o ~ ~~;~ z. r~u ~K ~ Co~.M o-F pA / '~~i~QK~~OCCu~nan-t ~ .Svtcr~~ PHELAN ~IALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-11.814 215-563-7000 Fax: 215-567-0072 Lauren "I'abas, Lsquire October 1 1. ?_012 Kipp W'. Fosselman 5302 Creekwood Drive Harrisburg, P.A 17109-5556 Kipp W. Fosselman 7 F,astwick Cour Carlisle, PA 17015-7655 Greenfield Uplands Condominium C/o Marbain Associates, LTD. 700 West Main Street Mechanicsburg, PA 17055 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 ack L. Kuhn, Sr., Heir to the Estate of Kim L. Kuhn /k/a Kim Louise Kuhn a/k/a Kim Louise Hinton Lakeside Drive, P.O. Box 152 ~I"1,. Holly Sprin s, PA 17065 ,he Estate of Kim L. Kuhn '/o Edmund G. Myers, Esquire O1 Market Street, P.O. Box 109 ,emoyne, PA 17043 Jeorge Anthony Hinton '.O. Box 1207 Mechanicsburg, PA 17055-1207 Capital One Bank, N.A. 15000 Capital One Drive Richmond, VA 23238 Chase Bank USA, N.A. 3700 Wiseman Boulevard San Antonio ~CX 78251 Representing Lenders in Pennsylvania and Ne~~ Jersey ffice of the Sheriff umberland County Courthouse ne Courthouse Square arlisle, PA 17013 _ enanbOccupant 7 Eastwick Court arlisle, PA 17015 ommonwealth of Pennsylvania Bureau Individual Taxes Inheritance Ta:~ Divisi~.~n th Floor, Strawberry Sq. Dept 280601 arrisbur , PA 17128 _ _ Department of Public Welfare, TPI. Casualty state Recovery Program P.O. Box 8486 illow Oak Building Harrisbw~ , PA 17105 wren Powlas. Heir to the Estate of Ikim L. /k/a Kim Louise Kuhn a/k/a Kim Lui.iise 1{inton 17 Ewell Drive East Berlin, PA 17316 -- . _ _-_ George Anthony Hinton C/o Maria P. Cognetti, Esquire 210 Grandview Avenue #102 Camp Hill, PA 17011 ----- -- Capital One Bank (USA) NA 2323 Lake Club Drive, Ste 300 Columbus, OH 43232 Capital One Bank, N.A. 1680 Capital One Drive McLean, VA 22102 _ _ __ _ Phillips & Cohen Associates, L"TD On Behalf of Chase 1002 Justison Street Wilmington, DE 19802 of Unit, Kuhn Jack L. Kuhn, Sr., Heir to the Estate of Kim L. Kuhn {aren Powlas, Heir to the Estate of Kim L. Kuhn a/k/a Kim Louise Kuhn a/k/a Kim Louise; Hinton a/k/a Kim Louise Kuhn a/k/a Kim Louise Hinton 2 Lakeside Drive, P.O. Box 152 l7 Ewell Drive MT. Holl S rings, PA 17065 ast Berlin, PA 17316 The Estate of Kim L. Kuhn eorge Anthony Hinton C/o Edmund G. Myers, Esquire /o Maria P. Cognetti, Esquire 301 Market Street, P.O. Box 109 10 Grandview Avenue #102 Lemoyne, PA 17043 amp Hill, PA 1701 l George Anthony Hinton apital One Bank (USA) NA P.O. Box 1207 323 Lake Club Drive, Ste 300 Mechanicsburg, PA 17055-1207 'olumbus, OH 43232 Capital One Bank, N.A. -----__ _ apital One Bank, N.A. 15000 Capital One Drive 1680 Capital One Drive Richmond, VA 23238 clean, VA 22102 Chase Bank USA, N.A. _ _ _ _ _ _ hillips & Cohen Associates, LTD 3700 Wiseman Boulevard n Behalf of Chase San Antonio, TX 78251 1002 Justison Street _ ilmington, DE 19802 U.S. Department of Justice _ L.S. Attorney for the Middle District of F'A Federal Building 228 Walnut Street, Suite 220 PO Boy 1 1754 I-Iarrisbur~ PA 17108-1754 - / Respec lly submitted, __ HE AN & SCHMIEG, LLP Dated:/~ Zi i(../~ ~/~_s~~',l~ 1~ f ~- ~ ~ - Lauren Tabas, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson sheriff -' OF THE PRO THOF4I??i Jody S Smith - ?, , Y Chief Deputy 2812 0CT 23 p Richard W Stewart 2: 04 Solicitor C1Wq ERLANC C0014ty P 0SYLVANIA Fidelity Bank vs. Case Number Kipp W. Fosselman 2011-8003 SHERIFF'S RETURN OF SERVICE 03/19/2012 06:31 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 7 Eastwick Circle, Carlisle, PA 17015, Cumberland County. 