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HomeMy WebLinkAbout08-3583UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS 577 Lamont Road :CIVIL DIVISION Elmhurst, IL 60126 Plaintiff :Cumberland County V. Timothy J. Simpson _ Shirley A. Simpson NO. ?$- 35$3 Civil term P.0 Box 145 Newburg, PA 17420 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: HSBC Mortgage Services, Inc. Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 3 South High Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Newburg COUNTY: Cumberland DATE EXECUTED: 9/23/05 DATE RECORDED: 9/27/05 BOOK: 1924 PAGE: 2097 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said mortgage as of 5/3/08: Principal of debt due $115,368.45 Unpaid Interest at 6.79%* from 12/1/07 to 5/3/08 (the per diem interest accruing on this debt is $21.46 and that sum should be added each day after 5/3/08) 3,326.30 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $272.15 and that sum should be added on the first of each month after 5/3/08) 312.29 Late Charges (monthly late charge of $38.29 should be added in accordance with the terms of the note each month after 5/3/08) 153.16 Attorneys Fees (anticipated and actual to 5% of principal) 5,768.42 TOTAL $125,533.62 *This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee 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 in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $125,533.62 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN P.C. BY: Attorneys r Pla ntiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE "-LOUIS A. SIMONI, ESQUIRE •0 !0 EXHIBIT A ALL THOSE CERTAIN two tracts of land situate in the Borough of Newburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the East side of South High Street, in said Borough at line of land now or formerly of A. R. Heberlig; thence Eastwardly with the Heberlig land, 30 feet 6 inches to a corner or post; thence Southwardly with the Hebedig land, 7 feet to a point; thence continuing with the same, Eastwardly 139 feet to an alley; thence with said alley, 25 feet to a point at line of land of Tract No. 2; thence by Tract No. 2, Westwardly and through the partition wall of the two story brick dwelling house to a point at said South High Street, a distance of 169 feet; thence by said South High Street, 32 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on the East side of South High Street in said Borough at line of land of Tract No. 1; thence Eastwardly with Tract No. 1 and through the partition wall of the two story brick dwelling house, 169 feet to an alley; thence Southwardly with said alley, 35 feet to a point at line of land now or formerly of Annie M. Clark; thence Westwardly with said Clark land, 169 feet to said South High Street; thence with said South High Street, Northwardly 35 feet to the place of BEGINNING May 6, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNF.ROS MORTGAGE ASSISTANCE PROGRAM (HEMAP) may he able to help to cave your home- This Notice explains how the program works- This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 F'XH1B1rA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Shirley A. Simpson _ Timothy j. S_--pson.--.--.- --------------------- ........................... ---------...... 3 South High Street Ne?yburg,_PA 17240._._......- --- 0011781572 ............. __-_ Wilmington Finance ._.______.--__ .._..__._-------------- --_. HSBC Mort-ggge_SeryceInc.------------ ---- -------------------- HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE. FLIGIBLE, FOR FINANCIAL ASSISTANCE. WHICH CAN SAVE. YOUR HOME. FROM FORRCLOSITRE, AND HELP VOIT MAKE. FITTITRF. MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORF.CLOSITRE. - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MITST OCCITR WITHIN D B CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, ddresses and telephone numbers of designated consumer credit cnnnceling agencies for th . n mty in which the }?. U is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MITST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACT11ON - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATJRE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3 South High Street Newburg, PA 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $1038.03 for January 1, 2008 through April 1, 2008 = $4152.12 _ MontW Pavne_nts of $1118.13_for Ma„y_ 1.2008 X1118.13 Monthly-Late Chas of 8.29 for_Januar-y 1,, 2008 through Ma 1,2008_._.= $191.45 Other charges (explain/itemize): Uncollected Late Charge $4152.12 Uncollected _Fees _Receivable (Other fee & NSF?--$$52.50 _ TOTAL AMOUNT PAST DUE:. - ---- --_-___-__._......_........_..._...---........... ---- ----- -_? 4.$S_.. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not ap licahle): N/A HOW TO CURE. THE. DE.FAUI.T - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S-5934.99- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments, must mane either hyensh, cashier's check, certified check or money order made. Iahahle and cent to, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable_): NA Page 3 of 3 IF YOIT DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mnrggage dot. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose unnn your mortgaged pmpMj:y. J IF THE MORTGAGE. IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, yynu will not he required to pay attorney's fees. OTHER LENDER RF,MF.DYES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE. DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cu the default and prevent h sal at any time up to on hour before he Sheriff's Sale- You pa ma?? d? sn hT yjng the totalamount then pasta- due il u,c any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure gale and any other costs connected with he Sherit s Sale as specified in writing by the lender and by nerfnrming any o her re?}nirementc under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.ARi LEST POSSIBLE SHF.Ri E'S SALF. DATE. - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. _ Name of Lender/Servicer: HSBC__.-._-._.-.----..-------.----....... _.--..... -.-......... ........................................ ................ -................................. Address: 636 Grand Regency Blvd. -Brandon,,FL 33510 ----------------------------------------- - Phone Number: 1-800-333_7023 __........ ............. ............................................ _....... -..-.-................ ........... ....... -_.... -.-.-_-.-. Fax Number: 1-813-517-8680 _ Contact Person: -Loss Mititation DeDartment EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 5414670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 A 1 71 ( i Vim.:, W 4i "Z w 0 ru 0 C3 0 0 m -?? ru r o Ln cc W z wo° w?c? cc ?3 LL0Lu w a moo= ??o>- ,cry-yn (. v I A Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mail@ or Priority Mail®. ¦ Certified Mail is not available for a"dN of international mail. ¦ NO INSURANCE COVERAGE IS PRbVIDED with Certified Mail. For valuables, please consider InsuMdj r Registered Mail. ¦ For an additional fee, a Return Re ml?i'?ie requested to provide proof of delivery. To obtain Return Receipt.se[y p complete and attach a Return Receipt (PS Form 38111 to the articl 4 applicable postage to cover the fee. Endorse mailpiece Return Rece equ ed". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, deliveryss???t, be restricted to the addressee or addressee's authorized agent. Ad?llsA?h,%*rrlc or mark the mailpiece with the endorsement "Restricted Delivery. ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02.000-9047 Lr) O 0r ru rl- Cal t3 C3 O C3 O O ru O M r%_ 0 M1 Ir Q E 9 n t a U U T T a C1 u u c 7 :y t t 'i° s 00 , L4, C3 0 w a nj C 0 O -__ Q -?? ru C Q M Z ?' OISO w vM : 0 c V/ 9 Ll d?J J 00S 0 cc zu?cc rr a a O o? T X Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail. ¦ Certified Mail is not available for anji di sE,,of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insurecj•Qr Regl fired Mail. ¦ For an additional fee, a Return Receipt maybe requested to provide proof of delivery. To obtain Retum Receipt ce, pl se complete and attach a Return Receipt (PS Form 3811) to the article d add pplicable postage to cover the fee. Endorse mailpiece "Retum Recekt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ¦ For an additional fee, deliverynPay? be restricted to the addressee or addressee's authorized agent. Advises e,cl !k or mark the mailpiece with the endorsement 'Restricted Delivery".' '- ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 O ICE) O ru r? O C3 C3 C3 O O ru O M r%_ C3 O r%_ i F PSI { i f t4 ic?t t?k?#{E?i+v: is s: rr? r cc € r'o "s C; i Q ?J z 0 0 w O O 0 O ••• C C3 C3 f ? ni rt z o w ~ m a U- Q z w Ll- Of O CC °C ?c ww?w cc: Cr r x 77, v ? t t I 4 Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile, ¦ Certified Mail is not available fora of international mail. ¦ NO INSURANCE COVERAGE ISIDED with Certified Mail. For valuables, please consider Insured pr RegKered Mail. IN For an additional fee, a Return Reg" *% requested to provide proof of delivery. To obtain Return Receipt rvice, ase complete and attach a Return Receipt (PS Form 3811) to the artic d ' plicable postage to cover the fee. Endorse mailpiece 'Return R Req d'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery be- stricted to the addressee or addressee's authorized agent. Aeec?or mark the mailpiece with the endorsement 'Restricted Delivery ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT, Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 C7 Q^ M1 ru r%- cc C3 C7 C7 C] C] C] ru C] M r%- C3 C7 r% I x f I I4CI, } ' ? `$'. r4 1? X, -.] C3 .......? G w O ru O O O r C3 O 0 ru fU mom w LA. W F- 2 a: L) C6 OCw ?? m t t-i0w Cl- ?0o 0cc ww?w cc ¢ Q T V 0 0 v ?. v /1 i z t Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Maile or Priority Mails ¦ Certified Mail is not available for awflass of intemational mail. ¦ NO INSURANCE COVERAGE IS tPRb"WED with Certified Mail. For valuables, please consider Ins or%Pesred Mail. l I ¦ For an additional fee, a Return Rbo?'tpi r? Ia 4 requested to provide proof of delivery. To obtain Return Receipt service, ease complete and attach a Return Receipt (PS Form 3811) to the W%e and applicable postage to cover the fee. Endorse mailpiece "Return ReibeipfRBq sted". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery b%jestricted to the addressee or addressee's authorized agent. Advr . k or mark the mailpiece with the endorsement 'Restricted Delivery'. ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT- Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530.02-000-9047 i V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDR Ay?l 0 P . C . BY / Mf_ Attorneys fdr--'Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE C) n s ?k oo c ? L° r11 p J cn d ra,. CASE NO: 2008-03583 P SIMPSON TIMOTHY J ET AL COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC MORTGAGE SERVICES INC VS WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMPSON TIMOTHY J the DEFENDANT , at 0019:39 HOURS, on the 17th day of June , 2008 at 3 SOUTH HIGH STREET NEWBURG, PA 17240 TIMOTHY J SIMPSON by handing to DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4'as1oB' /- Sworn and Subscibed to before me this of SHERIFF'S RETURN - REGULAR So Answers: 18.00 20.00 00 10.00 ,,Thomas Klin .00 48.00 06/18/2008 UDREN LAW OFFICES By: day Deputy Sheriff A. D. CASE NO: 2008-03583 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC MORTGAGE SERVICES INC VS SIMPSON TIMOTHY J ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMPSON SHIRLEY A the DEFENDANT , at 0019:39 HOURS, on the 17th day of June 2008 at 3 SOUTH HIGH STREET NEWBURG, PA 17240 by handing to TIMOTHY J. SIMPSON ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 61) s/0 P ( 00 .7 16.00- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/18/2008 UDREN LAW OFFICES By: - Deputy Sheriff of A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS 577 Lamont Road :CIVIL DIVISION Elmhurst, IL 60126 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Timothy J. Simpson :NO. 08-3583 CIVIL TERM Shirley A. Simpson 3 South High Street Newburg, PA 17240 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Timothy J. Simpson and Shirley A. Simpson for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $125,533.62 Interest Per Complaint 2,167.46 From 5/4/08 to 8/12/08 Late charges per Complaint 114.87 From 5/4/08 to 8/12/08 Escrow payment per Complaint 816.45 From 5/4/08 to 8/12/08 TOTAL $128,632.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. P . C . UDRE WPiNTIFF BY: ATTO F MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE LOUIS SIMONI, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDI D ,Tf 17 DATE: B&/ OS p pROTHY UDREN LAW OFFICES, P.C. MAU J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #3457.6 ALAN X. 1tINATO, ESQUIRE - ID #75860 CHANDRA X. ARKINA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 HSBC Mortgage Services, Inc. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Timothy J. Simpson Shirley A. Simpson Defendant(s) TO: Timothy J. Simpson 3 South High Street Newburg, PA 17240 NO. 08-3583 Civil Term DATE of Notice: July 8, 2008 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 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTIFICACION IMPORTANTB USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION RBQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREURA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS IM FIRM IS DZMM TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMTION OBTAINED WX B8 USED FOR THAT PDM92. squre Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Load, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART NINNEG, ESQUIRE- ID #45362 LORRAINN DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CBANDRA M. ARENA, ESQUIRE - ID #203437 WOODQREST CORPORATE CENTER 111 MOODCREST ROAD, SUITE 200 CEO= BILL, NJ 08003 856-669-5400 HSBC Mortgage Services, Inc. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Timothy J. Simpson Shirley A. Simpson Defendant(s) TO: Shirley A. Simpson 3 South High Street Newburg, PA 17240 NO. 08-3583 Civil Term DATE of Notice: July 8, 2008 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 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PRBUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REF33R.ENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE : PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAN FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED NI BE USED FOR THAT PURPOSE. a n, s e Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. Plaintiff V. Timothy J. Simpson Shirley A. Simpson Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based, upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Timothy