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HomeMy WebLinkAbout09-8160FOX AND FOX BY: CRAIG H. FOX Identification No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 V. RUSSELL E. BURNHISEL 124 2ND Street Enola, PA 17025 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. oq - SILDo 0,- NOTICE TO DEFEND 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 an 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm may be deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. FOX AND FOX /s/ Craig H. Fox, Esquire 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 G:\AMER-GEN\LARGE\9400.35 M.CMP.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. #49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 No. RUSSELL E. BURNHISEL 124 2ND Street Enola, PA 17025 . CIVIL ACTION COMPLAINT - MORTGAGE FORECLOSURE Plaintiff, AMERICAN GENERAL FINANCIAL SERVICES, INC., by its attorneys and complains against the defendant, RUSSELL E. BURNHISEL, upon the following causes of action: 1. Plaintiff, American General Financial Services, Inc., ("AGF") is an institution doing business in the Commonwealth of Pennsylvania with a place of business located at 125 Gateway Drive, Suite 109, Mechanicsburg, PA 17055. 2. Defendant, RUSSELL E. BURNHISEL, is an adult individual who resides at the address above in the caption of this pleading and is the real owner and/or mortgagor and/or both of the mortgaged property hereinafter described. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate. 3. On June 20, 2007, Defendant executed and delivered a mortgage upon the premises hereinafter described to Equity One, Incorporated which mortgage was recorded in the office of the Recorder of Deeds of Cumberland County in Book 1997 page 1221 on June 26, 2007. The Mortgage was security for a loan from Equity One to Defendant, which loan was evidenced by a Promissory Note of the same date. This loan was assigned to American General Financial Services, Inc. by Assignment, recorded in the Recorder of Deeds of Cumberland County at Instrument #200807009. True and correct copies of the Note, Mortgage and Assignment are attached hereto collectively and incorporated herein as Exhibit "A". 4. The land subject to the mortgage is all that certain tract or parcel of land situated in the County of Cumberland, Commonwealth of Pennsylvania, more particularly described in the attached Mortgage Agreement and in the Deed recorded in the Cumberland County Office for the Recording of Deeds in Book Vol. 269 at page 3850, and otherwise known as 124 2ND Street, Cumberland County, Enola, PA 17025. A copy of the Deed and\or legal description is attached hereto as Exhibit "B" and incorporated herein by reference. The Mortgage and/or Assignment(s) of mortgage and/or Deed are a matter of public record and are incorporated herein as provided by Pa. R.C.P. 1019(8). 5. The mortgage is in default because the defendant has failed and refused to make the mortgage payments. 6. A Notice of default, intent to foreclose and of possible eligibility for the Emergency Mortgage Assistance Program was sent to the defendant at her address on June 5, 2009. Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclosure. True and correct copies of the Notices are attached hereto, incorporated herein and designated as Exhibit "C". 7. Defendant has failed to cure the default as requested. Accordingly, and pursuant to the provisions of the Mortgage Agreement, plaintiff declares all sums secured by the mortgage immediately due and payable and requests judgment in the amount of the accelerated balance, together with the expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, costs and interest, in the following amounts: Outstanding Principal: $13,661.99 Accrued but unpaid interest as of November 9, 2009 $ 1,104.18 Late charges $ 75.74 Other costs Anticipated Title search: $ 500.00 Prothonotary fee: $ 78.50 Sheriff costs: $ 100.00 Anticipated Sheriff Sale filing fee: $ 1,500.00 Reasonable Attorney's Fees $ 5,000.00 TOTAL $22,020.41 8. 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 this sale, reasonable attorney's fees will be charged based on work actually performed. 9. Interest from November 10, 2009 through date of full repayment of the debt accrues at the rate of $4.56 per day. Late charges also accrue as set forth in the Loan Documents. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $22,020.41 together with additional attorney's fees, if any, hereinafter incurred in excess of that claimed above, costs, interest and late charges at the contract rate and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage, and for the foreclosure and sale of the mortgaged Property. 009-10-28 14:12 AGFS 1509 Mech ROBERT P. ZIEGLER RECORDER bF DEEDS CUMBERLAND COUNTY I COVATHOUSE SQUARE I?ARLIS'LE, PA 17013 X17-2406370 Instrument Number - 200807009 Recorded On 311.0/2008 At 10:33:24 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -15472 User ID - MSW * Mortftor - EQUI'T'Y ONE INC * M'DdMce - AMIRICAN GENERAL FIN SER INC * Customer - NATIONWIDE * FIBS STATE IMIT TALC $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING TEES - $11.50 RECORDER OF DEEDS COUNTY Astcar BS FEE $2.00 ROD ARCRnM!3 FEE $3.00 TOTAL PAID $27.00 717-697-2648 >> 610 275 2866 P 16/18 * Totai pages - 3 Certifications Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER 0 D DS ' - Inbrmation demoted by an asterisk may change during lb! verification process and in„y not be renected on this pep. ni00iunn? EXHIBIT "A" 2009-1C-28??Usi AGFS 1509 Mech 717-697-2648 >> 610 275 2866 ?GgERT P. ZIEGLER i,ORDER-OF DEEDS XW 28 PCB 12 11 Return To: Equity One, Incorporated RR 1700-6 Tannersville, PA 18372 Parcel Number: MORTGAGE THIS MORTGAGE is made this 20th day of June 2007 Mortgagor, Russell E Bumhisel between the (herein "Borrower"), and the Mortgagee, Equity One, Incorporated a corporation organized and existing under the laws of Pennsylvania whose address is RR 170", Tannersville, PA 18372 (herein"Lender"), WHEREAS, Borrower is indebted to Lender in the principal suit, of u.3, $ 14,980.02 which indebtedness is evidenced by Bonrowee's note dated Ot3/20/2007 and renewals thoreof (herein "Note"), providing for monthly installments of principal and interest, ith the extensions balance of the indebtedness, if not sooner paid, due and payable on t>/z5/2o17 TO SECURE to Lender the repayment of the indebtedness evidenced by the Notc, with interest thereon; the payment of all other stuns, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does herebGmob? grant and co ey to Lender the following described property located in the County of State of Pennsylvania: All that certain property situated in the Township of East Pennsboro in the County of Cumberland and COmmpnwealth of Pennsylvania, being more fully described in a deed dated 6/30/2005 and recorded 7/6/2005, among the land records of the County and State set forth which has the address of 124 2nd Street [Sheet] Enola (City] Pennsylvania 17025 (Zip Code) (herein "Property Address,% PENNSYLVANIA VECOND MORTGAGE Page 1 016 Form 309 PQ1-2NDM'MPA 9/03 P 8/18 2009-10-28 14:12 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 P 9/18 TOGETHER with all the improvements now or hereafter erected on the prop", and all easements, ri0ts? appurtc,wmas and rants, all of which shall be deemed to be and remain a pan of the property coveted by this Mortgage; and all of Ilso foregoing, together with said property (or the Ieasehold estate if this Mortgage is on a leasehold) an, hereinafter rcfcarod to as tho "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property, and that the Property is unoncumborod, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. principal of the Note. UNIFO M COVENANTS. Borrower and Lander covenant and agree as follows: I. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness eaidenood by the Note and late charges as provided in the Note. 2. Fonds for Taxes and Insurance. Subject to applicable law or a written waiver by Ltnrdcr, Borrower shall pay to Lender an the day monthly payments of principal and interest we payable under the Note, until the Note:h•.. ... full, it attn.(harem aFunds") to one-twelft of the yearly •.. . ..._.? r.n .....:..,: ,.. ,... ,.. ;;.. _ (a!!CA fad •,?,•?aft,AOfltAmealts (including gitodi6ilttdldp?tt`'io'LiU?t mleipioweosl?. "."Itfoe(de„•.i?,?iep; `?i;?u(br;'..::... ??s:Wb and ground rents on the Property, if any, plus otic-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium instalitoemts for mortgage Insurance, if any, all as reasonably esUmsted initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates dvxcof Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender the Funds shall be hold in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the funds to pay said taxes, assessments, insurance premium and ground rents. Leander may not charge for .-;o holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lander to make such a charge. Borrower and Lander may agree in writing at the time of execution of this Mortgage that intorost on the funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amou t of the Funds held by Lender, together with the future monthly installments of Fonds payable prior lit the due dates of taxes, assessments, insurance ptamittms and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly rapid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to nuke up the deficiency in one or more payments as Lender may require. 'Upon Payment id-hill of all sums se cUW by this 1ldortgage,.Ldndes<•spall promptly refrmd to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lander, any Funds held by Lender at the time of application ae a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to httcrcst payable on the Note, and than to the PENNSYLVANIA S¢COND MORTGAGE Pop 2 of 6 Form 3139 EQI-2NDMTG-PA 9103 ° ?37T 'f 2-272 2-009-1-0-28 14:12 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 P 10/18 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lion which has priority over thin Mortgage, including Borrower's covenants to make payments when duo. Borrower shall pay or cause to be paid all taxes, assessments and other cbargw, tines and impositions attributable to the Property which may attain a priority over this Mortgage, and loasebold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvcmonts now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage", and such other hazards as Londer may require and in such amounts and for such periods as lender may require. The insurance carrier providing the insunum shall be chosen by Borrower subject to approval by Leander, provideyi, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lander and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thertoE subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this mortgage. In the eventof lore, Borro-ye}r d?a11 give peompt notice to the i'tnyo?Fo;prri 1 apd Lender. Lender may .,.. tri?-ir• if-.Btifawerr . ..tan'f?`ptttof'tilcliaa?i!!dl?bd??`bS'° ? ?? ?`• :• fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to sottic a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Len,3ces option dither to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Coadomialums; Planned Unit fle•elopments. Borrower shall keep the Property in good repair and shall not commit wane or permit impairment or deterioration of the Property and shall comply with the provisions of any kale if ibis Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development. Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commanded which materially affects Lenders interest in the Property, then bender. at Lender's option, upon notice to Borrower, may make such appearances, disburse such hums, including reasonable attorneys' fees, and take such action as is necessary to protect Lenders interest. If Leruter required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Ltndees wriuen agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, Ahall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be, payable upon notice from Lender to Borrower requcating payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. L Iuspeetlen. Lender may make or.cause to be made-reasonable enttips.it sad iuspccliosts of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, diroct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the stems secured by this Mortgage granted by Lender to any rENNSYLVAPIIA SECOND MORTGAGE Form 3$39 Page 3 of 6 0QI-2NDMT0-PA M3 2009-10-28 14:12 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 P 11/18 successor in biterest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Bonv*ves succomm in interest. Lender shall not be required to commence proceedings against such sucoossor or refuse to extend time for payment or otherwise raodifY amortization of the stuns secured by this Mortgage by reason of my demand made by the original Borrower and Borrowers successors in interest. Any forbearance by Lender in exercising any right or romody hcreunder, or otherwise afforded by applicable law, shall not be a waiver of or prechtde the exorcise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-sigrren. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respoetive successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shell be joint and several. Any Borrower who co-signs this Mortgage, but does not cxcouto the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that gotrow oes interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrowe'a consent and with outae)de?prlO?,tlNt•.:.. y... 1°°i°d'i:• notice to $orn?wcrprovided for in this Mort jle shall be b deliv ?v4:n..vn?rrrurarasrmaaal?; ls) any gag given y Bring it or by mailing such notice by certified mail uddtt seed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified trail to Lenders address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner dosignated herein. 13. Governlrtl Law; Severabllity. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited heroin. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement, Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, material>> or services in connection with improvements made to the property. 16. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lander may, at its option, require Immedfatis.payincist: in fM of all• stm asecured by this Mortgage. Kowevet; thisvptiae-shall not-be exercised by Lender if exercise Is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower tails to pay time sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrowces breach of any covenant or agreement of Borrower PENNSYLVANIA SECOND MORTGAGE Fong 383! Pogo 4of6 L•QI-2NDMTG-PA 9103 0 C1111411. 000SIX77-f 61'1224 2009-10-28 14:12 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 P 12/18 in this Mor WaSc, including the Covenants to pay when due any sums secured by this M?IIe, Lender prior to ecceloration shall give notice w Bet 090 as provided by applicable law specifying, woong other things: (1) the breach; (2) th; action requited to, cure armh breach, (3) a data, not lees than 30 days from the date the notice is mailed to Borrower, by which sutgt breach must be aired; and (4) that &Hum to cum sueb broach on or before the date specified in the notice tray result in accelersdon of the sums scoured by this Mortgage, foreclosure by judicial prooe:ding, and sale of the Property. The notice shall further inform Borrower of the right to ruinstatc atlor acceleration and the right to assert in the foreclosure proceeding the nonexistence of & default or any other defestxe of Borrower to acccleration and foreclosure. If the broach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured Mortgage this to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys` fees, and costs of documentary ovidoncc, abstracts and Utle repomy. IL Borrower's Right to Reinstate, Notwithstanding Leader's acceleration of the sums secured by this Mongage due to Borrower's breach, Borrower shall have the right to have any proceedinp Call s;Rhit 1k10 , begun by Lender to A iskfL's`titro:i :of>:yddrAg at then due under this Mortgage and the Note had no acceleration occurred B :fr.....