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HomeMy WebLinkAbout09-0550SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 ; PLAINTIFF VS. ; Melody L. Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY ?"?o C F V , rih NO.. 6 9 _ - l --t CIVIL ACTION - EJECTMENT 21000 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 05-24646 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS for the registered holders of the Renaissance CUMBERLAND COUNTY Home Equity Loan Asset-Backed Certificates, Series 2005-1 NO.: PLAINTIFF VS. Melody L. Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS ; CIVIL ACTION - EJECTMENT Plaintiff hereby complains against Defendants as follows: 1. Plaintiff, HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 ("Plaintiff'), a corporation, has an office located at 1665 Palm Beach Lakes, Suite 105, West Palm Beach, FL 33401, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are Melody L. Pottorff and Occupants ("Defendants") and they reside at 1012 Mill Road, Mechanicsburg, PA 17050 (the "Premises"). 3. The Premises, which is where the ejectment is to take place, is located at 1012 Mill Road, Mechanicsburg, PA 17050. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of CUMBERLAND County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment in Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of. HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 v. Melody Potorff. The case number of said Judgment is: 05-5074. 6. The Sheriffs sale was held on: December 10, 2008 7. Melody L. Pottorff and Carmi M. Wire were the previous owners of the Premises by virtue of a Deed dated January 7, 2005, and recorded in the Office of the Recorder of Deeds for CUMBERLAND County, Pennsylvania on January 18, 2005, in Deed Book 267, Page 876, CUMBERLAND County, Pennsylvania and the said Carmi M. Wire departed this life on or about August 6, 2007 thereby vesting title in Melody L. Pottorff. 8. Plaintiff purchased the Premises at the Sheriffs sale. 9. Plaintiff acquired valid title to the Premises on the date of and by virtue of said Sheriffs sale. 10. Plaintiff is still the real owner of said Premises and is entitled to immediate possession of the Premises. 11. The Deed in favor HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005- 1 was recorded with the CUMBERLAND County Department of Records as Instrument No. 200840571, on December 29, 2008. 12. Said Deed is a matter of public record and therefore, is hereby incorporated by reference herein as though fully set forth at length. A true and correct copy of the Sheriff s Deed, is attached hereto, incorporated herein by reference, and marked as Exhibit "B." 13. The persons in possession of the Premises are believed to be the Defendants in this action who are occupying the Premises without right and without claim to title. 14. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiff demands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully submitted, SHAPIRO & DENARDO, LLC Date: n7 BY: Leg ie J. Rase, Esquire Attorney for Plaintiff File # 05-24646 ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follwsa, to wit: BEGINNING at a point on the center line of a public road at the southeast corner of lands now or formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of Adam Snyder for a a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of 51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56 minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the center line of said public road; thence North 45 degrees 28 minutes West by said center line for a distance of 140.28 feet to to point and place of BEGINNING. BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger, Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling with a basement garage. BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L. Potorff and Carmi M. Wire. EXHIBIT "A" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200840571 Recorded On 12129/2008 At 9:32:21 AM * Total Pages - 5 * Instrument Type - DEED-SHERIFF'S Invoice Number - 34392 User ID - MSW * Grantor - POTTORFF, MELODY L * Grantee - REGISTERED HOLDERS OF THE RENASISSANCE HOME EQUITY LOAN ASSET-BAC * Customer - SHERIFF * P'bE8 STATE IMIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION VMS AFFORDABLE HOUSING COU14TY ARCHIVES rSE ROD ARCHIVES FEE CWtBERLIIND VALLZY SCHOOL DISTRICT RANPDEN TOIINSHIP TOTAL PAID $0.50 $10.00 $12.50 $10.00 $11.50 $2.00 $3.00 $0.00 $0.00 $49.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O/D D$ • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. EAh;b;V "8" y . D`lle._ 000u01 Tax Parcel No. 10-17-1033-026 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to HSBC Bank USA, N.A., as Indenture Trustee for the Registered Holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 Real Estate Sale No. 43 Writ No. 2005-5074 Civil Term HSBC Bank USA N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 VS Melody L. Pottorif Attomey Michael Clark LEGAL DESCRIPTION ALL THAT CERTAIN tot or tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of a public road at the southeast comer of lands now or formerly of Adam Snyder, thence North 40 degrees 13 minutes East by lands now or formerly of Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East for a distance of72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of 51.38 feet to a stake; timmm South 38 degrees 35 minutes East by lands now or formerly of Grantor leased to Lloyd Eby for a distance of 25 feet to a stake; thence South 38 degrees 56 minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the center line of said public road; thence North 45 degrees 28 minutes West by said center line for a distance of 140.28 feet to the point and place of BEGINNING. BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger, Registered Surveyor, and dated April 9,1956, and improved with a one story frame dwelling with a basement garage. BEING the same premises which Kurt Anthony Stelzer and Elisabeth L. Stelzer, husband and wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L. Pottorff