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Home My WebLink About09-0001This is a non-jury matter Assessment of Damages Hearing not required Not Arbitration matter 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 /'LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udrea.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS 636 Grand Regency Blvd :CIVIL DIVISION Brandon, FL 33510 Plaintiff :Cumberland County v. Daniel L. Hair .-- Linda M. Hair NO. 09 - ppp~ CiV~~ ~L°r'~ 12 Gobin Drive Carlisle, PA 17013 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 SHOtTLD 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 0 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 DEffiANDA A. UN ASOGADO I1~~DIATAi~NTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLA~ POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCQENTRA ESCRITA ASAJO PARA AVERIGIIAR DONDE SE PIIEDE CONSEGIIIR 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 RECORD2NG 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: 99 Courtyard Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 6/20/05 DATE RECORDED: 6/22/05 BOOK: 1911 PAGE: 3152 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 11/8/08: Principal of debt due $150,020.76 Unpaid Interest at 11.375~* from 4/1/08 to 11/8/08 (the per diem interest accruing on this debt is $46.75 and that sum should be added each day after 11/8/08) 10,378.50 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $333.64 and that sum should be added on the first of each month after 11/8/08) (380.16) Hazard Insurance 438.56 Attorneys Fees (anticipated and actual to 5~ of principal) 7,501.04 TOTAL $168,563.70 *This interest rate is subject to adjustmeat as more fully set forth in the Note aad 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 $168,563.70 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDR CES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE --LOUIS A. SIMONI, ESQUIRE ALL THAT CERTAIN UNIT IN THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS "THE COURTYARDS OF CARLISLE, A CONDOMINIUM COMMUNITY", LOCATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA WHICH HAS HERETOFORE BEEN SUBMITTED TO THE PROVLSIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 PA.C.S.A. SECTION 3101, ET SEQ., BY THE RECORDING IN THE OFFICE OF .THE RECORDER OF DEEDS IN ~1ND FOR CUMBERLAND COUNTY, PENNSYLVANIA, OF A DECLARATION DATED FEBRUARY 26, 1999, AND RECORDED APRIL 3.2, 1999, IN MISCELLANEOUS BOOK 610; PAGE 678, TOGETHER WITH ALL AMENDMENTS AND SUPPLEMENTS THERETO RECORDED ON OR BEFORE THE DATE HEREOF AND DESIGNATED AS UNIT NO. 144 AS MORE FULLY DESCRIBED IN SUCH DECLARATION, TOGETHER WITH THE PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS AS DEFINED IN SUCH DECLARATION. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS AND AGREEMENTS OF RECORD INCLUDING, BUT NOT LIMITED TO, THOSE.CONTAINED INTHE DECLARATION AND DECLARATION PLAN. November 12, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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, PLIES 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 PARR UN PRESTAMO POR EL PROGRAMA LLAMADO ~HOMEOWNER~S EMERGENCY MORTGAGE ASSISTANCE PROGRAMS EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 ~~~~~~,~ HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Daniel L. Hair _Linda M._Hair._____-- 99 Courtyard Drive .__Carlisle,_PA 17013,_,....._.__._._._. __0010796191 ____.._._._._.____ Accredited_Home Lenders. Inc. _.__._ .__HSBC_Mort a e Services, Inc.____._......._._._. _. ~._._. ~._._._.,.,.____._.