HomeMy WebLinkAbout09-8611Leon P. Haller, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
717.234.4178
mtg@pkh.com
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY
Plaintiff
vs.
ADAM J. WAGNER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Cat'-8?l( ?i??L?
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action
within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money
claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE
SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO,
REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION
CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU
PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y
REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA
DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA
DE ABOGADOS), (215) 238-6300.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
ADAM J. WAGNER,
Defendant
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. 1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any
information obtained will be used for that purpose. The amount of the debt is stated in this
Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty
(30) days after your receipt of this notice disputes the validity of the aforesaid debt or any
portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is
valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day
period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon
written request by Debtor to the undersigned attorney within said thirty (30) day period, the
undersigned attorney will provide debtor with the name and address of the original creditor if
different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
Plaintiff
vs.
ADAM J. WAGNER,
Defendant
ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA
HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a
National Association with a Servicing Agent of the Pennsylvania Housing Finance Agency, with an
address of 211 North Front Street, Harrisburg, Pennsylvania 17101.
2. Defendant, ADAM J. WAGNER, is an adult individual whose last known address is 2459 MOSS TREE
COURT ROCK HILL, SC 29730.
3. On or about, July 12, 2007, the said Defendant executed and delivered a Mortgage Note in the sum of
$71,050.00 payable to PHILADELPHIA FINANCIAL MORTGAGE, a division of LEESPORT BANK,
which Note is attached hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain
real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and
Commonwealth on July 17, 2007 in Mortgage Book 1999, Page 4336 conveying to original Mortgagee
the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING
FINANCE AGENCY and was recorded in the aforesaid County on July 17, 2007 in Mortgage Book
1999, Page 4348. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION,
TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording.
The said Mortgage and Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 507 FACTORY STREET CARLISLE, PA 17013 and is more
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
particularly described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the property.
7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on
January 01, 2009 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE
Interest at $10.71 per clay
From 12/01/2008 To 01/0 1 /2010
( based on contract rate of 5.6000%)
Accumulated Late Charges
Late Charges $16.32
From 01/0 1 /2009 to 01 /01 /2010
Escrow Deficit
Attorney's Fee at 5% of Principal Balance
TOTAL
$69,785.31
$4,241.16
$195.84
$1,939.21
$3,489.27
$79,650.79
"Together with interest at the per diem rate noted above after January 01, 2010 and other charges and
costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letters
dated March 20, 2009 as required by Pennsylvania Act No. 6 of 1974, as amended. Copies of the March
20, 2009 Act 6 Notices are attached hereto and marked Exhibit "C".
10. The within Mortgage is insured by the Federal Housing Administration under Title II of the National
Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983.
11. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in
any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 5.6000% ($10.71 per diem), together with other charges
and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale
of the property within described
By:
PURCELL, KRUG & HALLER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
Jul. 31. 2009 9:38AM US BANK DOCUMENT CUSTODY No.4988 F. 27/47
yyNFL
Loan Number: 124007137
NOTE
-7a - 0 9 r- PHA CASE NO.
/ 5773 / 441-7930568
JULY 12, 2007
[Doul
507 FACTORY STREET, CARLISLE, PENNSYLVANIA 17013
[Property Address)
I. PARTIES
"Borrower" means each person signing at the end of this Note. and the person's successors and Assigns, "Lender" means
PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A
PENNSYLVANIA BANKING CORPORATION
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal Bum of SEVENTY-ONE
THOUSAND FIFTY AND 00/100
Dollars
(U.S,$ 71, 050.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Leader, at the rate of FIVE AND 600/1000
percent ( 5.600 %) per year
until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same
date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might
result if Borrower defaults under this Now,
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning
on SEPTEMBER 1, 2007 . Any principal and interest remaining on the first day of
AUGUST 1, 2037 will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at 1044 MACARTHUR ROAD, READING, PENNSYLVANIA 19605
or At such other place as Leader may designate In writing by notice to Borrower,
(C) Amount
Each monthly payment of principal' and interest will be in the amount of U.S. S 4 0 7. 8 8
This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal,
interest and other items In the order described In the Security Instrument.
(D) Allonge to this Note for Payment Adjustments
If an alonge providing for payment adjustments is executed by Borrower together with this Note, the coveaaata of the
allouge shall be Incorporated into and shall amend and supplement the covenants of this Note as if the allouge were a part
of this Note. (Check applicable box.)
? Growing Equity Allonge 13 Graduated Payment Allonge
? Other [specify)
U,M-
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the fast
day of any month. Leader shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid
for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary, If Borrower
makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender
agrees In writing to those changes,
14=13fAMPIIA Fum RATE NOTE (ti19A)
Donate srm..,m, MOD 6M13 Q P
age I of 2
11,b14 I(91i
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c0ner
IV. 31. 2009 9:38AM US BANK DOCUMENT CUSTODY No. 4988 F, 20147
6, BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Leader has not received the fail monthly payment required by the Security Instrument, u described in Paragraph 4(C)
of this Note, by the and of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of
FOUR AND 000/1000 percent ( 4.000 %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in fall any monthly payment, then Lender may, except as limited by regulations of
the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment
in full in the ease of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations.
As used in this Note, 'Secretary"mesas the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of costs and Expenses
If Leader has requited immediate payment In full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable mad customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Leader to demand payment of amounts due. "Notice of dishonor" means
the right to require Lender to give notice to other persons that amounts due have not been paid.
S. GIVING OF NOTICES
Unless applicable lawrequires a different method, any notice that must be given to Borrower under this Note willbe given
by delivering it or by mailing It by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Leader under this Note will be given by fast class trail to Lender at the address stated
in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address,
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises trade
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promisee made in this Note. Leader may
enforce its rights under this Note against each person individually or against all signatories together, Any one person signing
this Note may be required to pay all of the amounts owed under this Note,
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of this Note.
ADAM J W NE (Seal) (Seal)
Borrower -Borrower
- (Seal)
-Borrower
_ (Seal)
-Borrower
- (Seal)
-Borrower
_. (Seal)
-Borrower
..",."- Wgftzo- cm cruets nwrtt r4ure (6196)
Dm-0 *y , aA. rate 649-17n Page 2 of 2
Wim-
Ju1.31. 2009 9:3BAM US BANK DOCUMENT CUSTODY
ALLONGE
Lose Number: 124007137
Loan Date: JULY 12 , 2007
Borrower(s): ADAM J WAGNER
No.4986 P. 29/47
PropertyAddrus:507.FACTORY STREET, CARLISLE, PENNSYLVANIA 17013
Principal Bnlauce: $ 71, 0 5 D. 0 0
PAY TO THE ORDER OF
P=BTLVANu BAIISIiitG FnTAUM ACRR"
Without Recourse
Company Name: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK
BY:
(Name)
D1D1I8RfDIGI0VAlIvItI
(Title)
031013/07ATE NOTE ALLONOE
www.db=4v1c."a
A.I.
ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate In the 5" Ward of the Borough
of CBdIsle, Cumberland County,, bounded and described as follows:
BEGINNING at a point on the East side of Factory Street, which point is at line of land now ar formerly of Emma
J. Cline; thence by the East side of Factory Street In a northerly direction, 25 feet to a p*t at of land now or
formerly of Levl Stum; thence by said land In an easterly dlrectton, 69 teat to a point t encellby the some In e
southerly direction, 03 feet to a point; thence by the same In an easterly direction, 49 feet to an Iron pin at One of
land now or formerly of Albert C. Tritt thence by sold land In a southerly direction, 46 feet to a point at line of land
now or formerly of Harry Kauffman; thence by sold land In a westerly dkecdon, 49 feet to a point at One of land
now or formerly of Emma J. Cline; thence by sold land In a northerly direcdon 24 feet to a point; thence by the
same in a westerly direction, 59 feet to the place of BEGINNING.
Pennsylvania
Musing Finance Agency Accounting / Loan Servicing Division
211 North rrout Street, P. 0. Box 15057
Harrisburg, A4 17105-5057
(1-800-822-737,5) Or (717-780-3870)
FAX (717) 780-3804 TTY (717) 780-1869
CERTIFIED MAIL - RETURN RF.,CEIPT REQUESTED
March 20, 2009
RE: Account No 1597731
ADAM J WAGNER
2459 MOSS TREE CT
ROCK I-III.I.., SC 17013-9009
RE: 507 FACTORY ST
CARLISLE, PA 17011-1853
Dear Occupant(s):
NOTICL OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us
or ours) on your property located at 507 FACTORY ST, CARLISLE, PA 17013-1853 IS IN SERIOUS
DEFAULT because you have not made the monthly payments of $548.00 for January 1, 2009 through
March 1, 2009 for a total of $1,644.00. Late charges and NSF charges that have accrued to this date in the
amounts of $48.96 and $0.00 respectively, are also due. The total listed below includes all fees (including
inspections and securing that needed to be completed) less any funds we are holding in suspense. The total
amount now required to cure this default, or in other words, get caught up in your payments, as of the date of
this letter is $1,712.95.
You may cure this default within thirty (30) DAYS of the date of this letter, by paying; to us the total
amount of $1,712.96, plus any additional monthly payments, expenses and late charges which may fall due
during this period. Such payment must be made either by cash, cashier's check, certified check or money
order and made at:
PENNSYLVANIA HOUSING FINANCE AGENCY
211 NORTH FRONT STREE-17P.0. BOX 15057
HARRISBURG, PA 17105-5057
1-800-822-7375 or T`I'Y (800) 346-3597
If you do not cure the default within TIIIRTY (30) DAYS, We intend to exercise our right to
accelerate the mortgage payments. This mcuns that whatever is owing on the original amount borrowed will
be considered due immediately and you may lose the chance to pay off the original mortgage in monthly
installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also
intend to instruct our attorneys to start a lawsuit to foreclose your moil aaeed Aroperty
If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the
mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's
U4
Pennsylvania
Housing Finance Agency
1-01
Accounting / Loan Servicing Division
211 North Front Street, P.O. Box 15057
NarK burg PA 17145-5057
(1-800-822-7375) Or (717-780-3870)
FAX (717) 780-3804 TTY (717) 780-1869
fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default within the thirty day period, you will not be required to
pay attorney fees.
We may also sue you personally for the unpaid principal balance; and all other sums due under the
mortgage. If you have not cured the default within the thirty 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
sheriff s_ foreclosure sale. You may do so by paving the total amount of the unpaid monthly payments and
any late or other charges then due as well as the reasonable attomcv's fees and const connected with the
foreclosure sale and perform any other renuirements under the mortgage It is estimated that the earliest date
that such a Sheriffs sale could be held would be approximately five months from the date; of this Notice. A
notice of the date of the Sheriff 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 will be by calling us at the following number: 1-800-822-7375. This payment must be made
payable in cash, cashier's check, certified check or money order and made payable to us at the address stated
above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your
right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started
to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT
TO SELL, THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO
BORROW MONEY FROM ANOTHER T.FNDING INSTITUTION TO PAY Ott THIS DEBT. YOU
MAY HAVE THE , RIGHT TO SELL OR TRANSFER THE PROPERIY SUBJECT TO THE
MORTGAGE TO A BUYER OR TRANSFEREE W140 WILL ASSUME THE MORTGAGE DEBT,
PROVIDED TIIAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES
AND COSTS ARR PAID PRIOR TO OR AT THE SALE AND THAT THE, OTHER REQUIREMENTS
UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINF UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in any
calendar year.
You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the
mortgage documents, the nonexistence of a default or any other defense you believe you may have to any
such action.
If you maintain credit, life or disability insurance in connection with your mortgage loan, your
failure to pay premiums with your payments may have already resulted or may result in the future in the
lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled,
reinstatement of the loan will not .reinstate the insurance, and you will have to apply to the insurance
company and qualify for replacement insurance if you wish to retain it.
If you make partial payments on account of the delinquencies, we may accept them and apply them
to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The
loan will not be reinstated unless we receive the entire amount required to cure the default.
Pennsylvania
Ho`usinb Finance Agency Accounting / Loan Servicing Division
Sincerely,
"1'LG/j rd
21I North Front Street, P. 0. Box 15057
Harrisburg, PA 1 71 05-505 7
(1-8OM22-7375) Or (717-780-3870)
FAX (717) 780-3804 TTY (717) 780-1869
Mr. Thomas L. Gouker
Manager of Collections
PENNSYLVANIA HOUSING FINANCE AGENCY
211 North Front Street/ P.O. Box 15057
Harrisburg, PA 17105-5057
Pennsylvania
Housing Finance Agency Accounting / Loan Servicing Division
211 North Front Street, P.O. Box 15057
Harrisburg, PA 17105-5057
(1-800-822-7375) Or (717-780-3870)
FAX (717) 780-3804 TTY (717) 780-1869
NOTICE
March 20, 2009
ADAM J WAGNER
2459 MOSS TREE CT
ROCK HILL, SC 17013-9009
RE: Account# 1597731
TO: ADAM J WAGNER
507 FACTORY ST
CARLISLE, PA 17013-1853
FROM: PENNSYLVANIA HOUSING FINANCE AGENCY
The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify
homeowners who are delinquent in their mortgage obligation of the availability of homeownership
counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing
and Urban Development ("MUD") and experienced in the provision of homeownership counseling.
Attached is a current list of HUD-approved counseling agencies for Pennsylvania.
If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for
financially distressed mortgagors for information concerning HUD-approved housing counseling agencies.
Enclosure Housing Counseling List
Pennsylvania
Housing Finance Agency Accounting / Loan Servicing Division
211 North Front Street, P. O. Box 15057
11ur?-iSburg, PA 17105-5057
(1-800-822-7375) Or (717-780-3870)
FAX (717) 780-3804 TTY (717) 780-1869
* Please be sure the agency of your choice services your county.
CCCS OF WESTERN PA-HARRISRURG
2000 LINGLESTOWN RD.
HARRISBURG, PA. 17110
Phone: 888-599-2227
IIOUSING ALLIANCE OF YORK
34 S. Duke St.
York, PA 17401-1106
Phone: 800-864-4909
TABOR COMMUNITY SERVICES
208 E Kin; St.
Lancaster, PA 17608-1676
Phone: 717-397-5182
NACA
1341 N DELAWARE AVE; SUITE 312
PHILADELPHIA, PA. 19125
1'hone:888-297-5568
PHILADELPHIA COUNCIL OF COMMINITY
DEVELOPMENT
ONE PENN CENTER; 1617 JFK BLVD; SUITE 1550
PHILADELPHIA, PA. 19103-1828
Phone: 800-930-4663
TOTAL P.07
7160 3901 9848 1753 2798
To.. ADAM J WAGNE1Z
507 FACTORY ST
CARLISLE, PA 17013-1853
SENDER: BASSETT
REFERENCE: 1597731
US Postal Service
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VERIFICATION
Anthony J. Julian hereby states that he is the Director of Accounting
and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage
servicing agent for Plaintiff in this matter, that he is authorized to take this
Verification, and that: the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of his knowledge,
information and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Anthony J. J ' an
Director of Accounting and Loan
Servicing
PENNSYLVANIA HOUSING FINANCE AGENCY
Date: --d _ SERVICING AGENT FOR I)--S
ASSOCIATION AS TRUSTEE FOR BANK, NATIONAL
HOUSING FINANCE AGENCY
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Thomas Kline I FILE"
Sheriff OF THE pF#Ol°HC?WMAW
Ronny RAnderson "a??utr a? ?ittrt?rr?r?'dChief Deputy 206 JAN -6 AN 8:43
Jody S Smith
Civil Process Sergeant FAc?A
Edward L Schorpp
Solicitor
US Bank National Association
vs. Case Number
Adam J. Wagner 2009-8611
SHERIFF'S RETURN OF SERVICE
12/28/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Adam J. Wagner, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Adam J.
Wagner. The Carlisle Postmaster has advised the defendant has moved and left no forwarding address.
SHERIFF COST: $33.00
December 28, 2009
SO
RTOMAS KLINE, SHERIFF
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tCi Cou^tpSuitF Shen'f. Tflecsott. Inc.
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U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY
Plaintiff
VS.
ADAM J. WAGNER
Defendant
RETURN OF SERVICE
TO THE PROTHONOTARY:
No. 09-8611 CIVIL
Kindly file the Out of State Service Return on the above captioned matter
DATE: February 1, 2010
PURCELL, KRUG, & HALLER
BY
Leon P. aller
1719 North ont Street
Harrisb , Pa. 17102
Atto ey for Plaintiff
At rney ID# 15700
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
_ v
For:
Commonwealth of Pennsylvania
Case Number: 09-8611 CIVIL
AFFIDAVIT OF SERVICE
County of Cumberland
Plaintiff:
US Bank National Association Trustee for The Pennsylvania Housing
Finance Agency
vs.
Defendant:
Adam J. Wagner
PURCELL KRUG & HALLER
Common Pleas Court
Received by FALCON EXPRESS S-5$VICES, LLC to be served on Adam J. Wagner, 2459 Moss Tree Court,
Rock Hill, SC 29730. I, LA-9 011!j d'A Si( O , being duly sworn, depose and say that on the
day of . M _,2010 at j :gy m., executed service by delivering a true copy of the NOTICE,
COMPLAINT IN A MORTGAGE FORECLOSURE, VERIFICATION and EXHIBITS in accordance with state statutes
in the manner marked below:
?<NDIVIDUAL SERVICE: Served the within-named person.
() SUBSTITUTE SERVICE: By serving as
( ) POSTED SERVICE: After attempting service on -/, at and on _/- at to a conspicuous
place on the property described herein.
( ) NON SERVICE: For the reason detailed in the Comments below.
Military Status: ( ) Yes or (9-1 No If yes, what branch?
Marital Status: (-rmarried or ( ) Single Name of Spouse
COMMENTS:
I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in
which this service was made.
Subscr?4&d and Sworn to before me on the ??3 day
of JQ , ZOM by the affiant who is
personally wn to rne.
P S ERVER #
Appointed in accordance
with State Statutes
/ FALCON EXPRESS SERVICES, LLC
NOTARY BLIC P.O. Box 874
Charleston, SC 29402-0874
(843) 577-9696
Our Job Serial Number: 2010000086
Copyright* 1992-2008 Database Services, Inc. - Process Server's Toolbox V6.3e
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF'
ADAM J. WAGNER,
VS.
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
MORTGAGE FORECLOSURE
PRAECIPE
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TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s)
ADAM J. WAGNER for failure to plead to the above action within twenty (20) days from date of
service of the Complaint, and assess Plaintiff's damages as follows:
Unpaid Principal Balance $69,785.31
Interest $4,241.16
Per diem of $10.71
From 12/01/2008
To 01/01/2010
Late Charges $195.84
($16.32 per month to
01/01/2010)
Escrow Deficit $1,939.21
5% Attorney's Commission $3,489.27
TOTAL $79,650.79
**Together with additional interest at the per diem rate indicated above from the date herein, based on
the contract rate, and other charges and costs to the date of Sheriff's Sale.
PURCELL, KRUG & HALLER
B
Leon P. Haller PA I.D. # 15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
clth:? IS-5-0
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
vs.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby notified that on _
against you in the above-captioned matter:
the following judgment has been entered
$79,650.79 and for the sale and foreclosure of your property located at: 507 FACTORY
STREET CARLISLE, PA 17013
Dated: March 5, 2010
_a?)_
PRO ONOTARY
Attorney for Plaintiff.
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4178
I hereby certify that the following person(s) and their respective addresses are the proper individuals to
receive this Notice pursuant to PA R.C.P. No. 236
ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
r
d
AM
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
Vs.
ADAM J. WAGNER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
DEFENDANT(S)
IN MORTGAGE FORECLOSURE FZ
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CERTIFICATE OF SERVICE = -
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on February 17, 2010 I served the Ten Day Notice required by Pa. R.C.P.
on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the
attached Notice.
By
Leon P. Haller PA I.D. # 15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
U.S. BANK NATIONAL ASSOCIATION
TRUSTEE FOR THE PENNSYLVANIA
HOUSING FINANCE AGENCY,
Plaintiff
VS.
ADAM J. WAGNER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-8611 CIVIL
CIVIL ACTION LAW
IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: February 17, 2010
TO:
ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
PURCELL, KRUG & HALLER
Bx `/
LEON R HALLER, Attorney for Plaintiff
I.D. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE 0
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
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Personally appeared before me, a Notary Public in and for said Commonwealth and County,
LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the
Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way
which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
i
before me this J? day
of 20 -/ 0
i
t ti t C?y6t1f LEON P. UAfLER, ESQUIRE
otar P Ile
x. ?rp??. ? i 1, ?iolz?rY Publ'c
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104
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW AT NO. 09-8611 CIVIL
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Total Judgment Amount $79,650.79
Interest $1,606.50
Per diem of $10.71 to sale
date 6/2/2010
Late Charges $81.60
$16.32 per month to sale
date 6/2/2010
Escrow Deficit $1,995.57
TOTAL WRIT $83,334.46
*Plus additional interest, late charges and other costs
to date of sheriffs sale.
SALE DATE: Wednesday, June 02, 2010
(PROTHONOTARY'S USE)
Pltf. Paid T T
Paid
Deft
.
Due Proth/Clerk i
70
Other Costs
.
1- MORTGAGE FORECLOSU
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ca =
Issue Writ of Execution in the above captioned case.
Date: March 5, 2010
Attorney for Plaintiff I--,-
1719 North Front Street Leon P. Haller
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY:
SS
P d-
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To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and
sell the property described in the attached description known as 507 FACTORY STREET CARLISLE, PA
17013
Date:
0A4•0 U?oL n? PROTH TARY/ ILERK CIVIL DIVISION
33.00 -(?,%+12.
9;.OO- ?r tr
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BY
DEPUTY
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1
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the 5th Ward of
the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows:
BEGINNING at a point on the East side of Factory Street, which point is at line of land now or formerly
of Emma J. Cline; thence by the East side of Factory Street in a northerly direction, 25 feet to a point at
line of land now or formerly of Levi Stum; thence by said land in an easterly direction, 59 feet to a
point; thence by the same in a southerly direction, 03 feet to a point; thence by the same in an easterly
direction, 49 feet to an iron pin at line of land now or formerly of Albert C. Tritt; thence by said land in
a southerly direction, 46 feet to a point at line of land now or formerly of Harry Kauffman; thence by
said land in a westerly direction, 49 feet to a point at line of land now or formerly of Emma J. Cline;
thence by said land in a northerly direction 24 feet to a point; thence by the same in a westerly direction,
59 feet to the place of BEGINNING.
BEING PART OF Lot No. 10 and Lot No. 11, Block 8, as shown in Plan of Lots of Carlisle Land and
Improvements Company, as recorded in the Cumberland County Recorder of Deeds Office in Misc.
Book 11, Page 572.
HAVING thereon erected a dwelling known and numbered as 507 Factory Street, Carlisle, PA 17013.
PARCEL NO.: 06-20-1798-110.
SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of
record; and SUBJECT to any state of facts an accurate survey would show.
BEING THE SAME PREMISES WHICH Joseph R. Podlucky et al by deed dated 7/12/07 and recorded
7/17/07 in Cumberland County Record Book 280 Page 4907, granted and conveyed unto Adam J.
Wagner.
Coal and coal bed methane gas and mining rights and all rights incident to the extraction or development
of coal or coal bed methane gas heretofore conveyed, excepted and reserved by instruments of record;
the right of surface, lateral or subjacent support; or any surface subsidence.
NOTICE: "THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN AND THE OWNER OR OWNERS OF SUCH COAL
MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN
THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY
HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND"
[This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
OIL AND GAS EXCEPTION: Oil and gas and minerals and all rights incident to the extraction or
development of oil and gas or minerals heretofore conveyed, leased, excepted or reserved by instruments
of record.
Jc
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date
the praecipe for the writ of execution was filed, the following information concerning the real property
located at 507 FACTORY STREET CARLISLE, PA 17013:
Name and address of the Owner(s) or Reputed Owner(s):
1
.
r,
r
ADAM J. WAGNER - T
2459 MOSS TREE COURT r'
ROCK HILL, SC 29730 - r7l
1-0
` _. z-
ADAM J. WAGNER -«
507 FACTORY STREET
-cy
q
CARLISLE, PA 17013 ° c
2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1)
above: SAME
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold: UNKNOWN
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 8029
Harrisburg, PA 17105-8029
5. Name and address of every other person who has any record lien on the property:
UNKNOWN
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: UNKNOWN
7. Name and address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
507 FACTORY STREET
CARLISLE, PA 17013
(In the preceding information, where addresses could not be reasonably ascertained, the same is
indicated.)
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.
Leon P. Haller PA 1. D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: March 5, 2010
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE
G
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 02, 2010
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
507 FACTORY STREET
CARLISLE, PA 17013
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 09-8611 CIVIL JUDGMENT AMOUNT $79,650.79
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
ADAM J. WAGNER
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away, A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the 5th Ward of
the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows:
BEGINNING at a point on the East side of Factory Street, which point is at line of land now or formerly
of Emma J. Cline; thence by the East side of Factory Street in a northerly direction, 25 feet to a point at
line of land now or formerly of Levi Stum; thence by said land in an easterly direction, 59 feet to a
point; thence by the same in a southerly direction, 03 feet to a point; thence by the same in an easterly
direction, 49 feet to an iron pin at line of land now or formerly of Albert C. Tritt; thence by said land in
a southerly direction, 46 feet to a point at line of land now or formerly of Harry Kauffman; thence by
said land in a westerly direction, 49 feet to a point at line of land now or formerly of Emma J. Cline;
thence by said land in a northerly direction 24 feet to a point; thence by the same in a westerly direction,
59 feet to the place of BEGINNING.
BEING PART OF Lot No. 10 and Lot No. 11, Block 8, as shown in Plan of Lots of Carlisle Land and
Improvements Company, as recorded in the Cumberland County Recorder of Deeds Office in Misc.
Book 11, Page 572.
HAVING thereon erected a dwelling known and numbered as 507 Factory Street, Carlisle, PA 17013.
PARCEL NO.: 06-20-1798-110.
SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of
record; and SUBJECT to any state of facts an accurate survey would show.
BEING THE SAME PREMISES WHICH Joseph R. Podlucky et al by deed dated 7/12/07 and recorded
7/17/07 in Cumberland County Record Book 280 Page 4907, granted and conveyed unto Adam J.
Wagner.
Coal and coal bed methane gas and mining rights and all rights incident to the extraction or development
of coal or coal bed methane gas heretofore conveyed, excepted and reserved by instruments of record;
the right of surface, lateral or subjacent support; or any surface subsidence.
NOTICE: "THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN AND THE OWNER OR OWNERS OF SUCH COAL
MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN
THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY
HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND"
[This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
OIL AND GAS EXCEPTION: Oil and gas and minerals and all rights incident to the extraction or
development of oil and gas or minerals heretofore conveyed, leased, excepted or reserved by instruments
of record.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-8611 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s)
From ADAM J. WAGNER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $79,650.79 L.L. $.50
Interest $1,606.50 - PER DIEM OF $10.71 TO SALE DATE 6/2/2010
Atty's Comm % Due Prothy $2.00
Atty Paid $165.50 Other Costs LATE CHARGES $16.32 PER
MONTH TO SALE DATE 6/2/2010 -- ESCROW DEFICIT $1,995.57
Plaintiff Paid
Date: MARCH 9, 2010
f
David D. Buell, Pr honotary
(Sea.) By:
Deputy
REQUESTING. PARTY:
Name LEON-P. HALLLER, ESQUIRE
Address: PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4178
Supreme Court ID No. 15700
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSN5NANi?,
CIVIL ACTION LAW 1
NO. 09-8611 CIVIL
mil) Xs
IN MORTGAGE FORECLOSURE,> r•
A
RETURN OF SERVICE
I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on
31 i a 1 An I (-) , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA
R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail
(Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence),
and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are
as follows:
ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
ADAM J. WAGNER
507 FACTORY STREET
CARLISLE, PA 17013
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
507 FACTORY STREET
CARLISLE, PA 17013
Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 8029
Harrisburg, PA 17105-8029
By
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
LAW OFFICES
HOWARD B. KRUG
LEON P. HALLER
JOHN W. PURCELL JR.
JILL M. WINKA
BRIAN J. TYLER
NICHOLE M. STALEY O'GORMAN
ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
ADAM J. WAGNER
507 FACTORY STREET
CARLISLE, PA 17013
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
507 FACTORY STREET
CARLISLE, PA 17013
A
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102-2392
TELEPHONE (717) 234-4178
FAX (717) 234-1206
Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 8029
Harrisburg, PA 17105-8029
HERSHEY
(717)533-3836
JOSEPH NISSLEY (1910-1982)
JOHN W.PURCELL
VALERIE A. GUNNOF
COUNSEL
NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who
hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the
Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court
of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate
will be exposed to public sale as set forth on the attached Notice of Sale.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be
divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of
said Sheriffs Sale.
By:
Leon P. Haller PA I.D.15700
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 02, 2010
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
507 FACTORY STREET
CARLISLE, PA 17013
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 09-8611 CIVIL JUDGMENT AMOUNT $79,650.79
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
ADAM J. WAGNER
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the 5th Ward of
the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows:
BEGINNING at a point on the East side of Factory Street, which point is at line of land now or formerly
of Emma J. Cline; thence by the East side of Factory Street in a northerly direction, 25 feet to a point at
line of land now or formerly of Levi Stum; thence by said land in an easterly direction, 59 feet to a
point; thence by the same in a southerly direction, 03 feet to a point; thence by the same in an easterly
direction, 49 feet to an iron pin at line of land now or formerly of Albert C. Tritt; thence by said land in
a southerly direction, 46 feet to a point at line of land now or formerly of Harry Kauffman; thence by
said land in a westerly direction, 49 feet to a point at line of land now or formerly of Emma J. Cline;
thence by said land in a northerly direction 24 feet to a point; thence by the same in a westerly direction,
59 feet to the place of BEGINNING.
BEING PART OF Lot No. 10 and Lot No. 11, Block 8, as shown in Plan of Lots of Carlisle Land and
Improvements Company, as recorded in the Cumberland County Recorder of Deeds Office in Misc.
Book 11, Page 572.
HAVING thereon erected a dwelling known and numbered as 507 Factory Street, Carlisle, PA 17013.
PARCEL NO.: 06-20-1798-110.
SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of
record; and SUBJECT to any state of facts an accurate survey would show.
BEING THE SAME PREMISES WHICH Joseph R. Podlucky et al by deed dated 7/12/07 and recorded
7/17/07 in Cumberland County Record Book 280 Page 4907, granted and conveyed unto Adam J.
Wagner.
Coal and coal bed methane gas and mining rights and all rights incident to the extraction or development
of coal or coal bed methane gas heretofore conveyed, excepted and reserved by instruments of record;
the right of surface, lateral or subjacent support; or any surface subsidence.
NOTICE: "THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN AND THE OWNER OR OWNERS OF SUCH COAL
MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN
THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY
HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND"
[This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
OIL AND GAS EXCEPTION: Oil and gas and minerals and all rights incident to the extraction or
development of oil and gas or minerals heretofore conveyed, leased, excepted or reserved by instruments
of record.
1
AFFIDAVIT OF SERVICE
( ommonwealth of Pennsylvania
C ase Number: 09-8611 CIVIL
County of Cumberland
F laintiff:
L S Bank National Association Trustee for The Pennsylvania Housing
Finance Agency
v
C efendant:
? dam J. Wagner
For Mindy Horley
PURCELL KRUG & HALLER
Common Pleas Court
F eceived by FALCON EXP iS,? YICES, LLC to be served on Adam J Wagner, 2459 Moss Tree,,?c?rt, Rock
F' I Ja29730. I, a ?r?S' being duly sworn, depose and say that on the _Lat -day of
20ly at executed service by delivering a true copy of the NOTICE OF SHERIFF'S
S SALE F REAL ESTATE in accordance with state statutes in the manner marked below:
?'INDIVIDUAL SERVICE: Served the within-named person.
(i SUBSTITUTE SERVICE: By serving
( ' POSTED SERVICE: After attempting service on at
p ace on the property described herein.
( ' NON SERVICE: For the reason detailed in the Comments below.
N ilitary Status: ( ) Yes or ( lyqO If yes, what branch?
N arital Status: ( ) Married or ( ) Single Name of Spouse
C OMMENTS:
PP( f <9
I .ertify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in
w rich this service was made.
FALCON EXPRESS SERVICES, LLC
P.O. Box 874
Charleston, SC 29402-0874
(843) 577-9696
Our Job Serial Number: 2010000606
Cofri I ?a08 Database Services, Inc. - Process Server's Toolbox V6.3e
N?)TARY PUBLIC ••• •.•••••••?F
C: 7
'(.
Sibs 'bed nd Sworn to before me on the S day
of, -, _YAL by the affiant who is
pE Irsona ly known me.
as
and on _/_ at to a conspicuous
Appointed in accordance
with State Statutes
7160 3401 4848 7275 6141
TO: ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
SENDER:PHFA/WAGNER
REFERENCE IOS 06/02/10
RETURN Postage
RECEIPT
SERVICE Certified Fee
Return Receipt Fee
Total Postage & Fees
US Postal Service
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
--------------------------------------------
7160 3401 4848 7275 6184
TO:
ADAM J. WAGNER
507 FACTORY STREET
CARLISLE, PA 17013
SENDER:PHFA/WAGNER
REFERENCEpOS 06/02/10
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
OSTMARK OR DATE
US Postal Service
Receipt for
? Certified
?q'i? ,. Mail
010 R ! ?? * No Insurance Coverage Provided
Do Not Use for International Mail
POSTMAR?OR DATE
010? Q s rt ort
a+
4- - . ,
PENNSYLVANIA HOUSING FINANCE AGENCY v. ADAM J. WAGNER
Cumberland County Sale 6/2/2010
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
ADAM J. WAGNER
507 FACTORY STREET
CARLISLE, PA 17013
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
? PIENEY BOWES
02 1M $ 01.150
0004284324 MAR 1 8 20010
MAILED FROM ZIP CODE 17102
PENNSYLVANIA HOUSING FINANCE AGENCY v. ADAM J. WAGNER
Cumberland County Sale 6/2/2010
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 38771
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
TENANT/OCCUPANT
507 FACTORY STREET
CARLISLE, PA 17013
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 8029
Harrisburg, PA 17105-8029
'!t7 r
nCb J „
AN?
??v®
3 1?
Affinwow
PITNEY BOWUS
02 1M $ 02.300
0004284324 ;AA.R 1 8 2010
•• MAILED FROM ZIPCODE 1 710 2
~.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
• SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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US Bank National Association
vs. Case Number
Adam J. Wagner 2009-8611
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SHERIFF'S RETURN OF SERVICE
03/30/2010 06:24 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 3/30/10
at 1824 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 Adam J. Wagner, located at, 507 Factory Street, Carlisle,
Cumberland County, Pennsylvania according to law.
06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He
sold the same for the sum of $1.00 to Attorney Leon P. Haller, on behalf of US Bank National Associatin,
Trustee for the Pennsylvania Housing Finance Agency, 211 North Front Street, Harrisburg, PA, being the
buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1242.94
SHERIFF COST: $1,242.94 SO ANSWERS,
July 09, 2010 RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff. Telecsoft, inc.
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U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date
the praecipe for the writ of execution was filed, the following information concerning the real property
located at 507 FACTORY STREET CARLISLE, PA 17013:
1. Name and address of the Owner(s) or Reputed Owner(s):
ADAM J. WAGNER
2459 MOSS TREE COURT
ROCK HILL, SC 29730
ADAM J. WAGNER
507 FACTORY STREET
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1)
above: SAME
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold: UNKNOWN
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 8029
Hamsburg, PA 17105-8029
5. Name and address of every other person who has any record lien on the property:
UNKNOWN
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: UNKNOWN
7. Name and address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
507 FACTORY STREET
CARLISLE, PA 17013
(In the preceding information, where addresses could not be reasonably ascertained, the same is
indicated.)
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.
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: March 5, 2010
U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
PLAINTIFF
VS.
ADAM J. WAGNER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 09-8611 CIVIL
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 02, 2010
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
507 FACTORY STREET
CARLISLE, PA 17013
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 09-8611 CIVIL JUDGMENT AMOUNT $79,650.79
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
ADAM J. WAGNER
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR_ PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Baz Association
32 South Bedford Street
Cazlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Cazlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open. the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you aze aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding pazagraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office -Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the 5th Ward of
the Borough of Cazlisle, Cumberland County, Pennsylvania bounded and described as follows:
BEGINNING at a point on the East side of Factory Street, which point is at line of land now or formerly
of Emma J. Cline; thence by the East side of Factory Street in a northerly direction, 25 feet to a point at
line of land now or formerly of Levi Stum; thence by said land in an easterly direction, 59 feet to a
point; thence by the same in a southerly direction, 03 feet to a point; thence by the same in an easterly
direction, 49 feet to an iron pin at line of land now or formerly of Albert C. Tritt; thence by said land in
a southerly direction, 46 feet to a point at line of land now or formerly of Harry Kauffman; thence by
said land in a westerly direction, 49 feet to a point at line of land now or formerly of Emma J. Cline;
thence by said land in a northerly direction 24 feet to a point; thence by the same in a westerly direction,
59 feet to the place of BEGINNING.
BEING PART OF Lot No. 10 and Lot No. 11, Block 8, as shown in Plan of Lots of Carlisle Land and
Improvements Company, as recorded in the Cumberland County Recorder of Deeds Office in Misc.
Book 11, Page 572.
HAVING thereon erected a dwelling known and numbered as 507 Factory Street, Carlisle, PA 17013.
PARCEL NO.: 06-20-1798-110.
SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of
record; and SUBJECT to any state of facts an accurate survey would show.
BEING THE SAME PREMISES WHICH Joseph R. Podlucky et al by deed dated 7/12/07 and recorded
7/17/07 in Cumberland County Record Book 280 Page 4907, granted and conveyed unto Adam J.
Wagner.
Coal and coal bed methane gas and mining rights and all rights incident to the extraction or development
of coal or coal bed methane gas heretofore conveyed, excepted and reserved by instruments of record;
the right of surface, lateral or subjacent support; or any surface subsidence.
NOTICE: "THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN AND THE OWNER OR OWNERS OF SUCH COAL
MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN
THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY
HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND"
[This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
OIL AND GAS EXCEPTION: Oil and gas and minerals and all rights incident to the extraction or
development of oil and gas or minerals heretofore conveyed, leased, excepted or reserved by instruments
of record.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEgLTH OF PENNSYLVANIA) NO 09-8611 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION TRUSTEE
FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s)
From ADAM J. WAGNER
(1) You are directed to levy upon the property of the defendant (s}and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $79,650.79
L.L. $.50
Interest $1,606.50 -PER DIEM OF $10.71 TO SALE DATE 6/2/2010
Atty's Comm
Due Prothy $2.00
Atty Paid $165.50 Other Costs LATE CHARGES $16.32 PER
MONTH TO SALE DATE 6/2!2010 -- ESCROW DEFICIT $1,995.57
Plaintiff Paid
Date: MARCH 9, 2010
(Seal)
REQ'~S i ING PARTY:
Davi D. Buell, rothonotary
By:
Deputy
Na.ne LE01~1 P. HALLER, ESQUIRE
Address: PI3RCELL, KRUG &HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4178
Supreme Court ID No. 15700
On March 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Carlisle Borough, Cumberland County, PA,
Known and numbered as, 507 Factory Street, Carlisle,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: March 22, 2010
By:
Rea Estate Coordinator
Z~..v~ ,,~ 0 ~ ~1}~ CiiOL
__ -
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,
V1Z:
April 16, Apri123, and Apri130, 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.
Li Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
0 da of Aril 2010
/~
Gt.
Notary
NUiARIAL SEAL
DE80RAH A COLUNS
Notary Public
CARLISLE 80ROtiGH, CUMBERLAND COUNTY
My Commission Expins Apr 26, 2014
watt xe. xoox-as1>< ciu
US Bank National Association as
Trustee for JP Morgan 2005-51
vs.
Adam J. Wagner
Atty: Leon P. Haller
ALL THAT CERTAIN tract of land
with the improvements thereon
erected, situate in the 5th Ward of
the Borough of Carlisle, Cumberland
County, Pennsylvania bounded and
described as follows:
BEGINNING at a point on the East
aide of Factory Street, which point
is at line of land now or formerly of
Emma J. Cline; thence by the East
side of Factory Street in a northerly
direction, 25 feet to a point at line of
land now or formerly of Levi Stum;
thence by said land in an easterly
direction, 59 feet to a point; thence
by the same in a southerly direction,
03 feet to a point; thence by the same
in an easterly direction, 49 feet to
an iron pin at line of land now or
formerly of Albert C. Tritt; thence by
said land in a southerly direction, 46
feet to a point at line of land now or
formerly of Harry Kauffman; thence
by said land in a westerly direction,
49 feet to a point at line of land now
or formerly of Emma J. Cline; thence
by said land in a northerly direction
24 feet to a point; thence by the same
in a westerly direction, 59 feet to the
place of BEGINNING.
BEING PART OF Lot No. 10 and
Lot No. 11, Block 8, as shown in
Plan of Lots of Carlisle Land and
Improvements Company, as recorded
in the Cumberland County Recorder
of Deeds Office in Misc. Book 11,
Page 572.
HAVING thereon erected a dwell-
ing known and numbered as 507
Factory Street, Carlisle, PA 17013.
PARCEL NO.: 06-20-1798-110.
SUBJECT to all covenants, re-
strictions, reservations, easements,
conditions and rights appearing of
record; and SUBJECT to any state
of facts an accurate survey would
show.
BEING THE SAME PREMISES
WHICH Joseph R. Podlucky et al by
deed dated 7 / 12 / 07 and recorded 7/
17/07 in Cumberland County Record
Book 280 Page 4907, granted and
conveyed unto Adam J. Wagner.
Coal and coal bed methane gas
and mining rights and all rights
incident to the extraction or devel-
opment of coal or coal bed methane
gas heretofore conveyed, excepted
and reserved by instruments of re-
cord; the right of surface, lateral or
subjacent support; or any surface
subsidence.
NOTICE: "THIS DOCUMENT MAY
NOT SELL, CONVEY, TRANSFER,
INCLUDE OR INSURE THE TITLE TO
THE COAL AND RIGHT OF SUPPORT
UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO
HEREIN AND THE OWNER OR OWN-
ERS OF SUCH COAL MAY HAVE THE
COMPLETE LEGAL RIGHT TO RE-
MOVE ALL OF SUCH COAL AND, IN
THAT CONNECTION, DAMAGE MAY
RESULT TO THE SURFACE OF THE
LAND AND ANY HOUSE, BUILDING
OR OTHER STRUCTURE ON OR IN
SUCH LAND."
This notice is set forth in the man-
nerprovided in Section 1 of the Act of
July 17, 1957, P.L. 984, as amended,
and is not intended as notice of unre-
corded instruments, if any.]
OIL AND GAS EXCEPTION: Oil
and gas and minerals and all rights
incident to the extraction or develop-
ment of oil and gas or minerals here-
tofore conveyed, leased, exceptcd or
reserved by instruments of record.
~, The Patriot; News Co.
'~' 2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
c'~e~latriot News
NOw you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 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 duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
04/16/10
orn to an , bscribed before m~ this y pf May, 2010 A. D.
Notary
c~MM_ OIVW~~1~ LYANL4
WopM1M MN
SherrlR L. KINwr, Notary vubNc
Lower rN~ TWDv DrtuQh~ County
rry Commhglon ~~ troy, 26, 2011
04/23/10
04/30/10
Member, Penmyhr~nla Ateodadon of Notaries
The Patriot-News Co.
w ,' 2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
~he~latriot-News
NOw you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 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 duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
04/16/10
04123/10
04/30/10
Sworn to an bscribed before m 'this~~ ypf May, 2010 A.D.
~, ~
~~u~._ ~
Notary Public
COMMdNW, N LVANIA
Nt,~l ~eN
Sh11M11 L. Khrler, Notary Publk
Lower P#7ttor-'1'VMp., Deuphln County
My CommldMofl Nov. x6, 2011
Member, PennSyNenla q~cydaHon of Notsrles
a
~ tlb.
t>~f1'1 ~.
~~ ~`~
ALL TEtAT'C$~iTAIN:tract of laed wjift .the,
itoprovemanta iheraeu eraxcd, sites is the Sth
Ward of the'$orongh of Carlisle` Cumbettund
~h:''YJ+'ania botnxled atd de.9at'be~l u
f~gvts:
B G at a point on thta East Heide of .
~, w1~6.poihtis at bne of land nog
orfonneily of BuennsJ:Clina; thence 1ty tBe
side of Factory in a.nattlKriy ditectlon,'25.
fact to aat at line of land now or fotma~ly of
Levi Stnm; thet~e ~ said land is ap easterly,
direction; 39fedto apaint:l~ocfiy dte sartticin
a so~tealy dkra~ion; 03~feefd~ a paint; tiraece by
the s~o a in an ea9D~y dineedgn, 49;~Cot tb'ae iron
pin at line'of land note a fsrmerly of Albat'C:
Tritt; thence by said hud•'m a soly direction,
46 feet to apoint atlineof landnow or formerly of
Harry Kauffman; thenceby said landing westerly
diruxion, 49 feet to a point at line of land now or
forhialy of Emma J. Cline; thence: by said land
is a nottLaly direction 24 feetto a point;. thence
by the same in a westerly direction, 59 feet to the
place of BEGIlVIVING.
BEMG'PART OF Lot No. 10 attd Lot No. 11,
Block 8, as shownin Plan of Lots of Carlisle Land
and Impmvements Company, as recorded in the
Cumberland Coumy Recorder of Desds Officein
Misc. Book 11, Page 532.
HAVING thereon etectod a dwelling known a~
numbered as 507 Factory. Streot, Carlisle, PA
17013. -
PARCEL NO.:'06-20-1798-110.
SUBJECT to all covenants, restrictiots,
eservatians, easements, condi6ona and rights
.appearing of record; eruct SUBJ~CI' fQ any state
of facts an accnratc stµvey, would sue'.:
_ SJ~ ,
R ~ ` ' et ~ by dad dtwtl 7l1:?~tlJ atiat
NC/A7, is C'~et~ad'C~9' laemd
>~ ~` 49F~, ptwlltM~trieeea-~led tatibrl
~1.1N~rrtc
Cd nerd Coal had inathYne gas;pnd ipining
ri and al]'rlghts'incideffi to tht; extraction
or developmoat of.coal ~ coal bed atttlane gas.
he~o£o~re conveyed, excepted apd reserved by
insdntaaetus otrecad', the tightofsotface; lateral
err ttibjitcera auppott; of any stnface subsidence.
Nd$iCE~: "Tkl~$ Df)CUI~tENT MAY NOT
SLtEd.,, CdNV$1'; ,TRANSFER, INCLUDE
0~ IN~SiI~tE THR T1TLE Tb THE CO11L
AND RltiH7' OF S1dI'PORT' UNDFaENEA'Tfi
THIq 5L1~AdCE LAND bESCRIl3ED ~3R
Rl~6RRlrD Tb HEitE1hI ANb Tf1E t>•V`4Vf+1t
Olt; ~WNIaR$ t7F; SiICFJ COAL h1AY_
HAV'~ 'C13$,COHfPI,LE LL{3AL RIGFI'T
TO RBMt)\-E ALL O31,3UC'Ii COAL AND,
IN TFT~' CONIVEtfION, DA1P[AGE MAY
RB$~IL.T'1'0 THE SfJRl;l1CE OIi THE LAND
AID ANY 3i()U5E1 Bi11f331~1G OR O'!'HER
S7~ItIJCI`f1RE Or{ OR f!`I SUCH LAND"
Tins nodce~s set forth' ui the m
Sscdon l pf iht Aa of hdy 17, X957 P.L. 984,
as`amended,' and. is na intended as notico; of
unrecorded inst+rmmemis, ~ any.]
011. AND GA$ R1CCi~''fION: Oil'and gas and
adnatals and nll rigtea'incident tb the expaaron or
devE~nseat of ~ asal pa or nliaaais herespd~'nte
conveyed leased, excepted ix teearved s%'
ianaime~nta of ancad.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which PENNSYLVANIA HOUSING FIN AGENCY TR is the grantee the same
having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ
Execution issued on the 9TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said
County as of Civil Term, 2009 Number 8611, at the suit of PENNSYLVANIA HOUSING FINANCE
AGENCY against ADAM J WAGNER is duly recorded as Instrument Number 201018448.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 9
~~`l , A.D. ,20 / ~
day of
Recorder of Deeds