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HomeMy WebLinkAbout02-0655FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL HOME LOANS, INC. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 V. Plaintiff TERM SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 Defendant(s) NO. D2- G Sy & Tiw- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.'* 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan 9:0094435368 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is WASHINGTON MUTUAL HOME LOANS, INC. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/14/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST KEYSTONE FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1558, Page 818. By Assignment of Mortgage recorded 10/11/00 the mortgage was assigned to STATE STREET BANK TRUST COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 657, Page 1. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 2/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $143,535.98 Interest 13,494.42 1/l/01 through 1/1/02 (Per Diem $36.87) Attorney's Fees 1,000.00 Cumulative Late Charges 662.82 7/14/99 to 1/1/02 Cost of Suit and Title Search 550.00 Subtotal $159,243.22 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $159,243.22 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $159,243.22, together with interest from 1/1/02 at the rate of $36.87 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. =ERMAN AND P , LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL that certain piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern line of Cocklin Street, said point being at the dividing line between Lots Nos. 97 and 98 on the hereinafter mentioned Plan of Lots; thence continuing along the southern line of Cocklin Street on a curve to the right having a radius of 175 feet, an are length of 112.30 feet to a point; thence along the same South 70 degrees 28 minutes East, two and eighteen hundredths (2.18) feet to a point; thence along the same on a curve to the left having a radius of 225 feet, an arc length of 164.28 feet to a point; thence along the same North 67 degrees 42 minutes East, five and ninety hundredths (5.90) feet to a point; thence along the same on a curve to the right having a radius of 17 feet, an an length of 26.45 feet to a point on the western line of Allendale Road; thence continuing along the western line of Allendale Road south 23 degrees 10 minutes East ten and ninety-six hundredths (10.96) feet to a point; thence along the line of land now or formerly of Shelley South 65 degrees 24 minutes West, two hundred seventy-six and sixty hundredths (276.60) feet to a point at the dividing line between Lots Nos. 97 and 98 INUIEUJ WU ms 4"" line of Cocklin Street, the place of BEGINNING. BEING Lot No. 97 on Plan No. 5, Plot "B" of Heritage Acres, said plan being recorded in the Cumberland County Recorder's Offee in Plan Book 22, Page 184. PREMISES ON: 708 COCRLIN STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: a L) SOD- c7 N vm P c to h O fO7 =rr :n SHERIFF'S RETURN - REGULAR CASE NO: 2002-00655 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOMES LOANS VS KUHN SCOTT R SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAI KUHN SCOTT R DEFENDANT the at 2055:00 HOURS, on the 19th day of February , 2002 at 708 COCKLIN STREET MECHANICSBURG, PA 17055 by handing to SCOTT KUHN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 So Answers: ?ae!? R. Thomas Kline 02/20/2002 FEDERMAN Sworn and Subscribed to before By: me this 0Z7 (& day of - MORT FORE was served upon FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASINGTON MUTUAL HOME LOANS, INC. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SCOTT R. KUHN Defendant(s). CIVIL DIVISION NO. 02-655-CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SCOTT R. KUHN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/2/02 to 3/25/02 TOTAL $159,243.22 $ 3,060.21 $162,303.43 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. RANK FED RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: L a S, aUo a` PRO PROTHY FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC. Plaintiff VS. SCOTT R. KUHN Defendant(s) TO: SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG,PA 17055 DATE OF NOTICE: MARCH 12,2002 FILE GAPS' 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 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-655 CIVIL SriE.Kik' •' S RETUHN - REGULAR CASE NO: 2002-00655 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOMES LOANS VS KUHN SCOTT R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUHN SCOTT R the DEFENDANT , at 2055:00 HOURS, on the 19th day of February , 2002 at 708 COCKLIN STREET MECHANICSBURG, PA 17055 SCOTT KUHN by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.59 .00 10.00 .00 35.59 So Answers: ?00'A -?O? R. Thomas Kline 02/20/2002 FEDERMAN AND PHELAN Sworn and Subscribed to before By: me this day of _ A. D. Prothonotary N ??p Vo 01 ? cr, r 1 ri r5 r° -G PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASINGTON MUTUAL HOME LOANS, INC. Plaintiff, V. No. 02-655-CIVIL SCOTT R. KUHN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $162,303.43 Interest from 3/25/02 to 9/4/02 $4,348.84 and Costs (per diem -$26.68) TOTAL $166,652.27 --j RANK l n.?. GERMAN,nrv?ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. d o z z ? Wa d O F D U zz z W ?a x O °z U ? o '"" F 3 O O O a "? A O w Wa ? U z z? 3 a U L .y O w an w W) 0 r, d a C7 a 0 ?a U W W H O 0 0 b ss. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Cocklin Street, said point being at the dividing line between Lot Nos. 97 and 98 on the hereinafter mentioned Plan of Lots; thence continuing along the southern line of Cocklin Street on a curve to the right having a radius of 175 feet, an arc length of 112.30 feet to a point; thence along the same South 70 degrees 28 minutes East, two and eighteen hundredths (2.18) feet to a point; thence along the same on a curve to the left having a radius of 225 feet an arc length of 164.28 feet to a point; thence along the same North 67 degrees 42 minutes east, five and ninety hundredths (5.90) feet to a point; thence along the same on a curve to the right having a radius of 17 feet, an arc length of 26.45 feet to a point on the Western line of Allendale Road; thence continuing along the Western line of Allendale Road south 23 degrees 10 minutes East ten and ninety-six hundredths (10.96) feet to a point; thence along the line of land now or formerly of Shelly south 65 degrees 24 minutes West, two hundred seventy-six and sixty hundredths (276.60) feet to a point at the dividing line between Lot Nos. 97 and 98 on said plan; thence along said dividing line North 22 degrees 09 minutes West, one hundred forty-one and fifty-four hundredths (141.54) feet to a point on the Southern line of Cocklin Street, the place of Beginning. BEING Lot No. 97 on Plan No. 5, Plot "B" of Heritage Acres, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 184. HAVING thereon erected a single brick and aluminum ranch-type dwelling with one-car garage, known and numbered as 708 Cocklin Street. Tax Parcel #17-24-0789-199 Premises: 708 COCKLIN STREET, BOROUGH OF MECHANICSBURG CUMBERLAND' COUNTY PENNSYLVANIA TITLE TO SAID PREMISES IS VESTED IN ?c` ott Knhn married man by Deed from Joseph G. Catalano and Ann M. Catalano, married dated 7/14/99, recorded 7/22/99, in Record Book 204, Page 366. vv \ ? iv ri 1 --r- U 4= IL= ? I r ? L -? FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASINGTON MUTUAL HOME LOANS, INC. 9451 CORBIN AVENUE Plaintiff, V. SCOTT R. KUHN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-655-CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT R. KUHN is over 18 years of age and resides at, 708 COCKLIN STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Wlla n?. 0 1 Ann O1. KN F DERMAN, ESQUIRE Attorney for Plaintiff C) ? rrI -u r? D LYJ ._Z n FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASINGTON MUTUAL HOME LOANS, INC. Plaintiff, V. SCOTT R. KUHN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-655-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IRA?IIKAIF:dt?)ERMAN, ESQUIIiE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF CD c i ? C - OD WASINGTON MUTUAL HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SCOTT R. KUHN CIVIL DIVISION Defendant(s). NO. 02-655-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASINGTON MUTUAL HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,708 COCKLIN STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 577 LAMONT ROAD