J. Simpson Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Shirley A. Simpson Age: Over 18 Residence: As captioned above 14ASri Employment: Unknown Name : . #*VAN Title: ATTORNEY FOR PLAINTIFF Sworn to and subscribed Company: UDREN LAW OFFICES, P.C. bef re me this 12th day o ugust, 2008. N tart' Public }mmineS Nfxawitz Nptmy Pu6Cic State of New9ersey - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-3583 CIVIL TERM CASE NO: 2008-03583 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC MORTGAGE SERVICES INC VS SIMPSON TIMOTHY J ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMPSON TIMOTHY J the DEFENDANT , at 0019:39 HOURS, on the 17th day of June 2008 at 3 SOUTH HIGH STREET NEWBURG, PA 17240 by handing to TIMOTHY J SIMPSON DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.00 Affidavit .00 Surcharge 10.00 .00 48.00 Sworn and Subscibed to before me this day of So Answers: Thomas Kling 06/18/2008 UDREN LAW OFFICES BY: - Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03583 P y COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC MORTGAGE SERVICES INC VS SIMPSON TIMOTHY J ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMPSON SHIRLEY A DEFENDANT the at 0019:39 HOURS, on the 17th day of June , 2008 at 3 SOUTH HIGH STREET NEWBURG, PA 17240 by handing to TIMOTHY J. SIMPSON ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 6.00 .00 OOVPXW- .00 10.00 R. Thomas Kline .00 16.00 06/18/2008 UDREN LAW OFFICES By. ?,X - ? day Deputy Sheriff of A. D. V U7`' T 'y ^g ry ` T • • UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinge@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. MORTGAGE FORECLOSURE Timothy J. Simpson Shirley A. Simpson Defendant (s) To: Shirley A. Simpson 3 South High Street Newburg, PA 17240 :NO. 08-3583 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entere g in the above proceeding as indicated below. ro no a x Judgment by Default Money Ju, Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.com ATTORNEY FOR PLAINTIFF HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Timothy J. Simpson :NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $128,632.40 Interest From 8/13/08 2,575.20 to Date of Sale 12/10/08 Ongoing Per Diem of 21.46 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN , P.C. BY: ?2O AATTORNEYSfFO-R PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE .-LOUIS SIMONI, ESQUIRE 7?j- V' hr, ?'y '[? Try{ ?.y ,?, Q 7YO `fn lti V Rs zy ey ? ? ? too UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Timothy J. Simpson ENO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) x C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual x B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: BY 0% New MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE f'bOUIS SIMONI, ESQUIRE UDRE P. C. ATTO EYS INTIFF C? N v ?, ?` -°n G cs? x[" .?? =w- -' .,... .z? ? ? ?. ,? ;; *'-- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. ::COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION :Cumberland County V. ;MORTGAGE FORECLOSURE Timothy J. Simpson ::NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN W?ES P.C. BY: ATTORNFOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE w-t;OUIS SIMONI, ESQUIRE d Q ? A- 1 VI 3 co C t f"- r 7 T 1 MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :.COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Timothy J. Simpson :NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Mortgage Services, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 3 South High Street, Newburg, PA 17240 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy J. Simpson Shirley A. Simpson 3 South High Street Newburg, PA 17240 3 South High Street Newburg, PA 17240 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Sherwin Williams Address to Follow 4. Name and address of the last recorded holder of every mortgage of record: Name Address HSBC Mtg. Services, Inc. 577 Lamont Road, Elmhurst, IL 60126 Mortgage Electronic P.O. Box 2026, Flint, MI 48501-2026 Registration Systems, Inc. PHFA, A Public Corp. and 211 North Front St., P.O. Box 15530 Government Instrumentally, Harrisburg, PA 17101-5530 Created by and Existing Pursuant to the Housing Finance Agency Law 5. Name and address of every other person who has any record lien on the property: Name Address none 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: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 3 South High Street Newburg, PA 17240 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDR LAW CES, P.C. DATED: August 12, 2008 BY: ATTO S NTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE &.--LOUIS SIMONI, ESQUIRE P i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com HSBC Mortgage Services, Inc. ::COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. ;MORTGAGE FORECLOSURE Timothy J. Simpson ::NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Timothy J. Simpson 3 South High Street Newburg, PA 17240 Your house (real estate) at 3 South High Street, Newburg, PA 17240 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $128,632.40, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) y I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 I1 - UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Timothy J. Simpson :NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Shirley A. Simpson 3 South High Street Newburg, PA 17240 Your house (real estate) at 3 South High Street, Newburg, PA 17240 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $128,632.40, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Dleadincs@udren.com HSBC Mortgage Services, Inc. Plaintiff V. Timothy J. Simpson Shirley A. Simpson Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-3583 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Timothy J. Simpson Shirley A. Simpson PROPERTY: 3 South High Street Newburg, PA 17240 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Is Sale on December 10, 20084 at 10: 00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3583 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC., Plaintiff (s) From TIMOTHY J. SIMPSON and SHIRLEY A. SIMPSON (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 $128,632.40 L.L.$ 0.50 Interest from 8/13/08 to Date of Sale 12/10/08 Ongoing Per Diem of $21.46 to actual date of sale including if sale is held at a later date -- $2,575.20 Atty's Comm % Due Prothy $2.00 Atty Paid $183.00 Other Costs Plaintiff Paid Date: 8/18/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS SIMONI, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 200869 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS ;CIVIL DIVISION Plaintiff € Cumberland County V. Timothy J. Simpson Shirley A. Simpson ENO. 08-3583 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: October 22, 2008 UDR hLAAW OFFICES ,P,. BY :d?' I(A ?1??1 Attor for' Plaintiff _ MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. `COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Timothy J. Simpson :NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Mortgage Services, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 3 South High Street, Newburg, PA 17240 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy J. Simpson 2935 Constellation Drive Chambersburg, PA 17202 Shirley A. Simpson 2935 Constellation Drive Chambersburg, PA 17202 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Sherwin Williams c/o Robert D. Kodak, Esquire Knupp & Kodak 407 North Front Street P.O. Box 11848 Harrisburg, PA 17101-1221 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 4. Name and address of the last recorded holder of every mortgage of record: Name Address HSBC Mtg. Services, Inc. 577 Lamont Road, Elmhurst, IL 60126 Mortgage Electronic P.O. Box 2026, Flint, MI 48501-2026 Registration Systems, Inc. PHFA, A Public Corp. and 211 North Front St., P.O. Box 15530 Government Instrumentally, Harrisburg, PA 17101-5530 Created by and Existing Pursuant to the Housing Finance Agency Law 5. Name and address of every other person who has any record lien on the property: Name Address none 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: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 3 South High Street Newburg, PA 17240 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, Y.C. DATED: October 22, 2008 BY ATT S FOR PLAINTI F MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE LOUIS SIMONI, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SURE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Mortgage Services, Inc. Plaintiff V. Timothy J. Simpson Shirley A. Simpson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-3583 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Timothy J. Simpson and Shirley A. Simpson PROPERTY: 3 South High Street, Newburg, PA 17240 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 10. 2008, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A I- d im Nu- ' C, Cr o c? t6 H 0 .g? a o 'ec- d 7 r s97 H C .? r- I% ? ? 7 a ° o- o L ""03 U = p 'a d E°c a LL ?rc 3 ? W ? 0 d W c W U '" cn C', o Z Q i a U W ? O O Z 4 ? ' N ui a Z U W jp t N> N a.3$ t° ? u? U N ?- N N o E ac ul -? a O -) p U.0 U vs p d r 'u O J m r ?' U N N LU A= t r ? ? Z U' tow Z 0 a m W cc 0 0 ? Z U r 3E ?- N 4Z H '??O ?- J Z } X00,30 uoij POPOW _ 80Q?,`9?!6t? o0Z. VO $ 9L76LC,gz i9W as `o 3 Y u N ? L aD N-- N a W? r M r N ? Q X Yo m G C? ? G = d Q .+ N U- r N N O M T <a W pG N N OC C r' ? ?[{,,r N ° G O Q? ? OZo rOQC,4 p li mt t E pQ a SWcNVU` Al , ° Jp4NrAn c ? ? ° CIA r`?'-OrZ ?ui *L ?? Q? IWU °4. m Z Iu S cn ?G a c a 0 co d 0 v N 0 U. Q- N 0 C, Z M ° N N 1.? N tr) to h. ? tai N ?a c .e Mm r° J a M °° ? T ,,?XNlg1'C ?' st ? N M ° E L 7 - 0. 0 O o ? C4 W ?: 'l C aj m oo?? ? a ?3r'?mN ??ms3m m 9 ? p O W ` G D p W O G m g 6 N m m2S.E W ? 1"7 ? t i I ? i c E w I = I .