06/06/2012 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 08/08/2012 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/512012 09/05/2012 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, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $84,000.00 to T. Paul Cline, of 2128 Walnut Bottom Road, Carlisle, PA 17015, being the buyer in this execution, paid to the Sheriff the sum of $ 10/03/2012 Proposed Schedule Of Distribution Posted 10/12/2012 Exceptions to Proposed Schedule of Distribution filed in Sheriff's Office. SHERIFF COST: $1,157.92 SO ANSWERS, October 23, 2012 RON R ANDERSON, SHERIFF a4 SZ? l?-.boo(. SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2011-8003 held September 5, 2012 EFFECTIVE DATE: September 5, 2012 PREMISES: 7 Eastwick Court, South Middleton Township, Cumberland County, Pennsylvania, Tax Parcel No. 40-24-0748-002.-U7 (the "Premises") RECITAL: Being the same premises which Greenfield Court Limited Partnership and Max D. Marbain, by their Deed dated February 17, 1994 and recorded March 1, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 102, Page 111, granted and conveyed unto Kim L. Kuhn The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11 The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2012. 20. Subject to any rights in the Premises by any spouse or heirs of Kim L. Kuhn, a/k/a Kim L. Hinton. -2- 21. Mortgage in the amount of $85,900.00 from Kim L. Kuhn to Bancplus Mortgage Corp. dated February 18, 1994 and recorded March 1, 1994 in Mortgage Book 11.98, Page 919, assigned February 21, 1995 in Misc. Book 491, Page 319 to Fidelity Savings. 21 Judgment in mortgage foreclosure against Kipp W. Fossleman, Executor of the Estate of Kim L. Kuhn and the Estate of Kim L. Kuhn, a/k/a Kim L. Hinton in favor of Fidelity Bank in the amount of $59,723.48 entered December 30, 2011 and amended by Order of Court entered August 8, 2012 to $71,000.04, docketed to No. 2011-8003. 23. Subject to all declarations, plans and other instruments and matters cited in Deed Book 102, Page 111. 24. Subject to the rights granted Met Ed in Misc. Book 88, Page 485, Misc. Book 192, Page 703 and Misc. Book 389, Page 1045. 25. Subject to the rights granted The United Telephone Company of Pennsylvania in Misc. Book 136, Page 124, Misc. Book 205, Page 113, Misc. Book 390, Page 724 and Misc. Book 356, Page 307. 26. Subject to the rights granted PPL in Misc. Book 383, Page 863. 27. Subject to the rights granted South Middleton Township Authority in Misc. Book 308, Page 30 and Misc. Book 356, Page 307. 28. Subject to the rights granted TV Cable of Carlisle in Misc. Book 392, Page 876. 29. Subject to the rights granted PPL and United Telephone in Misc. Book 400, Page 164. 30. Subject to the Deeds of Easement in Misc. Book 391, Page 1063, Misc. Book 380, Page 464 and Misc. Book 381, Page 1103. 31. Subject to the Declaration in Misc. Book 391, Page 1034, amended at Misc. Book 435, Page 1147, Misc. Book 383, Page 65 and in Misc. Book 391, Page 1030. 32. Subject to the Master Declaration in Misc. Book 439, Page 164. 33. Subject to any amount due and payable to the Pennsylvania Department of Public Welfare, Estate Recovery Unit and the Pennsylvania Department of Revenue. 34. Subject to the Notice of Claim filed to No. 2009-1076 in the Estate of Kim Louise Kuhn in the amount of $9,163.22 on behalf of CitiBank. 35. Subject to the legal operation and effect of the absence of a legal description of the Premises in the notice of Sheriff's Sale. -3- 36. Subject to any unpaid condominium assessment, fines and fees. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -4- LEGAL DESCRIPTION ALL THAT CERTAIN unit, being Unit No. 7 (the 'Unit'), of Greenfield Uplands Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Greenfield Uplands Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscellaneous Book 399, Page 510, and in Plan Book 62, Page 128, as amended in Miscellaneous Books 429, Page 977; and 458, Page 956; and in Right of Way Plan Books 10, Page 25, and 10, Page 103. TOGETHER with an undivided 8.33% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans, as amended. TOGETHER with the right to use any Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid office, and matters which a physical inspection and survey of the unit and common elements would disclose. TITLE TO SAID PREMISES VESTED IN Kim L. Kuhn, an adult individual, by Deed from Greenfield Court Limited Partnership, a Pennsylvania limited partnership, record owner and Max D. Marbain, an adult individual, equitable owner, dated 02/17/1994, recorded 03/01/ 1994 in Book 102, Page 111. NOTE: Mortgagor KIM L. KUHN A/K/A LOUISE KIM HINTON A/K/A KIM LOUISE KUHN died on 11/03/2009, leaving a will dated 10/16/2009. Letters Testamentary were granted to KIP W. FOSSELMAN on 11/19/2009 in CUMBERLAND COUNTY, No. 21-2009-1076. Decendent's surviving heir(s) at law and next-of-kin is KIPP W. FOSSELMAN. PREMISES BEING: 7 EASTWICK COURT, CARLISLE, PA 17015-7655 PARCEL NO. 40-24-0748-002.U7 EXHIBIT A FIDELITY BANK, F/K/A FIDELITY SAVINGS COURT OF COMMON PLEAS ASSOCIATION OF KANSAS, FSB Plaintiff CIVIL DIVISION v. NO.: 11-8003-CIVIL KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. CUMBERLAND COUNTY KUHN AWA KIM LOUISE KUHN A/K/A KIM LOUISE HINTON PHS # 282131 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, 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 7 EASTWICK COURT, CARLISLE, PA 17015-7655. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) KIP W. FOSSELMAN, IN HIS CAPACITY AS 5302 CREEKWOOD DR EXECUTOR AND DEVISEE OF THE ESTATE HARRISBURG, PA 17109-5556 OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) None. 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) None. 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) GREENFIELD UPLANDS CONDOMINIUM MARBAIN ASSOCIATES, LTD. 700 WEST MAIN STREET MECHANICSBURG, PA 17055 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 7 EASTWICK COURT CARLISLE, PA 17015-7655 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 JACK L. KUHN, SR. HEIR TO THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON KAREN POWLAS, HEIR TO THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 2 LAKESIDE DRIVE P.O. BOX 152 MT. HOLLY SPRINGS, PA 17065 17 EWELL DRIVE EAST BERLIN, PA 17316 THE ESTATE OF KIM L. KUHN C/O EDMUND G. MYERS, ESQUIRE. GEORGE ANTHONY HINTON C/O MARIA P. COGNETTI, ESQUIRE HEIR GEORGE ANTHONY HINTON DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 17043 210 GRANDVIEW AVE #102 CAMP HILL, PA 17011 P.O. BOX 1207 MECHANICSBURG, PA. 17055-1207 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 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. ,ice' Z Date: 4k? - By: he Hallinan & Schmieg, LLP XD Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : : NO.: 11-8003-CIVIL VS. KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A CUMBERLAND COUNTY KIM LOUISE KUHN A/K/A KIM LOUISE HINTON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON 5302 CREEKWOOD DR HARRISBURG, PA 17109-5556 "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 7 EASTWICK COURT, CARLISLE, PA 17015-7655 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $59,723.48 obtained by FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB (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 maybe 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 LEGAL DESCRIPTION ALL THAT CERTAIN unit, being Unit No. 7 (the 'Unit'), of Greenfield Uplands Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Greenfield Uplands Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscellaneous Book 399, Page 510, and in Plan Book 62, Page 128, as amended in Miscellaneous Books 429., Page 977; and 458, Page 956; and in Right of Way Plan Books 10, Page 25, and 10, Page 103. TOGETHER with an undivided 8.33% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans, as amended. TOGETHER with the right to use any Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid office, and matters which a physical inspection and survey of the unit and common elements would disclose. TITLE TO SAID PREMISES VESTED IN Kim L. Kuhn, an adult individual, by Deed from Greenfield Court Limited Partnership, a Pennsylvania limited partnership, record owner and Max D. Marbain, an adult individual, equitable owner, dated 02/17/1994, recorded 03/01/1994 in Book 102, Page 111. NOTE: Mortgagor KIM L. KUHN A/K/A LOUISE KIM HINTON A/K/A KIM LOUISE KUHN died on 11/03/2009, leaving a will dated 10/16/2009. Letters Testamentary were granted to KIP W. FOSSELMAN on 11/19/2009 in CUMBERLAND COUNTY, No. 21-2009-1076. Decendent's surviving heir(s) at law and next-of-kin is KIPP W. FOSSELMAN. PREMISES BEING: 7 EASTWICK COURT, CARLISLE, PA 17015-7655 PARCEL NO. 40-24-0748-002.U7 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8003-CIVIL FIDELITY BANK, F/K/A FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB VS. KIP W. FOSSELMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF KIM L. KUHN A/K/A KIM LOUISE KUHN A/K/A KIM LOUISE HINTON owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 7 EASTWICK COURT, CARLISLE, PA 17015-7655 Parcel No. 40-24-0748-002.U7 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $59,723.48 Phelan Hallinan & Schmieg, 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 11-8003 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIDELITY BANK f/k/a FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, Plaintiff (s) From KIP W. FOLLELMAN, in his capacity as Executor and Devisee of THE ESTATE OF KIM L. KUHN a/k/a KIM LOUISE KUHN a/k/a KIM LOUISE HINTON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $59,723.48 L. L.: $.50 Interest from 12/31/11 to Date of Sale ($9.82 per diem) -- $1,561.38 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $195.00 Other Costs: Plaintiff Paid: Date: 3,11/12 96??? David D. B ell, Prothonota / (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testlmony wheroaf, l here unto set my hand and ttta "M Of said Carlm". Pa. Thls. d.201 e?iL. (apt pmftnowy Telephone: 215-563-7000 Supreme Court ID No. 308877 On March 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered 7 Eastwick Court, Carlisle, PA 17015-7655 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 14, 2012 By: For Claudia Brewbaker, Real Estate Coordinator COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which P. Terry Cline is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the 1 st day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8003, at the suit of Fidelily Bank against Kip W Fosselman Executor of the Estate of Kim L. Kuhn A/K/A Kim Louise Kuhn A/K/A Kim Louise Hinton is duly recorded as Instrument Number 201232734. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ day of A.D. ( \ Recorder of Deeds r d0eeftG1mftdendt mi*t1srft FA 0*01*r0ftftofJ&%=4