ELMHURST, IL 60126 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA J. KUHN 615 BANGOR JUNCTION ROAD BANGOR, PA 18013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 708 COCKLIN STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 22, 2002 1D.? ?. I Q ANND?X?N DATE FRANK FED RMAN, ESQUIRE Attorney for Plaintiff C) c vo Mi - -r' WASINGTON MUTUAL HOME LOANS, INC. Plaintiff, V. SCOTT R. KUHN Defendant(s). CUMBERLAND COUNTY No. 02-655-CIVIL March 18, 2002 TO: SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 "*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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 708 COCKLIN STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforc@ the court judgment of $162,303.43 obtained by WASINGTON MUTUAL HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Cocklin Street, said point being at the dividing line between Lot Nos. 97 and 98 on the hereinafter mentioned Plan of Lots; thence continuing along the southern line of Cocklin Street on a curve to the right having a radius of 175 feet, an arc length of 112.30 feet to a point; thence along the same South 70 degrees 28 minutes East, two and eighteen hundredths (2.18) feet to a point; thence along the same on a curve to the left having a radius of 225 feet an arc length of 164.28 feet to a point; thence along the same North 67 degrees 42 minutes east, five and ninety hundredths (5.90) feet to a point; thence along the same on a curve to the right having a radius of 17 feet, an arc length of 26.45 feet to a point on the Western line of Allendale Road; thence continuing along the Western line of Allendale Road south 23 degrees 10 minutes East ten and ninety-six hundredths (10.96) feet to a point; thence along the line of land now or formerly of Shelly south 65 degrees 24 minutes West, two hundred seventy-six and sixty hundredths (276.60) feet to a point at the dividing line between Lot Nos. 97 and 98 on said plan; thence along said dividing line North 22 degrees 09 minutes West, one hundred forty-one and fifty-four hundredths (141.54) feet to a point on the Southern line of Cocklin Street, the place of Beginning. BEING Lot No. 97 on Plan No. 5, Plot "B" of Heritage Acres, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, *Page 184. HAVING thereon erected a single brick and aluminum ranch-type dwelling with one-car garage, known and numbered as 708 Cocklin Street. Tax Parcel #17-24-0789-199 Premises: 708 COCKLIN STREET, BOROUGH OF MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA TITLE TO SAID PREMISES IS VESTED IN Scott?R K„hn married man by Deed from Joseph G. Catalano and Ann M. Catalano, married dated 7/14/99, recorded 7/22/99, in Record Book 204, Page 366. C7 G'> O t 7 WASINGTON MUTUAL HOME LOANS, INC. Plaintiff, V. SCOTT R. KUHN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-655-CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASINGTON MUTUAL HOME LOANS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 708 COCKLIN STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name HOUSEHOLD REALTY CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 577 LAMONT ROAD ELMHURST, IL 60126 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA J. KUHN 615 BANGOR JUNCTION ROAD BANGOR, PA 18013 HERITAGE ACRES TOWNHOUSES 5010 TRINDLE ROAD MECHANICSBURG, PA 17055 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 708 COCKLIN STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 30, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CJ ?`' = t.'. ' ? ^'1; __ i' ..- ?l : i _ ?'? !<. j ? c,> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: WASHINGTON MUTUAL HOME LOANS, INC. ) CIVIL ACTION vs. SCOTT R. KUHN ) CIVIL DIVISION NO. 02-655-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL HOME LOANS, INC. hereby verify that on 3/27/02 & 7/30/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 3/27/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: August 12. 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - ..3 0 r . ° ? ..,, Z to A w N O ?D 00 __ j uj ? 6 (gyp O ` z a =x 9 ?? ? ? Yt=fO Y?''O ?r1o°o? at"n? r"?O Kyo°on w yc Y^? ?O? nnY W Ky ?j "yy „ t7 C?? ° °:c i'?-]O tv'"H?-I ? Oy y O z n ? r 7?C ?'?' ?? 7 a c o Ctl .. A x r \ ( j . z 7 'bZ `d " tn?'