HomeMy WebLinkAbout02-1847McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Washington Mutual Bank, FA
10790 Rancho Bernardo Road
San Diego, CA 92127
V.
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Ronald L. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007 Numberoa IPy7
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE Avxso
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 HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Ctu*LC-
Le han demandado a usted en la corte. Si usted
quiere defenderse de estas demandas ex-puestas an
Las paginas siguientes, usted tiene veinte (20)
dias de plazo al partir de la fecha de la demanda y
la notificacion. Hace falta asentar una
comparencia escrita o en persona o con un abogado y
entregar a La corte an forma escrita sus defensas o
sus objeciones a Las demandas an contra de su
persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede continuer la
demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a
favor del demandante y requiere que usted cumpla
con todas Las provisioner de esta demanda. Usted
puede perder dinero o sus propiedades u otros
derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Washington Mutual Bank, FA
10790 Rancho Bernardo Road
San Diego, CA 92127
V.
Ronald L. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number oa _lPq7 C'6,C_
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Washington Mutual Bank, FA, a corporation
duly organized and doing business at the above captioned address.
2. The Defendant is Ronald L. Kuhn, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and his last-known address is 15 West Springville Road,
Boiling Springs, PA 17007.
3. The Defendant is Debra A. Kuhn, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 15 West Springville Road,
Boiling Springs, PA 17007.
4. On 8/10/00, mortgagors made, executed and delivered a
mortgage upon the premises hereinafter described to Fremont
Investment and Loan which mortgage is recorded in the Office of the
Recorder of Cumberland County in Mortgage Book 1633, Page 144.
5. The aforesaid mortgage was thereafter assigned by Fremont
Investment and Loan to Washington Mutual Bank, FA, Plaintiff
herein, by Assignment of Mortgage which will be duly recorded in
the Office of the Recorder of Cumberland County.
6. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 15 West
Springville Road, Boiling Springs, PA 17007.
7. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 12/1/01 and each
month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month,
the entire principal balance and all interest due thereon are
collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance
Interest 11/1/01 through 4/10/02
(Plus $28.51 per diem thereafter)
Attorney's Fee
Late Charges
Corporate Advance
NSF
Cost of Suit
Appraisal Fee
Title Search
$92,311.63
$ 4,561.60
$ 4,615.58
$ 321.18
$ 200.00
$ 40.00
$ 225.00
$ 125.00
$ 200.00
GRAND TOTAL $102,599.99
9. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
10. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. §403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been
sent to Defendant by regular and certified mail.
WHEREFORE, Plaintiff demands Judgment against the Defendants
in the sum of $102,599.99, together with interest at the rate of
$28.51 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged
property.
TERRENCE J. Mc BE, ESQUIRE
Attorney for P aintiff
VERIFICATION
The undersigned, Maria Severino, hereby certifies that she is
the Foreclosure Specialist of the Plaintiff in the within action,
and that she is authorized to make this verification and that the
foregoing facts are true and correct to the best of her knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. §4904
relating to unsworn falsification to authorities.
Maria Sever no
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LICAL DESCRIPTION
ATTACHMENT TO MORTGAGE
ALL TKAT CeRTAfN t W Qf land wW tw kevrowwM. dwnon womd dluab on tlw North ddo of
Road In SrA Mlddlelon Town". onow lmd Cow*. Panraylvanb, banded and
IM, a draft Of WA SIMY bakq Hid MWWAd hw* byMrebrorms, as hlbMra w, on Jura 12,
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Road IN the Nwftm a n ow0 of land now or f8rmedy of R. Naolay, whldt sWo at ow Plow d
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r4 dapraaa wraat a dlaarra d 13e.00 fNt b s dmks at the Soulhaaalam aorrrar d land raw or
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of 140.30 fast b a abiw, In Plaoa d MMMMO.
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Department of the Treasury - Internal Revenue Service
Form 668 (Y)(c)
(Rev. October 2000) Notice of Federal Tax Lien
Area: Serial Number For Optional Use by Recording Office
WAGE & INVESTMENT AREA #2
Lien Unit Phone: (800) 829-7650
230289597 1
As provided by section 6321, 6322, and 6323 of the Internal Revenue
Code, we are giving a notice that taxes (including interest and penalties) (? G fi
have been assessed against the following-named taxpayer. We have made
a demand for payment of this liability, but it remains unpaid. Therefore,
there is a lien in favor of the United States on all property and rights to
property belonging to this taxpayer for the amount of these taxes
and f-,
,
additional penalties, interest, and costs that may accrue.
Name of Taxpayer ROBERT T SEEGER r
Residence
210 RENO ST
NEW CUMP, PA 17070-2047 -
v,
IMPORTANT RELEASE INFORMATION: For each assessment listed below - l"
unless notice of the lien is refiled by the date given in column (e), this notice shall, ,
on the day following such date, operate as a certificate of release as defined
in IRC 6325(a).
Kind of Tax Tax Period
Ending
Identifying Number Date of
Assessment Last Day for
Refilling Unpaid Balance
of Assessment
(a) (b) (c) (d) (e) (f)
1040 12/31/1993 209-46-1896 11/10/1997 12/10/2007 4574.75
1040 12/31/1994 209-46-1896 11/10/1997 12/10/2007 19902.51
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
Total 1 $
24477.26
This notice was prepared and signed at PITTSBURGH, PA
, on this,
the 17th day of May 2002
Signatu Title
ACS 12-00-0000
for (800) 829-7650
(NOTE: Certificate of officer authorized by law t ke acknowledgment is not essential to the validity of Notice of Federal Tax lien
Rev. Rul. 71-466, 1971 - 2 C.B. 409)
Part 1 - Kept By Recording Office CAT. 668( (Rev. 10-0
CAT. NO 60025X
X
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01847 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
KUHN RONALD L ET
DAWN KELL , 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 RONALD L the
2002
DEFENDANT , at 2124:00 HOURS, on the 16th day of April ,
at 15 WEST SPRINGVILLE ROAD
BOILING SPRINGS, PA 17007
RONALD L KUHN
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and subscribed to before
me this /?? day of
A. D.
r thonotary
So Answers:
R. Thomas Kline
04/17/2002
MCCABE WEISBERG CONWAY
By. ?oLLM g VSheriff
SHERIFF'S RETURN - REGULAR
` CASE NO: 2002-01847 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
KUHN RONALD L ET AL
DAWN KELL
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 DEBRA A
the
DEFENDANT , at 2124:00 HOURS, on the 16th day of April , 2002
at 15 WEST SPRINGVILLE ROAD
BOILING SPRINGS, PA 17007
RONALD L KUHN
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 1?6? day of
0,0 a A. D.
Prothonotary
So Answers:
R. Thomas Kline
04/17/2002
MCCABE WEISBERG CONWAY
By: I? h2??
Deputy Sheriff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $102,599.99
Interest from 4/11/02-5/24/02 s 1,225.93
TOTAL $103,825.92
TERRENCE J. McC E, ESQUIRE
AND NOW, this c v'-\ day of y , 2002,
Judgment is entered in favor of Plaintiff, Washington Mutual Bank,
FA, and against Defendants, Ronald L. Kuhn and Debra A. Kuhn, and
damages are assessed in the amount of $103,825.92, plus interest
and costs.