•. other covenants or agreements of Borrower contained in this Mort ma' ' (`) (b) Oower cures all breaches of any reasonable expenses incurred by Lender in enforcing the covenants and Borrower pays all agreematts ofB d in this end in enforcing Leader's remedies as provided in paragraph 17 hereof, including, a otlimit in this Mortgage attorneys' fees; and (d) Borrower f, uding, but not limited to. reasonable this Mo () takes such action ail Lender may reasonably require to assure that the lien of rtgaSc, Lenders Interest in the Property and Borrowers obligation to pay the suns secured by this Mortgage shall continue unimpaired. Upon such payment and pure by Borrower, this Mortgage and the obligations accurod hereby shall remain !tr full force and effect as if no acceleration had occurred 19. Assigale scat of Rena; ApPolnusent of Receiver, Lender in PosseWcL As additional security hereunder, Bonvwcr hereby assigns to Lender the rents of the Prop" provided acceleration under paragraph 17 hereof or abandonment of the Property, that ?trollec shall, prior s rents as they become due and payable. have the right to collect and retain such Upon acceleration under paragraph 17 hereof or abandonment of the Property agent or by judicially appointed receiver shall be entitled to enter upon, take ' Lender, in person, by Property and to collect the rents of tic Property including those past due. All r posse ents co Jtc?nd mender the receiver shall be applied first to payment of the costs of by Lender or the including, but not limited to, receivor•s fees management of the Properly and collections of rents, then to theu n: secured , premiums on receivers bonds and reaxonoble attorneys' fees, and by this Mortgage. Lender and the receive' shall be liable to account only for those rents actually receiv6i 20. Release. Upon payment of all sums secured by this Mortgage. Leader shall discharge this Mortgage without charge to Borrower, Borrower shall pay all costs of recordation, if any. 21. IAterest Rate Alper Judpueet. entered on the Note or in an action of mortgage Borrower egrCCS that the interest rate payable after a judgment is foreclosure shall be the rate stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage. deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Leader's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. FENNSYLVANIA• SECOND MORTGACE Page S orb Foe 34" EQ1-2NDMTO-PA 9/07 2009-10-28 14:12 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 IN WITIJESS WHEREOF, Borrower has executed and acknowledged receipt of this Mortgage. i Russo E Bumhisel +'ar (Seal) -Borrower (30110 -Borrower State of Pennsylvania County of Dauphin (Sol) -Nomwer (seaq -Borrower (8at) -Bonower On this, the 20 day of June 2007•, before me, Christine M Grives, the undersigned officer, personallyappearerd Russell E Burnhisel known as me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within bistrument sad acknowledged that he/she/they executed the same for the purposes haein contained. IN WITNESS WHEREOF, I hereunto set my fficial seal. Ilia' E?IF1tl?9gailANA . (,1 NAMSeal Ch istine M rives CWN&M M. G&K Notary Public Lower Parson Twp., Clap* County O ar y My 0wrimlWan EVM Dec. 90, 2010 Title of OtlSeer Member, Penneylvanla Assoelalion of Notarles My ceorminion Expires: After Rxording Return To: CERTIFICATE OF RESIDENCE Equity One, Inc RR 1 700-5 Tannersville, PA 18372 t, Thomas Suniek , do hereby comfy that the correct address of the within-narnedLenderis RR 1 700-5, Tannersville PA 18372 Witness my hand this 20 daY of - June 2007 ::22L&ao f ("ot-('{'1 this t;') ?i(° C?`•' , ?s 3uniek - rurteoder in Cumberland Co tri,v "A PENNSYLVANIA SECOND rO E Fort) 311311 r , r Page 6 9r6 G' BQI-1NOMTG-PA 9/03 2, A6.dX-W P 13/18 ;2009-1.0-28 14:112 AGFS 1509 Mech 0 ?1WinskWTC,2100 Alt. h9. Ne;h'.n Harbor, FL 34683 2 I (8*W4152 1 \f 1 , . Return To: r AMERICAN GENERAL FINAI'QCE, INC. CIO NTC :1,100 AIL 19 North Patin Harbor, FL 34683 Loan #: 900506407 Effective: 02n,9M UPI#. 717-697-2648 >> 610 275 2866, ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is baeby acknowledged, the undersigned, EQUITY ONE, INCORPORATED, WHOSE ADDRESS IS 301 LIPPINCOTT DRIVE, MARLTON, NJ Oii'A53, (ASSIGNOR), by these presents does convey, grant, sell, assign, transfer and set over the described mortgage together with the certain note(s) described therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to AMERICAN GENERAL FINANCIAL SERVICES, INC., WHOSE ADDRESS IS RR 1 BOX 705, TANNMWMLE, PA 18372-9090, ITS SUCCESSOR,y OR ASSIGNS, (ASSIGNEE). said mortgage dated 06120/2007 , in the amount of $14,980.02 made by RUSSELL E. BURNHISEL to EQUITY ONE, INCORPORATED recorded on , in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in.Boolt 1997, Page 1221 (or Document No. I Mortgage Premise: 124 2ND STREETrTWP. OF EAST PENNSBORO ENOLA, PA 17025 In Witness whereof, the said Corporation has caused this instrument to be executed in its corporate name by CRYSTAL MOORE its VICE PRESIDENT and authorized signer, THIS 03RD DAY OF MARCH IN THE YEAR 2008 EQUITY ONE, INCORPORATED BY: CRYSTAL 1d 'VICE PRESIDENT SQAGA 8459322 CJ1757790 N4 P 14/18 SQ0744% 3$- 94 ;3? 2009-10-28 14:12 AGFS 1509 Mech Loan Number 9WS06407 4 717-697-2648 >> 610 275 2866 . r P 15/18 STATE OF FLORIDA COUNTY OF PINEL.LAS On 03/0=008, before mc, BRYAN L BLY the Undersigned, Noway Public, personally appoen d CRYSTAL MOORE whu acknowledged to be the VICE PRESIDENT of EQUITY ONE, INCORPORATED a corporation, and that s/he its such, being authorized so to do, executed the foregoing instrument for the purposes therein comaincd, by signing the name of the corporation by themselves as such corporate oPflccrs. IN WITNESS WHEREOF,1: hcrcunto set and and official seal. no, NOWY J,may BRYAN J. Bl_Y Notary 0 't ON My commission expires: 07 011 Assignment of Mortgo from: EQUITY ONI3, INCORPORATED. WEIOSE ADDRESS IS 301 LIPPINCOTT DRIVE, MARLTON. NJ 08053, (ASSIGNOR), to: AMERICAN GENERAL FINANCIAL SERVICES, INC., WHOSE ADDRESS IS RR 1 BOX 705, TANNERSVILLE, PA I8372.9090, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Mortgagor: RUSSELL E. BURNHISEL Wben Recorded Return To: AMERICAN GENERAL FINANCE, INC. C/O NTC 2100 All. 19 North Palm Harbor, FL 34693 All that certain lot or piece of ground situated in Mortgage Premise: 124 2ND STREETITWP. OF BAST PENNSHORO BKOLA, PA 17025 CUMBERLAND (Borough or Township, if stated), Commonwcalth of Pcnnsyivania_ Being more particularly described in said mortgage. I `) . do cert[tq that the address of the above assignee is: AMERICAN GENERAL FINANCIAL S.&RVICES, INC., WHOSE ADDRESS IS RR 1 BOX 705, TANNERSVn _t E, PA 18372-9090. ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE)- *8459322s EQAGA 8459322 CJ1757790 N4 009-10-28 14:12 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 Date. 05W..1007 SECONDARY MORTGAGE LOAN This Agreeatstlt Is Subject To The provisions Of The Steeoudary Mortgage NOTE Lean Act 124 2nd Street [Property Add-] Enola PA 17025 [city) (Store] l4 collet 1. BORROWER'S PROMISE TO PAY In retum ibr a loan that I have received, l promise to pay U.S. S 14,900.02 (Ibis amount will be called "principal,), plus interest, to the order of the Lender. The Lender is Equity One, Incorpomtod 1 understand chat the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder.- 2. INTEREST I will pay itderest at a yearly rate of 12.190 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. S 210.57 I will make my payments on the 251h day of each month beginning on 7125/2007 1 will make these payments every month until I have paid an of the principal and Interest and any other olmllas, described below, thee I may owe under this Note. Il; on 0/20/2017 I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments at RR 1 700-5 , Tannernville, PA 10372 or at a different place it required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUHIED (A) Late Charge For Overdue Psyatelts If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it Is due. I will pay a late charge to the Nano Holder. The amount of the charge will be 5 % of my overdue payment, but not less then U.S. S and not more than U.S_ S I will pay this lato charge only once on any late payment. (B) Del"It if I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be in dcfault. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so If 1 am in default at a later time, (C ) Notice From Note Holder If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at (east 30 days after the data on which the notice is mailed to me or, If it is not mailed, 30 days after the date on which it is delivered to enc. (D)Payment of Note Holder's Costs and Expenses If t}s; Note Holdef has requited me to pay immediately in fun as described above, the Now Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses iaelude, for example, reasonable atuxacys' loos. 5. TMS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, 0812012007 dated protects the Note Holder @om possible losses which might result if 1 do not keep the promises which r make in this Note. That Mortgage deeeribes how and under what conditions 1 may be required to make immediate payment in fun of all smowts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I haiv the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Noto Holder in a (otter that I am doing so. A prepsyment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." 1 may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my pecpaymcnts to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthty payments unless the Note Holier agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been pan of my next one or more monthly payments. BORROWER'S WAIVERS 1 waive my rights to roquiro the Note Holder to do certain things. 't'hose things are: (A) to demand payment of amounts due (known as "presentment'); (B) to give notice that amounts due have not been paid PENNSYLVANIA SECOND MORTGAGE NOTE Fares 3979 Page I oft EQI-2NDNT-PA 9/03 P 17/18 2009-10-28 14:21 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 P 18/18 (known as "notice of dishonor"): (C) to obtain an official oertification of nonpayment (known as a "protest"). Anyone else who egrone to keep the promises made m this Note, or who ageees to make PYMN* to the Note Holder if l fail to keep my promises under this Note, or who sips this Note to transfer it to someone else also waives these rights. Those persons are known as "guarantors, surelies and endorsers." L GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail Adrossed to me at the Property Address She". A notice will be delivered or mailed to me at a different addrtas if l give the Now Holder a notice of my different address. Any arotieo that must be given to the Note Holder under tbis Note will be given by mailing it by certified mail to the Neu Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different a wmas if I am given a notice of that different adilwas. !. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If mov than one person signs this Note, each of us is hilly and personapy obligated to pay the full amount owed sad to keep all of the promises made in this Note. Any guarso1w, surety, or ondorser of this Note (a9 described hi Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be requited to pay all of tho amounts owed tinder this Note. Any ptxson who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made is this Note. Any person who takes over the rights or obligations of & guarantor, surety, or endorsor of this Note (ass described in Section 7 above) is also obligated to keep all of the promises made in this Note. NOTICE TO BORROWER Do not sign this Nark if ft esetdrr blank spaces All spacn should be completed before yon sign (SCSI) mhlsel Borrows -Borrower (S+0 Borroaa -Borrower (S-0 (Seal) -Borrower -Borrower (Sip Origlnai Only) PENNSYLVANIA SECOND MORTGAGIC NOTa 2009-06-05 13:11 AGFS 1509 Mech 717-697-2648 >> 610 275 2866 Repot Number:1908693 Tsum'bit A A mods od bonn& dna*dan with *9 build wd MvemMw *W908 oowd, situated and being in ft Toovnsbip of EW Pormmob"% Col* of C'anbetla* St" of Pooosyl,mn tm un pohodody deeOW io a Deed »dod 716M in Deed Hoot 269 at pop 395% xownbd in 66 Land RW4* of Cumberiaad Coouty, PewsylYaaia Subjed to M maab, ToOdcdaos, and covamb of record, if MY, Parcel Number. 0-17-1044-226 EXHIBIT "B" P 7/18 3009-06-05 l2v4B 27734 013C2 >> A WS 1509 MOcb p 10/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: June 5, 2009 To: Russell E. Burnhisel 1242 nd Street Enola, PA 17025 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL EXHIBIT "C" G \AMER-GENNIS029310 Act 6-91 Letter 090605.DOC PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: RUSSELL E. BURNHISEL 1242 d Street Enola, PA 17025 20481426 Equity One, Incorporated CURRENT LENDER/SERVICER: American General Financial Services, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. U\.AMER-GENWIS029310 Act 6-91 Letter 090605.DOC APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 124 2 STREET, ENOLA, PA 17025 G:\AMER-GEN\MISC\29310 Act 6-91 Letter 090605.DOC IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $216.53 IS DUE FOR APRIL 2009 AND $216.57 IS DUE FOR MAY 2009 AND JUNE 2009 = $649.67 Other charges (explain/itemize): LATE CHARGES IN THE AMOUNT OF $10.82 FOR APRIL AND MAY 2009 = $21.64 TOTAL AMOUNT PAST DUE: $671.31 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $671.31, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: American General Financial Services, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 Attn: George Book, Manager You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon -your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be G:\AMER-GEN1,MISC\29310 Act 6-91 Letter 090605.DOC required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: American General Financial Services, Inc. Address: 125 Gateway Drive Mechanicsburg, PA 17055 Phone Number: (717) 697-6327 Fax Number: (717) 697-2648 Contact Person: George Book, Manager E-Mail Address: N/A EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. G:AAMER-GEN\M1SC\29310 Act 6-91 Letter 090605.DOC YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY - SEE ATTACHED LIST (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). SEE ATTACHED SHEET: Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested #7008 1830 0001 0307 4855 FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 Attn: Craig H. Fox, Esquire (610) 275-7990 (610) 275-2866 fax CC: PHFA-HEMAP (via telefax (877) 207-0205) G:\AMER-GEN\N41SCQ9310 Act 6-91 Letter 090605.DOC You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you. Upon your request directed to this office within thirty days after the receipt of this letter, we will provide you with the name and address of the original creditor, if different from the current creditor. If, within 30 days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not received or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANRUPTCY DISCHARGE. G \AMER-GEN\M[SC\29310 Act 6-91 Letter 090605.DOC HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 uwr??sm7>&s ?rasmcsmev?cE. This CeNfipete of Maa rWw ides eNFrom, Fox and Fox One MontQom 0004 T.: Russell E. Burnh},sel 124 2nd Street Enola AA 17025 • CHF?2g31D PS Form 3817, Apra 2007 PSN 7530-02-000-9065 To pay tee. Wr': ;ramps Ir meter postage here. tr FITNE, ls- NE $ 01.150 JUN 05 2009 ZIP CODE 19401 Postmark Here Pcstcii • Ln / Mil ("?4 Ln cc Rus0LfEF*Q*-A L USE I o m Poatega s C3 Cer ifletl Fee Poslmsrk p Rekrrrr Recept Fee ? .