? Y,tf? y t vrA ? S?O 0 a e OC aO ??l > ?'x > w?? ?? `"2 n z No 3 „ .? .yt2n ;+ c '27 Ln 2 > O ? Y 3 'pro yW .. z n o y ? ° z t?fn `^ Y 'v ?, o m u N YQ yy l-y y V O ? ? A N y? rC? W / Yt1.o.lI l I.yi a d v O z ! + LI O IZ r" ` y w a v z C7 ? o O ao v 3 - 3 N N= A 6 N D O 6 ? ? O ? n OtlO? O . 3 ? d Q 'dJ. O 1 ?3oRg? ? ° y y N d ° ? k lA A N ?. H O C O A O. ° c 3 ? o --SN O m 7 ? c ? c 0 c m ? ? w 3 S?_ ? rR U S.POSSTAGE G o Z -lie ? . a o „ 4 a -- J Q A iJ , . ° P A 60570 0 ! Ott 3 ? q cn 3 O 'y ? (a0 A N ? Z i t ?? 'Z1 N \ [ lc -- 16 ro .3 r_ rp w = z N `?.. C b OD J O? to A W N r= R m t Q • za _ A 1 (gyp A 'f Ac n° S= m c n a 1 n C a ? 1.`y n Otl C?7 Av. Oro ? ?f z 7Jp?y ? A > C N x c C o m 3 °w ?O 3 o A m ? a ? a A ro y 1 A 1 A QQ A ?e C p T R O C . ^ 3 n e 3 a L ft C m ?3A?3m k o o _ w m e 2 0 m O A p A A ?• a = b wd'3 w'a A Vl °'fl O n = ?O ?n m m O O O m m ? g y ? S (A m ? N O C 3 tLj 4 0 m a 1 , 0 9 ..q ? m ?/A1 . o m ( ? y n Q' = 8 3 ptES PON .? A CL aO/e m = m ^ . ? s . - wrncv aowe $00.900 021A = w' .n 0004300377 JUL 30 2002 MAILED FROM ZIP CODE 19103 ° a m , j o g a tj 9 ?, ? 1 ? o y N fC N ?cm A °3 'J A A aNm m ? a I O aroma p °qz a_ N m r re 0 0 7160 3901 9844 6531 8973 TO: SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 I I I i { SENDER: KMD REFERENCE: SALES/0094435368 RETURN rostage RECEIPT I Certified Fee } SERVICE Return Recelpt Fee Restricted Delivery Total Postage a Fees i Us Postal Service Receipt for Certified Mail No Insurance Coverage Provided III Do Not Use for International Mail %WAAK OR DAT rra ra ? ; %,'ate. 0 c -, is COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Federal Natl Mt Assoc is the grantee the same having been sold to said grantee on the 4th day of Sent A.D., 2002, under and by virtue of a writ Execution issued on the 25th day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 655, at the suit of Washington Mutual Home Loans Inc against Scott R Kuhn is duly recorded in Sheriff's Deed Book No. 253, Page 3717. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o? 6 day of A/0 J- I A.D. 2002 of RecaAer o1 Deeda, CumEerlen0 Counrstyy Carlisle, PA My Commission Expires the Fret Mwtlay of Jan. 2008 Washington Mutual Home Loans, Inc. VS Scott R. Kuhn In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-655 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on May 13, 2002 at 5:31 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Scott R. Kuhn, by making known unto Louise Waggoner, adult roommate, at 708 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 10:12 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott R. Kuhn located at 708 Cocklin Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Scott R. Kuhn, by regular mail to his last known address of 708 Cocklin Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 09, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being the highest bid and the best price received for the same Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $923.13, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 18.10 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Certified Mail 1.95 Levy 15.00 Surcharge 20.00 Law Journal 372.35 Patriot News 299.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $ 923.13 paid by attorney 9/23/02 Sworn and subscribed to before me This q ?" day of ?e So ? ,? R. Thomas Kline, Sheriff 2002, A.D. 40 ' BY ?C Prothonotary Real Estat Deputy U? 3u' lJz 3g??i WASINGTON MUTUAL HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SCOTT R. KUHN CIVIL DIVISION Defendant(s). NO. 02-655-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1)'' WASINGTON MUTUAL HOME LOANS INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,708 COCKLIN STREET MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None O WS C== OD c -1 Last Known Address (if address cannot be reasonably ascertained, please indicate) 0 RPM 9== Gi) G:0 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 577 LAMONT ROAD ELMHURST, IL 60126 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA J. KUHN 615 BANGOR JUNCTION ROAD BANGOR, PA 18013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 708 COCKLIN STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 22. 