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HomeMy WebLinkAbout11-269771 ? f k Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com 4,1 F. r) I -4 r =< _ .'E U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. MICHAEL R. ADAMS AND NINA L. KREPS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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, 0 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 fi`1 rL? 414 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET A V1 CARLISLE, PA 17013 717-249-3166 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL R. ADAMS AND NINA L. KREPS, 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. MICHAEL R. ADAMS AND NINA L. KREPS, 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, MICHAEL R. ADAMS and NINA L. KREPS, are adult individuals whose last known address is 357 SHERWOOD DRIVE, CARLISLE, PA 17015. 3. On or about, October 30, 2006, the said Defendants executed and delivered a Mortgage Note in the sum of $127,492.00 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, 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 October 31, 2006 in Mortgage Book 1971, Page 551 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 31, 2006 in Book 731, Page 3321. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 357 SHERWOOD DRIVE, CARLISLE, PA 17015 and is more particularly described in Exhibit "C" 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 July O1, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $21.12 per day From 06/01/2010 To 04/01/2011 ( based on contract rate of 6.2500%) Accumulated Late Charges Late Charges $31.40 From 07/01/2010 to 04/01/2011 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $121,678.69 $6,441.60 $51.60 $282.60 $807.71 $6,083.93 $135,346.13 "Together with interest at the per diem rate noted above after April 01, 2011 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. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated September 10, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the September 10, 2010 Act 6 Notice is attached hereto and marked Exhibit "D". 9. 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. 10. 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 Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.2500% ($21.12 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 I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ?o. Mo F, 3 a Loan Number: 12306354 NOTE FHA CASE No. ?- 441-7864670 OCTOBER 30, 2006 // (Dare] 357 SHERWOOD DRIVE, CARLISLE, PENNSYLVANIA 17013 ?mPe?tY Addr?u) I- PARTIES "Borrower" means each PHILADELPHIA FINANCIAL person signing at the end of this Note, and the person's successors PENNSYLVANIA BANKING CORPORATION LEESPORT BANK,' "Lender"means OF A Z' BORROWER'S PROMISE TO PAY- IA and its successors and assigns. In return for a loan received from ? CREST TWENTY-SEVEN THOUSAND gp r' Borrower promises to (U.S.S 127, 492.00 R HUNDRED NINETY-TWOrlAND SUM of ONE From the date of disbursement of the )'Plus interest, ro AND 001100 ONE the order of Lender. Interco! Dollars Proceeds by Lender, at the rate of will be charged on id until the full amount of principal has been SIX AND 250/1000 principal, Paid. percent ( 6-250 3. PROA9ISE TO PAV SECL'R.ED %) per year Borrower's promise to pay is secured b date as this Note and called by a mortgage, deed of trust or similar ascots result if Borrower defaults uheeerSthisrNote.s merit." ty instrument that is dated the mine Protects the Lender ender from losses Which might MATINER OF PAYMENT (A) Time on BoDECEMBSR alke a Payment of principal and interest to NOVEMBER 1 , 2 006 Lender on the first 2036 Anyprincipal and interest ye of each month beginning (B) Piece will be due on that date, which is caled?„on the first day of Payment shall be "Maturity bete," PENNSYLVANIA made at 1767 SENTRY PARKWAY WESTY PARKWAY WEST, 19422 SUITE 220, BLUE BELL, (C) Amount or at such other place as Lender may designate in writing by notice to Borrower Each monthly payment of principal and interest will be ' This amount will be pert of a larger month) in the amount of U. S. 5 78 4 , 9 9 interest and other items in the y payment required b order described in the Security Instrument. mall be applied to principal, (D) Allonge to this Note for Payment Adrustments 'ran allonge providing tad a11°nge shall be into orfor payment edNsnaenra is executed b of this Nete. i"tD and shall amend end e y Borrower together