BY THE PROTHONOTARY:
??1
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA
The undersigned, being duly sworn according to law, deposes
and says that the Defendant is 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; and that the Defendants, Ronald L.
Kuhn and Debra A. Kuhn, are over eighteen (18) years of age, and
resides at 15 West Springville Road, Boiling Springs, PA 17007.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS p?[[7OLDAY
OF , 2002.
it , - /
NOTARY PUBLIC
TERRENCE J. Mc ABE, ESQUIRE
Attorney for Plaintiff
MiCHME HoI Holtary Peiblir.
ChY PMlad-Phia. Phila. County
'?J__2F?res March 28, ?0(3'
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA
V.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
CERTIFICATION
I certify that the foregoing assessment of damages is for
specified amounts alleged to be due in the Complaint and is
calculable as a sum certain from the Complaint.
I certify that written notice of the intention to file this
Praecipe was mailed or delivered to
is to be entered and to the attorn
default occurred and at least ten
the filing of the Praecipe. A true
pursuant to Pennsylvania Rule of
attached hereto and marked Exhibit
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ,?,,DAY
OF /)'l N , 2002.
(jI
the party against whom judgment
=y of record, if any, after the
(10) days prior to the date of
and correct copy of the notice
Civil Procedure No. 237.1 is
"A„
-4,L (--c YL-cam
TERRENCE J. M,&CABE, ESQUIRE
Attorney for Plaintiff
NOTARY PUBLIC
VERIFICATION
The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies
that he is the attorney for the Plaintiff in the within action and
that he is authorized to make this verification and that the
foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. Section 4909
relating to unsworn falsification to authorities.
TERRENCE J. Mc ABE, ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary May 13, 2002
To: Ronald L. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
V. COURT OF COMMON PLEAS
RONALD L. KUHN AND
DEBRA A. KUHN NUMBER 02-1847 CIVIL TERM
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
NOTIFICACION IMPORTANTE
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
(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:
Usted se encuentra an estado de rebeldia por
no haber presentado una comparecencia escrita,
ya sea personalmente o por abogado y por no
haber radicado por escrito con este Tribunal
sus defenses u objeciones a Los reclamos
formulados an contra suyo. AL no tomar Is
accion debida dentro de diez (10) dias de la
fecha de esta notificacion, at Tribunal podra,
sin necesidad de comperecer usted en corte u
oir preuba alguna, dictar sentencia an su
contra y usted podria perder bienes u otros
derechos importantes. Debe llevar esta
notificacion a un abogado inmediatamente. Si
usted no tiene abogado, o si no tiene dinero
suficiente pars tat servicio, vaya an persona
o Name por telefono a to oficina, nombrada
pars averiguar si puede conseguir asistencia
Legal.
Court Administrator Court Administrator
Cumberland County Courthouse Cumberland County Courthouse
Carlisle, PA 17013 Carlisle, PA 17013
(717) 240-6200 (717) 240-6200
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
TJM/cc EXHIBIT Is
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary May 13, 2002
To: Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
V. COURT OF COMMON PLEAS
RONALD L. KUHN AND
DEBRA A. KUHN NUMBER 02-1847 CIVIL TERM
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT 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
(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:
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
NOTIFICACION IMPORTANTE
usted se encuentra an estado de rebeldia por
no haber presentado una comparecencia escrita,
ya sea personalmente o por abogado y por no
haber radicado por escrito con este Tribunal
sus defenses u objeciones a Los reclamos
formulados an contra suyo. Al no tomar La
accion debida dentro de diez (10) dias de la
fecha de esta notificacion, el Tribunal podra,
sin necesided de comparecer usted en corte u
oir preuba alguna, dictar sentencia an su
contra y usted podria perder bienes u otros
derechos importantes. Debe llevar esta
notificacion a un abogado inmediatamente. Si
usted no tiene abogado, o si no tiene dinero
suficiente pare tat servicio, vaya an persona
o Name por tetefono a la oficina, nombrada
pare averiguar si puede conseguir asistencia
legal.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
MCCABE, WEISBERG AND CONWAY, P.C.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
TJM,cc EXHIBIT `1,r
OFFICE OF THE PROTHONOTARY
COURT OF COM14ON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Ronald L. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
WASHINGTON MUTUAL BANK, FA
V.
RONALD L. KUHN AND
DEBRA A. KUHN
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 02 1847 CIVIL TERM
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated elow.
3 `+ ? .
Curtis R. Long
Prothonotary
XX Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J McCabe Esquire at (215) 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
WASHINGTON MUTUAL BANK, FA
V.
RONALD L. KUHN AND
DEBRA A. KUHN
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 02 1847 CIVIL TERM
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above procee 'ng as indicate below.
f) I-
Qlifli? ?? - '??
Curtis R. Long
Prothonotary
XX Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
if you have any questions concerning this Judgment, please call
Terrence J McCabe Esquire at (215) 790-1010.
X) (Z
V
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Washington Mutual Bank, FA
V.
Ronald L. Kuhn and Debra A. Kuhn
FILE NO.: 02 1847 CIVIL TERM
AMOUNT DUE: $103,825.92
INTEREST: from 5/25/02-12/10/03
$9,621.84 at 17.06 Per Diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it
does, it is based on the appropriate original proceeding filed pursuant to Act 7 of
1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland county, for
debt, interest and costs upon the following described property of the defendant(s)
15 West Springville Road, Boiling Springs, PA 17007
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt,
interest and costs, as above, directing attachment against the above-named
garnishee(s) for the following property (if real estate, supply six copies of the
description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of
the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens
against real estate of the defendant(s) described in the attached exhibit.
June 12, 2003
DATE: Signature:
Print Name: TERR C J. McCAB , ESQUIRE
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 16496
f
V34
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LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated herein by reference, as follows:
.:t
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA
V.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real
property located at 15 West Springville Road, Boiling Springs, PA
17007, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Ronald L. Kuhn and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
2. Name and address of Defendant(s) in the judgment:
Name Address
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
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
Washington Mutual Bank, FA
Fremont Investment & Loan its
Successor and or assigns
10790 Rancho Bernardo Road
San Diego, CA 92127
175 North Riverview Drive
Anaheim, Ca 92808
Keystone Auto Exchange Sales, Inc 5270 E Trindle Road
Mechanicsburg, Pa 17055
4. Name and address of the last recorded holder of every
mortgage of record:
Name Address
Washington Mutual Bank, FA 10790 Rancho Bernardo Road
San Diego, CA 92127
Fremont Investment & Loan its
Successor and or assigns 175 North Riverview Drive
Anaheim, Ca 92808
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None
6. Name and address
Plaintiff has knowledge who
may be affected by the sale:
Name
of every other person of whom the
has any interest in the property which
Tenant(s)
Domestic Relations
Commonwealth of Pennsylvania
Address
15 West Springville Road,
Boiling Springs, PA 17007
Armstrong County
Court House Rm 1
500 Market Street
Kittaning, PA 16201
Department of Welfare
P.O. 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. Section 4904 relating to unsworn
falsification to authorities.
June 12, 2003
DATE TERR J. McCABE, ESQUIRE
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated herein by reference, as follows:
,l
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8110/2000 and recorded 8117/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
EXHIBIT "A'
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
,Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ronald L. Kuhn and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
Your house (real estate) at 15 West Springville Road, Boiling
Springs, PA 17007, is scheduled to be sold at Sheriff's Sale on
December 10, 2003 at 10:00 a.m. in the Commissioner's Hearing Room
located on the 2nd Floor of the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the
court judgment of $ 103,825.92 obtained by Washington Mutual Bank,
FA against you.
