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HomeMy WebLinkAbout10-5276r ' Leon 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 C. WARFEL AND CHRISTINA M. WARFEL Defendants 07010 MG I) PM 5-'.0a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 10 - sa-lip e4- vi l7G-m 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. 0 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE # 4a. W PIE) a r. Y CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Clt 19R843 CARLISLE, PA 17013 717-249-3166 aq 4 b cy_ U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. ADAM C. WARFEL AND CHRISTINA M. WARFEL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 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 C. WARFEL AND CHRISTINA M. WARFEL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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. Defendants, ADAM C. WARFEL and CHRISTINA M. WARFEL, are adult individuals whose last known address is 883 PIKETOWN ROAD HARRISBURG, PA 17112. 3. On or about, August 18, 2006, the said Defendants executed and delivered a Mortgage Note in the sum of $91,040.00 payable to NATIONAL CITY MORTGAGE a division of NATIONAL CITY 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, Defendants 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 August 22, 2006 in Mortgage Book 1963, Page 360 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 October 26, 2006 in Mortgage Book 731, Page 2746. 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: 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 01, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $15.48 per day From 12/01/2009 To 09/01/20 10 ( based on contract rate of 6.3750%) Accumulated Late Charges Late Charges $22.72 From 01 /01 /2010 to 09/01/2010 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $87,390.67 $4,241.52 $159.04 $181.76 $3,087.48 $4,369.53 $99,430.00 **Together with interest at the per diem rate noted above after September 01, 2010 and other charges and costs to date of Sheriffs 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 Defendants by letters dated March 18, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the March 18, 2010 Act 6 Notices is 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 Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them 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 6.3750% ($15.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date f 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) NOTE L, t:HA Case No. Multistate L 4417828588- 703 August 18, 2006 [Date l 148 S ENOLA DR, ENOLA, Pennsylvania 17025 [Property Address] 0004802373 -7 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means National City Mortgage a division of National City Bank 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 sum of NINETY ONE THOUSAND FORTY & 00/100 Dollars (U.S. $ 91, 040.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate. of SIX AND THREE-EIGHTHS percent( 6.375 %) 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 Note. 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 October 1 , 2006 . Any principal and interest remaining on the first day of September 2036 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at National City Mortgage Co. P O Box 17677 Baltimore, MD 21297-1677 or at such place as Lender 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. $ 567.98 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 allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ?Graduated Payment Allonge ?Growing Equity Allonge ?Other [specify] 5. 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 first day of any month. Lender 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. FHA Multistate Fixed Rate Note - 10/95 -1 R (0210).01 of 2 VMP Mortgage Solutions (B00)52n'l 2 Page y11, ?' J ;?;, 7 I IIIIII? II I ?I?I IIIIII [III ??II I II (. BORROWER'S FAILURE 1'O PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full 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 case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and 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 Lender 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. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be 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 Lender under this Note will be given by first class mail 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 made 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 promises made in this Note. Lender 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 this Note. Ij . - Seal Ci- A ?