with (Check applicable box.) supplement the covens this Note, th the covenants of e tsls of this Note an if f the allooge were a part n ? Growing Equity gllonge Oradueted Payment Allonge Other [specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced b day of any month, Lender shell accept Y this Note, for cite remainder of the Prepayment on other days to whole or is part, without charge or month to provided that Borrower penalty. on the first makes a parries rethe extent required by Lender and pays interest acrcthe amount P Prepayment, there will be no changes in the due Permitted b prepaid agrees in writing to those changes, by regulations of the S date or in the amount of the monthly Payment Unless sa Lender ML2TSTATB-PrrA FV= RATE N0,, (,..o De:rmm arneT., fns, faM 645-1362 Page 1 of Z i' 4 Jan.25. 2011 9:584M US BANK DOCUMENT.CUSTODY No. 0380 P. 4 6. BORROWER'S FAILURE TO 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 AND 000/1000 percent ( 4.000 y?) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Leader may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance retraining 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 Leader'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 Costa and Expenses If Lender has required immediate payment in full, as described above, Leader 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 Leader to give notice to other persons that amounts due have not been paid. S. 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 diet must be given to Leader under this Note will be given by first class mail to Lender at rite 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 sighs 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 vote 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 pages 1 and 2 of this Note. M/iG/ 1-2- a a,, (Seal) MICHAEL R ADAMS -Borrower - (Seal) -Borrower _. (Seal) -Borrower ?,MAAM (Beni) NINA L K.REPS ?- -Borrower - (Seal) -Borrower - (Seal) -Borrower Jan. 25. 2011 9:58AM US BANK DOCUMENT CUSTODY No.0)80 F, 5 ALLONGE LOAN: 12306354 Borrower(s): MICHAEL R ADAMS, NINA L KREPS PropertyAddresst 357 SHERWOOD DRIVE, CARLISLE, PENNSYLVANIA 17013 Principal Balance: $127,492.00 Loan Date: OCTOBER 30, 2006 PAY TO THE ORDER OF - PF?iNSYT VANTp Hf]t]ST it oTnrn?irv nrc,may Without Recourse Company Name: LEESPORT By: \ it (Name) FRED CONNOR Record Prepared by & Return to: U.S. Bank National Association c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 717-780-3800 or 1-800-346-3597 PIN / ID Number: 21050431027 Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ("PHFA"), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): MICHAEL R. ADAMS NINA L. KREPS Secured by the real property located at: 357 SHERWOOD DRIVE, CARLISLE, PA 17015 Municipality of. MIDDLESEX Original Principal Amount: $127,492.00 County Recorded in: CUMBERLAND Mortgage Recorded: October 31, 2006 Record Book: 1971 Page: 0551 Last Assignment to: PA Housing Finance Agency Record Book: 0731 Page: 3321 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 096, PHFA) [GUTSHALE] DATED: January 28, 2011 By: PENN YLVANIA HO SI G FI ANCE AGENCY 40forz Anthony J. Jul? Director of Accounting and Loan Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the day of 2011, before me, the undersigned officer, personally appeared Anthony J. Julian, Director of Acc unting and oan Servicing, an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal.. w12C&i Notary Publi MMON01MO 16F FNNMVANIA Noartal seal KlmballOy A. Ayala, Notary Public City d thni ury, Dauphin County MY 0XV111"M S ten' 15, 2015 CERTIFICATE OF RESIDENCE OF ASSIGNEE MEM9ER, PLtiNSY1.YANIA A$OUATIOM OF NOTARIES I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Pennsylvania 17 OS-5057 W Au o zed Officer G?-' I ?' P ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey made by Noel B. Smith, registered Surveyor, on March 29, 1973, as follows: BEGMING at a point in the center line of Thirty-three (33) feet wide Township Road T- 503 known as Sherwood Drive at the corner of land now or formerly of Harry Donnley; thence along the center line of said Township Road T-503, South 65 degrees 15 minutes 24 seconds East, a distance of Ninety-six and Ninety Hundredths (96.90) feet to a point; thence along line of land now or formerly of Lynell W. Wolf and wife, and through a partition wall of a frame shed, South 27 degrees 40 minutes 13 seconds West, a distance of Two Hundred Twenty-four and Eighty Hundredths (224.80) feet to a point; thence still along line of land now or formerly of Lynell W. Wolf and wife, South 32 degrees 12 minutes 32 seconds West, a distance of One Hundred Seventy-three and Ninety-eight Hundredths (173.98) feet to a post; thence South 84 degrees 32 minutes 33 seconds West, a distance of One Hundred Sixty-five and Thirty-nine Hundredths (165.39) feet to a point; thence along a fence, North 21 degrees 02 minutes 45 seconds East, a distance of One Hundred Thirty-eight and Eighty Hundredths (138.80) feet to a post, thence along a fence, South 64 degrees 28 minutes 15 seconds East, a distance of Ninety-nine atui Nineteen Hundredths (99.19) feet to a post; thence still along a fence, North 20 degrees 17 minutes 23 seconds East, a distance of One Hundred Forty-eight and Thirty-one Hundredths (148.31) feet to an iron pin; thence still along a fence, North 25 degrees 11 minutes 27 seconds East, a distance of One Hundred Ninety-five and Twenty-six Hundredths (195.26) feet to a point in the centerline of Thirty- three (33) feet wide Township Road T-503 known as Sherwood Drive at the plan of BEGINNING. The above described tract of land contains an area of one acre, more or less, and has the mailing address of 357 Sherwood Drive, Carlisle, PA 17013. I rennsyivanja Housing Finance Agent, A- ntin aXc Loan Servicin 211 North Pront .Street, 11. 0. Box 15057 Harrisburg, 1'A 17105-5057 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 9/10/2010 MICHAEL R. ADAMS NINA L. KREPS 357 SHERWOOD DR CARLISLE, PA 17015-9013 RE: Account No. 1461011 RE: 357 SHERWOOD DR CARLISLE, PA 17015-9013 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 357 SHERWOOD DR, CARLISLE, PA 17015-9013, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $994.00 for 7/2010 through 9/2010 for a total of $2,982.00. Late charges and NSF charges that have accrued to this date in the amounts of $114.40 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 $3,096.40. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $3,096.40, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, 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 M2ggaaeed rP operty. - 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. G(k-, bl- P1 I I FHAACT/dtmdocs/ALSV/ We may also sue you pcisonally for the unpaid principal balance anu al 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 in our office, 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 lt. 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 it 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. Sincerely, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/ FHAACT/dtmdocs/ALSW . rennsylivania Housing Finance AgenL A yjunting & Loan Servicing ?11 North Front Street, P. 0. Box 15057 Harrisburg, PA 1 71 05-505 7 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 NOTICE 9/10/2010 MICHAEL R. ADAMS NINA L. KREPS 357 SHERWOOD DR CARLISLE, PA 17015-9013 RE: Account #1461011 TO: MICHAEL R. ADAMS NINA L. KREPS 357 SHERWOOD DR CARLISLE, PA 17015-9013 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 ("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/dtmdocs/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: 800-8644909 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 ' i ?a N m Ul N Ul A s r o S o r 0 m i o M1 JS t- tn Vl Q Q P"? in a ? a a 0 it -1 5t rl O (Q rl o O O _ Q O _ ? W Q Q a 3 ? - _ z IK rl woo O OWL ? OHO _ FaF zuw r- -= m zj »m ? - z o .? w = IC 3 1 a o - W - 5+1 - f x -- m z N \ Ar H a0 3 H Lo Z :•? ?1T n aoweS idleoeb ujnte» 6wsn jol nog( jueyl RETURN RECEIPT REQUESTED LISPS MAIL CARRIER DET ACH ALONG PERFORA TION fA N y C Ob W y ' D ,y Ln H p. m -,j Co a { a c I o x a .;;= C t t W m N CL .? N N ? 0 8 U1 r 0 in A ci Ln N w o x P > 3 -a I n 3 s 0# ?0 a Thank you for using Return Receipt Service ti b O m O A M1 • .O.^^ Yi Q con ?A l o ^' o mho 0 dax a O = a *+ Q ?D O O Q a _ I Ill a 01 a 3 a - Z IC N _ Woo O - OWIt ?t F OHO hJh _ = zuw r- _ mz-i a) = 33m N h <[ u1 ?i w z O O to r O t- L r-1 W 04 CD ? ?i A H ?0 P4 N W W ijt a WW i] ?'[ t En H U L? ?..} ' . H L Z rn . ? r+ A aoimeg ;dieoaU wn}eU 6uisn lo; noA Nueyl RETURN RECEIPT REQUESTED USPS MAIL CARRIER DETACH ALONG PERFORATION ? T 3 ,p 5! Ln H ? r t 3 ' W .? N a 1 O1 o r r H En a $ o ? 0 3 ~ ro ?o > d l7 o o . ? r N J d `- ? P 0 7o W a _?..... Gq? Ln N _ o ru O M P X > a a+ m w g R s M 1 J m Y ?0 DD $ Thank you for using Return Receipt Service ' 7160 3901 9?, 9415 2520 TO: MICHAEL R ADAMS a? 0 357 SHERWOOD DR a CARLISLE,PA 17015 cZ -? a Q? f -J i v SENDER: GUTSHALE REFERENCE: 1461011 RETURN Postage .44 RECEIPT SERVICE Certified Fee 2.80 Return Receipt Fee 2 .30 Restricted Delivery Total Postage 3 Fees 5 .54 US Postal Service POSTMARK OR DATE--- Receipt for Certified Mail M \\ Nra O? o a, N N rl \ \ T u1 %o Ln (J ; No Insurance Coverage Provided w •• r. r- Do Not Use for International Mall m in a .4 V N NN o %e o 0 --------------------------------------------- ---------------------- ------ - -------------- m a. m a. 0 0 f` o O? y y . O - 7160 3901 9848 9415 2537 C3 L 01 a C3 %0 Co 0% ?1 °'O -4 TO: M I i U `! c M NINA L KREPS N .? Z z m 7 o 357 SHERWOOD DR .. ., .• o „ a CARLISLE, PA 17015 Dm m N m L y W L y XO N I I i om Q w a e zoo 1 ,. t -+ 4Jom. a Ix z 0 LL N En O a H O Y C C r N L . U. Y O W J J -i M M H {+ SENDER: GUTSHALE o- m c ° c o o at a °o -i e M a P 'i' ?? 9 N REFERENCE: 1461011 +• 7 >a W 2 N ee , ° t` . . ° n V14 Q LL CL -w ra N Q Q c o IL v C3 z a a m e PS Form 3800 January 2005 a Y ti v o RETURN Postage .44 a w o_ z a a me J RECEIPT Certified Fee 2.80 41 C C ce u z > L SERVICE -i Receipt Fee 2.30 L L t11 0 > w C N J O N Restricted Delivery - - - c ..z m oco U. Totat Postage & Fees 5-54- Co re o M M °O q •• •o US Postal Service POSTMARK OR DATE o w ., .? ° an 0 Y ° O 1 ; ? eceipt for Q' > > ° .. v w w = < m K d = w w. o = W to + ` LL m in ' Certified Mail o . J U Z ++ N ?r N r•+ L a m 0 c o o= ° z z m r` ce r, ce 0 No Insurance Coverage Provided + V a L F- .. .. M M v a +, N Do Not use to international Mall t` In N al M vt Om C9 C .y .. N .. ...-1 .. L?H L9•i a L rl L 1 m X way ---------------------------------------------- ----------------------- ----------- --------------- m on Lam L oaa0 am0V aeLO yy my w w n w J U cc W W 94 w W 4- Q z< J LL O_ Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-01-2011 06:39:22 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency KREPS NINA L Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). y6t f 01 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http:/www.defenselink.mil/f4q/pis/PC09SLDR.htnll. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popr o . 0 C 2/1/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCR,4 is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate, Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:P43ONSHOUC https://www.dmdc.osd.mil/appj/scra/popreport.do 2/1/2011 Request for Mil, itary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-01-2011 06:35:06 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency ADAMS MICHAEL Based on the information you have furnished, the DMDC does not possess R any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). IA_ y6t /'I Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htip://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/1/2011 :,Zequest for Vi;itary Status Page 2 of 2 j61ore information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:IKA001 SR3M https://www.dmde.osd.mil/appj/scra/popreport.do 2/1/2011 COMPANY NAME: PENNSYLVANIA HOUSING FINANCE AGENCY AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. 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. Dated 52125)1) By AO?Q Title Director of Accounting & Loan Servicing ADAMS 1461011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor d n 04/'( Lit p 41, ri ist4 rd t ; a??r-??:?Ar US Bank National Association vs. Michael R. Adams (et al.) Case Number 2011-2697 SHERIFF'S RETURN OF SERVICE 03/25/2011 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 357 Sherwood Drive, Carlisle, Pennsylvania 17015, 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 357 Sherwood Drive, Carlisle, Pennsylvania 17015 is vacant. 03/25/2011 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: Michael R. Adams, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael R. Adams. Request for service at 357 Sherwood Drive, Carlisle, Pennsylvania 17015 is vacant. The Carlisle Postmaster has confirmed, Michael R. Adam's new address is P.O. BOX 483, New Bloomfield, Pennsylvania 17068. 03/25/2011 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: Nina L. Kreps, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Nina L. Kreps. Request for service at 357 Sherwood Drive, Carlisle, Pennsylvania 17015 is vacant. The Carlisle Postmaster has confirmed, Nina L. Kreps's new address is 123 W. McClure Street, New Bloomfield, Pennsylvania 17068. SHERIFF COST: $81.00 March 25, 2011 SO ANSWERS, --- _zZ RON R ANDERSON, SHERIFF Ceurt*ys;jitn SNe,rff, 1es:iec,5a'i Inc U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. MICHAEL R. ADAMS AND NINA L. KREPS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 11-2697-CIVIL PRAECIPE TO REINSTATE -<> Q + r-) TO THE PROTHONOTARY: a ? Kindly reinstate the complaint on the above captioned matters o DATE: March 31, 2011 PURCELL, KRUG, & HALLER BY (I'll. U 1 I lAkli,, j L Jill M ineka ID #54'802 Leon P. Haller ID # 15700 Attorneys for Plaintiff 1719 North Front Street Harrisburg, Pa. 17102 717-234-4178 0,M} % 1b -00 T)d 61 "?- mt IW14(p, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ???titr of uanbep?V 440 FILED-OFFICE 'Fi' THE PROTHONGTARY 2011 APR I I PM 12= 58 Richard W Stewart Solicitor US Bank National Association vs. Michael R. Adams (et al.) OFF t:E - -F _-ER1rF CUMBERLANDVA COUNTY Case Number 2011-2697 SHERIFF'S RETURN OF SERVICE 04/04/2011 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: Michael R. Adams, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 04/04/2011 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: Nina L. Kreps, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 04/05/2011 01:55 PM - Perry County Return: And now April 5, 2011 at 1355 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nina L. Kreps by making known unto herself personally, at 123 W. McClure Street, New Bloomfield, Pennsylvania 17068 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/05/2011 01:55 PM - Perry County Return: And now April 5, 2011 at 1355 hours 1, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael R. Adams by making known unto Nina L. Kreps, Wife of Defendant at 123 W. McClure Street, New Bloomfield, Pennsylvania 17068 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF {0j COW tySuite Snenff_ releosoft, Inc US Bank NA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Michael R. Adams and No. 2011-2697 Nina L. Kreps SHERIFF'S RETURN And now April 5 , 2011 : Served the within name Nina L. Kreps the defendant(s) named herin, personally at her place of residence in New Bloomfield Boro- 123 W McClure St, Perry County, PA, on April 5, 2011 at 1:55 o'clock PM by handing to Nina Adams (Kreps), defendant 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this !L So answers day of ; , v2 Q CO'WONWEALTH OF PEAR919 tary N A IA amt. ?? MARGARET I', NICKINGER, Notary Public Bloomfield Boro. Parry County My Commission Expires Feb.16.2012 Sheriff of Perry County US Bank NA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Michael R. Adams and Nina L. Kreps No. 2011-2697 SHERIFF'S RETURN And now April 5 , 2011 : Served the within name Michael R. Adams the defendant(s) named herin, personally at his place of residence in New Bloomfield Boro- 123 W McClure St, Perry County, PA, on April 5 , 2011 at 1:55 o'clock PM by handing to Nina Adams (Kreps), defendant's wife 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this 64 h day of Prothonotary So answers Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL. MARGARET F. FUCKINGER, Notary PubUc Bloomfield Boro. Perry county My Gommiscion Expires Fah 16,2012 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL R. ADAMS NINA L. KREPS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN IA t7 ra CIVIL ACTION LAW; CO rrf ?+. NO. 11-2697-CIVIL ?D IN MORTGAGE FORECLOSURE C:) RETURN OF SERVICE C:) -'Urn ;0= CD , -tca r; I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 141a% J ao I,1 , 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: MICHAEL R. ADAMS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 MICHAEL R. ADAMS 357 SHERWOOD DRIVE CARLISLE, PA 17015 NINA L. KREPS 357 SHERWOOD DRIVE CARLISLE, PA 17015 NINA L. KREPS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 357 SHERWOOD DRIVE CARLISLE, PA 17015 Redevelopment Authority of County of Cumberland 114 North Hanover Street Suite 104 - ?'G-- Carlisle, PA 17013 By PURC , RUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINKA LISA RYNARD MICHAEL R. ADAMS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 MICHAEL R. ADAMS 357 SHERWOOD DRIVE CARLISLE, PA 17015 NINA L. KREPS 357 SHERWOOD DRIVE CARLISLE, PA 17015 NINA L. KREPS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 357 SHERWOOD DRIVE CARLISLE, PA 17015 Redevelopment Authority of County of Cumberland 114 North Hanover Street Suite 104 Carlisle, PA 17013 gD%?C'PGGI 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 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 re slate will be divested by the sale and that you have an opportunity to protect your interest, if ein notified of said Sheriffs Sale. By: i P. Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL R. ADAMS AND NINA L. KREPS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-2697-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, September 07, 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: 357 SHERWOOD DRIVE CARLISLE, PA 17015 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 11-2697-CIVIL JUDGMENT AMOUNT $135,346.13 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL R. ADAMS AND NINA L. KREPS 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 7160 3401 4644 3036 2463 TO: MICHAEL R. ADAMS 357 SHERWOOD DRIVE CARLISLE, PA 17015 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Total Postage & Fees /Q US Postal SeMce POSTMA '? F?poT q? Receipt for Certified Mail W? ?? No Insurance CoveryQe Provided w ?J2 Do Not Use for Intemefionel AASN b ------------ --- ---- 71160 3401 '164®1 3ti3L 2449 TO: NINA L. KREpS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage -- RECEIPT SERVICE Certfied Fee Retum Receipt Fee Total Postage & Fees ,-4- US Postal i ``+eMce POSTM ^OR Receipt for Certified Mail No Insuranos ?^atle Prprldb j Do Not Use for borwl AW v --- --..._ 7160 3401 9644 3036 2470 TO: MICHAEL R. ADAMS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 SENDER: REFERENCE: NOS 09/07/11 RETURN Postag- RECEIPT SERVICE Certified Fee Retum Receipt Fee - Total Postage & pe T e US Postal senirce s G1 Recei pt fo P POSTMARK OR DATE r Certified Mail '" ^r No Insuram, Do Not Us* fo r Mdl . 7160 3903 964 q- .? -\- J ) 3036 24 S6 TO: NINA L. KREPS 357 SHERWOOD DRIVE CARLISLE, PA 17015 SENDER: REFERENCE: NOS 09/07/11 RETURN ffCerhfed RECEIPT SERVICE ee ceipt Fee Tota l Postage & Fees USPostal,?- ,ervloe POSTMA4seR l Receipt for Certified Mail No Do NMowtxUaSn*C@j0CrjVF,8"W `?. -- - ---- ---------------------- ---- f . . l PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL R. ADAMS NINA L. KREPS Cumberland County Sale 9/7/2011 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: MICHAEL R. ADAMS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 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: NINA L. KREPS 123 WEST McCLURE STREET NEW BLOOMFIELD, PA 17068 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 y-ols PflsT TA ti Z ` ' e®s • ' vs I 02 1M ' 0004284324 J N •15 MAILED FROM ZIP t,O 01 I 0 PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL R. ADAMS NINA L. KREPS Cumberland County Sale 9/7/2011 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 357 SHERWOOD DRIVE CARLISLE, PA 17015 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: MICHAEL R. ADAMS 357 SHERWOOD DRIVE CARLISLE, PA 17015 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: NINA L. KREPS 357 SHERWOOD DRIVE CARLISLE, PA 17015 f;51 ??B?fDii gPCfS POST y 'E` (/S g0 .? vnrirv aowEs ` 00204284324 $ 01$15° MAILED FROM ZIP CODE 1 710 2 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: Redevelopment Authority of County of Cumberland 114 North Hanover Street Suite 104 Carlisle, PA 17013 TA Posr'94? ?s .7 PI7NFY 11 WJES 02 1M $ 01.150 0004284324 uUf\i28 2011 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t ` r Sheriff Jody S Smith i'; 2 h i° Chief Deputy Richard W Stewart Solicitor U it US Bank Trust National Association Case Number vs. 2011-2697 Michael R. Adams (et al.) SHERIFF'S RETURN OF SERVICE 06/17/2011 03:30 PM - Deputy Noah Cline, 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 357 Sherwood Drive, Carlisle, PA 17015, Cumberland County. 07/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Michael R. Adams, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 07/05/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Perry County upon Nina L. Adams (Kreps), who accepted for Michael R. Adams, at 123 W. McClure Street, New Bloomfield, PA, on 6/17/11 at 1:20 p.m. So Answers: Derek Bates, Deputy, Sheriff. 07/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Nina L. Kreps, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 07/05/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Perry County uponNina L. Adams (Kreps), personally, at 123 West McClure Stret, New Bloomfield, PA on 6/17/11 at 1:20 p.m. So Answers: Derek Bates, Deputy Sheriff. 09/07/2011 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 September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Leon Haller, on behalf of, U.S. Bank National Association, et. al., of, 211 North Front Street, Harrisburg, PA 17101 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,104.19 SO ANSWERS, October 21, 2011 RON ~ R ANDERSON, SHERIFF co (r,i Gowltysuite sher.'f, le'...eos oft. 6`i }.. 6 t N/l On June 9, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland; County, PA, Known and numbered as, 357 Sherwood Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 9, 2011 By: aj-? 8e-oe-? Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-2697 Civil US Bank National Association VS. Michael R. Adams Nina L. Kreps Atty.: Leon P. Haller ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a survey made by Noel B. Smith, Registered Surveyor, on March 29, 1973, as follows, to wit: BEGINNING at a point in the center line of thirty three (33) feet wide Township Road T-503 known as Sherwood. Drive at the corner of land now or formerly of Harry Donn- ley; thence along the center line of said Township Road T-503, south 65 degrees 15 minutes 24 seconds east a distance of ninety six and ninety hundredths (96.90) feet to a point; thence along line of land now or for- merly of Lynell W.Wolf and wife, and through a partition wall of a frame shed, south 27 degrees 40 minutes 13 seconds west, a distance of two hundred twenty four and eighty hundredths (224.80) feet to a point; thence still along line of land now or formerly of Lynell W. Wolf and wife, south 32 degrees 12 minutes 32 seconds west, a distance of one hundred seventy three and ninety eight hundredths (173.98) feet to a post; thence south 84 degrees 32 minutes 33 seconds west, a distance of one hundred sixty five and thirty nine hundredths (165.39) feet to a point; thence along a fence, north 21 degrees 02 minutes 45 seconds east, a distance of one hundred thirty eight and eighty hundredths (138.80) feet to a post; thence along a fence, south 64 degrees 28 minutes 15 seconds east, a distance of ninety nine and nineteen hundredths (99.19) feet to a post; thence still along a fence, north 20 degrees 17 minutes 23 sec- onds east, a distance of one hundred forty eight and thirty one hundredths (148.31) feet to an iron pin; thence still along a fence, north 25 degrees 11 minutes 27 seconds east, a dis- tance of one hundred ninety five and twenty six hundredths (195.26) feet to a point in the center line of thirty three (33) feet wide Township Road T-503, known as Sherwood Drive, at the place of BEGINNING. The above described tract of land contains an area of one acre, more or less. HAVING THEREON ERECTED A DWELLING KNOWN AS 357 SHER- WOOD DRIVE, CARLISLE, PA 17015. TAX PARCEL NO. 21-05-0431- 027. BEING THE SAME PREMISES WHICH Melissa A. Baranishyn by deed dated 10/30/06 and recorded 10/31/06 in Cumberland County Record Book 277 Page 1729, granted and conveyed unto Michael R. Adams and Nina L. Kreps. TO BE SOLD AS THE PROPERTY OF MICHAEL R. ADAMS AND NINA L. KREPS ON JUDGMENT NO. 11-2697-CIVIL. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 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. L sa Marie Coyne, P ditor SWORN TO AND SUBSCRIBED before me this 29 da of Jul 2011 Notary NOTARIAL SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 TAr:finology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4ePatriot 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 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. 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: 07/15/11 Sworn to . J 7....... ...... me the 1 §A61/ gf-August, 2011 A. D. Public COMMONWEAL Tip OF PENNSYLVANIA =S.hmerrie otarial Seal E Kisner, Notary public Twp., Dauphin County n Expires Nov. 26, 2011 1 Member, Pennsvlvania Association of Notaries 07/22/11 07/29/11 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 Sheriff's Deed in which Pennsylvania Housing Finance Agency (Tr) is the grantee the same having been sold to said grantee on the 7 day of Se tep mber A.D., 2011, under and by virtue of a writ Execution issued on the 1 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 2697, at the suit of Pennsylvania Housing Finance Agency (Tr) against Michael R. Adams & Nina L. Kreps is duly recorded as Instrument Number 201129271. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A -A ,A.D. of Deeds * Co m"On Expires ft FIM Ilmk C(Jsn 2014