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 Washington Mutual
Bank, FA, the back payments, late charges, costs, and
reasonable attorney's fees due. To find out how much you
must pay, you may call Terrence J. McCabe, Esquire at
(215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE
AND YOU HAVE
EVEN IF THE SHERIFF'S
TO SAVE YOUR PROPERTY
OTHER RIGHTS
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 Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
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 a 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. A schedule of distribution will be filed by the Sheriff on a
date specified by the Sheriff not later than 30 days after
sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Ci
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,825.92
L.L. $.50
Interest FROM 5125(02-12110/03 $9,621.84 AT 17.06 PER DIEM
Atty's Comm % Due Prothy $1.00
Any Paid $119.45
Plaintiff Paid
Other Costs
Date: JUNE 19, 2003
(Seal)
CURTIS R. LONG
Prothonotaa ^
Deputy
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
06/26/2003 10:40 F.4X 215 790 1274 McCabe Weisberg Conway
1m 002
LAW OFFICES
MCCABE, WEISBERG & CONWAY, P.C.
SUITE 2080 SUITE 600
123 SOUTH BROAD STREET 216 HADDON AVF,NUE
TERRENCE J. K CAGE PHILADELPHIA, PENNSYLVANIA 19109 WESTMONT, NJ 08108
X (6) 858-7080
(215) 790-1010
FAX (215) ) 790 790.1274 FAX (856) 658-7020
SUITE 503
/ 53 WEST 36'^ STREET
?/ NEW YORK, NY 10018
(917)351.1188
FAX (917) 35 "363
June 26, 2003
O Sheriff's office
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
p? Re: Washington Mutual Bank, FA
p V.
b Ronald and Debra Kuhn
CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1847
PREMISES: 15 West Springville Road, Boiling Springs, PA 17007
111SSS_ Sheriff's Sale Date: December 10. 2003
Dear Sheriff:
W
As you know, the above-captioned property is currently listed
for the December 10, 2003 Sheriff's Sale. I am writing to you at
this time to request that you stay the Sale. Defendant filed a
ChaFter 13 bk on June 6, 2003 in the Middle District of PA., bk#
03-03371.
In addition, please return the writ to the Prothonotary and
forward any refun d due my client.
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As acknowledgment of this stay, I would appreciate your
signing or time-stamping a copy of this letter and faxing the same
to my attention. If you have any questions, please contact me.
Thank you for your cooperation.
Very truly yours,
TERRENCE J. McCABE
TJM/3M
SENT VIA FACSIMILE TRANSMITTAL--NUMBER (717) 240-6397
SHERIFF'S OFFICE-RECEIVED BY:
5- L-A-,
SIGNATURE
6 (zC_ (03
DATE
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(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 $103,825.92 L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 17.06 PER DIEM
Arty's Comm % Due Prothy $1.00
Atty Paid $119.45 Other Costs
Plaintiff Paid
Date: JUNE 19, 2003
CURTIS R. LONG
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REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANE; FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,825.92 L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 1 7.06 PER DIEM
Arty's Comm % Due Prothy $1.00
Arty Paid $119.45 Other Costs
Plaintiff Paid
Date: JUNE 19, 2003
CURTIS R. LONG
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Deputy
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
TRUE COPY FROM RECORD
' Tsatknony whereof, I here um set my tow
4#4 tft MW of said at Caro. Pa.
0 da
J<
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,825.92
L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 17.06 PER DIEM
Atty's Comm % Due Prothy $1.00
Arty Paid $119.45
Plaintiff Paid
Other Costs
Date: JUNE 19, 2003
(Seal)
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
CURTIS R. LONG
Prothonotary,
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Deputy
TRUE COPY FROM RECORD
M TeatWmy whereol, I here unto set my hand
ad the seal of said Court at Cal*. Pa.
rft-s- .day et ,,ro_
dlKir?y
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(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 $103,825.92
L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 17.06 PER DIEM
Any's Comm % Due Prothy $1.00
Arty Paid $119.45
Other Costs
Plaintiff Paid
Date: JUNE 19, 2003
(Sea])
CURTIS R. LONG
Prothonota/r/y
?By: X/i O?f+ i
4t?-
Deputy
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
TRUE COPY FROM RECORD
M Taatfmooy wheraW, i here onto set my ha ad
arld the Swi of said Court at Caro*. Pa.
?y eft).,,x
rt?tr,?,,,aa,y
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account 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 $103,825.92
L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 17.06 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $119.45
Plaintiff Paid
Date: JUNE 19, 2003
(Seal)
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
Deputy
TRUE COPY FROM RECORD
to Tastknwy whera W, 1 two unto set my hared
geld tit awl (+i said Gou at Cantab. Pa.
ay at .'w -
R Mary
Other Costs
CURTIS R. LONG
Prothonota
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed in 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 gamishee(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 $103,825.92
L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 17.06 PER DIEM
Arty's Comm % Due Prothy $1.00
Arty Paid $119.45
Plaintiff Paid
Date: JUNE 19, 2003
(Seal)
Other Costs
CURTIS R. LONG
Prothonotary
Deputy
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
TRUE COPY FROM RECORD
M ray vaa`w, , t twe wde ad aw tw4
tM 9bat of wn# k"'% I at Cat". Pa.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(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 $103,825.92
L.L. $.50
Interest FROM 5/25/02-12/10/03 $9,621.84 AT 17.06 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $119.45
Plaintiff Paid
Date: JUNE 19, 2003
(Seal)
Other Costs
CURTIS R. LONG
Prothonot
may: zQis. , .??-
Deputy
REQUESTING PARTY:
Name TERRENCE J. McCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
TRUE COPY FROM RECORD
to Tasyt?i",fly whereof, 1 herb ;nrata set my haad
y4 Ow Seas of said Court at Carlisle, Pa
I J6Y .. ?,.
onotm
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification. Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real
property located at 15 West Springville Road, Boiling Springs, PA
17007, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Ronald L. Kuhn and
Debra A., Kuhn 15 West Springville Road
Boiling Springs, PA 17007
2. Name and address of Defendant(s) in the judgment:
Name Address
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
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
Washington Mutual Bank, FA
Fremont Investment & Loan its
Successor and or assigns
10790 Rancho Bernardo Road
San Diego, CA 92127
175 North Riverview Drive
Anaheim, Ca 92808
Keystone Auto Exchange Sales, Inc 5270 E Trindle Road
Mechanicsburg, Pa 17055
4. Name and address of the last recorded holder of every
mortgage of record:
Name Address
Washington Mutual Bank, FA 10790 Rancho Bernardo Road
San Diego, CA 92127
Fremont Investment & Loan its
Successor and or assigns 175 North Riverview Drive
Anaheim, Ca 92808
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None
6. Name and address of
Plaintiff has knowledge who has
may be affected by the sale:
Name
every other person of whom the
any interest in the property which
Tenant(s)
Domestic Relations
Commonwealth of Pennsylvania
Address
15 West Springville Road,
Boiling Springs, PA 17007
Armstrong County
Court House Rm 1
500 Market Street
Kittaning, PA 16201
Department of Welfare
P.O. 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. Section 4904 relating to unsworn
falsification to authorities.