-ilere- O (FtRequired)°,r; C3 (e m Re4tYrod) \J' M $ N Total Postage b Fees cE) r- r C Russell E. Burnhisel ?'> ._ _.•_v `,? M ApW° 124 2nd Street ar PD Box No. ?y?P*?Enola, PA 17025 • V E R I F I C A T I O N The undersigned hereby states that he is a representative of plaintiff in the within captioned action; that I am authorized to make this Verification on its behalf; and that the facts set forth in the foregoing Civil Action Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Date: ?LoQq Name : 6eo.. Title: Q VIE I - C owy 2009 NOV 24 ho°i 9: %3 0 C'SW. "l7i rr i ? +'78 . So PD A` rY Ck,?N $553 R?' a34 osr G:\AMER-GEN\LARGE\9400.35 M.CMP.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. #49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 V. RUSSELL E. BURNHISEL 124 2ND Street Enola, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. Oq - $lloa 0,-%yIt erft ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff in the above captioned matter. FOX AND FOX By: Cr At FILEG`- a-FILE OF THE P' 11 H,", _)TARY 2004 NOV 24 AH 9: 30 i' rv ri ~.~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAb}IA ~ _ri "~ _~ ' CIVIL DIVISION +_~ ` Z ;;~ PRAECIPE FOR WRIT OF EXECUTION ~ `~' 'T' y„ Caption: ^ Confessed Judgment ~ ~ - _ _ American General Financial ~' ^ Other ' ~ -~ r ~ ~ Services, Inc. 09-8160 Civil Term '-` -- File No. ~ v • :Amount Due ~ R ~ ~ ~ Y 1. ~ 1 Russell E. Burnhisel :Interest ~ y S6 ~~A~ ~~-. 11-~~~~ 9 Atty's Comm Costs TO THE PROTHONOTARY OF THE 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. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following descnbed property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 gamishee(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 STY ~-~ Signature: O Print Name: Craig H. Fox, Esquire $d~. oo P Q A~ Address: 706 One Montgomery Plaza 5b . So C'.6F h/8.5p ~~ Norristown, PA 19401 l~'~ ~~ Plaintiff a .SO ~, Attorney for: PD A?l`/ Telephone: (610) 275-7990 I coq. SO ~ 49509 Supreme Court ID No: ~ 02. oo ~e ~.o • so u_ e~~ rolal R~ l,Jr~t .~,sa~..d( r LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North Ol degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ~ duplex G:\AMER-GEN\LARGE\9400-35.SS.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL . SERVICES, INC. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 v. RUSSELL E. BURNHISEL 124 2~ Street . Enola, PA 17025 '.G ~~ .r ~ ` A E ~ .._ ~ ~, ~-~, - ,; Attorney ~ ford ~L~lantiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8160 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1,2 3 AMERICAN GENERAL FINANCCAL SERVICES, INC., plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 124 2nd Street, Cumberland County, Enola, PA 17025 (see property descriptions attached). 1. Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 ~ , 2. Name and address of Defendant in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: a) Cumberland County Tax Claim Bureau (717) 240-6366 a) 1 Courthouse Square Old Courthouse Carlisle, PA 17013 b) Domestic Relations of b) 13 N. Hanover Street Cumberland County P.O. Box 320 (717) 240-6225 Carlisle, PA 17013 c) East Pennsboro Township c) 98 S. Enola Drive (717) 732-0711 Enola, PA 17025 d) East Pennsboro Area d) School District (717) 732-3601 e) East Pennsboro Township e) (sewer & water) 890 Valley Street Enola, PA 17025 98 S. Enola Drive Enola, PA 17025 f) PA Dept. of Public f) Bureau of Child Support Welfare Enforcement P.O. Box 8018 Harrisburg, PA 17105-8018 g) PA Dept. of Revenue h) Debbie Lupold, local tax collector (717) 901-9392 g) The Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 h) i) Capital One Bank USA NA i) c/o 98 S. Enola Drive Enola, PA 17025 15000 Capital One Drive Richmond, VA 23238 4. Name and address of the last recorded holder of every mortgage of record: Name a) Address (if address cannot be reasonably ascertained, please so indicate) American General a) Financial Services, Inc. b) MERS, Inc. b) as nominee for First NLC Financial Services, LLC Dba The Lending Center 125 Gateway Drive Mechanicsburg, PA 18055 P.O. Box 2026 Flint, MI 48501 and 700 W. Hillsboro Blvd. B-1 #204 Deerfield Beach, FL 33441 5. Name and address of every other person who has any record lien on the property: Only those listed in 3 and 4 above. 6. 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 (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. I verify that I am the attorney for the plaintiff, American General Financial Services, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. Date: LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North O1 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ~ duplex FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 -------------------------------- AMERICAN GENERAL FINANCIAL SERVICES, INC. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 v. RUSSELL E. BURNHISEL 124 21''D Street Enola, PA 17025 Attorneys For Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA !~ ^~ ~ ~ ; -> c~ rt No . 09-8160 Civ~~~.`~ Te~h ~~ ~.. :: ~~ i `~~ ~ ,_ ._ ~ _ ~~_ o ;~. .. :~ n~ ACT 91 CERTIFICATION I, Craig H. Fox, Esquire, attorney for plaintiff, American General Financial Services, Inc., being duly sworn according to law, depose and say that to the best of his knowledge, information and belief, a notice of possible eligibility for the emergency mortgage assistance program was sent to the defendant at his address, pursuant to Act 91 of the 1983 on June 5, 2009. Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclo~re under Act 91. CRAIG F " Attorn for Plaintiff Sworn to and subsc~ed before e this a~ day of ~~2010. Notary Public NOTARIAL SEAL LOIS S. FOX, Notary Public Norristown Born, Montgomery County Commission fires M 30, 2013 f FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 -------------------------------- AMERICAN GENERAL FINANCIAL SERVICES, INC. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 v. RUSSELL E. BURNHISEL 124 2~ Street Enola, PA 17025 Attorneys For Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ~> No . 09-8160 Civil t~er~, ~, ~' c: c~ -' ~ c__ • ~ ~' 1 ,__ , .r- '_ 1....J NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~~~' ~;ti. To: RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 Your real estate located at 124 2nd Street, Cumberland County, Enola, PA 17025 (See property description attached) is scheduled to be sold at Sheriff's Sale on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA, to enforce the presently outstanding court judgment of $20,341.91, plus interest at the contract rate and costs, obtained by American General Financial Services, Inc. against you. -- --, r;~__. _ ; , ;- -:` _~ ' ,.; ~. .~ f LEGAI, PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North Ol degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ;~ duplex NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Craig H. Fox, Esquire, 706 One Montgomery Plaza, Norristown, PA 19401. To find out how much you must pay, you may call (610) 275-7990. 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. 