__ _. HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YnTT MAY RF. F.T.TGTRT.F. FnR FTNAN(''TAT A4RT4TAl`TC'F WHTC'H (''AN SAVF. YnT1R HnMF FRnI~~: FORF[`'T ['1fiTTRF Al`T^ HF.T:P YnT1 MAKF. FTiTiT12T ~rn~~rn__ ~ nt+ n ,- s ~r"i P 1~T ~'1 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ~ACT~), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TF.MPnRARY STAY nF FnRF[''T nCTTRF _ Under the Act, you aze 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 face-to-faced meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THTfi MF,F.TTN(: MTT~T nrrim wr~runv ~HnW Tn (~T TR F YnT TR ~,rnu Tr a r_~ n~~ ~ r rr m~ ~TGAGF. i TP T(71~ATF ('.nNSTTMF.R C'RF,T)TT C'nTTN~FT ilyf A(`F~vrir, e _ jf 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. Th . nam .. y ar~drecc .c nd tPlenhnn numherc of decio ater~ ~nncnmer credit c~nneelinu agen~i .c for the ~n~,nt~ in ~=~hich the rc~Leri~~ is t_~tc~~ arm. cet forth t th .end of thic T`TnticP. It is only necessary to schedule one face-to-face meeting. Advise your lender immec~iatP.~ of your intentions. APPT.TC'ATTnN FnR MnRTCA(:F ASSTSTANCF -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 aze 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 Mil~T FILE YOUR APPLICATION PROMP'T'LY. 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. AC~F.NC'Y AC.'TTnN -- 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.) NATiTRF, nF TFiF. DF.FAi1i.T _ The MORTGAGE debt held by the above lender on your property located at: 99 Courtyard Drive Carlisle, PA 17013 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 $1823.86 for May 1, 2008 thro~h November 1, 2008 = 12767,02 _______. _Monthly_Late_Charges o~for May_ 1,..,._2008 through October 1S 2008 = X0.00 .__._._._._.____.-_..__ ___ _ Other charges (explain/itemize): ._, Hazard.=$43856 ___.-_ _TOTAL_AMOUNT PAST DiTE ~------____ ---._.~._._.__._._._-----.~i13Z~5.58_ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Dn not nee if not ~rYnliaahlP): L11LA HnW Tn C'iTRF. THF. DF.FAITi 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 $1~?~5.5$, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavmentc mutt hem ri eith r h~ each, rachier'c heck, certified ch l nr mnne~ order mane ~~} 1 and cent tn• You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Dn not neP if not arnilinahlPy; ly(A Page 3 of 3 iF Ynil i)[) NnT rimF. Tuh~ n~~srrr m _ If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends n zer is its righ s to ac 1 rat hp mn ggge deht_ 'j~s 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 fir . lnc . n~~n ynnr mnrtgggpd nrn~gr~~ IF TAF. MnRT(:A[~'F, iC FnRFri.ncFn rroniv _ 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 ~ nu cure the defaul wi hin h TNiRTY !'}Q) nAY nerinci~ ynn will not hP rewired to ~gX aftnrn~y's fP .s DTAF;R i.F.NnF,R RF.MF.niF.S -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 banlmiptcy without your having reaffirmed it, then lender cannot pursue this remedy. Ri(*AT Tn ['iTRF. TAF. DF.FAiTi.T PRinR Tn RAFRITF'S 4Ai F - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ynu still hav .the rig t t curE the default and prevent the cal at an ~ t_4 ime tu~tn nne hnur h~fnr h 4heriff'c 4 1 Yn ~ ma. ~~ h=, na.Vig the tntal amo ant hen act dues 1 ~c any late nr nther .barges then due,, raacnnahl . attnrney'c fees and casts cnnnecte with the fnrer,lncu cal and any nther cnetc nnn cted ~=pith th 4h riff'c 4al c ^ined in writing by the lender and h~ nrmin any nther re ~Lirementc under the mortis^~e, 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.1F.~T PnS~17ii.F. CRF.RT>F'F'C CAi z' n~~ _ It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately ~ 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 Mort~a„ge__._.__.__._....____._._____ _ ___.___ _ __ Address: 636 Grand Regency Blvd. _Brandona FL 33510_.____._....__._._.. Phone Number: __1.!800-333-7023___._____.__ Fax Number: :.__1-813-517-8680 Contact Person: __Loss Mitt_gation.Department_._._..._.__._______ F.FFF.C'T nF SHF'.RTFF'S SAi.F. -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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSiTMPTinN nF MnRTGA(*F -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 DEBTOR 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 ]N 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) 541-4670 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 Deny 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 ~rtified Mail Provides: A mailing receipt A unique identifier for your maiipiece 4 record of delivery kept by the Postal Service for two years wrtant Rem/nders: certified Mail may ONLY be combined with First-Class Mail® or Priority Mailp. certified Mail is not available for any class of international mail. ~O INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. p ielivery To~obtain Reium Hteucemip~se~rvr,ce please complete and attach a Retu ieceipt (PS Form 3811) to the article and add applicable postage to cover the se. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver for equped to retain receipt, a USPS® postmark on your Certified Mail receipt is ~ddresseg sdauthonzed adgelnt. Adv se the clerk or ark the mailp ece with the indorsement "Restricted Delivery", ' a postmark on the Certified MaU receipt is desired, please present the arti- 3ceipt is not needed, detach and affi z label w~th pos age and ma Irtified Mail 'ORTANT: Save this receipt and present it when making an inquiry. ~orm 3800, August 2006 (Reverse) PSN 7530-02-000-9047 __ ~~ r9 rl , ~ ~ ~ E lJ v ~ F t t O ~i ~ ll q T M to a rn a7 ~ o ~ {p N Q ~r~- ~i r y- ~ Cl. o ~r ~ ~ aa~seN ~, -.a o ~~ a ~~ ~ ~~~ -_ W ~~~ , o _____ o o"_ o o ~ r. ~ _ ,o ~ ~~ ~ ~.~.. ~, ----- ~~ ~~ ~~ ~ ~~~~ ~~~> ~~3= go~ca ~~ 0 _. 2 ~ ~ ~~ d ~ ~ ,~ v~ ,~ 3rtified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service tortwo-years portent Aeminders: Certified Mail may ONLY be combined with First-Class Mail® or Priority Mail. Certffied Mail is notavailable for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof of ii delivery. To obtain Return Receipt serwoe, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the `ee. Endorse mailpiece "Return Receipt Requested'. To receNe a fee waiver for 3 duplicate return receipt, a USPS® postmark on your Certified Mail receipt is •egwred. -or an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mallpiece with the Indorsement fiestrfcted Delivery'. f a postmark on the Certffied Mail receipt Is desired, Please present the arti- ;le at the post office for postmarking. If a postmark on the Certified Mail eceipt is not needed, detach and affix label with postage and mail. 'ORTANT: Save this receipt end present it when making an inquiry. =orm 3800, August 2008 (Reverse) PSN 7530-02-000.9047 - - -- - _- __ _ _ •~ ~ ~ S ^^ ffii ~~ ~ U ^ ~ ~ ~ ~ 1 ~ O ~ O C) ~ ^ ^ a'. •~ ~ ~ ~ f y d • ~( id o ~.0 O ~ ~ rn ~ ~/ E •~;~~ ~_ $~i ~E V ~~m ~~~~~ ~ ,~ ~~ m ~3r~ C~~ v>•mr~ ~ v ._ V EcwWO~ •• ra $a ii ^ ^ ~ • ~~ Q L\ 1/ i~ m O O ~I !ti O v I~ O a E 1~ r1J 0 m ft l i~ O M1 ~ ~~~ 2 T 2 g M U ~ ~ ~ V_ N d m u~ 0 rn Ch '" °~ .- ;-'~ o a ~ ''~ E ~ ~ ~ LL r ~ 'r W aa~seH o ______ o ._ r W ~~r O fU ~ ~~ O O O ~~ O O ~ ~~~ O • ~.1 O ~~ ~ ~~~ 0.~ M~~ ~$ 3 ~ ~_ c~ a~ ~ ,`~-: ~ ~_ ~ ~ ~ -~ ~~ ~ ` ~ ~. ~ ~ ~ _ ~ ~ ~ ~ -_ _ ~ .~ Y 0 d Mail Provides: ing receipt ue identifier for your mailpiece .rd of delivery kept by the Postal Service for two years ~t Remlrrders: ed Mail may ONLY be combined with First-Class Mail®or Priority Mail® ied Mai- is not available for any class of irttemational mail. NSURANCE COVERAGE IS PROVIDED with Certified Mail. Fot tiles, please consider Insured or Registered Mail. n additional fee; a Return Receipt may be requested to provide proof of;, pry. To obtain Return Receipt service, Please c°m~pb' postageohcovertt A ipt (PS Form 3811) to the arUCle and add app ndorse mailpiece,"Return Receipt Requested'. To receive a fee waiver for, rlicate return receipt, a USP^..® postmark on your Certfied Mail recerpt is red. an additional fee, delivery may be restricted to the addressee of assee's authorized aggent. Advise the clerk or mark the mailpiece with th~ trsement "RestrictedDelrvery.". postmark on the Certified Mail receipt is desired, please present the arti- -t the post office for postmarking: If a postmark on the Certrfied Mar ipt is not needed, detach and affix~1abel with postage and mail. iTANT: Save this receipt and present it when making an inquiry. n 3800, August 2006 (Reverse) PSN 7530-02-000-9047 - , ~ ~ i o^ ~ 00 U ,~ ;. ~ ~ . ~ ' ~ Y «t~l~l~! !~ ~ d X m o ~~~_ m c«« ~ ~~ Y V ~~~~~ ai~v Er ~ ~~ ia~s ~~~ ~~ ~.~ m~~;~L T L ''' av~G~~o. ~ra ~Q `o ^ ^ ^ ~~ .~ .~ O U 8 ~~ ~ m ~~ ~~ ~1 ~ L ~~ r U ' d~ ~ r ~~ ~' m S r~ O C~ O O C 0 O t~ l~ m N O O N ~ .~ Z ~ M ~ € d t. ~ N a M O c `" ~ i~ ~ F. ~ CV E (n z ~'~" LLa Q :~ a ~ ~~ ~ ~ .~a~se~ o o '~`~ ~ _ w o ru a ~~ ~~ o ~. o o --~ o o ~~ ~ ~ o ~~~ ~ ~ r ~~ w ~~ -_~ ('~, -~~ c5' ~+ ~- ~, .~ U ~~° p C~Vp$ dO ~ V~ati ~~z ~~ ~ ~ ~ U ~~A'~ ~ \ F Q z~3 A ,.,e .~ A}$ 6 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 Rem/ndera: ^ Certified Mail may ONLY be combined with First_Class Made or Priority Mal i ^ Certrfied Maii is not available for any class of international mail. ^ NO INSURANCE COVERAGE IS PROVIDED with Certrfied Mail. R valuables, please consider Insured or Registered Mail. p ^ d (very To itobtain R ium Re~cemip~servrlce p y~a~se c~orunp,etea~d attach a Reiur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS® postmark on your Certified Mail recei t i required. p ^ For an additional fee, delivery may be restricted to the addressee c addressee's authorized a ent. Advise the clerk or mark the mailpiece with th endorsement 'Restricted idelivery" ^ 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 Ma 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 tr M1 ~0 D I~- O O Cl O 0 fU O m N O 0 Z _m CV 2 u a D 1 1 •-- N ~~ ~p ~ Oa ,~ Q '' O ~ ~' v E C/) SV ~ ",~ o ~ N .r tl. ~ ~ ,~ '~ .Na~S~H "~; ~' ~ +~~~~~, r y F:*.~~ ~~ o - o ~~ ~ .~~ w ~~ v T ru ~~ '~ O ~~~ O O O ~~ O ~~ O ~ ~ ~ O "'~~ ~~ ~ ~~ ~ '~~~ W ~~ Q' ~ ~~ st U~ ~WWU~~r ~~~z 4~ a ~U x ~.~ F+ z~~~ w .~ a~~ ,~ S ~~ ~ c~ s 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 ICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE =+I °• 0 ~ ~ 0 g ~..., .L C~ c~ op ~ ~~ ~ °r ~ ~.°° ~~ s 'Y' =W? n~ ~.. - ~_ ,, ~...., ~~, 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 BAY HARBOR LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 10 day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 10 day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 0001, at the suit of HSBC MTG SERV INC against DANIEL L HAIR & LINDA M is duly recorded as Instrument Number 200924433. IN TESTIMONY WHEREOF, I have he f~unto set my hand and seal of said office this ~ l day of A.D. a~~ ~ ,, /~ Recorder of Deeds Hear cf C3a.d~, Ctirribar~and County. CadirM, P4 My E~ires 1FN Fht MonApy of Jm. 99i0 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2009-1 Civil Term HSBC Mortgage Services, Inc. Vs Daniel L. Hair and Linda M. Hair Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 20, 2009 at 1622 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Daniel L. Hair and Linda M. Hair, by making known unto Linda Hair, wife of Daniel L. Hair,personally, at, 12 Gobin Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Apri14, 2009 at 0923 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 Daniel L. Hair and Linda M. Hair, located at 99 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Daniel L. Hair and Linda M. Hair, by regular mail to their last known address of 99 Courtyard Drive, Carlisle, PA 17013. This letter was mailed under the date of Apri16, 2009 and never returned to the Sheriffs Office 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 June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $125,410.00 to Attorney Kimberly Bonner, on behalf of Bay Harbor Loan Servicing, LLC, of, 4 State Road, # 520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 131,945.54. Sheriff s Costs: Docketing 30.00 Poundage 2,508.20 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary Milage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers i/ ~~ R. Thomas Kline, Sheriff t~.~,. By tom,. Real Estate Coordinator 2.00 9.00 15.00 30.00 355.00 344.42 15.43 25.00 49.50 3,472.05 ~~ ~ /rs/v 9 ~- FILE .:-~.,, ~, n~ ~.. 3.~ ' ' ..~' Ir,`~Y ~.;1!1Q E' it R 3 t,~ ~ Z , n ,. G..',Y._ .. "~~ i=. ~~ yx~w c~ ~-~v~~ ~ `~ ~ ! '1 SCHEDULE OF DISTRIBUTION ' = ~ SALE N0.31 Date Filed: 6/30/09 Writ No. 2009-0001 Civil Term HSBC Mortgage Services, Inc. VS Daniel L. Hair and Linda M. Hair 99 Courtyard Drive Carlisle, PA 17013 Sale Date: ~~ June 10, 2009 Buyer: Bay Harbor Loan Servicing, LLC Bid Price: $ 125,410.00 Real Debt: $173,959.12 Interest: 5,610.00 Attorney Writ Costs: 214.00 Total: $ 179,783.12 DISTRIBUTION: Receipts: Cash on Account (02/02/2009): $ 1,500.00 Cash on Account (06/10/2009): 12,541.00 Cash on Account (06/25/2009): 119,404.54 Total Receipts: $133,445.54 Disbursements: Sheriffs Costs $ 3,472.05 Legal Search 300.00 Transfer Tax, State 1,863.67 Transfer Tax, Local 1,863.67 Borough of Carlisle Tax Collector 2,077.16 Courtyards of Carlisle UOA (Home Owners Assoc.) 2,816.39 Attorney Mark J. Udren 1,500.00 HSBC Mortgage Services, Inc. 119,552.60 Total Disbursements: ($133,445.54 ) Balance for distribution: 00.00 So Answers: '~-~- R. Thomas Kline Sheriff _ .~ SNELBAKER & B~ZENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 31 held June 10, 2009 EFFECTIVE DATE: June 10, 2009 PREMISES: 99 Courtyard Drive, Borough of Carlisle, Cumberland County, Pennsylvania, Tax Parcel No. 06-18-1371-002-U144 (the "Premises") RECITAL: Being the same premises which COC Associates, a Pennsylvania limited partnership by its deed dated June 20, 2005 and recorded June 22, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 269, Page 2394, granted and conveyed unto Daniel L. Hair and Linda M. Hair, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to~the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to any liens arising from unpaid condominium association fees and any assessed condominium fees with respect to the Premises. 21. Mortgage in the amount of $153,217. 00 from Daniel L. Hair and Linda M. Hair to Accredited Home Lenders, Inc. dated June 20, 2005 and recorded June 22, 2005 in Mortgage Book 1911, Page 3152, assigned January 20, 2009 in Instrument No. 200901465 to HSBC Mortgage Services, Inc. 22. Judgment against Daniel Hair and Linda M. Hair in favor of HSBC Mortgage Services, Inc. in the amount of $173,959.12 entered February 10, 2009 to No. 2009-0001 with respect to the mortgage identified above. 23. Judgment against Linda Hair in favor of Fred E. Zimmerman in the amount of $4,313.63 entered September 12, 2007 to No. 2007-5428. 24. Subject to the Declaration in Miscellaneous Book 610, Page 678 as amended as follows: in Misc. Book 628, Page 760, Misc. Book 644, Page 624, Misc. Book 672, Page 614, Misc. Book 683, Page 2441, Misc. Book 689, Page 1837, Misc. Book 700, Page 17, Misc. Book 706, Page 1658, Misc. Book 710, Page 4252, Misc. Book 714, Page 858 and Misc. Book 685, Page 3603. 25. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plans of The Courtyards of Carlisle recorded in Plan Book 76, Page 94. and Plan Book 90, Page 22. 26. Subject to the rights of others in and to all common elements. 27. Subject to the rights granted to PPL Electric Utilities Corp. in Misc. Book 679, Page 226, Misc. Book 696, Page 1863 and Misc. Book 718, Page 496. 28. Subject to the rights grant PPL in Misc. Book 148, Page 257. 29. Subject to the rights granted The United Telephone Company of Pennsylvania in Misc. Book 237, Page 780. 30. Subject to the rights granted Raystay Co. doing business as TV Cable of Carlisle in Misc. Book 586, Page 879. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. ~~ ~~~-~ By: Keith O. Brenneman -3- REAL ESTATE SALE NO. $1 Writ No. 2009-001 Civil HSBC Mortgage Services, Inc. .~ vs. Daniel L. Hair and Linda M. Hair Atty.: Mark J. Udren ALL THAT CERTAIN unit in the property known, named and identi- fied in the declazation referred to be- low as "The Courtyards of Carlisle, a Condominium Community", located in the Borough of Cazlisle, County of Cumberland and, Commonwealth of Pennsylvania which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condo- minium Act, 68 Pa.C.S.A. Section 3101, et seq., by the recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, of a declaration dated February 26, 1999, and recorded April 22, 1999, in Miscellaneous Book 610, Page 678, together with all amendments and supplements thereto recorded on or before the date hereof and designated as Unit No. 144 as more fully described in such declaration, together with the proportionate undivided interest in the common elements as defined in such declazation. UNDER AND SUBJECT to any and all covenants, conditions, restric- tions, rights of way, easements and agreements of record including, but not limited to, those contained in the declaration and declaration plan. BEING KNOWN AS: 99 Courtyard Drive and Carlisle, PA 17013. PROPERTY ID NO.: 06-1$-1371- 002-6144. TITLE TO SAID PREMISES 15 VESTED IN Daniel L. Hair and Linda M. Hair, husband and wife by Deed from COC Associates, a Pennsylva- nia Limited Partnership dated 6/ 20/2005 recorded 6/22/2005 in Deed Book 269 Page 2394. EXHIBIT A ~ UDREN LAVA OFFICES, P.C. ATTORNEY FOR PLAINTIFF ,E~ARK~J. UDREN, ESQUIRE - ID #04302 STI3A]~T WINNEG, ESQUIRE - ID #45362 LORRAIZT$ DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75'860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com HSBC Mortgage Services, Inc. '_COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County ;MORTGAGE FORECLOSURE Daniel L. Hair ENO. 09-0001 Civil Term Linda M. Hair 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: 99 Courtyard Drive, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Daniel L. Hair 12 Gobin Drive Carlisle, PA 17013 Linda M. Hair 12 Gobin Drive Carlisle, PA 17013 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 Fred E. Zimmerman 660 N. Middle Rd. Newville, PA 17241 4. Name and address of the last recorded holder of every mortgage of record: Name Address HSBC Mortgage Services, Inc. 636 Grand Regency Blvd Brandon, FL 33510 5. Name and address of every other person who has any record lien on ,the property: Name Address r 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 Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 170.13 13 N. Hanover St. 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 99 Courtyard Drive Carlisle, PA 17013 Courtyards of Carlisle, Condo Address to follow 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. DATED: February 10, 2009 UDREN LAW _.QEE.I.CE.$~ P . C . BY ~ ~ ./ Attorneys for Plaintiff MARK J. UDREN, DIRE 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 ~STi~ART, WINNEG, ESQUIRE - ID #45362 ~ ~''LbRRAINE DQYLE,'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 v. :Cumberland County =MORTGAGE FORECLOSURE Daniel L. Hair -NO. 09-0001 Civil Term Linda M. Hair Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel L. Hair 12 Gobin Drive Carlisle, PA 17013 Your house (real estate) at 99 Courtyard Drive Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 10, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $173,959.12, 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 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.) • YOU MAY STILL,BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ._ r ~ 1. I,f 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 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. ATTORNEY FOR PLAINTIFF '• MARK J.. UDREN, ESQUIRE - ID #04302 ~SfiIIART WINNEG, • ESQUIRE - ID #45362 LORRAYNE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, 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 v. :Cumberland County :MORTGAGE FORECLOSURE Daniel L. Hair =_NO. 09-0001 Civil Term Linda M. Hair Defendant (s ) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Linda M. Hair 12 Gobin Drive Carlisle, PA 17013 Your house (real estate) at 99 Courtyard Drive Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June, 10, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $173,959.12, 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 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RI(aHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE . , 1. If the Sheriff's Sale i~ 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 LAgtYER 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 ALL THAT CERTAIN UNIT IN THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS "THE COURTYARDS OF CARLISLE, A CONDOMINIUM COMMUNITY", LOCATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA WHICH HAS HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 PA.C.S.A. SECTION 3101, ET SEQ., BY THE RECORDING IN THE OFFICE OF 'THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, .PENNSYLVANIA, OF A DECLARATION DATED FEBRUARIF 26, 1999, AND RECORDED APRIL 22, 1999, IN MISCELLANEOUS BOOK 610; PAGE 678, TOGETHER WITH ALL AMENDMENTS AND SUPPLEMENTS THERETO RECORDED ON OR BEFORE THE DATE HEREOF AND DESIGNATED AS UNIT NO. 144 AS MORE FULLY DESCRIBED IN SUCH DECLARATION, TOGETHER WITH THE PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS AS DEFINED IN SUCH DECLARATION. UNDER. AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS AND AGREEMENTS OF RECORD INCLUDING, BUT NOT LIlVIITED TO, THOSE CONTAINED IN THE DECLARATION AND DECLARATION- PLAN. BEING KNOWN AS: PROPERTY ID NO.: 99 Courtyard Drive and Carlisle, PA 17013 06-18-1371-002-6144 TITLE TO SAID PREMISES IS VESTED IN DANIEL L. HAIR AND LINDA M. HAIR, HUSBAND AND WIFE BY DEED FROM COC ASSOCIATES, A PENNSYLVANIA LIMITED PARTNERSHIP DATED 6/20/2005 RECORDED 6/22/2005 IN DEED BOOK 269 PAGE 2394. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAI.,TH OFPENNSYLVANIA) NO09-1 Civil COUNTY OF CUMBERLAND) T CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC Mortgage Services Inc. Plaintiff (s) From Daniel L. Hair Linda M. Hair (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$173959.12 L.L.$.50 Interest from 2/11/09 to Date of Sale June 10, 2009 ongoing per diem of $46.75 to actual date of sale including if sale is held at a later date $5610.00 Atty's Comm Atty Paid $214.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: February 10, 2009 (Seal) rtis R. Lo ton ry By: Deputy REQUESTING PARTY: Name Mark J. Udren, Esq. Address: Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attorney for: Plaintiff Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 31 On February 12, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 99 Courtyard Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date:: February 12, 2009 ~, ~_~ _ _, ---, v u ~::7 ~ -Yi r,~ ~ c~ "~ c~ ~~~ ~` '~ ~ _ ;. ~ 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: May 1, May 8, and May 15, 2009 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. REAL ESTATE SALE NO. 31 Writ No. 2009-001 Civil HSBC Mortgage Services, Inc. ~-- °S' is Marie Coyne, Edit Daniel L. Hair and Linda M. Hair Atty.: Mark J. Udren SWORN TO AND SUBSCRIBED before me this ALL THAT CERTAIN unit in the 15 da of Ma .2009 property known, named and identi- y y , fled in the declaration referred to be- low as "The Courtyards of Carlisle, a Condominium Community", located ' in the Borough of Carlisle, County of NOtary Cumberland and, Commonwealth of No. 144 as more fully described in Pennsylvania which has heretofore such declaration, together with the been submitted to the provisions of proportionate undivided interest in the Pennsylvania Uniform Condo- the common elements as defined in minium Act, 68 Pa. C.S.A. Section such declaration. 3101, et seq., by the recording in UNDER AND SUBJECT to any NOTARIAL SEAL the Office of the Recorder of Deeds and all covenants, conditions, restric- DEBORAH A COLLINS in and for Cumberland County, bons, rights of way, easements and Notary Public Pennsylvania, of a declaration dated ageements of record including, but CARLISLE BORO, CUMBERLAND COUNTY February 26, 1999, and recorded not limited to, those contained in the My Commission Expires Apr 28, 2010 April 22, 1999, in Miscellaneous declaration and declaration plan. Book 610, Page 678, Together with BEING KNOWN AS: 99 Courtyard all amendments and supplements Drive and Carlisle, PA 17013. thereto recorded on or before the PROPERTY ID NO.: 06-18-1371- 1 date hereof and designated as Unit 002-6144. TITLE TO SAID PREMISES IS VESTED IN Daniel L. Hair and Linda M. Hair, husband and wife by Deed from COC Associates, a Pennsylva- nia Limited Partnership dated 6i 20/2005 recorded 6/22/2005 in Deed Book 269 Page 2394. '' 'The Patriot-News Co. 812 Market St. Harrisburg, ~P'A 17101 i Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ~e~latriot News NoW you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 RMI #li Nq; 81- ''" 111Kr1t Nes'. ~ t;IWI'1'~i'1h"' I~i88C ~114~,Sarvlc~, Inc. ' panl~l.4 Hal antl tlk+tfb M: ? ~drtl~y Aw~rk .k'i~ran ~~}} 'LEQ~-t ®~/ u'~S~ I Ut711 ~.' ~Il~i ~c>'X , xrtd~ut~; xA nrm ~ >N filE .I~a:ptRA~rlotJ :ISLE; ~ A ~; LOCATI~ CARLISLE, .HD AND A~.T; b8 'S~'",.« CUMS1IItI,A1`(~1 ~~~, OF. A ~ DpT$D 1~EBRtJARX ' 2k; RECORDED APRtt,' 22, This ad ran on the date(s) shown below: 04/24/09 05/01 /09 05/08/09 ......... ...'l r~~'y~-~~ ....... . Sworn to ubscribed before me thi& °I2 ~! of-May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shortie L. Kisser, Notary PubNc ~ ~ moires Nov. 26, 2M 1 Member, Pennsylvania Association of Notaries AND Slt~l1TS THERBI'n 14~~M~ ~'ll'l~~~' IIYilaA/ IbiNi,-~ f.ptAF~& fl~Qllq~r~ad Ddve tsd. k~l t~3 U. L. 1iAQ2 ANA LiKpA h!. 11A~, (J!ID ANp ,WIAB. HY D~ Amt d~&541C(l~l'f~3,- A` ~A~F3~I~i1LA~oA ~~b~ 9~ H ~' ~ '