June 12, 2003 f)
DATE TERR J. McCABE, ESQUIRE
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1465, a draft
of said survey being incorporated herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/1712000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
EXHIBIT 49
McCABE, WEISBER.G AND CONWAY, P.C.
BY: TERRENCE J'. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ronald L. Kuhn and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
Your house (real estate) at 15 West Springville Road, Boiling
Springs, PA 17007, is scheduled to be sold at Sheriff's Sale on
December 10, 2003 at 10:00 a.m. in the Commissioner's Hearing Room
located on the 2nd Floor of the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the
court judgment of -q 103,825.92 obtained by Washington Mutual Bank,
FA against you.
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 Washington Mutual
Bank, FA, the back payments, late charges, costs, and
reasonable attorney's fees due. To find out how much you
must pay, you may call Terrence J. McCabe, Esquire at
(215) 790-1010.
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 the following notice 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 Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
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 a 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. A schedule of distribution will be filed by the Sheriff on a
date specified by the Sheriff not later than 30 days after
sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated-herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern comer of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated- herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated-herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated- herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern comer of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Washington Mutual Bank, FA
V.
Ronald L. Kuhn and Debra A. Kuhn
FILE NO.: 02 1847 CIVIL TERM
AMOUNT DUE: $103,825.92
INTEREST: from 5/25/02-12/8/04
$15,840.96 at 17.07 Per Diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it
does, it is based on the appropriate original proceeding filed pursuant to Act 7 of
1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for
debt, interest and costs upon the following described property of the defendant(s)
15 West Springville Road, Boiling Springs, PA 17007
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt,
interest and costs, as above, directing attachment against the above-named
garnishee(s) for the following property (if real estate, supply six copies of the
description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of
the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens
against real estate of the defendant(s) described in the attached exhibit.
DATE: August 16, 2004 Signature ,f?y? (? `n'
/X s ?. I I ?1 X?
Print Name: TERREE11CE J. McCABE, ESQUIRE
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone; (215) 790 1010
Supreme Court ID No. 16496
4Q xi
(AJ
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p? p Cf)
0 6 ? ?CCC?CO
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G? _Fig
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated herein by reference, as follows:
,z
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern comer of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book '
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,825.92
L.L. $.50
Interest FROM 5/25/02 -12/8/04 $15,840.96 AT 17/07 PER DIEM
Arty's Comm % Due Prothy $1.00
Arty Paid $125.45
Other Costs
Plaintiff Paid
Date: AUGUST 31, 2004
(Seal)
CURTIS R. LONG
Prothonot
-E$V: Dn, O _
Deputy
REQUESTING PARTY:
Name TERRANCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real
property located at 15 West Springville Road, Boiling Springs, PA
17007, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Ronald L. Kuhn and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
2. Name and address of Defendant(s) in the judgment:
Name Address
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
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
Washington Mutual Bank, FA
Fremont Investment & Loan its
Successor and or assigns
10790 Rancho Bernardo Road
San Diego, CA 92127
175 North Riverview Drive
Anaheim, Ca 92808
Keystone Auto Exchange Sales, Inc 5270 E Trindle Road
Mechanicsburg, Pa 17055
4. Name and address of the last recorded holder of every
mortgage of record:
Name Address
Washington Mutual Bank, FA
Fremont Investment & Loan its
Successor and or assigns
10790 Rancho Bernardo Road
San Diego, CA 92127
175 North Riverview Drive
Anaheim, Ca 92808
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None
6. Name and address of
Plaintiff has knowledge who has
may be affected by the sale:
Name
Tenant(s)
Domestic Relations
every other person of whom the
any interest in the property which
Commonwealth of Pennsylvania
Address
15 West Springville Road,
Boiling Springs, PA 17007
Armstrong County
Court House Rm 1
500 Market Street
Kittaning, PA 16201
Department of Welfare
P.O. 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. Section 4904 relating to unsworn
falsification to authorities.
August 16, 2004 "'n- V1 Va
DATE TERRE C J. McCABE, ESQUIRE
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated herein by reference, as follows:
;V
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
RONALD L. KUHN AND NUMBER 02 1847 CIVIL TERM
DEBRA A. KUHN
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ronald L. Kuhn and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
Your house (re
Springs, PA 17007,
December 8, 2004 at
located on the 2nd
Courthouse Square,
court judgment of $
FA against you.
a1 estate) at 15 West Springville Road, Boiling
is scheduled to be sold at Sheriff's Sale on
10:00 a.m. in the Commissioner's Hearing Room
Floor of the Cumberland County Courthouse, 1
Carlisle, Pennsylvania 17013, to enforce the
103,825.92 obtained by Washington Mutual Bank,
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 Washington Mutual
Bank, FA, the back payments, late charges, costs, and
reasonable attorney's fees due. To find out how much you
must pay, you may call Terrence J. McCabe, Esquire at
(215) 790-1010.
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 the following notice 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 Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
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 a 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. A schedule of distribution will be filed by the Sheriff on a
date specified by the Sheriff not later than 30 days after
sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY
COURT ADMINISTRATOR BAR ASSOCIATION
4TH FLOOR, 2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
CARLISLE, PENNSYLVANIA 17013 (717) 249-3166
(717) 240-6200
N
c? -n
Flir-
W
i
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-=
U'r
1?
Washington Mutual Bank, FA
VS
Ronald L. Kuhn and Debra A. Kuhn
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1847 Civil Term
Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states t
on September 10, 2004 at 8:46 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upo
the within named defendants, to wit: Ronald L. Kuhn and Debra A. Kuhn, by makin
known unto Debra Kuhn, personally and wife of Ronald Kuhn, at 15 West Springvill
Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the sam
time handing to her personally the said true and correct copy of the same.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states t
on October 07, 2004 at 6:39 o'clock P.M., he posted a true copy of the within Real Es
Writ, Notice, Poster and Description, in the above entitled action, upon the property o
Ronald L. Kuhn and Debra A. Kuhn located at 15 W. Springville Road, Boiling Sprin
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Ronald L. Kuhn and Debra A. Kuhn, by regular mail to their last
known address of 15 W. Springville Road, Boiling Springs, PA 17007. This letter was
mailed under the date of October 07, 2004 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this w
is returned STAYED per instructions from Attorney Terrence McCabe.
Sheriff's Costs
Docketing 30.00
Poundage 5.25
Advertising 15.00
Posting Handbills 15.00
Law Library .50
Prothonotary 1.00
Levy 15.00
Mileage 7.40
Surcharge 30.00
Law Journal 118.15
Patriot News
Share of Bills 30.42
$267.72
Sworn and subscribed to before me ers: ire
This 4w day of X&e4 ?
R. Thomas Kline, Sheriff
2004, A.D. dku? , "?
r thonotary BY de
Real Estate eputy
1. )c
Y7 5?Q
"Y907
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
COURT OF COMMON P.
V.