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 the Sheriff's Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff's Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990. 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(s) until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by after the sale. This schedule will that money. The money will be paid schedule unless exceptions (reasons distribution is wrong) are filed wit (10) days of the preparation of the the Sheriff on the 30th day state who will be receiving out in accordance with this why the proposed .h the Sheriff within ten schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) L.L.$.50 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES, INC., Plaintiff (s) From RUSSELL E. BURNHISEL (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 properly 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 $20,341.91 Interest from 11/10/09 @ $4.56/day Atty's Comm Atty Paid $169.50 Plaintiff Paid Date: 6/1/10 (Seal) REQUESTING PARTY: Name: CRAIG H. FOX, ESQUIRE Address: FOX AND FOX Due Prothy $2.00 Other Costs avid D. Buell, P thonotary By: NO 09-8160 Civil CIVIL ACTION -LAW Deputy 706 ONE MONTGOMERY PLAZA NORRISTOWN, PA 19401 Attorney for: PLAINTIFF Te I ephone: 610-275-7990 Supreme Court ID No. 49509 G:\AMER-GEN\LARGE\9400-35.SS.DOC Fox AND Fox By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL . SERVICES, INC. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 v. RUSSELL E. BURNHISEL 124 2i1D Street Enola, PA 17025 ~!. '~ '~F: , ,~ Tf ~f . , ,.'~,/ ~~ r ~. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8160 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1,2,3 AMERICAN GENERAL FINANCIAL SERVICES, INC., plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 124 2nd Street, Cumberland County, Enola, PA 17025 (see property descriptions attached). 1. Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 2. Name and address of Defendant in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: a) Cumberland County Tax Claim Bureau (717) 240-6366 a) 1 Courthouse Square Old Courthouse Carlisle, PA 17013 b) Domestic Relations of Cumberland County (717) 240-6225 b) 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013 c) East Pennsboro Township c) 98 S. Enola Drive (717) 732-0711 Enola, PA 17025 d) East Pennsboro Area d) 890 Valley Street School District Enola, PA 17025 (717) 732-3601 e) East Pennsboro Township e) 98 S. Enola Drive (sewer & water) Enola, PA 17025 f) PA Dept. of Public f) Bureau of Child Support Welfare Enforcement P.O. Box 8018 Harrisburg, PA 17105-8018 g) PA Dept. of Revenue g) The Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 h) Debbie Lupold, local tax collector (717) 901-9392 i) J) h) Capital One Bank USA NA i) Pennsylvania State j) Employees Credit Union c/o 98 S. Enola Drive Enola, PA 17025 15000 Capital One Drive Richmond, VA 23238 1 Credit Union Place Harrisburg, PA .17101 4. Name and address of the last recorded holder of every mortgage of record: Name a) Address (if address cannot be reasonably ascertained, please so indicate) American General a) Financial Services, Inc. b) MERS, Inc. b) as nominee for First NLC Financial Services, LLC Dba The Lending Center c) BAC Home Loan Serving c) L.P., fka Countrywide Home Loans Servicing, L.P. 125 Gateway Drive Mechanicsburg, PA 18055 P.O. Box 2026 Flint, MI 48501 and 700 W. Hillsboro Blvd. B-1 #204 Deerfield Beach, FL 33441 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 5. Name and address of every other person who has any record lien on the property: Only those listed in 3 and 4 above. 6. 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 (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. I verify that I am the attorney for the plaintiff, American General Financial Services, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. Date: Cr ig Fox (/ At or y for Pla nti LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North O1 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ~ duplex FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Attorneys For Plaintiff Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 No. 09-8160 Civil Term v. RUSSELL E. BURNHISEL 124 2'''~ Street '"'? ~1 c,~ Enola, PA 17025 -,:,-=. ~ - , } , ~ ~ ~. AFFIDAVIT OF SERVICE ..... ,` ~ - Craig H. Fox, attorney for Plaintiff, American Gene-dal ~Ci Financial Services, Inc., being duly sworn according to ~~w~ states the following: 1. True and correct copies of a Notice of Sheriff's Sale of Real Property with reference to this scheduled Sheriff's Sale were forwarded to the attached parties in interest on June 14, 2010 and August 3, 2010 via regular first class mail, Certificate of Mailing, postage pre-paid. 2. True and correct copies of the Notices are attached hereto as Exhibit "A" and copies of the certificates of mailing are attached hereto collectively as Exhibit "B". 3. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Cr At Sworn to and Subscribed before me this ~ day of 20 0. /~"V , N ary P li tiff FOX AND FOX ATTORNEYS - AT -LAW SUITE 706 LEON H. Fox, JR.° ONE MONTGOMERY PLAZA CRAIG H. Fox°'* AIRY & SWEDE STREETS JEFFREY V. MATTEO° NORRISTOWN PA 19401 PETER H. THOMAS° SCOTT L. H. RUBIN°'° (610)275-7990 JOSEPH B. WASSEL° r FAX (6 101 2 7 5-2 866 BENJAMIN E. WITMER°* PAUL S. BADAME° ~ ADMITTED TO PENNSYLVANIA BAR • ADMITTED TU NEW JERSEY BAq ALSO * ADMITTED TO FLORIDA BAR ALSO ~ LL.M I N TRIAL ADVOCACY x MASTERS IN BUSINESS ADMINISTRATION June 14 , 2 010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S): RUSSELL E. BURNHISEL LEON H. Fox 1901-1982 JAMES P. FOX 1936-I 999 SHIRLEE ANN MILLER ESTATE PARALEGAL PROPERTY: 124 2nd Street, Cumberland County, Enola, PA 17025 (See attached description) IMPROVEMENTS: Single family ~ duplex TAX PARCEL(S): 45-17-1044-226 The above-captioned property is scheduled to be sold on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties 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 thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You should check with the Sheriff's Office, by calling (717) 240-6390, to. determine the actual date and time of the filing of said schedule. Craig H Fo ~ Attor y fo Plaint'ff LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes west 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North O1 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ~ duplex tINITEDSTd •r _ ~~• Certificate Of Mailin This Certificate of Mailing provides evidence that mail has been presented to USPS®for metlin This brm ma~iCe used fw domestic and intem~ational mail. i From: l.raig H. Fox, Esquire •~ To: $ o o u~T~ . Inc n.,,, u ,~S 0 aN +~~ . Norristown, PA t940t .n , -.ar ~- ~ o !~~ Cumberland County Tax N ~, ~~: aim Bureau ~ ~! sour ouse N .r,i S .--~--~ott --~ "' .~7 i s 1 g, PA t 7 O 1~ o~ (~ ~ o O PS i~arm 3(317, April 2007 PSN 7530.02-000.90f5 ~ii; , -i a unrrrfvs~oarFs ~L• Certificate Of Mallir This Certificate of Mailino provides evidence that mail has Deen presented to USPS'~ ter di~ This form maybe used Ibr domestic and intema[ionel med. ~~. l ~ vV Fro^r~ Craig H. Fox, Esquire '~~ FO AND FOX To: MERS, Inc. as nominee for F3 stl,n Tt,o r cn ~elLter 700 W. W. Hillsboro Blvd. B-1 X204 ?S Form 3$17, April 2007 PSN 7530-02-000-9065 i~ l..l-.i _? l c o .- o i~ov i ~N ~, } ~~ O O~ o ~ !fA -' a N rn ~ 0 !1 _~ ~ LL ~ m O _•rri' d ~ W .~.. ~ nun o o ~ ~POS7~L5ERVK~~ C@rtiflCatE This t rtn meyeDe usaedno~ doma~:cvend Inlemdional meilD~n Presented to From: Craig H. Fox, Esquire Te. PA Dept. of Revenue - m--zic~vii Attn• Sheriff Sale SeErion P.O. Box 218230 • Harrisburg, PA 17128-1230 PS 1-ixm 31317, April 2007 PSN 7530-02-000-9065„ ~'+_.:~ ~ ~ ~ `-ti !lM/7EDS0l7'ES _ • Certificate Of Mailin This feftificate NMailing provides evidence 7iat mail hes Deen presented to USP9m for maflin Th:s ham mey De used for domeslrc and intemetbnal me0. From: Craig H. Fox, Esquire PA Dept. of Public Welfa a ~' To: -Suresu~" uppor r ce Harrisburg, PA 17105-8018 PS Form 3E317, AprN 2007 PSN 7530-02-000-9065 `l t-~i.C. s+ 3 o ° „moo°v !