2002 ?,? DATE FRANK FED RMAN, ESQ Attorney for Plaintiff WASINGTON MUTUAL HOME LOANS, INC. Plaintiff, V. SCOTT R. KUHN Defendant(s). CUMBERLAND COUNTY No. 02-655-CIVIL March 18, 2002 TO: SCOTT R. KUHN 708 COCKLIN STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 708 COCKLIN STREET, MECHANICSBURG PA 17055, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $162,303.43 obtained by WASINGTON MUTUAL HOME LOANS INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Cocklin Street, said point being at the dividing line between Lot Nos. 97 and 98 on the hereinafter mentioned Plan of Lots; thence continuing along the southern line of Cocklin Street on a curve to the right having a radius of 175 feet, an arc length of 112.30 feet to a point; thence along the same South 70 degrees 28 minutes East, two and eighteen hundredths (2.18) feet to a point; thence along the same on a curve to the left having a radius of 225 feet an arc length of 164.28 feet to a point; thence along the same North 67 degrees 42 minutes east, five and ninety hundredths (5.90) feet to a point; thence along the same on a curve to the right having a radius of 17 feet, an arc length of 26.45 feet to a point on the Western line of Allendale Road; thence continuing along the Western line of Allendale Road south 23 degrees 10 minutes East ten and ninety-six hundredths (10.96) feet to a point; thence along the line of land now or forrrierly of Shelly south 65 degrees 24 minutes West, two hundred seventy-six and sixty hundredths (276.60) feet to a point at the dividing line between Lot Nos. 97 and 98 on said plan; thence along said dividing line North 22 degrees 09 minutes West, one hundred forty-one and fifty-four hundredths (141.54) feet to a point on the Southern line of Cocklin Street, the place of Beginning. BEING Lot No. 97 on Plan No. 5, Plot "B" of Heritage Acres, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 22,'Page 184. HAVING thereon erected a single brick and aluminum ranch-type dwelling with one-car garage, known acLu uulnucred as 108 Cocklin Street. Tax Parcel #17-24-0789-199 Premises: 708 COCKLIN STREET, BOROUGH OF MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA TITLE TO SAID PREMISES IS VESTED IN Scott Knhn married man by Deed from Joseph G. Catalano and Ann M. Catalano, married dated 7/14/99, recorded 7/22/99, in Record Book 204, Page 366. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-655 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASINGTON MUTUAL HOME LOANS, INC., Plaintiff (s) From SCOTT R KUHN, 708 COCKLIN STREET, MECHANICSBURG, PA 17055 (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 $162,303.43 L.L. $.50 Interest FROM 3/25/02 TO 9/4/02 (PER DIEM - $26.68) $4,348.84 AND COSTS Any's Comm % Due Prothy $1.00 Any Paid $107.59 Other Costs Plaintiff Paid Date: MARCH 25, 2002 CURTIS R. LONG Prothonotary, Civil Division B REQUESTING PARTY: L/ Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 20 On May 10, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 708 Cocklin Street, d Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 10, 2002 By: e1 aa_(j1 c?-Q &S-A.,36aj_C( n?? r q VIA 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ?..:.' .? ....................................................... COPY e this 14th da4f AuQwst 2002 A.D. S A L E #20 Terry L. Russell, Notary Public / L REAL ESTATE SALE No. 20 City Of Harrisburg, Dauphin County 06 Writ No. 2002-655 My Commission Expires June 6, 20 Civil Term NOTARY PUBLIC Pennsylvania Association Of Notaries Member Washington Mutual Home Loans, , My commission expires June 6 2006 Inc. , vs Scott R. Kuhn CUMBERLAND COUNTY SHERIFFS OFFICE Atty: Frank Federman DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN'piece or parcel of land CARLISLE, PA. 17013 situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded anddescribeaasfollows: Statement of Advertising Costs BEGINNING at a point on the Southern line of Cocklin Street, aaid point being at the dividing To THE PATRIOT-NEWS CO., Dr. line between Lot Nos. 97 and 98 on the hereinafter mentioned Plan of Lots; thence For publishing the notice or publication attached continuing along the southern line of Cocklin hereto on the above stated dates $ 297.60 Street on a curve to the right having a radius of 175 feet, an arc length of 112.30 feet to a point; Probating g same Notary Fee(s) $ 1.75 thence along the same South 70 degrees 28 Total $ 299.35 minutes East, two and eighteen hundredths (2.18) feet to a point; thence along the same on a curve to the left having a radius of 225 feet an arc length of 164.28 feet to a point; thence along the publisher's Receipt for Advertising Cost The Patriot News Co. , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledg e receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ............................................ same North 67 degrees 42 minutes east, five and ninety hundredths (5.9, feet to a point; thence along the same on a curve to the right having a radius of 17 feet, an arc length of 26.45 feet to a point on the Western line of Allendale Road; thence continuing along the Western line of Allendale Road south 23 degrees 10 minutes East ten and ninety-six hundredths (10.96) feet to a point; thence along th? line of land now or formerly of Shelly south 65 degrees 24 minutes West, two hundred seventy-six and sixty hundredths (276.60) feet to a point at the dividing line between Lot Nos. 97 and 98 on said plan; thence along said dividing line North 22 degrees 09 minutes West, one hundred forty-one and fifty-four hundredths (141.54) feet to a point on the Southern line of Cocklin Street, the place of BEGINNING. BEING Lot No. 97 on Plan No. 5, Plot "B" of Heritage Acres, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 184. HAVING thereon ere?.ed a single brick and aluminum ranch-type dwelling with one-car garage, known and numbered as 708 Cocklin Street. TAX PARCEL: #17-24-01239-199. PREMISES: 708 Cocklin Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania. TITLE TO SAID premises is vested in Scott R. Kuhn, married man, by Deed from Joseph G. Cata- lano and Ann M. Catalano, married, dated 7/14/99, recorded 7/22/99, in Record Book 204, Page 366. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, 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: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 NOTARIAL SEAL. - LOIS E. SNYDER, Notary PtlbUc C*W Lly Cwj* 0? El QXMWIWW ? C? Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 20 Writ No. 2002-655 Civil Washington Mutual Home Loans, Inc. VS. Scott R. Kuhn Atty.: Frank Fderman ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Mechanicsburg, County of Cumber- land and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Cocklin Street, said point being at the dividing line be- tween Lot Nos. 97 and 98 on the hereinafter mentioned Plan of Lots: thence continuing along the south- ern line of Cocklin Street on a curve to the right having a radius of 175 feet, an arc length of 112.30 feet to a point: thence along the same South 70 degrees 28 minutes East, two and eighO hundredths (2.18) feet to a point; thence along the same on a curve to the left having a ra- dius of 225 feet an are length of 164.28 feet to a point; thence along the same North 67 degrees 42 min- utes east, five and ninety hun- dredths (5.90) feet to a point; thence along the same on a curve to the right having a radius of 17 feet, an arc length of 26.45 feet to a point on the Western line of Allendale Road; thence continuing along the Western line of Allendale Road south 23 degrees 10 minutes East ten and U? ninety-six hundredths (10.96) feet to a point; thence along the line of land now or formerly of Shelly south 65 degrees 24 minutes West, two hundred seventy-six and sixty hun- dredths (276.60) feet to a point at the dividing line between Lot Nos. 97 and 98 on said plan; thence along said dividing line North 22 degrees 09 minutes West, one hun- dred forty-one and fifty-four hun- dredths (141.54) feet to a point on the Southern line of Cocklin Street, the place of Beginning. BEING Lot No. 97 on Plan No. 5, Plot "B" of Heritage Acres, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 184. HAVING thereon erected a single brick and aluminum ranch-type dwelling with one-car garage, known and numbered as 708 Cocklin Street. Tax Parcel #17-24-0789-199. Premises: 708 COCKLIN STREET, BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY. PENN- SYLVANIA. TITLE TO SAID PREMISES IS VESTED IN Scott R. Kuhn, married man by Deed from Joseph G. Catala- no and Ann M. Catalano, married dated 7/14/99, recorded 7/22/99, in Record Book 204, Page 366.