RONALD L. KUHN AND NUMBER 02 1847 CIVII TERM
DEBRA A. KUHN
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff i the
above action, set forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real
property located at 15 West Springville Road, Boiling Spring , PA
17007, a copy of the description of said property is att ched
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Ronald L. Kuhn and
Debra A. Kuhn 15 West Springville oad
Boiling Springs, PA 7007
2. Name and address of Defendant(s) in the judgment:
Name Address
Debra A. Kuhn 15 West Springville R ad
Boiling Springs, PA 1 007
3. Name and last known address of every judgment cred for
whose judgment is a record lien on the real property to be s d:
Name Address
Washington Mutual Bank, FA 10790 Rancho Bernardo oad
San Diego, CA 92127
Fremont Investment & Loan its
Successor and or assigns 175 North Riverview D ive
Anaheim, Ca 92808
Keystone Auto Exchange Sales, Inc 5270 E Trindle Road
Mechanicsburg, Pa 1705
4. Name and address of the last recorded holder of ev ry
mortgage of record:
Name Address
Washington Mutual Bank, FA 10790 Rancho Bernardo R ad
San Diego, CA 92127
Fremont Investment & Loan its
Successor and or assigns 175 North Riverview Drive
Anaheim, Ca 92808
5. Name and address of every other person who has any reco d
interest in or record lien on the property and whose interest m y
be affected by the sale:
Name Address
None
6. Name and address of every other person of who the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenant(s) 15 West Springville oad,
Boiling Springs, PA 7007
Domestic Relations
Commonwealth of Pennsylvania
Armstrong County
Court House Rm 1
500 Market Street
Kittaning, PA 16201
Department of Welfare
P.O. 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 informatio and
belief. I understand that false statements herein are made su ject
to the penalties of 18 Pa.C.S. Section 4904 relating to uns orn
falsification to authorities.
August 16, 2004
DATE
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
L
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate o the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounde and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 1 , 1965, a draft
of said survey being incorporated herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally own as the
Springville Road at the Northwestern corner of land now or formerly of R. Negley, whi h at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence f om said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 d grees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School strict; thence
along said line of land of the South Middleton Township School District, South 74 d grees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of R bert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degree 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 14 .20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame dw ling house,
frame garage and other improvements, known as 15 West Springville Road, Boil' g Springs,
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, Hi Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8117/2000 in Reco Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
WASHINGTON MUTUAL BANK, FA
V.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON P
RONALD L. KUHN AND NUMBER 02 1847
DEBRA A. KUHN
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ronald L. Kuhn and
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
TERM
Your house (real estate) at 15 West Springville Road, Boi ing
Springs, PA 17007, is scheduled to be sold at Sheriff Is Sal on
December 8, 2004 at 10:00 a.m. in the Commissioner's Hearing oom
located on the 2nd Floor of the Cumberland County Courthous , 1
Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the
court judgment of $ 103,825.92 obtained by Washington Mutual B nk,
FA against you.
NOTICE OF.OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take
1. The sale will be canceled if you pay to Washington Mut al
Bank, FA, the back payments, late charges, costs, nd
reasonable attorney's fees due. To find out how much ou
must pay, you may call Terrence J. McCabe, Esquire at
(215) 790-1010.
2. You may be able to stop the sale by filing a petit
asking the Court to strike or open the judgment, if
judgment was improperly entered. You may also ask
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other 1
proceedings.
You may need an attorney to assert your rights. The sooner
contact one, the more chance you will have of stopping the s
(See the following notice 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 w'll be
sold to the highest bidder. You may find out the price id by
calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the s le if
the bid price was grossly inadequate compared to the va ue of
your property.
3. The sale will go through only if the buyer pays the Sh riff
the full amount due on the sale. To find out if thi has
happened, you may call Terrence J. McCabe, Esquire at 215)
790-1010.
4. If the amount due from the buyer is not paid to the She iff,
you will remain the owner of the property as if the sale ever
happened.
5. You have a 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 egal
proceedings to evict you.
6. A schedule of distribution will be filed by the Sheriff on a
date specified by the Sheriff not later than 30 days fter
sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 1,0 days
after the filing of the schedule.
7. You may also have other rights and defenses, or way of
getting your real estate back, if you act immediately a ter
the sale.
YOU SHOULD TARE 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.
LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY
COURT ADMINISTRATOR BAR ASSOCIATION
4TH FLOOR, 2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
CARLISLE, PENNSYLVANIA 17013 (717) 249-3166
(717) 240-6200
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate o;
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounde
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 1
of said survey being incorporated herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally
Springville Road at the Northwestern corner of land now or formerly of R. Negley, wh
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence
at the place of beginning along line of land now or formerly of R. Negley, South 17
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School
along said line of land of the South Middleton Township School District, South 74
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of
thence along line of land now or formerly of the said Robert Trostle, North 17 degr
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 53
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 1
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-half story frame
frame garage and other improvements, known as 15 West Springville Road, 1
Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn,
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/1712000 in R(
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
the north side
and described
1965, a draft
mown as the
h at the Place
nt said stake
grees East, a
strict; thence
grees west a
)bent Trostle;
s 26 minutes
thence along
.20 feet to a
g house,
Springs,
Wife by
! Book
TAX MAP AND PARCEL NUMBER: 28-2100-292
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff 1
From RONALD L. KUHN AND DEBRA A. KUHN,
(l) 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fi
paying any debt to or for the account of the defendant (s) and from delivering any property of the defen
(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
garnishee and is enjoined as above stated.
Amount Due $103,825.92 L.L. $30
Interest FROM 5/25/02 -12/8/04 $15.840.96 AT 1 7107 PER DIEM
Atty's Comm % Due Prothy $1.00
Arty Paid $125.45 Other Costs
Plaintiff Paid
Date: AUGUST 31, 2004
CURTIS R. LONG
Prothono ary
(Seal)
Deputy
REQUESTING PARTY:
Name TERRANCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
Real Estate Sale #35
On September 01, 2004 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA
Known and numbered as 15 West Springville Road,
Boiling Springs, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: September 01, 2004 By: ?
Real Esta Deputy
C_a
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
OCTOBER 8, 15, 22, 2004
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 35
Writ No. 2002-1847 Civil
Washington Mutual Bank, FA
vs.
Ronald L. Kuhn and
Debra A. Kuhn
Atty.: Terrence McCabe
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land
with the improvements thereon erect-
ed situate on the north side of Spring-
ville in South Middleton Township,
Cumberland County, Pennsylvania,
bounded and described in accor-
dance with survey made by Thomas
Alvin Neff, Registered Surveyor, on
June 12, 1965, a draft of said sur-
vey being incorporated herein by
reference, as follows:
BEGINNING at a stake on the
Southern line of Township Road No.
537 locally known as the Springville
Road at the Northwestern corner of
land now or formerly of R. Negley,
which at the Place of beginning is
Lisa Marie Coyn Editor
SW RN TO AND SUBSCRIBED before me this
22 day of OCTOBER 2004
NOTARTAL SEAL
LOIS E. SNYDER, Notary Public
Ca iisle Boro, Cumberland County
My Commission Expires March 5, 2005
687.8 feet West of the centerline of
Legislative Route No. 21008; thence
from said stake at the place of be-
ginning along line of land now or
formerly of R. Negley, South 17 de-
grees East, a distance of 211.2 feet
to an iron pipe in line of land South
Middleton Township School District;
thence along said line of land of the
South Middleton Township School
District, South 74 degrees west a
distance of 138.60 feet of a stake
at the Southeastern corner of land
now or formerly of Robert T rostle;
thence along line of land now or for-
merly of the said Robert Trostle,
North 17 degrees 26 minutes West,
a distance of 211.20 feet to a stake
on the Southern line of Township
Road No. 537; thence along the
Southern line of Township Road No.