> I 0 I Z a Y 0 a s Ld tl V c' co O 0 0 co N T Z ? Y ? O LL N ? N u. ? a ° V- n ? L. p O O y?? ' LL ??aNN'-io tll N? @E ? C m t a C p m ? O Q co E W _L ? c ? ? ?t N...am c M y0? O °0a°?o0ca .t3 cA ?.- ? ? a s ? U rn m •? ? D G V E C L ??4 E loo € mYg,? ??° ? pw oY3??``v> m a ?t?UJQ ryo?E C O vi C G N 7 ? N ? G $roo?.`SE C n m 1] Oyy ? i??aN o m C W o•5 ?y rn m C C p O 9 m w 4 7 s v a v 02 $ m gEw c 06 cf? O [A? 7 Qf _ mm??? VtlC? YV ?? ?rN 3!DVISOd sn X91# ``- ?° ? ?Qf}g? wa?j AelfaiN ? m m 900Zl91/60 w 9t?61S9ZH9?0 ..4' "> ?2?0 O p 9 ? [L m N ? Q i' Z ? ? O U d 00 ? ? H c a a? c E co a dO a N ti ul o U i N Cq CL Ls- LU a. CL S242 0 U. N 0 p % m O r J a? U m ? 'z U- L z .? ?W D T- Q W o??cQp'x z ° w- 7iC? Q Z mN a? T ?. O co a N m r L' ? ? a ? O N N N Q Z .- N C7 4- J [7 r Oy { b CA c N CO ? Q Z5 J r EXHIBIT A C m a d. m O C m s C. A V a ?c O U. If- er °'rn m V u.. t+ m M O U- a CD 1J U co to 0 LO 0 co N N Z C N a in 0 E Oct 116 08 01:04p Franklin County Sheriff 717 261-3882 In The Court of Common Plus of Cumberland County, Pennsylvania }1SBC Mortgage Services, Inc. vs. Timothy J. Simpson 2935 Constcllation Drive Chamhersburb, PA 17202 p.1 No. 2008-3583 'Corm Now, 4eptemfber 22, 2008, I, S1II RTFF OF CUMBERLAND C01JNTY, i'A, do hereby dcputirc the Sheriff of Frankfln County to execute this Writ, this deputation being made Lit the request and risk of'thc Plaintiff. -~ Sherlffd(AnnhMand C'ounly, PA - Affidavit of Service Now, 20 0? , at l `o'clock served the ?t?hc????? `?? `.':,vim - within upon. ?v??cs? ... . _ ... at F"Ll by handing to to .KL r a t'r1? j \, \ tro -copy of the original and made known totAJL1.ti > ?rt?? -the contents thereof. So answers, _ +' SherilTofT^?,) ?,•? t't M .1'A Swnrrt arld tiuhsca'itx d hcibtc me this ._-dny of ._,20.. CCUS'I , SERVICE $ MILEAGE' AFTIUAVIT S EX1r OT 6 Oct 16 08 01:04p Franklin County Sheriff 717 261-3882 In The Court of Common Pleas of Cumberland County, Pennsylvania HSBC Mortgage Services, Inc. vs. Shirley A. Simpson 2935 Constellation Drive Charnbersburb, NA 17202 p.2 No. 2008-3583 Term Now, September 22,2M, i, SI ILKIFF OF CUMNE LAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ this deputation being made at the request and risk or the Plaintiff. Slx:nn'of*0kmlxd;wllJjj©©umity, PA Affidavit of Service Now, 20 69 , at, / o'clock... 1'.-M, served the within4`4%a-U-L mow, ? > upon._/?, ica i, c.sue. _ e,( at_.._??1??5 11a by handing to tr1?¢` r_$N -.-copy of the original L'Y' A. _ and made known to `-44kr1,eK ?;.VA r the contents thereof. So answers, _ 01 Stxxi(1"oY«1?[at- COSTS Sworn and subscribed bcforo SERVICE $ me thi+ day i)l__ MILIsAGL'__.., AFFIDAVI'T' C(wmy, PA F_XHIBIT B ce 'i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HSBC Mortgage Services Inc is the grantee the same having been sold to said grantee on the 4 day of February A.D., 2009, under and by virtue of a writ Execution issued on the 18 day of August, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3583, at the suit of HSBC Mortgage Services Inc against Timothy J & Shirley A Simpson is a. D o ? D .563 ? duly recorded as Instrument Numbe IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of YXa41,9- , A.D. d-Lb 52q Iticorder of Deeds Rem,d of Cads, CwritodwW County. Cad*, PA My Cortwmion Ex0es N Fist Monday of JOL 2010 HSBC Mortgage Services, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Timothy J. Simpson and Shirley A. Simpson Writ No. 2008-3583 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Timothy J. Simpson and Shirley A. Simpson but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Franklin County Return: And now, October 13, 2008 at 1: o'clock PM, served the within Notice of Sheriff's Sale upon Shirley Simpson at 2935 Constellation Drive, Chambersburg, PA 17202 by handing to Shirley Simpson, personally and wife of Timothy J. Simpson, two certified copies of the original writ and made know to her the contents thereof. So answers: Dane Anthony, Sheriff of Franklin County, Pennsyvania. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2008 at 1717 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy J. Simpson and Shirley A. Simpson located at 3 South High St., Newburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of HSBC Mortgage Services, Inc. It being the highest bid and best price received for the same, HSBC Mortgage Services, Inc., of 636 Grand Regency Blvd., Brandon, FL 33510, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,199.38. Sheriffs Costs: Docketing $30.00 Poundage 23.52 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 40.00 Levy 30.00 Surcharge 40.00 Out of County 9.00 Franklin County 63.70 Postpone Sale 20.00 Law Journal 365.00 Patriot News 368.24 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 n ` ' ?`"' $1,199.38 ?/by?? r-? C`? ? -b , c°y' "? ra ? t''"t s'?ti ? _ __.t +_ ." -c3 -`,y `? -?= 3 ?' ty.) : r? ? ._ G+:! So Answers: R. Thomas Kline, Sheriff BY e S Real Estate "ergeant y c?.?s??c1h?" y 1., _? ..? r f?? k L ? ? ??