~ N m I~~~W ~= V ~~ a o ~p I ~ ~~ a~~ 0 3LMf1 0 0 ~ p o ,- r- o ~~ov !N O z I~°^~ ttF} ~ a N rn ~ oO to ~ M ~ Q~ ~ 0 ~1 O p0 1lNfT~.STdTrES r ~• Certificate Of Mall This Certificffin of Meiling provides evidence that mail has been presented to USPS®for m This :onn maybe used for domestic arM iMemationel mail. From: Craig H. Fox, Esquire "r O To: past Pennsboro township sewer and water) 98 S. Enola Drive Eno1a, PA 17025 PS Form 3$17, April 2007 PSN 7 30-02-000-90~ 7 O ° ~o v !r. N tT e V ~. ~ w ~O~o° ~a~'a m ~ I N O O to ~ M W ~M W V J r n ~°~ ° ~~ w lNW7f,DS7tl7ES ~ ° P~CIbL SERVIiCE• _ Certificate Of Maili ~ ~ N ~ This CertificaRe of Medi ng provides evidence that mail has been presented to USPSm to met This form maybe used for domestic arW iMema[ionel mail. ~ ~ 'cr ~ ~ Frem: Craig H. Fox, Esquire .. ~ ~ ip~ o ~ ~ N ~ is ~' n. Nnrri atntrn ~ PA 19401 T~~~ ~ o ~ ~ LL k` Ta: Domestic Relations of ~, , ~ ~ ~o ~ , ~ o p 5 ~ ~.. ~., 3inun o o ~ ~ 3 N ~ianoser .S'traut Bo x 7 ~ Carlisle, PA 17013 ~~~~~ PS ~orrn 3$17, April 2007 PSN~'7~530-02-000-9065 ~'yLi% ~ ~ lIN17'EDSIbTET ~ O,/~ ° " ~+ ~~• Certificate Of Nlailin N rn ~"' This Certificate of Matling provides. evidence that mall has been presented to USPS® for madir This form may De used for domestic and irdernelfon~ mad. W ~~ t ~~ ~ From: Craig H. Fox, Esquire .;~,~N ~ ~ ~ t7~ ~ ,~ ~ ttR a_ N I _ Nnr?-i atnrtn ~ PA 19401 ,~r~e~ e ~~ tt ~ ,~ t° ~ ~ ~ Te: Capital One Bank USA NA _ ~- ~ ~ V o 0 _ N a 15000 Capital One Drive ~~ ~~' "' '~, Richmond, VA 23238 PS form 31317, April 2007 PSN 7530-02-000-9065 tlNI7>~STd13s ~• Certificate Of ~~,.~ _i Y. f..+; ;~~~~" ,~ ~~.~,1 O o T- 0 ~~o v I rem N Ol •v a ~~ Q ~Q~~ ~~~~tV This Cedificate of Meiling provides evidence that mail has been presented to USP$~I~fipatly ;~, `~ t\' This form ma be used for domestic and idemetionel maY. 4 Fran,: G~raig H. Fox, Esquire ~ l-- -~~- ~ .. Norristown. PA 19401 ~'~ ~. _ Te: Debbie Lupold, Local Tax Collector c o 98 S. Enola Drive Enola, PA 17025 00 \~' rn ~ _~~ LL M ~ a~ ~ 0 31Mr1 0 °o '.mss PS Form 3617, April 2007 PSN 7530-02-000-906 !l1WTEDSIS7E5 _• Certificate Of Mails This Certificate of Meiirg provides evidence that mail hes been presented to USPS® for meI This loan may be used for domestic and idematfonel mail From: Craig H. Fox, Esquire To: MERS, Inc. as nominee F~r~t NLC Financial Services, 1~,(.'\_ p,~n u,,.. ~n~~ Flinty MI 48501 PS Form 3817, AprG 2007 PSN 7530-02-000-9065 ~ C o .- ,A 0 N i~0 V ~• N Q) ~ r a ~• ~ 0 O=V I N' op to ~ M r [t NO Q tl o o ~ O ° fJH1TEDS7b7ES I,~o °v ~~E• Certificate Of Mailil I !""' °' .~ This Certificate of Marine provides evidence that mail hes been presented to USPSm for matl- t~ ~ O This form ey be used f r dome is and irde~ wr,al meiL , - Fron,: Craig ~i. ~'ox, Esquire ,,.~'~~:.::~ ~''~ G~' ~``~.~ : 0= o U 1z.. ~ `~I ~s tA-' a ~. N -N ° ,° e~~ I ° o Norristown, PA 19401 +::';;. _ ~ _. ,~ ~ o To: East Pennsboro Township ~-;-~;~`5 ~~~i oo 98 S . Enola Drive JY.•y~,YA _, Enola. PA 17025 ?S Form 3817, April 2007,PSN 7530-02-~0-9065 ~t..~ :~ uN/TEI~STSTFS _ ~ r O '~ ~ o ~ ~~• Certificate Of Maili~ ! !r. N m ,-- _ This Certificate of Marling provides, evidence 7iet mail has been presented to USPS®for mars Tnis brm may be used for tlomeshc and international roar ~ • [t ~ <- Q From: Craig H. Fox, Esquire = Oz o . ~ ~ to ~ a ~_ ,,~ fV o PA 19401 fir i R r o>rrp ~ i . ., ,. ~,~~ , ~ ~ ' `' ~~ f~' To: ~~, East Pennsboro Area ~ No a _ School District ~; ' ~ ~"'m °° ~ 890. Valley Street Enola, PA 17025 PS 1=orrn 3817, April 2007 PSN 7530-02-000-9065 LEON H. Fox, JR.° CRAM H. Fox°•+ JEFFREY ~/. MATTEO° PETER H. THOMAS° SCOTT L. H. RueiNpY° JOSEPH B. WASSEL°a BENJAMIN E. WITMER°~ PAUL S. BADAME° ° ADMITTED TO PENNSYLVANIA BAR • ADMITTED TU NEW JERSEY BAR AL50 + ADMITTED TO FLORIDA BAR ALSO ° LL. M I N TR IAL AO VOCACY 71 MASTE R$ IN BUSINESS ADMINISTRATION August 3, 2010 NOTICE OF SAERIFF'S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S): RUSSELL E. BURNHISEL PROPERTY: 124 2nd Street, Cumberland County, Enola, PA 17025 (See attached description) IMPROVEN~NTS: Single family ;~ duplex TAX PARCEL(S): 45-17-1044-226 LEON H. Fox 1901-1982 JAMES P. FOX 1936-1999 SHIRLEE ANN MILLER ESTATE PARALEGAL The above-captioned property is scheduled to be sold on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties 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 thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (l0) days after the filing of the schedule. You should check with the Sheriff's Office, by calling (717) 240-6390, to determine the actual date and time of the filing of said sc dule. Crai H. x Atto for ainti FOX AND FOX ATTORNEYS - AT -LAW SUITE 706 ONE MONTGOMERY PLAZA AIRY Se SWEDE STREETS NORRISTOWN, PA 19401 (61 OI 275-7990 Fax (610) 275-2866 LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South Ol degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North O1 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ~ duplex WY/1EDS7STE3. ~~• Certificate Of Mailing This Certificate of Mailing provides, evidence that mail has been presented to USP~formaPing. This form may De used ?o' dome~.~c end intemetbnal mail. From: Craig H. Fox, Esquire :~ PA v7 r~ T°~ BAC Home Loan Servicin 4 Q~~ L.P. fka Countr wide et al _ 7105 Corporate Dr., PTX B-35 Plano, TX 75024-3632 PS 1=am 31317, April 2007 PSN 7530-02-000-9065 `f 4c~o , 35 uinur~smrFs ~~• Certificate Of Mailin This Certificate of Madinq provides evidence that mail has been presented to USPS® for meiir This form may be usetl for domestic entl intema[ional maA. F'°"" Craig H. Fox, Esquire FOX AND FOX Ta: Pennsylvania State Gs. ~Emp oyees Credit Union 1 Credit Union Place Harrisburg, PA 17101 PS Fwm 3617, April 2007 PS~7 3¢ 0-02-OQO,8G65 ~ ~o~ n 3 " \~ - I '~ n~~s~ ~~~~ _ w^ I m ~~ ~~ f0 N~,,iww ? ~ V' o c jo ~ u~Fp w `~ _ a ~ ~~ 3 ~ ~~ ~ - ! '~ nC~~ D~~e m W Sri I ~N~1 .A OI' of O ~V/~. -` o O SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a ~ r,~ J ~~ ,. , ._ , . • artit~~l• Jody S Smith Chief Deputy Richard W Stewart Solicitor i ... ~ ~ '` . ~ s .. , -:,. _ t E ._ _ __........',~ American General Financial Services Case Number vs. Russell E. Burnhisel (et al.) 2009-8160 SHERIFF'S RETURN OF SERVICE 06/18/2010 03:45 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2010 at 1545 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Russell E. Burnhisel, by making known unto, Russell E. Burnhisel, personally, at, 116 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/21/2010 02:36 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tenant/Occupant, but was unable to locate him/her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Tenant/Occupant located at: 124 2nd Street, Enola, PA 17025, property is vacant. 07(02!2010 01:49 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 07/02/10 at 1340 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Russell E. Burnhisel, located at, 124 2nd Street, Enola, Cumberland County, Pennsylvania according to law. 09/07/2010 As directed by Craig H. Fox, Attorney for the Plaintiff, Sheriffs Sale Continued to 10!6/2010 09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Craig Fox on 9!23!10 SHERIFF COST: $1,169.93 SO ANSWERS, September 28, 2010 RONI~ R ANDERSON, SHERIFF _-~` 1. ~; ` ; ~' G:\AMER-GEN\LARGE\9400-35.SS.