537, North 74 degrees East, a dis-
tance of 140.20 feet to a stake, the
place of beginning.
CONTEMNING .676 acres and hav-
ing thereon erected a two and one-
half story frame dwelling house,
frame garage and other improve-
ments, known as 15 West Springville
Road, Bolling Springs, Pennsylvania.
TITLE TO SAID PREMISES IS
VESTED IN Ronald L. Kuhn and
Debra A. Kuhn, His Wife by Deed
from Geneva B. Politzer, Single
_t dated 8/10/2000 and recorded 8/
17/2000 in Record Book 227, Page
503.
BEING known as 15 West Spring-
ville Road, Boiling Springs, PA 17007.
TAX MAP AND PARCEL NUM-
BER: 28-2100-292.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 02-1847 Civil Term
Washington Mutual Bank, FA
V.
Ronald L. Kuhn
Debra A. Kuhn
AMOUNT DUE: $103,825.92
INTEREST:$26,697.48 from 5/25/02 - 9/6/06 at
$17.07 Per Diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant
to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon
the following described property of the defendant(s)
15 West Springville Road Boiling Springs PA 17007
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above,
directing attachment against the above-named gamishee(s) for the following property (if real estate, supply six
copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate ofthe defendant(s)
described in the attached exhibit.
DATE: d
Signature:
?r„ M ?l
Print Name: TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 16496
i ?
7L
4
Q CCUt C ?` G r
p
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_ X-
_
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
Ronald Lee Kuhn
f/d/b/a Ron! G. Trucking
Debra Ann Kuhn
/flk/a Debra Sheaffer
Debtor(s)
CHAPTER 13
CASE NO.: 1-03-bk-03371
ORDER DISMISSING CASE
Upon consideration of the Certificate of Default filed by the Trustee, and it having
been determined that this case should be dismissed, it is
ORDERED that the case of the above-named debtor(s) be and it hereby is
dismissed and it is further
ORDERED that the trustee hereby is discharged from further responsibility in this
case, and it is further
ORDERED that all pending adversary proceedings in this case be and they hereby
are dismissed, and it is further
ORDERED that any outstanding fees are immediately due and payable to the U.S.
Bankruptcy Court.
Dated: April 10, 2006
By the Court,
71) 14.1- w.
Bttft Jptl
This electronic order is signed rind flied tin the same date.
MDPA.DISM682,WPT REV &8!
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1847 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,825.92
L.L.
Interest $26,697.48 FROM 5/25/02 - 9/6/06 AT $17.07 PER DIEM
Atty's Comm % Due Prothy $1.00
Arty Paid $414.67
Plaintiff Paid
Date: APRIL 28, 2006
Other Costs
AIS 5001%
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Washington Mutual Bank, FA
V.
Ronald L. Kuhn and Debra A. Kuhn
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 02-1847
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was filed the following information concerning
the real property located at: 15 West Springville Rd., Boiling Springs, PA 17007 (Tax Parcel
#28-2100-292), a copy of the description of said property is attached hereto and marked as
Exhibit "A."
Name and address of Owners or Reputed Owners:
2.
Name
Ronald L. Kuhn
Debra A. Kuhn
Address
15 West Springville Road
Boiling Springs, PA 17007
15 West Springville Road
Boiling Springs, PA 17007
Name and address of Defendants in the judgment:
Name
Ronald L. Kuhn
Debra A. Kuhn
Address
15 West Springville Road
Boiling Springs, PA 17007
15 West Springville Road
Boiling Springs, PA 17007
3
4.
5.
6.
7
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name
Keystone Auto Exchange
Sales, Inc.
Plaintiff herein
Address
5270 E. Trindle Road
Mechanicsburg, PA 17055
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
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
Tenants 15 West Springville Rd., Boiling Springs,
PA 17007
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania 1400 Spring Garden Street
Inheritance Tax Office Philadelphia, PA 19130
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Division Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
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. Section 4904 relating to unworn falsification to authorities.
April 27, 2006 /
DATE TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
a
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McCABE, WEISBERG AND CONWAY, P.C.
BY. TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Washington Mutual Bank, FA
Cumberland County
Court of Common Pleas
VS.
Ronald L. Kuhn
Debra A. Kuhn
Number 02-1847
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ronald L. Kuhn
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
Your house (real estate) at 15 West Springville Road, Boiling Springs, PA 17007 (Tax Parcel
#28-2100-292), is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $103,825.92
obtained by Washington Mutual Bank, FA against you.
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:
The sale will be canceled if you pay to Washington Mutual Bank, FA, the back
payments, late charges, costs, and reasonable attorney's fees due. To find out how
much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
Y 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 Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale.
To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
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 a 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within 10 days after the filing of the schedule.
You may also have other rights and defenses, or ways of getting your real estate 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 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
LAWYER REFERRAL SERVICE OR CUMBERLAND
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the north side
of Springville in South Middleton Township, Cumberland County, Pennsylvania, bounded and described
in accordance with survey made by Thomas Alvin Neff, Registered Surveyor, on June 12, 1965, a draft
of said survey being incorporated herein by reference, as follows:
BEGINNING at a stake on the Southern line of Township Road No. 537 locally known as the
Springville Road at the Northwestern comer of land now or formerly of R. Negley, which at the Place
of beginning is 687.8 feet West of the centerline of Legislative Route No. 21008; thence from said stake
at the place of beginning along line of land now or formerly of R. Negley, South 17 degrees East, a
distance of 211.2 feet to an iron pipe in line of land South Middleton Township School District; thence
along said line of land of the South Middleton Township School District, South 74 degrees west a
distance of 138.60 feet of a stake at the Southeastern comer of land now or formerly of Robert Trostle;
thence along line of land now or formerly of the said Robert Trostle, North 17 degrees 26 minutes
West, a distance of 211.20 feet to a stake on the Southern line of Township Road No. 537; thence along
the Southern line of Township Road No. 537, North 74 degrees East, a distance of 140.20 feet to a
stake, the place of beginning.
CONTAINING .676 acres and having thereon erected a two and one-,half story frame dwelling house,
frame garage and other improvements, known as 15 West Springville Road, Boiling Springs,
Pennsylvania.
;.
TITLE TO SAID PREMISES IS VESTED IN Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 8/10/2000 and recorded 8/17/2000 in Record Book
227, Page 503.
BEING known as 15 West Springville Road, Boiling Springs, PA
17007
TAX MAP AND PARCEL NUMBER: 28-2100-292
IV
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Washington Mutual Bank, FA
Cumberland County
Court of Common Pleas
vs.
Ronald L. Kuhn
Debra A. Kuhn
Number 02-1847
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify
that on the 29`h day of June 2006, a true and correct copy of the Notice of Sheriffs Sale of Real
Property was served on all pertinent lienholder(s) asset forth in the Affidavit Pursuant to 3129 which
is attached hereto as Exhibit "A".
Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and
marked as Exhibit "B."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 29TH DAY OF
JUNE, 2006.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Chnssandra Shaye Hamilton, Notary Public
City of Philadelphia, Phila. County
My Commission Ex ires January 4, 2009
TE NCE J. McCABE, ESQUIRE
Attorney for Plaintiff
NOTARY PUBLIC
McCABE, WEISBERG AND CONWAY. P.C. -'
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Washington Mutual Bank, FA
V.