-. -. ? ..?i ,.? , it„i, UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE -.ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF HSBC Mortgage Services, Inc. :.COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. ;MORTGAGE FORECLOSURE Timothy J. Simpson ::NO. 08=3583 CIVIL TERM Shirley A. Simpson Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Mortgage Services, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe?for the Writ of Execution was filed the following information concerning the real property located at: 3 South High Street, Newburg, PA 17240 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy J. Simpson Shirley A. Simpson 3 South High Street Newburg, PA 17240 3 South High Street Newburg, PA 17240 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Sherwin Williams Address to Follow 4. Name and address of the of record: Name ' HSBC Mtg. Services, Inc. Mortgage Electronic Registration Systems, Inc. last recorded holder of every mortgage Address 577 Lamont Road, Elmhurst, IL 60126 P.O. Box 2026, Flint, MI 48501-2026 PHFA, A Public Corp. and 211 North Front St., P.O. Box 15530 Government Instrumentally, Harrisburg, PA 17101-5530 Created by and Existing Pursuant to the Housing Finance Agency Law 5. Name and address of every other person who has any record lien on the property: Name Address none 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: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 3 South High Street Newburg, PA 17240 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDR LAW CES, P.C. DATED: August 12, 2008 ' BY: ATTO S NTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE i•-LOUIS SIMONI, ESQUIRE r 4 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingaeudren.com HSBC Mortgage Services, Inc. Plaintiff V. Timothy J. Simpson Shirley A. Simpson Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-3583 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Timothy J. Simpson 3 South High Street Newburg, PA 17240 Your house (real estate) at 3 South High Street, Newburg, PA 17240 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $128,632.40, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNZR'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 4 YOU MY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving,that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 A UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID. #75860 CHANDRA M. ARKEKA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Timothy J. Simpson :NO. 08-3583 CIVIL TERM Shirley A. Simpson Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Shirley A. Simpson 3 South High Street Newburg, PA 17240 Your house (real estate) at 3 South High Street, Newburg, PA 17240 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $128,632.40, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400.- 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARS THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAM10T AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ALL THOSE CERTAIN two tracts of land situate in the Borough of Newburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the East side of South High Street, in said Borough at line of land now or formerly of A. R. Heberlig; thence Eastwardly with the Heberlig land, 30 feet 6 inches to a comer or post; thence Southwardly with the Heberlig land, 7 feet to a point; thence continuing with the same, Eastwardly 139 feet to an alley; thence with said alley, 25 feet to a point at line of land of Tract No. 2; thence by Tract No. 2, Westwardly and through the partition wall of the two story brick dwelling house to a point at said South High Street, a distance of 169 feet; thence by said South High Street, 32 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on the East side of South High Street in said Borough at line of land of Tract No. 1; thence Eetwardly with Tract No. 1 and through the partition wall of the two story brick dwelling house, 169 feet to an alley; thence Southwardly with said alley, 35 feet to a point at line of land now or formerly of Annie M. Clark; thence Westwardly with said Clark land, 169 feet to said South High Street; thence with said South High Street, Northwardly 35 feet to the place of BEGINNING BEING KNOWN AS: 3 SOUTH HIGH STREET, NEWBURG, PA 17240 PROPERTY ID NO.: 24-21-0390-119 TITLE TO SAID PREMISES IS VESTED IN TIMOTHY J. SIMPSON AND SHIRLEY A. SIMPSON, HUSBAND AND WIFE BY DEED FROM JAMES R. TURNER, JOINED BY BARBARA J. TURNER, HIS WIFE DATED 9/22/05 RECORDED 9/27/05 IN DEED BOOK 271 PAGE 656. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3583 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC., Plaintiff (s) From TIMOTHY J. SIMPSON and SHIPLEY A. SIMPSON (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 $128,632.40 L.L.$ 0.50 Interest from 8/13/08 to Date of Sale 12/10/08 Ongoing Per Diem of $21.46 to actual date of sale including if sale is held at a later date -- $2,575.20 Atty's Comm % Due Prothy $2.00 Atty Paid $183.00 Other Costs Plaintiff Paid Date: 8/18/08 rothonota (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS SIMONI, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 VIRVE COPY FROM, E-GILDF31- Supreme Court ID No. 200869 in T+ oly wharadf, I here unto aet mY hN'. van'dw ON Qua d MW C at Car", Pa. luvasios a*sa 1,222j V .Ag 80OZ 18Z jsanV :ajrQ •utajaq palujocuo3uz aauanjoa slip Aq pue 1 jim slip Wm MU «V„ Iigiqxg uo paq!uasop AlIrg azotu . i oS £ s pa zaqumu pug umoux '2mgnnatq `.IS q Vd `A4unoD puejjaqumo `&ngmoX jo qgnojog uz pajwU!s fqzado id jva z aqj ui isajami s, iuupuajap a uodn polAol jjuaijS age 80OZ `8Z IsnSnV up 9tr# atlas aqvwa 1ge2t 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. October 31, November 7 and November 14, 2008 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. ?-= -I- ? 1?-- Q Lis Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Comn%oon Expires Apr 28, 2010 Writ No. 2008-3583 Civil HSBC Mortgage Services, Inc. VS. Timothy J. Simpson and Shirley A. Simpson Atty.: Mark Udren ALL THOSE CERTAIN two tracts of land situate in the Borough of New- burg, County of Cumberland, Com- monwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the East side of South High Street, in said Borough at line of land now or formerly of A. R. He- berlig; thence Eastwardly with the Heberlig land, 30 feet 6 inches to a corner or post; thence Southwardly with the Heberlig land, 7 feet to a point; thence continuing with the same, Eastwardly 139 feet to an al- ley; thence with said alley, 25 feet to a point at line of land of Tract No. 2; thence by Tract No. 2, Westwardly and through the partition wall of the two story brick dwelling house to a point at said South High Street, a distance of 169 feet; thence by said South High Street, 32 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a pwnt on the Z" sack cad' South H*h in aaW Owvugh at fine of id of Tract No. 1; thence UstwWAV with Tract No. 1 and through the pion wall of the two story brick dwelling house, 169 feet to an alley; thence Southwardly with said alley, 35 feet to a point at line of land now or formerly of Annie M. Clark; thence Westwardly with said Clark land, 169 feet to said South High Street; thence with said South High Street, Northwardly 35 feet to the place of BEGINNING BEING KNOWN AS: 3 SOUTH HIGH STREET, NEWBURG, PA 17240. PROPERTY ID NO.: 24-21-0390- 119. TITLE TO SAID PREMISES IS VESTED IN Timothy J. Simpson and Shirley A. Simpson, husband and wife by deed from James R. Turner, joined by Barbara J. Turner, his wife dated 9/22/05 recorded 9/27/05 in Deed Book 271 Page 656. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: P 10/29/08 11/05/08 11/12/08 Sworn toattd s "scribed before me,this 25 dav`of November, 2008 A.D. Notary Public COMMONWEALTH OF 1`3cNNSYLVANir iVotaria Sea! i Sherrie L. Kaner, Notary Public tri4yOfHamstwrt}, Dat:phin -'ounty r My Commission Expires Nov. 26, 20! Member. Pennsylvania Associatio rat Nntnrie= Real Estate Sale No. 46 Writ No. 2008-3583 Civil Term FISBC Mortgage Services, Inc. VS imothy J. Simpson and Shirley A. Simpson Attorney Mark Udren LEGAL DESCRIPTION ALL THOSE CERTAIN two tracts of land situate in the Borough of Newburg, County of Cumberland. Commonwealth of Pennsyltania. bounded and described as follows: TRACT NO,!: BEGINNING at a point on the East side of South High Street, in said Borough at line of land now or formerly of A. R. leberlig; thence Eastwardly with the. Heberlir land, 30 feet 6 inches to a corner or post; thence Southw•ardly with the Heberlig land, 7 feet to point; thence continuing with the samc- Eastwardly 139 feet to an alley: thence with said alley- 25 feet to a point at line of land of Tract No. 2; thence by Tract No. 2, Westwardly and through the partition wall of the two story brick dwelling house to a point at said South High Street, a distance of 169 feet; thence by said South High Street, 32 feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on the East side of South High Street in said Borough at line of land of Tract No.]; thence Eastwardlp with Tract No. I and-through the partition wall of the two story brick dwelling house, 169 feet to an alley; thence SouthwattTly with said alley. 35 feet to a point at line of land now or formerly of Annie M.- Clark; thence Westwardly with said Clark land, 169 feet to said South High Street: thence with said South High Street. Northward) 35 feet to the place of BEGINNING BEING KNOWN AS: 3 SOUTH HIGH STREET, NEWBURG, PA 17240 PROPERTY ID NO.: 24-21-0390-119 TITLE TO SAID PREMISES IS VESTED fv TIMOTHY J. SIMPSON AND SHIRLEY A_ SIMPSON, HUSBAND AND WIFE BY DEED FROM JAMES R. TURNER, JOINED BY BARBARA J. TURNER, HIS WIFE DATED 9i 22/05 RECORDED 9127/05 IN DEED BOOK 71 PAGE 656-