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 Attorney for Plaintiff (610) 275-7990 AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17055 No. 09-8160 Civil Term v. RUSSELL E. BURNHISEL 124 2~ Street Enola, PA 17025 AFFIDAVIT PURSUANT TO RULE 3129.1,2,3 AMERICAN GENERAL FINANCIAL SERVICES, INC., plaintiff in the above-captioned action, comes b1r its attorney and sets forth, as of the date the Praecipe for Writ t>f Execution was filed, the following information concerning the real property located at 124 2nd Street, Cumberland County, Enola, PA 17025 (see property descriptions attached). 1. Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 fi 1 ~' 2. Name and address of Defendant in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: a) Cumberland County Tax Claim Bureau (717) 240-6366 a) 1 Courthouse Square Old Courthouse Carlisle, PA 17013 b) Domestic Relations of Cumberland County (717) 240-6225 b} 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013 c) East Pennsboro Township c) 98 S. Enola Drive (717) 732-0711 Enola, PA 17025 d) East Pennsboro Area d) 890 Valley Street School District Enola, PA 17025 (717) 732-3601 e) East Pennsboro Township e) 98 S. Enola Drive (sewer & water) Enola, PA 17025 f) PA Dept. of Public f) Bureau of Child Support Welfare Enforcement P.O. Box 8018 Harrisburg, PA 17105-8018 g) PA Dept. of Revenue h) Debbie Lupold, local tax collector (717) 901-9392 g) The Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 h) c/o 98 S. Enola Drive Enola, PA 17025 i) Capital One Bank USA NA i) 15000 Capital One Drive Richmond, VA 23238 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) a) American General a) Financial Services, Inc. b) MERS, Inc. b) as nominee for First NLC Financial Services, LLC Dba The Lending Center 125 Gateway Drive Mechanicsburg, PA 18055 P.O. Box 2026 Flint, MI 48501 and 700 W. Hillsboro Blvd. B-1 #204 Deerfield Beach, FL 33441 5. Name and address of every other person who has any record lien on the property: Only those listed in 3 and 4 above. 1 6. 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 (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. I verify that I am the attorney for the plaintiff, American General Financial Services, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. Date: T LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North Ol degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7j6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ;~ duplex J ~ ~ r .~ LEON H. Fox, JR.° CRAIG H. FOX°f+ JEFFREY ~{. MATTEO~ PETER H. THO MAS° SCOTT L. H. RueIN°r ° J 05EPH B. WASSEL°' BENJAMIN E. WITMER°# PAUL S. BADAME° ~ ADMITTED TO PE NNSYLVANIP BAR ~ ADMITTED rU NEW JERSEY BAR ALSO + ADMITTED ro FLORIDA BAF ALSO .^_, LL.M iNTRiAL AD VOCncY tt MASTERS iN BusiNE SS AD MiNisrRArioN May 28, 2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: OWNER(S): PROPERTY: IMPROVEMENTS FOX AND FOX ATTORNEYS - AT -LAW SUITE 706 ONE MONTGOMERY PLAZA AIRY & SWEDE STREETS NORRISTOWN, PA 19401 (610) 275-7990 Fax (610) 275-2866 All Parties In Interest And Claimants RUSSELL E. BURNHISEL 124 2nd Street, Cumberland County, Enola, PA 17025 (See attached description) Single family ;~ duplex TAX PARCEL(S): 45-17-1044-226 LEON H. Fox 1901-I J82 JAMES P. FOX 1936-1999 SHIRLEE ANN MILLER ESTATE PARALEGAL The above-captioned property is scheduled to be sold on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties 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 thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You should check with the Sheriff's Office, by calling (717) 240-6390, to determine the actual date and time of the filing of said schedule. J ~~ . r LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North O1 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30j2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family h duplex LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNTNG at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North 01 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7j6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family ~ duplex • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8160 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES, INC., Plaintiff (s) From RUSSELL E. BURNHISEL (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 Che 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 $20,34].91 L.L.$.50 Interest from 11110109 @ $4.56/day Atty's Comm °1o Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 6/1110 David D. Buell, Prothonotary (Seal) gy; Deputy REQUESTING PARTY: Name: CRAIG H. FOX, ESQUIRE Address: FOX AND FOX 706 ONE MONTGOMERY PLAZA NORRISTOWN, PA 19401 Attorney for: PLAINTIFF Telephone: 6l 0-275-7990 Supreme Court [D No. 49509 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 124 2°d Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 sy: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 0 da of July, 2010 Notary NOTARIAL SEAL DEBORAH A COLLlNS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2009-8160 Civil American General Financial Services vs. Russell E. Burnhisel Tenant/Occupant Atty.: Craig Fox ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Bor- ough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Sur- vey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows: BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwardly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South O1 degree 15 minutes West 18 feet to a point; thence along lands now or late of George W. My- ers North 88 degrees 45 minutes West 139 feet to the Eastern line of an alley 16 feet wide; thence along the Eastern line of said alley North O1 degree 15 minutes East 18 feet to a point; thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to the Western right of way line of Sec- ond Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044- 226. TITLE IS VESTED IN Russell E. Burnhisel, by Deed from Paul M. Enrico and Tracy L. Enrico, dated 6/30/2005 and recorded 7/6/2005 in Deed Book 269, Page 3850. IMPROVEMENTS: Single family 1/2 duplex. _, ' , ~. , t, it {b .... S 1 . ..~ -.The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 07/16/10 07/23/10 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duty 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 Notary uP 07/09/10 Sworn to an subscribed I ~y ~ ~ -:~ ,~, ~; ~~ ~I~e~latriot-News Now you know This ad ran on the date(s) shown below: isi05 day of August, 2010 A.D. ~~;. COMP~ObiWEAl7H ~~F F~~~P/SYL~~ANI~ _ Natarlal Seal Sherr6e L Klsner, Notary Public lower Paxton Twp., DauphEn Eounty ~ My Commission Expires Nov. iYS, 2013 Member, Pennsy;van!a rissociation or Notaries Writ No. 2009,8160 Civil Term American General Financial Services Vs Russell E. Burnhisel Tenant/Occupant Arty: Craig Fox ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Survey and Plan thereof made of D.P. Raffensperger Associates, Engineers and Surveyors, dated June 23,1983, as follows; BEGINNING at a point on the Western right of way line of Second Street (formerly Main Street), which point is 130.88 feet Southwazdly from the intersection of said Second Street and North Street; thence along the Western right of way line of Second Street South OI degree 15 minutes West IS feet to a point thence along lands now or late of George W. Myers North 88 degrees 45 minutes West 139 feet to the Eastern Gne of an alley 16 feet wide; thence along the Eastern line of said alley North Ol degree 15 minutes East 18 feet to a point thence along lands now or late of John E. Siemons South 88 degrees 45 minutes East 139 feet to [he Western right of way Gne of Second Street aforesaid, the point and place of beginning. BEING Parcel No. 45-17-1044-226. TITLE IS VES'T'ED IN Russell E. Burnhisel, by Deed from Paul M. Enriw and Tracy L. Enrico, dated ls~30I2005 and recorded 716!2005 in Deed Book 269, Page X850. IMPROVEMENTS: Single family ]2 duplex