Ronald L. Kuhn and Debra A. Kuhn
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 02-1847
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was`filed the following information concerning
the real property located at: 15 West Springville Rd., Boiling Springs, PA 17007 (Tax Parcel
#28-2100-292), a copy of the description of said property is attached hereto and marked as
Exhibit "A."
1. Name and address of Owners or Reputed Owners: Exhibit "A
Name
Ronald L. Kuhn
Address
15 West Springville Road
Boiling Springs, PA 17007
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
2. Name and address of Defendants in ejudgment:
Name Address
Ronald L. Kuhn 15 West Springville Road
Boiling Springs, PA 17007
Debra A. Kuhn 15 West Springville Road
Boiling Springs, PA 17007
3
4.
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name
Address
Keystone Auto Exchange 5270 E. Trindle Road
Sales, Inc. Mechanicsburg, PA 17055
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Address
;,
Plaintiff herein.
5. Name and address of every other person who has any record lien on the property:
Name
None
Address
6. Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name Atl?ress Exhibit A
None
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name Address
Tenants 15 West Springville Rd., Boiling Springs,
PA 17007
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania ' 1400 Spring Garden Street
Inheritance Tax Office , kl hiladelphia, PA 19130
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Division Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
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. Section 4904 relating to unsworn falsification to authorities.
i
June 29, 2006 1?2
DATE TERREi CE J. McCABE, ESQUIRE
Attorney for Plaintiff
Exhibit "A"
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Washington Mutual Bank, FA
Cumberland County
Court of Common Pleas
V5.
Ronald L. Kuhn
Debra A. Kuhn
Number 02-1847
DATE: June 29, 2006
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Ronald L. Kuhn and Debra A. Kuhn
PROPERTY: 15 West Springville Road, Boiling Springs, PA 17007
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriff s Sale on September 6, 2006,
at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland
County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that
you may hold a mortgage or judgments and liens op, 2tid/or other interests in the property which will
be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than
30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are
filed thereto within 10 days after the filing of the schedule.
Exhibit "B"
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Washington Mutual Bank, FA
Cumberland County
Court of Common Pleas
VS.
Ronald L. Kuhn
Debra A. Kuhn
Number 02-1847
SUPPLEMENTAL AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby
certify that on the 24`s day of July 2006, a true and correct copy of the Notice of Sheriff s Sale of
Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to
3129 which is attached hereto as Exhibit "A".
Copies of the letter and certificate of mailing are also attached hereto, made a part hereof
and marked as Exhibit "B."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24TH DAY OF
JU,1,Y, 2006. n
ARY PUBLIC
COMMONWEALTH OF PENN8YLVANIA
NOTARIAL SEAL
FCtmssandra Shaye Hamilton, Notary Public
City of Philadelphia, Phila. County 9
My Cornrris6ion Expires January 4, 200
?--FvtA
TERRENCE J. McC E, ESQUIRE
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Washington Mutual Bank, FA
Plaintiff
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
V.
Ronald L. Kuhn and Debra A. Kuhn
Defendants
Number 02-1847
Exhibit "A"
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was filed the following information concerning
the real property located at: 15 West Springvilia Rd., Boiling Springs, PA 17007, a copy of the
description of said property is attached hereto and marked as Exhibit "A."
1. Name and address of Owners or Reputed Owners:
Name
Ronald L. Kuhn
Address
15 West Springville Road
Boiling Springs, PA 17007
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
2. Name and address of Defendants in the judgment:
Name Address
3
4.
5
Ronald L. Kuhn
Debra A. Kuhn
15 West Springville Road
Boiling Springs, PA 17007
15 West Springville Road
Boiling Springs, PA 17007
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Keystone Auto Exchange 5270 E. Trindle Road
Sales, Inc. Mechanicsburg, PA 17055
Plaintiff herein
Commonwealth of Department of Revenue Bureau CO
Pennsylvania Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
6. Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name Address
None E x hi " '
bit A
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
Tenants
Address
15 West Springville Rd.,
Boiling Springs, PA 17007
Domestic Relations
Cumberland County
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
P.O. Box 320
Carlisle, PA 17013
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Division Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Internal Revenue Service
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
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. Section 4904 relating to unswom falsification to authorities.
July 24, 2006
DATE
YTX?
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
Exhibit "A"
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Washington Mutual Bank, FA
Cumberland County
Court of Common Pleas
VS.
Ronald L. Kuhn
Debra A. Kuhn
Number 02-1847
DATE: July 24, 2006
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Ronald L. Kuhn and Debra A. Kuhn
PROPERTY: 15 West Springville Road, Boiling Springs, PA 17007
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 6,
2006, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our
records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in
the property which will be extinguished by the sale. You may wish to attend the sale to protect
your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
Exhibit "B"
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MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Washington Mutual Bank, FA
Cumberland County
Court of Common Pleas
VS.
Ronald L. Kuhn
Debra A. Kuhn
Number 02-1847
PRAECIPE TO MARK JUDGMENT AND WRIT OF EXECUTION TO USE PLAINTIFF
TO THE PROTHONOTARY:
Kindly mark Judgment and Writ of Execution to WM Specialty
Mortgage, LLC., Use Plaintiff.
QA
TE NCE J. MCCABE, ESQUIRE
Attorney for Plaintiff
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 WM Specialty Mtg LLC is the grantee the same having been sold to said
grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 28th
day of April, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2002
Number 1847, at the suit of Washington Mutual Bank N A against Ronald L Kuhn & Debra A is duly
recorded in Deed Book No. 277, Page 696.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
/'9-e?
A.D. aQD l?
of Deeds
Fi`a=* of QnWdKW County. Cafte. PA
* ftffft" boa wa FM Monday of Am 2010
Washington Mutual Bank, FA
VS
Ronald L. Kuhn and Debra A. Kuhn
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1847 Civil Term
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states
that on July 18, 2006 at 5:46 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendants, to wit: Ronald L. Kuhn and Debra A. Kuhn, by making known
unto Ronald L. Kuhn, personally, husband of Debra A. Kuhn, at 15 West Springsville
Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and correct copy of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on June 23, 2006 at 10:36 o'clock A.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Ronald L. Kuhn and Debra A. Kuhn located at 15 West Springsville Road,
Boiling Springs, Pennsylvania, 17007 according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Ronald L. Kuhn and Debra A. Kuhn, by regular mail to their last
known address of 15 West Springville Road, Boiling Springs, PA 17007. These letters
were mailed under the date of July 26, 2006 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 6, 2006 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Terrence McCabe for WM Specialty Mortgage, LLC. It
being the highest bid and best price received for the same, WM Specialty Mortgage, LLC
of 2380 Performance Drive, Mail Stop # RGV-C2-48, Richardson, TX 75082, being the
buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,034.82.
Sheriffs Costs:
Docketing $30.00
Poundage 20.29
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Prothonotary 1.00
Mileage 21.12
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff s Deed
15.00
30.00
425.00
338.60
19.31
25.00
39.50
$1,034.82 ? /?/d9/b
So Answers:
R. Thomas Kline, Shenff
BY? '
Real Estat ergeant
3? .w
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Washington Mutual Bank, FA
V.
Ronald L. Kuhn and Debra A. Kuhn
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 02-1847
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was filed the following information concerning
the real property located at: 15 West Springville Rd., Boiling Springs, PA 17007 (Tax Parcel
#28-2100-292), a copy of the description of said property is attached hereto and marked as
Exhibit "A."