- ( ) (seal) CH TINA M WARFEL -Borrower AM C WARFEL -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY WITHOUT R URSE NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK i ?- -1 R (021001 // Page 2 of 2 L ?`-L-£-K A EVANS, MORTGAGE OFFICER A,L THAT CERTAIN lot or piece of ground, situate in the Township of East Pennsboro, County of Cumberland, and State of Pennsylvania, described in accordance with a survey and plan thereof, dated January 9, 1978 by D. P. Raffensperger Associates, as follows, to wit: BEGINNING at a point by the intersection of the southerly right-of-way line of East North Avenue with the easterly right-of-way line of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a corner of Lot No. 10 on the hereinafter mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the aforesaid southerly right-of-way line of South Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the Place of BEGINNING. BEING Lot No. 11, Block "C" of Plan of Arthur C. Rupley, as recorded in Deed Book "O", Volume 6, Page 600 and having thereon erected a two and one-half story frame dwelling. Pennsylvania Housing Finance Agency Accounting & Loan Servicin 211 North Front Street, Y. O. Box 15057 Harrisburg PA 1 71 05-5 05 7 (800) 346-3597 !AX (717) 780-3899 17Y (717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 3/18/2010 RE: Account No. 1436740 CHRISTINA WARFEL ADAM WARFEL 883 PIKETOWN RD HARRISBURG, PA 17112-9063 RE: 148 S'ENOLA DR ENOLA, PA 17025-2713 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 148 S ENOLA DR, ENOLA, PA 17025-2713, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $793.00 for 1/2010 through 3/2010 for a total of $2,379.00. Late charges and NSF charges that have accrued to this date in the amounts of $45.44 and $.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 $2,424.44. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $2,424.44, 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 STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means 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 mortgageed rP opert Y. 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 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. FH AACT/dtn-docs/ALSV/ 1 ?(1C t 1 V/ 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 Ps foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's 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 Sheriff's 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 LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE 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 0 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. TL G/ Sincerely, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 FHAACT/dtmdocs/ALSW Pennsylvania Housin . Finance NOTICE 3/18/2010 CHRISTINA WARFEL ADAM WARFEL 883 PIKETOWN RD HARRISBURG, PA 17112-9063 RE: Account #1436740 TO: CHRISTINA WARFEL ADAM WARFEL 148 S ENOLA DR ENOLA, PA 17025-2713 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY :accounting & Loan Servicing 211 North Iron[ Street, P.O. Box 15057 Harrisburg, PA 1 71 05-5 05 7 (400) 346-3597 FAX (717) 780-3899 TTY ('717) 780-1869 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 ("HUD") 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. Attachment: Housing Counseling List FHAACT/dtn-docs/ALSW *** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 NACA 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 PHILADELPHIA COUNCIL OF COMMINITY ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 FHAACT/dtmdocs/ALSW Raw PnAgawstul ml *an mN o0 POPVMrd 86aiano0 aauwnaulON HOW Pa!> liso Uva wo muwuSod "Aims pood sn S . S ae.A V 96e190d 10101 AAMISO Pepppew £ • Z 99-4 idlBoeH Wn3eH 301AH3S 0 8 . Z e9j PeWOO 1d1303H ::. 958POd NHfLL3H N D U) N No WP+'N vo 3 r 0 H W W° M d, U) E- p .a H ch P4 co 0 ..mss M1 H ''i W IRW 1 Al *on ION oa pap?d aOwwao woumMMW ON lion P91111jao jot ASOSa UVO Ho WJWUSod •oIN•s 1ote°d sn iS'S ws"wd H £ Z Nd VJRO H Wr4ou 301AH3S e eed Pe1NU o 1d13o3H O $ ' Z NHn13H VIP? ' a n,7_ anusr 0086 uuo? Sd 0VL9£Vt:3GN3a3d3d izasSya '-d3GN39 3 N c ' 9 Z 0 Lt VcI ' VgOtM xa vtoHa s sVt 'I2[AUVM KNILSIdHO '-Q1 0042 069L 4fi46 106E 09TL J s M Tea `(?a 6 a 4 ci X d - 0 i? G9 £ ?t ?3?N3?13d3d A W .0 ?ti yygSSys ?d3GN3S --- ???JJJ ? to _ ? W* a w a c Ztt Lt did' J2u18SI2Rt Q E Ch cm MOIZXid £88 p ` IZSIUHO :QL r ?ili F ZH32?M R+ _ p fJ? Pa H MEME A < H tY1 L192 0692 4h46 506E 091t # I _ r` OD M t w .r I d '7160 3401 4848 7640 2624 TO: ADAM WARFEL 148 S ENOLA DR ENOLA, PA 17 0 2 5 a SENDER: BASSETT a f3. N REFERENCE: 14367 4 0 co PS Form 3800 January 2005 RETURN P0GtaQ9 .44 FA 'a FA to, > R CD O CODn ? a o ? m 0110 Pr FA ?Lq o ? N C7 1-3 T RECEIPT SERVICE Certified Fee 2.80 3 Q - Retum Receipt Fee 2.30 Restricted Delivery • Tow Postage & Fees 5.51 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No lnvx m Coverage ProvkW t Do Nat Use for Intemadonal Mal ?d nr n o0 Dot - co co C INA a ?rr z C : ?+ W AN - :•' O H $ Wr 3 I 3 r+ = a 1 ° 7160 3901 9848 76% 2631 'b a ILL TO: ADAM WARFEL ?t xtl 2. 883 PIKETOWN RD ti o W h % HARRISBURG,PA 17112 Cn N W ? -- ht Lu tjj SENDER: BASSETT s . (? T REFERENCE:14 3 6 7 4 0 PS Form 3800 Jaeua 2005 Q RETURN Postage .4 n RECEIPT -44 Certified Fee 2 8 +, SERVICE . ti' rs r a Retum Receipt Fee 2.3 1 Reshk:ted DeNve c Tow Postage & Fees 5.5 y J e US Postal Service POSTMARK OR DATE Receipt for 0 o 21 Certified Mail Cj Na kawrarx. Coveag. Provkled 00 Not Use 1w IMemational Mal 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. Juli Director of Accounting and Loan Servicing /to PENNSYLVANIA HOUSING FINANCE AGENCY <?I ? Date: SERVICING AGENT FOR U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank National Association vs. Adam C. Warfel (et al.) ~,~~~~xtr oC ~uo~brrf~n . ~f:f.. t~FiCE t;F rrE&i`ERI€~ Fl~~` t~F T~'t~ P'~TN~",#~TARY CUIt~"~~-.~i?~~°ti~ COUMY PEN1~iSYUlr'1NW i Case Number 2010-5276 SHERIFF'S RETURN OF SERVICE 08/12/2010 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: Adam C. Warfel, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/12/2010 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: Christina M. Warfel, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/16/2010 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: Occupant of 148 S. Enola Drive, Enola, PA 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 148 S. Enola Drive, Enola PA 17025 is vacant. 08/17/2010 10:37 AM -Dauphin County Return: And now August 17, 2010 at 1037 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Adam C. Warfel by making known unto Christina M. Warfel, Wfe of defendant at 883 Piketown Road, Harrisburg, PA 17112 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/17/2010 10:37 AM -Dauphin County Return: And now August 17, 2010 at 1037 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christina M. Warfel by making known unto herself personally, at 883 Piketown Road, Harrisburg, PA 17112 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $87.94 August 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. Mary Jane Snyder Charles E. Sheaffer Real Estate Depu ~ Chief Deputy William T. Tully ' Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-65fl6 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania US BANK NATIONAL ASSOCIATION VS County of Dauphin CHRISTINA M WARFEL Sheriff s Return No. 2010-T-273 8 And now: AUGUST 17, 2010 at 10:37:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon CHRISTINA M WARFEL by personally handing to CHRISTINA M WARFEL 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 883 PIKETOWN ROAD HARRISBURG PA 17112 OTHER COUNTY CASE # 20105276 ~~~ So Answers, ~~~ Sheriff of Dauphin County, Pa. Deputy: W CONWAY Plaintiff: US BANK NATIONAL ASSOCIATION Sheriffs Costs: $68.5 8/16/2010 Out Of County Cost: SWOTII t0 a.Dd before. rrlle this t ~ day f ~ V S A D~ ~. Q!~'t~ t ~r D1~ PR HONOTARY DAUPHIN COUNTY CO MISSION EXPIRES lST MONDAY JANUARY, 20~ Mary Jane Snyder Charles E. Sheaffer Real Estate Depu Chief Deputy .~. William T. Tully • Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania US BANK NATIONAL ASSOCIATION VS County of Dauphin CHRISTINA M WARFEL Sheriff s Return No. 2010-T-2738 And now: AUGUST 17, 2010 at 10:37:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon ADAM C WARFEL by personally handing to CHRISTINA WARFEL 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 883 PIKETOWN ROAD HARRISBURG PA 17112 OTHER COUNTY CASE # 20105276 SPOUSE OF ADAM ~~~ Deputy: W CONWAY Plaintiff: US BANK NATIONAL ASSOCIATION Sheriffs Costs: $68.5 8/16/2010 Out Of County Cost: So Answers, ~~~ Sheriff of Dauphin County, Pa. Sworn to and subsc~ri~bed before me this.;L_ day of /~ vS't. A. ~~~ PRO H N A A C U • ~ CO MISSION EXPIRES IS"I' IM NDA JANUARY, 20 ~~'' U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-5276 MORTGAGE FORECLOSURE -, c s -: `L. PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) r113 CD -Tj FYI ADAM C. WARFEL and CHRISTINA M. WARFEL 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 $87,390.67 Interest $4,241.52 Per diem of $15.48 From 12/01/2009 To 09/01/2010 Accumulated Late Charges $159.04 Late Charges $181.76 ($22.72 per month to 09/01/2010) Escrow Deficit $3,087.48 5% Attorney's Commission $4,369.53 TOTAL $99,430.00 "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. pd.`Jtl-U6 fiNy 14ilMr 00'K611 ail & rn? e PURCELL, KRUG & HALLER By Leon P er PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-5276 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on September 10, 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 C. WARFEL AND CHRISTINA M. WARFEL Defendant DATE OF THIS NOTICE: September 10, 2010 TO: ADAM C. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5276 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE 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 & HALL By / LEON P. HAMER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 r U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. ADAM C. WARFEL AND CHRISTINA M. WARFEL Defendant DATE OF THIS NOTICE: September 10, 2010 TO: ADAM C. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 CHRISTINA M. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5276 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE 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 & HALLE By LEON P. 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 C. WARFEL CHRISTINA M. WARFEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-5276 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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 LEON P LLER, ESQUIRE C COMMONMALM F - I N©TAFIIAL 59AL PAARYLAND K, Rf:VvMIRMT1, NptAry Public M Cc misisslo 1 n f"xpiresuAug 2014 before me this / l day of " ) , 20_ZO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5276 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 C. WARFEL AND CHRISTINA M. WARFEL (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$99,430.00 L.L.$.50 Interest $2,817.36 - PER DIEM OF $15.48 TO SALE DATE 3/2/2011 Atty's Comm % Atty Paid $220.44 Due Prothy $2.00 Other Costs LATE CHARGES - $113.60 - $22.72 PER MONTH TO SALE DATE 3/2/2011 ESCROW DEFICIT - $2,000.00 Plaintiff Paid * PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE Date: November 23, 2010 (Seal) David D. ell, Prothon tary By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: PURCELL, KRUG & HALLER, 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 10-5276 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) Total Judgment Amount $99,430.00 Interest $2,817.36 Per diem of $15.48 to sale date 3/2/2011 Late Charges $113.60 $22.72 per month to sale date 3/2/2011 Escrow Deficit $2,000.00 TOTAL WRIT $104,360.96 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, March 02, 2011 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: November 18, 2010 Attorney for Plaintiff 1719 North Front Street Leo . aller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 Date: 2a?:Pv PPROTHONOTARY/CLI?RK CIVIL DIVISION BY DEPUTY V4 ALL THAT CERTAIN lot or piece of ground, situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated January 9, 1978 by D.P. Raffensperger Associates, as follows, to wit: BEGINNING at a point by the Intersection of the southerly right-of-way line of East North Avenue with the easterly right-of-way line of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a corner of Lot No. 10 on the hereinafter mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the aforesaid southerly right-of- way line of South Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the place of BEGINNING. BEING Lot No. 11, Block "C" of Plan of Arthur C. Rupley, as recorded in Cumberland County Deed Book "O", Volume 6, Page 600. HAVING THEREON ERECTED A DWELLING KNOWN AS 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 BEING THE SAME PREMISES WHICH Thomas E. Levarto, Jr. and Amy J. Levarto by deed dated 8/15/06 and recorded 8/22/06 in Cumberland County Record Book 276 Page 1336 granted and conveyed unto Adam C. Warfel and Christina M. Warfel. PARCEL NO.: 09-15-1291-154. TO BE SOLD AS THE PROPERTY OF ADAM C. WARFEL AND CHRISTINA M. WARFEL ON JUDGMENT NO. 10-5276 .. WE FO T H 211110 NOV 22 PH 4 : 05 ? ??V 9y u 06 1 ?0 Qa ) 41 q-?, DID ?u? ?°• L S-0 L ?U?u??? U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) NO. 10-5276 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): ADAM C. WARFEL 883 PIKETOWN ROAD `' _fry HARRISBURG, PA 17112 ADAM C. WARFEL w; `.?? - rya rv 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 - - CHRISTINA M. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 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): Redevelopment Authority of Cumberland County 114 North Hanover Street Room 103 Carlisle, PA 17013 MERS P. O. Box 2026 Flint, MI 48501 GMAC Mortgage LLC 7 Carnegie Plaza Cherry Hill, NJ 08003 GMAC Mortgage P. O. Box 4622 Waterloo, IA 50704 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 (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. Le aller PA I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 18, 2010 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-5276 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: ' -y` That the Sheriffs Sale of Real Property (real estate) will be held: CD j DATE: Wednesday, March 02, 2011 rJ TIME: 10:00 O'clock A.M. = 77 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: 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-5276 JUDGMENT AMOUNT $99,430.00 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: ADAM C. WARFEL and CHRISTINA M. WARFEL 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 lot or piece of ground, situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated January 9, 1978 by D.P. Raffensperger Associates, as follows, to wit: BEGINNING at a point by the Intersection of the southerly right-of-way line of East North Avenue with the easterly right-of-way line of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a corner of Lot No. 10 on the hereinafter mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the aforesaid southerly right-of- way line of South Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the place of BEGINNING. BEING Lot No. 11, Block "C" of Plan of Arthur C. Rupley, as recorded in Cumberland County Deed Book "O", Volume 6, Page 600. HAVING THEREON ERECTED A DWELLING KNOWN AS 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 BEING THE SAME PREMISES WHICH Thomas E. Levarto, Jr. and Amy J. Levarto by deed dated 8/15/06 and recorded 8/22/06 in Cumberland County Record Book 276 Page 1336 granted and conveyed unto Adam C. Warfel and Christina M. Warfel. PARCEL NO.. 09-15-1291-154. TO BE SOLD AS THE PROPERTY OF ADAM C. WARFEL AND CHRISTINA M. WARFEL ON JUDGMENT NO. 10-5276 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) NO. 10-5276 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on a(?-b ) dCU 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 C. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 - ° -' ADAM C. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 J, CHRISTINA M. WARFEL 77 148 SOUTH ENOLA DRIVE - ENOLA, PA 17025 CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 Redevelopment Authority of Cumberland County 114 North Hanover Street Room 103 Carlisle, PA 17013 MERS P. O. Box 2026 Flint, MI 48501 GMAC Mortgage LLC 7 Carnegie Plaza Cherry Hill, NJ 08003 GMAC Mortgage P. O. Box 4622 Waterloo, IA 50704 Atffineys 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 NICHOLE M. STALEY O'GORMAN LISA RYNARD ADAM C. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 ADAM C. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 CHRISTINA M. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 Redevelopment Authority of Cumberland County 114 North Hanover Street Room 103 Carlisle, PA 17013 MERS P. O. Box 2026 Flint, MI 48501 Aqve& j -? ?' dl?" 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 HERSHEY (717)533-3836 GMAC Mortgage LLC 7 Carnegie Plaza Cherry Hill, NJ 08003 GMAC Mortgage P. O. Box 4622 Waterloo, IA 50704 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 bein ified of said Sheriffs Sale. By: Le.qwfo . Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-5276 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, March 02, 2011 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: 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-5276 JUDGMENT AMOUNT $99,430.00 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: ADAM C. WARFEL and CHRISTINA M. WARFEL 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) clays 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 lot or piece of ground, situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated January 9, 1978 by D.P. Raffensperger Associates, as follows, to wit: BEGINNING at a point by the Intersection of the southerly right-of-way line of East North Avenue with the easterly right-of-way line of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a corner of Lot No. 10 on the hereinafter mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the aforesaid southerly right-of- way line of South Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the place of BEGINNING. BEING Lot No. 11, Block "C" of Plan of Arthur C. Rupley, as recorded in Cumberland County Deed Book "O", Volume 6, Page 600. HAVING THEREON ERECTED A DWELLING KNOWN AS 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 BEING THE SAME PREMISES WHICH Thomas E. Levarto, Jr. and Amy J. Levarto by deed dated 8/15/06 and recorded 8/22/06 in Cumberland County Record Book 276 Page 1336 granted and conveyed unto Adam C. Warfel and Christina M. Warfel. PARCEL NO.: 09-15-1291-154. TO BE SOLD AS THE PROPERTY OF ADAM C. WARFEL AND CHRISTINA M. WARFEL ON JUDGMENT NO. 10-5276 7160 3901 9849 1136 4606 TO: ADA M C. WARFEL 883I'IKETOWN ROAD HARIISBURG, PA 17112 SENDER: PHFA/WARFEL REFERENCE3NOS 03/02/11 ? RETURN Postage ? - RECEIPT Certified Fee SERVICE 0.61 2 80 Return Receipt Fee . Restricted Delivery 2.3 0 Total Postage & Fees 10.21 US Postal Service Receipt for Certified Mail No Insurance A r DO Not Use for 1 tarW Mall ? 7160 3901 9849 1138 4563 TO: CHRISTINA M. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 SENDER: PHFA/WARFEL REFERENCENOS 03/02/11 7160 3901 9849 1138 4590 TO: ADAM C. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 SENDER: PHFA/WARFEL REFERENCEi40S 03/02/11 i RETURN Postage 0.61 RECEIPT SERVICE Certified Fee 80 Return Receipt Fee 2.30 Restricted Delivery 4.50 Total Postage & Fees 10.21 US Postal Service A POSTIydCR A K 6" Receipt for Certified Mail r No Inwnvm Covenw Provided ` Do Not the for lnwn iwW Mail 7160 3901 9849 1138 4576 TO: CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 SENDER: PHFA/WARFEL REFERENCENOS 03/02/11 RETURN Postage 0.61 i RETURN Postage 0.61 RECEIPT Certified Fee i SERVICE 2.80 i RECEIPT Certified Fee 2.80 Return Receipt Fee 30 SERVICE Return Receipt Fee 2,30 Restricted Dairvery 4.50 Restricted Delivery 4.50 Total Pt+ataga & Fees 10.21 Total Postage & Fees 10.21 US Postal Service POSTMA US Postal Service PO seG c Receipt-for C Receipt for 0 Certified Mail Certified Mail T No W--- C--04P provkNd r 1 PO C2 _ Do Not Use for InNrrwliwwl Mail 4 `? 1 No Wmmm oe Ceverape Provided r^ u o Do Not Use 1w MNrnMiorW Mail PENNSYLVANIA HOUSING FINANCE AGENCY v. ADAM C. WARFEL CHRISTINA M. WARFEL Cumberland County Sale 3/2/2011 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 C. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 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 C. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 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: CHRISTINA M. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 ?,?Pctis P?T'? f ?'T80M?v lITNlY BOWES 02 ?V $ 01.15° 0004234324 DEC03 2010 MAILED FROM ZIPCODE 1 7102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Redevelopment Authority of Cumberland County 114 North Hanover Street Room 103 Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: MERS P. O. Box 2026 Flint, MI 48501 Postage: Postmark: ??PSES Pos;? F 7 al?W PITNEY BOWES 02 1NA $ 01.15° 0004234324 DEC03 2010 MAILED FROM 7_IPGODE 1 7102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: GMAC Mortgage LLC 7 Carnegie Plaza Cherry Hill, NJ 08003 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: GMAC Mortgage P. O. Box 4622 Waterloo, IA 50704 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postage: Postmarl : P 4?P?ES 44' PITW[Y BOWS 02 1M $ 01.150 0004284324 DEC03 2010 MAILED FROM ZIP CODE 1 710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. ADAM C. WARFEL CHRISTINA M. WARFEL Cumberland County Sale 3/2/2011 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: TENANT/OCCUPANT 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 '4 ES 14?j ? {'ITN(V ROWt"5 02mi $01.15° 0004284324 DEC 03 2010 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v 1'-e RIFF FILED-OFFICE C THE Tial ,y 73'1 APR I I AM 10: 37 CUMBERLAND COUNT`( PENNSYLVANIA US Bank National Association vs. Adam C. Warfel (et al.) Case Number 2010-5276 SHERIFF'S RETURN OF SERVICE 01/07/2011 03:04 PM - Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action upon the property located at 148 South Enola Drive, Enola, PA 17025, Cumberland County. 01/19/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Christina Warfel, who accepted forAdam C. Warfel, at 883 Piketown Road, Harrisburg, PA 17112. So Answers: J.R. Lotwick, Sheriff. 01/19/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Christina M. Warfel, personally, at 883 Piketown Road, Harrisburg, PA 17112. So Answers: J.R. Lotwick, Sheriff. 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Leon Haller, on behalf of US Bank National Association, Trustee for the Pennsylvania Housing Finance Agency, 211 North Front Street, Harrisburg, PA 17101, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $886.40 SO ANSWERS, April 08, 2011 RON R ANDERSON, SHERIFF --?:L $q8.66 I d . oC) ALL C'v S'0 IeL L..? (ci CountySuite Shenft_ Te eosoR inc ?-?- asy79y U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ADAM C. WARFEL CHRISTINA M. WARFEL, DEFENDANT(S) COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-5276 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): ADAM C. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 ADAM C. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 CHRISTINA M. WARFEL 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 CHRISTINA M. WARFEL 883 PIKETOWN ROAD HARRISBURG, PA 17112 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: UNKNOMN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Redevelopment Authority of Cumberland County 114 North Hanover Street Room 103 Carlisle, PA 17013 MERS P. O. Box 2026 Flint, MI 48501 GMAC Mortgage LLC 7 Carnegie Plaza Cherry Hill, NJ 08003 GMAC Mortgage P. O. Box 4622 Waterloo, IA 50704 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 (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. Le aller PA I.D. 415700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 18, 2010 ALL THAT CERTAIN lot or piece of ground, situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated January 9, 1978 by D.P. Raffensperger Associates, as follows, to wit: BEGINNING at a point by the Intersection of the southerly right-of-way line of East North Avenue with the easterly right-of-way line of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a corner of Lot No. 10 on the hereinafter mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the aforesaid southerly right-of- way line of South Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the place of BEGINNING. BEING Lot No. 11, Block "C" of Plan of Arthur C. Rupley, as recorded in Cumberland County Deed Book "O", Volume 6, Page 600. HAVING THEREON ERECTED A DWELLING KNOWN AS 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 BEING THE SAME PREMISES WHICH Thomas E. Levarto, Jr. and Amy J. Levarto by deed dated 8/15/06 and recorded 8/22/06 in Cumberland County Record Book 276 Page 1336 granted and conveyed unto Adam C. Warfel and Christina M. Warfel. PARCEL NO.: 09-15-1291-154. TO BE SOLD AS THE PROPERTY OF ADAM C. WARFEL AND CHRISTINA M. WARFEL ON JUDGMENT NO. 10-5276 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5276 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 C. WARFEL AND CHRISTINA M. WARFEL (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$99,430.00 L.L.$.50 Interest $2,817.36 - PER DIEM OF $15.48 TO SALE DATE 3/2/2011 Atty's Comm % Due Prothy $2.00 Atty Paid $220.44 Other Costs LATE CHARGES - $113.60 - $22.72 PER MONTH TO SALE DATE 3/2/2011 ESCROW DEFICIT - $2,000.00 Plaintiff Paid * PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE Date: November 23., 2010 t David D. Bue , Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: PURCELL, KRUG & HALLER, 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 TRUE COPY FROM RECORD in Testimony whereof, 1 here unto set my hand *"W of said Court at Carlisle, PaX) Tt>is of r.b @? , 20 .... ?? , ?nottwnotary On December 2, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 148 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 By: U ri I ?Coordinator Real ksfeL 15 Z d h Z AON 0101 „ r- ,rr y 14 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 ??he patriot-Veins 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 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. -hat 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 off:ce 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: 1/28111 2/4/11 2/11/11 a , Sworn to and sGbscribed befoi»e tks ?1 da,-of February, 2011 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheme L. Klsner, Notary Pubiic 3 ower Paxton Twp., Dauphin County ill r.ommiss 3n Expires Nov. 26, 2011 t9p?rthir.: nr,?,?cvi?=?nla k;,S(){i7ltlfnn nr Notarit= 2010-5276 C1W 7Awm Wg,:hnk 1 Asswarllpn Vs Adam C. WarfM Chrlsom M. Warfel, , Any: LsOn P. HMWr ALL THAT CERTAIN lot or piece of ground, situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, described in accordance with - a survey and plan thereof, dated January 9, 1978 by D.P. Raffensperger Associates, as follows, to wit: BEGDVMG at a point by the Intersection of the southerly right-of-way line of East North Avenue with the easterly right-of-way he of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a comer of Lot No. 10 on the hereinafter mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the aforesaid southerly right-of-way line of south Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the place of BEGINNING. BEING Lot No. 11, Block "C of Plan of Arthur C. Rupley, as recorded in Cumberland. County Deed Book "O° Volume 6, Page 600. HAVING THEREON ERECTED A DWELLING KNOWN AS 148 90UTH ENOLA MVE, EIy0I.4, PA JW BEM TFiIw &kW DES WMM Thomas E. Levarto, Jr. and Amy J. Levarto by deed dated 8/LS % and recorded 8020 in Cumberland County Record Book 276 Page 1336 granted and conveyed unto Adam C. Warfel and Christina M. Warfel. PARCEL NO.: 09-15-1291-154. TO BE SOLD AS THE PROPERTY OF ADAM C. WARFEL AND CHRISTINA M. WARFEL ON JUDGMENT NO. 10- 5276r 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: January 28, February 4, and February 11, 2011 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. Coyne, SWORTIT-TO AND SUBSCRIBED before me this 11 day of February, 2011 C Notary F OTARIAL SEA ORAH A COLLINS Notary Public UGH, CUMBERLAND COUNion Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-5276 Civil TINA M. WARFEL ON JUDGMENT NO. 10-5276. US Bank National Association Vs. Adam C. Warfel Christina M. Warfel Atty.: Leon P. Haller ALL THAT CERTAIN lot or piece of ground, situate in the Township of East Pennsboro, County of Cumber- land, and Commonwealth of Pennsyl- vania, described in accordance with a survey and plan thereof, dated Janu- ary 9, 1978 by D.P. Raffensperger Associates, as follows, to wit: BEGINNING at a point by the Intersection of the southerly right- of-way line of East North Avenue with the easterly right-of-way line of South Enola Drive; thence North 52 degrees 18 minutes 03 seconds East along said southerly right-of-way line of East North Avenue 156.60 feet to a point on the westerly side of First Alley; thence along the same South 21 degrees East 70.5 feet to a point, a corner of Lot No. 10 on the herein- after mentioned plan of lots; thence along the same, South 69 degrees West 150 feet to a point on the afore- said southerly right-of-way line of South Enola Drive; thence along the same North 21 degrees West 25.5 feet to a point, the place of BEGINNING. BEING Lot No. 11, Block "C" of Plan of Arthur C. Rupley, as recorded in Cumberland County Deed Book "O", Volume 6, Page 600. HAVING THEREON ERECTED A DWELLING KNOWN AS 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025. BEING THE SAME PREMISES WHICH Thomas E. Levarto, Jr. and Amy J. Levarto by deed dated 8/15/06 and recorded 8/22/06 in Cumberland County Record Book 276 Page 1336 granted and conveyed unto Adam C. Warfel and Christina M. Warfel. PARCEL NO.: 09-15-1291-154. TO BE SOLD AS THE PROPERTY OF ADAM C. WARFEL AND CHRIS- 64 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Pennsylvania Housing Finance Agency, Tr is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 22nd day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5276, at the suit of Pennsylvania Housing Finance A ency'Tr against Adam C & Christina M Warfel is duly recorded as Instrument Number 201110695. A.D. , -,? 0 l/ Recorder of Deeds, Cumbertand Courtly, Cadtale, PA My Commission Expires the First Monday of Jan. 2014 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / / day of