and Canni M. Wire. The same having been sold by me to the said grantee on the 10th day of December Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 22nd day of August Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Five (2005) Number 5074 at the suit of HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 against Melody L. Pottorfl. l7he same having been sold by me to the said grantee on the 10th day' of December Anna Domini Two Thousand and Eight (2008) after due advertisement according, to law, under and by Virtue ofa Writ of Execution issued on the 22nd day of August Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term. Two Thousand and Five (2005) Dumber 5074 at the suit of HSBC Bank USA, N.A., as Indenture Trustee for the registered holders' of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-::1 against Melody L. J"ottorff 1 auau tagea uny urive Orlando, .FL 32826 S icitor VERIFICATION The undersigned, an officer of the Corporation, which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: January 26, 2009 tTLE Jessica bas Defaul Se icing Liaison NY: O Loan Servicing, LLCs File # 05-24646 N r; f+1 CJ4 C 1 a t?-_ ,y A ?» j W s s ?' ? w cr+ p c d s a SHERIFF'S RETURN - REGULAR CASE NO: 2009-00550 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA N A VS POTTORFF MELODY L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon POTTORFF MELODY L the DEFENDANT , at 0016:22 HOURS, on the 5th day of February-, 2009 at 1012 MILL ROAD MECHANICSBURG, PA 17050 MELODY POTTORFF a true and attested copy of NOTICE COMPLAINT IN EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 10.80 J .00 10.00 R. Thomas Kline .00 38.80 02/06/2009 SHAPIRO & DEN By: day Deput Sheriff A.D. by handing to C\j - Y SHERIFF'S RETURN - REGULAR CASE NO: 2009-00550 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA N A VS POTTORFF MELODY L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon OCCUPANT(S) the DEFENDANT at 0016:22 HOURS, on the 5th day of February , 2009 at 1012 MILL ROAD MECHANICSBURG, PA 17050 JEREMY HART (ADULT SON) a true and attested copy of NOTICE COMPLAINT EJECTMENT 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 of So Answers: 6.00 r?? 'rc mt.C .00 .00 10.00 R. Thomas Kline .00 16.00 02/06/2009 SHAPIRO & DENAR By: day eputy Sheriff , A. D. by handing to together with 0 0 h i ? V 4 , I Y° 4 ' J . C:Lt1 - ? C7 a --3 N U SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL VS. Melody Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS PRAECIPE FOR JUDGMENT FOR POSSESSION FOR FAILURE TO ANSWER Enter Judgment for immediate possession of the Premises located at: 1012 Mill Road, Mechanicsburg, PA 17050, in favor of Plaintiff and against the Defendants above captioned for failure to file an answer to Plaintiffs Complaint within 20 days from service of the Complaint. BY. G% eslie J. Rase, Esquire Attorney for Plaintiff AND NOW, judgment for immediate possession of the Premises located at 1012 Mill Road, Mechanicsburg, PA 17050 is entered in favor of th laintiff and ainst the Defendants. o. Prothy. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF vs. Melody Pottorff and Occupants DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Melody Pottorff DATE OF NOTICE: February 26, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR 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 LA FECHA DE ESTA NOTIFICACION, EL TRIBUNA PODRA, SIN NECESIDAD DE COMPARARECER USTED IN CORTE O ESCUCHAR PREUBA 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 O 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 ASSITENCIA LEGAL: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Melody Pottorff 1012 Mill Road Mechanicsburg, PA 17050 Occupants 1012 Mill Road Mechanicsburg, PA 17050 Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF ; Vs. Melody Pottorff and, Occupants DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Occupants DATE OF NOTICE: February26, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR 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 LA FECHA DE ESTA NOTIFICACION, EL TRIBUNA PODRA, SIN NECESIDAD DE COMPARARECER USTED IN CORTE O ESCUCHAR PREUBA 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 O 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 ASSITENCIA LEGAL: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Melody Pottorff 1012 Mill Road Mechanicsburg, PA 17050 Occupants 1012 Mill Road Mechanicsburg, PA 17050 Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF VS. Melody L. Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04 , _5',SU - Lo,'v , AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Florida COUNTY OF Orange s.s.. 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 named Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Melody L. Pottorff Age: Over 18 Residence: 1012 Mill Road, Mechanicsburg, PA 17-050 Employment: Unknown Defendant: OCCUPANT Age: Unknown Residence: 1012 Mill Road, Mechanicsburg, PA 17050 Employment: Unknown essica Sworn to and subscribed before me this 26th day of January 2009. Olul Notary PublicIc/ icing Liaison Loan Servicing, LLC MYCO •,•,n,??w?q A Q LIftM 3 ON # 00801078 p`Y f4, 20f? 05-24646 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF VS. Melody Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL CERTIFICATE OF SERVICE I, Leslie J. Rase, Esquire hereby certify that I have served true and correct copies of the attached papers upon the following persons named herein at their last known address or their attorney of record by regular mailing, postage pre-paid, as follows, on Melody Pottorff 1012 Mill Road Mechanicsburg, PA 17050 Current Occupant 1012 Mill Road Mechanicsburg, PA 17050 BY: d s J. Rase, Esquire Attorney for Plaintiff ..gyp. XO -C- C , j c r s 2 _ r c n - . 10 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long, Prothonotary TO: Melody Pottorff 1012 Mill Road Mechanicsburg, PA 17050 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF VS. Melody Pottorff and Occupants ; 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, ou are hereby notified that a Judgment has been entered against you in the ove e i gas indicated below. urtis R. L g Prothonotary [XX] Judgment by Default [XX] Judgment for Possession IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE BY CALLING (610) 278-6800 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long, Prothonotary TO: Occupant 1012 Mill Road Mechanicsburg, PA 17050 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 ; PLAINTIFF VS. ; Melody Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, yoq are hereby notified that a Judgment has been entered against you in the ve pr c in s indicated below. Curtis R. ong Prothonotary [XX] Judgment by Default [XX] Judgment for Possession IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE BY CALLING (610) 278-6800 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL VS. Melody Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above matter for property located at 1012 Mill Road, Mechanicsburg, PA 17050 as more fully described in the Complaint. (Costs to be added) $ 1 G% WA IRO & DENARDO, LLC LESLIE J. RASE, ESQUIRE QV ? Z a U, 0 ID ° o0 B00 V -c c:a c.ts w?c? SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 PLAINTIFF VS. Melody Pottorff and Occupants DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, February 26, 2009, to: Melody Pottorff 1012 Mill Road Mechanicsburg, PA 17050 Occupants 1012 Mill Road Mechanicsburg, PA 17050 Laraine Colwell, Legal Assistant SHAPIRO & DENARDO, LLC 0 ' _. c ,. T# ril 0 ?r L SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 05-24646 HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 PLAINTIFF VS. Melody Pottorff and Occupants 1012 Mill Road Mechanicsburg, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-550-CIVIL CERTIFICATION OF ADDRESS I hereby certify that the correct addresses of the judgment creditor (Plaintiff) and that the last known address of the judgment debtors (Defendants) are as above. SHAPIRO & DENARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff C3 ^' car c? ? -n Fri £?5 s ""' -3j CD . J W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, N.A, as Indenture Trustee for the registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 12650 Ingenuity Drive Orlando, Florida 32826 VS. No. 09-550 Civil Term_ MELODY POTTORFF and OCCUPANTS 1012 Mill Road Mechanicsburg, PA 17050 Costs Attorney's $ 171.30 Plaintiff s $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) HSBC BANK USA, N.A, as Indenture Trustee for the registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1, being: (Premises as follows): 1012 MILL ROAD, MECHANICSBURG, PA 17050 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. (YA'"420 is R. Lo o ono , Common Pleas Court of timberland County, PA Date 3/10/09 (Seal) 2of2 No 09-550 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, N.A, as Indenture Trustee for the registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 VS. MELODY POTTORFF and OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 171.30 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: LESLIE J. RASE, ESQUIRE SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 610-278-6800 ID# 58365 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , So Answers, Sheriff Sheriffs Office of Cumberland County R Thomas Kline 4oOt r of f luffbrrf y? Edward L Schorpp Sheriff Solicitor Ronny R Anderson °. z .' Jody S Smith Chief Deputy <)MCE F 7?< SPCRIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/16/2009 07:37 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2009 at 1937 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Melody Pottorff, by making known unto Joshua Pottorff, adult in charge for Melody, at 1012 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/16/2009 07:37 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2009 at 1937 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Occupant(s), by making known unto Joshua Pottorff, occupant, at 1012 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/18/2009 By virtue of this writ, on the 14th day of May, 20091 caused the within named HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, to have possession of the premises described as 1012 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. SHERIFF COST: ; $ 1 0 3. 6 3 May 18, 2009 ? 9, 09-3 -_0 SO ANSWERS, R THOMAS KLINE, SHERIF a_ By virtue of this writ, on the 14th day of May, 2009 _,I caused the within named HSBC Bank USA, N.A., as Indenture Trustee for the re istered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, to have possession of the premises described 1012 Mill Road, Mechanicsburg, Cumberland Count Pennsylvania, 17050 Sworn and subscribed to before me this Day of Sheriff's Return Docketing Poundage Prothonotary Mileage Possession Surcharge $ 18.00 2.03 2.00 21.60 30.00 30.00 $ 103.63 LS E d J i ?`a6? ?QQZ Advance Costs Sheriff s Costs $ 250.00 103.63 $ 146.37 So Answers, By Prothonotary Deputy W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, N.A, as Indenture Trustee for the registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 12650 Ingenuity Drive Orlando, Florida 32826 VS. No. 09-550 Civil Term_ MELODY POTTORFF and OCCUPANTS 1012 Mill Road Mechanicsburg, PA 17050 Costs Attorney's $ 171.30 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) HSBC BANK USA, N.A, as Indenture Trustee for the registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1, being: (Premises as follows): 1012 MILL ROAD, MECHANICSBURG, PA 17050 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Cuftis R. Lon onota , Common Pleas Court of Cumberland County, PA Date 3/10/09 (Seal) r 2of2 No 09-550 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, N.A, as Indenture Trustee for the registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 VS. MELODY POTTORFF and OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 171.30 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: LESLIE J. RASE, ESQUIRE SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 610-278-6800 ID# 58365 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , So Answers, Sheriff