Name and address of Owners or Reputed Owners:
Name
Ronald L. Kuhn
Debra A. Kuhn
Address
15 West Springville Road
Boiling Springs, PA 17007
15 West Springville Road
Boiling Springs, PA 17007
2. Name and address of Defendants in the judgment:
Name
Ronald L. Kuhn
Debra A. Kuhn
Address
15 West Springville Road
Boiling Springs, PA 17007
15 West Springville Road
Boiling Springs, PA 17007
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1.
2.
3
4
6.
7
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 Terrence J. McCabe, Esquire at (215) 790-1010.
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.
The sale will go through only if the buyer pays the Sheriff the full amount due on the sale.
To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
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.
You have a 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.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within 10 days after the filing of the schedule.
You may also have other rights and defenses, or ways of getting your real estate 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 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.
LAWYER REFERRAL SERVICE OR CUMBERLAND
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
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. Section 4904 relating to unswom falsification to authorities.
April 27, 2006
TERRENCE J. cCABE, ESQUIRE
DATE
Attorney for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
r .w
COMMONWEALTH OF PENNSYLVANIA) NO 02-1847 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff (s)
From RONALD L. KUHN AND DEBRA A. KUHN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,825.92 L.L.
Interest $26,697.48 FROM 5/25/02 - 9/6/06 AT $17.07 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $414.67 Other Costs
Plaintiff Paid
Date: APRIL 28, 2006
(Seal)
URTIS . LONG
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
Real Estate Sale # 35
On May 22, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA
Known and numbered as 15 W. Springville Road,
Boiling Springs, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 22, 2006 By: r ? ??vuJlJ?v
Real E to Sergeant
11 E :b V S - A vpl 9001
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
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the 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 in the 19th and 26th day(s) of July and the
2nd day(s) of August 2006. 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 Sworn to and subscb a ore me this 1 YLVANIA
SALE #35 Notarial Seal '
Terry L. Russell, Notary Public
REAL ESTATE SALE NO. 35 City Of Harrisburg, Dauphin Court
Writ No. 2002-1847 Civil Term M mmis ? Expires June 6, 20101
Washington Mutual Bank, FA /
vs Oy Me er, Pen 2nie .?ss?c r.t on caf Notaries
Ronald L Kuhn hand Debra A. /
Atty: Terrence McCabe
N ARY PUBLIC
DESCRIPTION
ALL THAT M TAIN tract of land with the
improvements thereon erected situate on the north
side of Springville in South Middleton Township,
Cumberland County Pennsylvania, bounded and
described in accoidance with survey made by
Thomas Alvin Neff, Registered Surveyor, on June
12, 1965, a draft of said survey being incorporated
herein by reference, as follows:
BEGINNING at a stake on the Southern line of
Township Road No. 537 locally known as the
Springville Road at the Northwestern corner of
land now or formerly of R. Negley, which at the
Place of beginning is 687.8 feet West of the
centerline of Legislative Route No. 21008; thence
from said stake at the place of beginning along
line of land now or formerly of R. Negley, South
17 degrees East, a distance of 211.2 feet to an iron
pipe in fine of land South Middleton Township
School District; thence along said line of land of
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
the South Middleton Township School District,
South 74 degrees west a distance of 138.60 feet of
a stake at the Southeastern comer of land now or
formerly of Robert Trostle, thence along line of
land now or formerly of the said Robert Trostle,
North 17 degrees 26 minutes West, a distance of
211.20 feet to a stake on the Southern line of
Township Road No. 537; thence along the
Southern line of Township Road No. 537, North
74 degrees East, a distance of 140.20 feet to a
stake, the place of h, ginning.
CONTAINING .676 acres and having thereon
erected a two and one-half story frame dwelling
house, frame garage and other improvements,
known as 15 West Springville Road, Boiling
Springs, Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN
Ronald L. Kuhn and Debra A. Kuhn, His Wife by
Deed from Geneva B. Politzer, Single dated 81101
2000 and recorded 8/17/2000 in Record Book 227,
Page 503. Being known as 15 West Springville
Road, Boiling Springs, PA 17007
TAX MAP AND PARCEL NUMBER: 28-
2100-292
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 21, July 28, and August 4, 2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 35
Writ No. 2002-1847 Civil
Washington Mutual Bank, FA
vs.
Ronald L. Kuhn and
Debra A. Kuhn
Atty.: Terrence McCabe
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land
with the improvements thereon
erected situate on the north side of
Springville in South Middleton Town-
ship, Cumberland County, Pennsyl-
vania, bounded and described in
accordance with survey made by
Thomas Alvin Neff, Registered Sur-
veyor, on June 12, 1965, a draft of
said survey being incorporated
herein by reference, as follows:
BEGINNING at a stake on the
Southern line of Township Road No.
537 locally known as the Springville
Road at the Northwestern corner of
land now or formerly of R. Negley,
which at the Place of beginning is
687.8 feet West of the centerline of
Legislative Route No. 21008, thence
Ctis'Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
4 day of August, 2006
NOTARIAL SEAL
I.OIS E. SNYDER, Notary Public
C _to le Boro, Cumberland County
x , i-,cfrmission Expires Ka ch a, 2008
from said stake at the place of be-
ginning along line of land now or
formerly of R. Negley, South 17 de-
grees East, a distance of 211.2 feet
to an iron pipe in line of land South
Middleton Township School District;
thence along said line of land of the
South Middleton Township School
District, South 74 degrees west a
distance of 138.60 feet of a stake
at the Southeastern comer of land
now or formerly of Robert Trostle;
thence along line of land now or for-
merly of the said Robert Trostle,
North 17 degrees 26 minutes West,
a distance of 211.20 feet to a stake
on the Southern line of Township
Road No. 537; thence along the
Southern line of Township Road No.
537, North 74 degrees East, a dis-
tance of 140.20 feet to a stake, the
place of beginning.
CONTAINING .676 acres and
having thereon erected a two and
one-half story frame dwelling house,
frame garage and other improve-
ments, known as 15 West Springville
Road, Boiling Springs, Pennsylva-
nia.
TITLE TO SAID PREMISES IS
VESTED IN Ronald L. Kuhn and
Debra A. Kuhn, His Wife by Deed
from Geneva B. Politzer, Single
dated 8/10/2000 and recorded 8/
17/2000 in Record Book 227, Page
503.
BEING known as 15 West
Springville Road, Boiling Springs, PA
17007.
TAX MAP AND PARCEL NUM-
BER: 28-2100-292.
McCABE, WEISBERG & CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Washington Mutual Bank, F.A.
VS.
Ronald L. Kuhn and Debra A. Kuhn
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 02-1847
ASSIGNMENT OF BID AT SHERIFF'S SALE
Washington Mutual Bank, F.A., was the successful bidder at the Sheriff s Sale conducted
by the Sheriff of Cumberland County on the 6"' day of September, 2006.
Washington Mutual Bank, F.A., hereby assigns its bid for $1.00 and other valuable
consideration to WM Speciality Mortgage, LLC, without recourse for the property known as 15 West
Springville Rd., Boiling Springs, PA 17007.
McCABE, WEISBERG & CONWAY, P. C.
BY.,? 4?? -E' ,lam '
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
DATE: