Loading...
HomeMy WebLinkAbout09-2921 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Ltfen R. Tabas, Esq., Id. No. 93337 ><vek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 203743 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MICHAEL A. DREBOT ANN MARIE DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ?I ?1 I NO. 04- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 203743 w 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 203743 AN 1. Plaintiff is HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL A. DREBOT ANN MARIE DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/28/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1937, Page 1128. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 203743 6. The following amounts are due on the mortgage: Principal Balance $73,900.42 Interest $5,810.00 08/01/2008 through 05/07/2009 (Per Diem $20.75) Attorney's Fees $1,300.00 Cumulative Late Charges $100.80 12/28/2005 to 05/07/2009 Cost of Suit and Title Search 750.00 Subtotal $81,861.22 Escrow Credit $0.00 Deficit $244.95 Subtotal 244.95 TOTAL $82,106.17 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 203743 A. • , 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $82,106.17, together with interest from 05/07/2009 at the rate of $20.75 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HUNAN & SCHMIEG, LLP By: 20)2v5-3 Lawre . elan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 203743 . ? _ r LEGAL DESCRIPTION ALL THAT CERTAIN lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, in D. R. Kebaughs Addition to the Borough of New Cumberland as recorded in the Recorder's Office in Carlisle, Pennsylvania, known and numbered on said Plan of Lot No. 19, situate in New Cumberland Borough, Cumberland County, Pennsylvania, bounded and described as follow, to wit: BEGINNING at a point distance Seventy four and Five tenths (74.5) feet East of the easterly corner of Reno and Fifth Streets on the dividing line between Lot Nos. 29 and 20; thence eastwardly along the southerly line of Fifth Street, Twenty five (25) feet to the lien of Lot No. 18, on said Plan; thence southwardly along eh said dividing line between Lot nos. 18 and 19 at right angles to Fifth Street One Hundred Twenty three (123) feet to the line of a Ten (10) foot wide public alley; thence westwardly along the line of said last mentioned public alley, Twenty five (25) feet to the line of Lot No. 20 and through the center of the partition wall of a double frame dwelling house, One Hundred Twenty three (123) feet to Fifth Street, THE PLACE OF BEGINNING. BEING Lot No. 19 on said Kenbaugh Plan of Lots as recorded at Carlisle and having thereon erected the easterly half of a two and one half story frame dwelling house. Parcel # 25-24-0811-298 PREMISES BEING: 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 File #: 203743 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities DATE: OJ(I? FILED- OFFICE OF THE Pqo-,,;NOTARY 2009 MAY I 1 AM 10.21 pd ?1? so Af? 3 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFl Plaintiff vs. MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s) ATTORNEY FOR COURT OF CON CIVIL DIVISIOI` NO. CIVIL-09-29 CUMBERLAND PHS #: 203743 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Halli S ie , LLP Attorney for am f By: Date: 06-0 09 Francis man, Esquire Daniel . Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire PHS #: 203743 VERIFICATION Xee Moua hereby states that he/s a is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for laintiff, HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, I ERIES 2006-WF 1, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are bue and Corr I ct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: May 11, 2009 Name: Xee Moua Title: Vice President of Loan )J Company: WELLS FARGO BANK, ILA. File #: 203743 Drebot Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFl Plaintiff vs. MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s) ATTORNEYFORI COURT OF COMMON CIVIL DIVISION NO. CIVIL-09-2921 CUMBERLAND CO CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach V~ of Complaint was sent via first class mail to the following on the date listed below: MICHAEL A. DREBOT 660 OLD YORK RD ETTERS, PA 17319 ANN MARIE DREBOT ~, 660 OLD YORK ROAD '~, ETTERS, PA 17319-9546 ~!, Phel Hallinan & ieg, LLP Atto iff ^ _ i` ~ , Y~ L e e T. Phe ,Esquire anci inan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: 06-009 FILE.-.i ~;~-N~E OF T}-i~ Fr~~tf~~~n~1T~.~Y 2009 JUId I i Ft~ 2~ G CL1P,i1~~';... ~ :~i '~t~fV~ Sheriffs Office of Cumberland County R Thomas Kline ou'~~~ of ~u~xbrry,~ Edward L Schorpp Sheri ~' ~ ~!~ Solicitor Ronny R Anderson ~~ Jody S Smith Chief Deputy c~~rcf ae rise ~x~RiF~ Civil Process Sergeant HSBC Bank USA, N.A. vs. Case Number Michael A. Drebot 2009-2921 SHERIFF'S RETURN OF SERVICE 05/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael A. Drebot, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ann Marie Drebot, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/18!2009 York County Return: And now, May 18, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ann Marie Drebot the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. 05/18/2009 York County Return: And now, May 18, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Michael A. Drebot the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. 05/19/2009 06:41 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 1841 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Michael A. Drebot, by making known unto himself personally, defendant at 330 5th Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/19/2009 06:41 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 1841 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Ann Marie Drebot, by making known unto Michael Drebot, husband of defendant at 330 5th Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $80.30 SO ANSWERS, June 15,;_~00~''' _ _ R THOMAS KLINE, SHERIFF r ~i ~ •c ~ _. y ~~- "- _~ Depu S eri Vii,, .,... ~:;- ~ ~' ' ~°ti ~ :J i~~ t~ rn - t ~::, "-~ c-; -~ r~ CJ 1 OF 2 COUNTY OF YORK ~~ OFFICE OF~THE SHERIFF S~R;~77196o~L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE ~S~` PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE ~~ ~ ~ 1 Ti~la» 12 f3i) NIt3T `DETA A1VY t. PLAINTIFFlS/ HSBC BANK USA, NA 2 COURT NUMBER 2009-2921 3. DEFENDANT/S/ d. TYPE OF WRIT OR COMPLAINT MICHAEL A, DREBOT, ANN MARIE DREBOT CIMF,NOTICE COMPLAINT IN MORTGAGE FORECLOSURE S~ E 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD MICHAEL A. DREBOT 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO ,CITY, BORO, TWP ,STATE ANO ZIP CODE) AT 660 OLD YORK ROAD ETTERS, PA 17319 7. INDICATE SERVICE. ^ PERSONAL {{J PERSON IN CHARGE U DEPUTIZE O CERT. MAIL U t ST CLASS MAIL O POSTED O OTHER NOW MAY 11. 2009 , 20 I, SHERIFF O NTY, PA, do hereby deputize the sheriff of ~~ COUNTY to execute this return there rding to law. This deputization being made at the request and risk of the plaintiff., •~=/`~''~*~f __~ r, SHERIFF OF~11; C 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF CO CUt~ERLiAND ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notiying person o/ levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, desWdbn, or removal of any property before sheriRs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY !ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER t t DATE FILED PHELAN HALLINAN & SCHMIEG, LLP 15-563-7000 05/11/2009 12. SEND NOTICE C T E AN A B L is area must be completed it notice is to be mailed). CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND CO SHERIFF SPAN BELOW ~ O~ T!~ Sf'+t~f - t'~O NAT WR!'i'E BELOW L~+E 13. 1 acknowledge receipt of the wri 74. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. jvj~Jlvj ~, Imo, YCSO 5-12-2009 6-10-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. l] 1 hereby cMify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) t9. Date of Service 20 Time of Service 21. ATTEMPTS Date Time Miles Int. Date Time Myles Int. Dale Time Milos Int. Dale Tine Miles Int. Date Time Mies Int. Dale Time Miles Int. 1~ yo Q,1 22. REMARKS: `PF3IS IS DEF'S ACCOUNTANTS OFFICE. THEY WOULD NOT ACCEPT PAPEFY~C7RK. 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32. Ta. Costs 33 Costs Due eland Check No. $100.00 .l~ /©r Cr r '~~©L'3 ~Lf -C~ 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary CeR. 38. Mikage/Postage/Not found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED arttl subscribed to Del re me this SO ANSWERS 44. Signature of 45. DATE 42. dayOt~n~q-.~-~~I N,- Dep. SheriR 46. Signature of Y h r,'~Ir1 5 AL County Sheriff ~~/~l~ .DATE L n !_. e ~ .r: I~ ~TAi~Y ~uBUC RICHARD P. KEUERLEBER, SH IFF 6-11-09 r ~ C ~ +;, 1 ~K COUiVTY 48. Signature of Foregn hS`(~ '..""! °. ~.,, .~ti t_;x, ~S AUG. 12, 2009 County ShenR 49 DATE S0. 1 ACK IGNATURE 51. GATE RECEIVED Of AUTNORIZEO ISSUING AUTHORITY ANO TITLE 1. VNi1TE - ISSta,ng Authority 2. PINK -Attorney 3. CANARY - SheriRS Office 4. BLUE - Shertfrs Office 2 OF 2 COUNTY OF YORK OFFICE OF~ THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717)771-9601 SHERIFF SERVICE ~~ PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE Y CME 1'Tl~U L2 Dt) (~T ~ET~~ iir CE~'~S 1. PLAINTIFFlS/ 2 COURT NUMBER HSBC BANK USA, NA 2009-2921 4. TYPE OF WRIT OR COMPLAIN~I N 3 DEFENDANTS/ MICHAEL A. DREBOT, ANN MARIE DREBOT CJOMpLAINT ~ NIORTGAGE~F'6RE~~E SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ANN MARIE DREBOT 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO. TWP ,STATE AND ZIP CODE) AT 660 OLD YORK ROAD EITERS, PA 17319 7. INDICATE SERVICE: O PERSONAL XI PERSON IN CHARGE O DEPUTIZE O CERT. MAIL ^ 1ST CIASS MAIL ^ POSTED O OTHER NOW ICY 11_, 2009 , 20 I, SHERIFF O NTY, PA, d hereby deputize the sheriff of YORK COUNTY to executeOR~ke return th r cording to law. This deputization being made at the request and risk of the plaintiff. ~C „~~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. ADV FEE PAID. $Y ATTY. OUT OF CO CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within wnt may leave same wiewut a watchman, in custody of whomever is found in possession, after noliying person of levy or ariachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any IDES. desWdion, or removal of any property belore sherifrs sale thereof. 8. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 1 t. DATE FILED PHELAN HALLINAN & SCHMIEG, LLP 15-563-7000 5/11/2009 1F,17 .TFK RT~7n CfTTTF tnnn ru-rrT na in~n~ 12. SEND NOTICE OF SERVICE COPY TO NAME A~ID7l15DTFE~S13t=L0~'t'('fiis area must be completed A notice is to be mailed). CUMBERLAND COUNTY SHERIFFS OFFICE 1 OOURTHOUSE CUMBERLAND CO SHERIFF ~3.C111Y ~ U~ tIM1: '1TIfE SElF -- Ott Ni17` W~1'E ~t.~1Af 7TYffi 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Heanng Oate tx complaint as indinted above. MJ MCGILL YCSO 5-12-2009 6-10-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 77. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, oompeny, etc. named above. (See remarks below.) 18. NAME ANO TITLE OF INDVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (RebDonship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Da Time Miles Int. /Date Time Miles Int. Date Time Miles Inl, Date Time Miles Int. Date Time Miks Int. Date Time Miles Int. 41~ ~ ln7n/ 22. REMARKS: THIS IS DEF'S ACCOUNTANTS OFFICE. THEY WOULD NOT ACCEP'T' PAPERWORK. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due ar Relund Check No >4. ForNgn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MileagPJPOStage/NOt Found 39. Total Costs 40. Costs Due w Refund 41. AFFIRMED and subscribed to bet me lhi SO ANSWERS 42. day of '' ~'~,~g~-.~ ^ ~ DegnSheriRf P 45. DATE ~Pla ,, ,., NOTAR 46. Signature of Y w~. ~~/~~ j`C / 47. DATE L"' 1 ~. o n ne ni 7-; -;y ,-UBLIC County Sherill / . ~ ~ r ~ ~ .~~ Y <r<, ~ h =.~~'Nn' ~ ` RICIIARD P. KEUERLEBER S IFF 6-11-09 A~!G. 12, 2009 j '~YC~~`°`'^'~,I~ ~! ~n ~ a8. Signatureo/Foregn Co n Sh nR 49 DATE __ u t' e - ivnn awnn~vr~~ 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswry Authority 2. PINK -Attorney 3. CANARY - SheriMs Office 4 BLUE - Sherdrs Olrice GRIGINAL DELL & HOMSHER Matthew L. Homsher, Esquire Attorney I.D. No. 84743 604-A Eden Road Lancaster, PA 17601 (717)581-0620 Attorney for riasinnL~.iauiiau~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CNIL ACTION -LAW BBGY, INC. d/b/a BOGER CONCRETE COMPANY, Plaintiff, v. No. 09-2944 MLD OLDE FORGE BUILDERS, INC. Defendant. AFFIDAVIT OF SERVICE I, Matthew L. Homsher, do hereby affirm the following: SYLVANIA On May 13, 2009, I placed two (2) copies of the Notice of the filing of Mechanic's Lien Claim and Mechanic's Lien Claim in this matter into the United States Mail addressed to the Sheriff of Cumberland County; and 2. The aforementioned copies of the Notice of the filing Mechanic's Lien Claim and the Mechanic's Lien Claim was sent to the Cumberland County Pennsylvania Sheriff at the following address at: One Courthouse Square, Carlisle, PA 17013- 3387; and 3. On or about May 28, 2009, Steve Bender, Deputy Sheriff, served a true and correct copy of the Notice of the filing of Mechanic's Lien Claim and the Mechanic's Lien Claim upon Defendant Olde Forge Builders, Inc. S~erifFs Return of Service indicating service of the Notice of Mechanic's Lien Claim and Mechanic's Lien Claim is attached hereto as Exhibit "A"; 4. Service of the Notice of the Mechanic's Lien Claim and the Mechanic's Lien Claim was done in conformity to Rule 400(a) Pa R.C.P., and 49 P.S. § 1502. 1N WITNESS WHEREOF, this Affidavit is executed and sworn to be true and accurate pursuant to the best of my knowledge, information and belief. Further, this Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Dated: (o ! B Matthew L. Homsher Sheriff s Office of Cumberland County R Thomas Kline ~~~ at ~arr~,~s4 Edward L Schorpp Sheri p Solicitor ~ ; Ronny R Anderson ""'~ ~~^~ . " Jody S Smith Chief Deputy ~~ pfi' S'fER~FP Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 10:25 AM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2009 at 1025 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within Hamad defendant, to wit: Olde Forge Builders, Inc., by making known unto Craig Hench, Owner at 9 Keystone Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 May 29, 2009 S~O/ANSWERS, ~yt~ j~/~l~~a i 'R THOMAS KLINE, SHERIFF /.~x~-~ Deputy eri 2009-2944 BBGY, Inc. v Olde Forge Builders, Inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor •S-HERIFF'S OFFICE OF CUMBERLAND COUNTY r;'~I ,xt+' of ~suut,r,., Luj -, ~, 1~ HM „y 4 ~" .. 'nr~ HSBC Bank USA, N.A. Case Number vs. Michael A. Drebot (et al.) 2009-2921 SHERIFF'S RETURN OF SERVICE 09/24/2009 03:20 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1520 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 Michael A. Drebot & Ann Marie Drebot, located at 330 5th Street, New Cumberland, Cumberland County, Pennsylvania according to law. 09/24/2009 08:35 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1520 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael A. Drebot, by making known unto, Ann Marie Drebot, adult in charge, at 330 5th Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/24/2009 08:35 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1520 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ann Marie Drebot, by making known unto, an Marie Drebot, personally, at 330 5th Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/07/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $722.06 SO ANSWERS, April 06, 2010 RON R ANDERSON, SHERIFF ct.~ ~'S'/Q3 2~ ~y~sG ~, ~~.~~~,. , ~ .;:~ t << ~~ ~, ~ ~ f f HS'BC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFl Plaintiff, v. MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2921 AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFl, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 . 1. Name and address of Owner(s) or reputed Owner(s): Name MICHAEL A. DREBOT ANN MARIE DREBOT Address (if address cannot be reasonably ascertained, please indicate) 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. 'Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) 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 (if address cannot be reasonably ascertained, please indicate) None ~~ 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Address (if address cannot be reasonably ascertained, please indicate) 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`~ Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit true and correct to the best of my personal knowledge or information and belief. I understand tha fal a statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo~n f ls' ication to authorities. ~~ August 24, 2009 DATE C~ Lawrence T. Phelan, Esq., Id. No: 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, in D. R. Kebaughs Addition to the Borough of New Cumberland as recorded in the Recorder's Office in Carlisle, Pennsylvania, known and numbered on said Plan as Lot No. 19, situate in New Cumberland Borough, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point distance Seventy-four and Five tenths (74.5) feet East of the easterly corner of Reno and Fifth Streets on the dividing line between Lot Nos. 29 and 20; thence eastwardly along the southerly line of Fifth Street, Twenty-five (25) feet to the line of Lot No. 18 on said Plan; thence southwardly along the said dividing line between Lot Nos. 18 and 19 at right angles to Fifth Street One Hundred Twenty-three (123) feet to the line of a Ten (10) foot wide public alley; thence westwardly along the line of said last mentioned public alley, Twenty- five (25) feet to the line of Lot No. 20; thence northwardly along the line of said Lot No. 20 and through the center of the partition wall of a double frame dwelling house, One Hundred Twenty-three (123) feet to Fifth Street, THE PLACE OF BEGINNING. BEING Lot No. 19 on said Kebaugh Plan of Lots as recorded at Carlisle and having thereon erected the easterly half of a two and one-half story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Michael A. Drebot and Ann Marie Drebot, his wife, as tenants by entireties, by Deed from Thomas Endrizzi, dated 05/16/1996, recorded 05/28/1996 in Book 139, Page 1088. PREMISES BEING: 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 PARCEL NO. 25-24-0811-298 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2921 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NA, as Trustee for NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1, Plaintiff (s) From MICHAEL A. DREBOT and ANN MARIE DREBOT (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 $83,413.42 L.L. $.50 Interest from 7/10/090 - 12/9/09 (per diem - $13.71) -- $2,097.63 Atty's Comm % Due Prothy $2.00 Atty Paid $199.30 Other Costs Plaintiff Paid Date: 8/25/09 (Seal) 1 Curtis R. Long, ro hono ry By: Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 208375 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA Known and numbered as 330 5th Street, r_.. New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ;I?ate: September 15, 2009 By: (~ l Real Estate coordinator ,~ ~'~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 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. Writ No. 2009-2921 Civil HSBC Bank USA, NA, As Trustee for NHEL Home Equity Loan Trust Series 2006-WF1 Michael A. Drebot Ann Marie Drebot Atty: Lauren Tabas By virtue of a Writ of Execution No. CIVIL-09-2921, HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SE- RIES 2006-WF1 vs. MICHAEL A. DREBOT and ANN MARIE DREBOT, owners of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being 330 5TH STREET, NEW CUM- BERLAND, PA 17070-19 12. Pazcel No. 25-24-0811-298. Improvements thereon: RESIDEN- TIAL DWELLING. ~ /~s'alVlarie Coyne, F~Hitor SWORN%TO AND SUBSCRIJBED before me this ay of November, 2009 Gf t ,~~_~~ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNT! My Commission Expires Apr 28, 2010 - the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~be~tahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: WrR No. 2009.2921 CIv1lTerm 10/23/09 Ht39C Eank USA, NA, As Trustee 10/30/09 for NHEL Home Equity Loan Trust Serles 2006-WF1 Vs Mlcha~lA.Drgbot 11 /06/09 ~-, ......:. .~"~:-:. . ~-G~~!~~~~.... Aran Merle Drebot ~ Atty: Lauren Tabas `Bye;rtneofawritofEXecntionNo.Clvu.-o9- 2921 ,~ ~ ' ,Sworn to ancts~bscribed before me thi~ day~of, November, 2009 A.D. _ HSBC BANK USA, NA, AS TRUSTEE FOR , / `., ~_ t ~ NHEL HOME EQUITY LOAN TRUST, f ~ , ~ r ~ ~ _ '\ ,., „~ ~ / SERIES ~ 2oo6-wt;l _ Notary Public ~s. MICHAEL A. DREBOT and ANN MARIE DREBOT owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being COMM®NWE{ [-TFi OF pf_NNSY (M~nicipality) ~ LVANIA 330 5TH STREET, NEW CUMBERLAND, PA Notartai Seal 17070-1912 ~~~ L. Kisner, ~#arY public Pazcel No. 25-24081]-298 City Of Flarrisburg, T7auphin Count (Acreage or street address) y ~ MY Corrtrn,;~ior. ~Wtres P{ov 26 2 Improvements thereon: RESIDENTIAL . , 011 Member, Aennsylvania Rssoci ti DWELLING a on of Notaries WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-2921 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA NA AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST SERIES 2006-WF1 Plaintiff (s) From MICHAEL A DREBOT AND ANN MARIE DREBOT (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 $83,413.42 L.L. Interest from 7/10/2009 to Date of Sale ($13.71 per diem) - - $10,830.90 Atty's Comm % Due Prothy $2.00 Atty Paid $942.86 Other Costs Plaintiff Paid Date: 03/21/2011 David D. B eIII Prothonota (Seal). B Deputy REQUESTING PARTY: Name: COURTENAY R DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORF.CLOS€1RE) P.R.C.P. 3180-3183 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN COURT OF COMMON PLEAS TRUST, SERIES 2006-WF1 Plaintiff CIVIL DIVISION v MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/10/2009 to Date of Sale ($13.71 per diem) TOTAL (D. 'kl? 80.30 Cg F ?oZ.'?.Olp a!/ 14.0D 01 CL In Note: Please attach description of property. PHS # 203743 itga -out 6. a#- 161C070 t2-* asrog13 NO.: CIVIL-09-2921 CUMBERLAND CO (?`',TTY 2 ?`' $83,413.42 c!1 s? r . czs _..; $10,830.90 p? r c $94,244.32 for Plaintiff ehelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 3222'; ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 []Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 19Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 I I )f; k r 29 hued. 0 Nr? VJ I w F O a w 0 x a w ?> w w Wz? F zW a oa O OU U w OQ a PC1 F? U x > 00 GT3 ? vim. A ? A A k O w '^ O Q?? L W O? w °D U N N ? ? O O D1 O O .n ? a p a O a oa ??? A W A oa Za Q W .? W W W u x xkn ?z ?z 0 N v7 O d'?O+M NO'0??.?-+ M HMV OO?OC? N?GN?d n[? h 0o m Ord ON~?. Mo'D 0000 pMN I? 00.6CN 6 O?CT •. Dy O O G z ,?Nh?O G zCf azZZ Z bzti O?O o 6 o? o C b z o.zzb coZ° zzzooz •? V?1 ?" CJ' ?? y b b 6 b vi r.r ?W "db a- cr UWW dgoW IN ?? ciww H c ti30 ?a3io? 45 ,?wA•?vi °?. >tia?U °?????????????? ?? LEGAL DESCRIPTION ALL THAT CERTAIN lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, in D. R. Kebaughs Addition to the Borough of New Cumberland as recorded in the Recorder's Office in Carlisle, Pennsylvania, known and numbered on said Plan of Lot No. 19, situate in New Cumberland Borough, Cumberland County, Pennsylvania, bounded and described as follow, to wit: BEGINNING at a point distance Seventy four and Five tenths (74.5) feet East of the easterly corner of Reno and Fifth Streets on the dividing line between Lot Nos. 29 and 20; thence eastwardly along the southerly line of Fifth Street, Twenty five (25) feet to the lien of Lot No. 18, on said Plan; thence southwardly along eh said dividing line between Lot nos. 18 and 19 at right angles to Fifth Street One Hundred Twenty three (123) feet to the line of a Ten (10) foot wide public alley; thence westwardly along the line of said last mentioned public alley, Twenty five (25) feet to the line of Lot No. 20 and through the center of the partition wall of a double frame dwelling house, One Hundred Twenty three (123) feet to Fifth Street, THE PLACE OF BEGINNING. BEING Lot No. 19 on said Kenbaugh Plan of Lots as recorded at Carlisle and having thereon erected the easterly half of a two and one half story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Michael A. Drebot and Ann Marie Drebot, his wife, as tenants by entireties, by Deed from Thomas Endrizzi, dated 05/16/1996, recorded 05/28/1996 in Book 139, Page 1088. PREMISES BEING: 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 PARCEL NO. 25-24-0811-298 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza F'_ L) _ O r" T d CL' Philadelphia, PA 19103 215-563-7000 20" 11 WAR 21 AM 9: 48 HSBC BANK USA, NA, AS TRUSTEE FC1MMTY ; COURT OF COMMON PLEAS LOAN TRUST, SERIES 2006-WF1 PENNSYLVANIA Plaintiff CIVIL DIVISION V. MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s) CERTIFICATION : NO.: CIVIL-09-2921 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. e or Plamtiff ;helan y: Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 1 SBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFI Plaintiff V. MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-2921 CUMBERLAND COUNTY PHS # 203743 AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFl, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL A. DREBOT ANN MARIE DREBOT 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 330 5TH STREET r NEW CUMBERLAND, PA 17070-1912 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 U)r- rU 76 Address (if address cannot be reasonably y, c r ascertained, please so indicate) 4 -t:- 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) 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 (if address cannot be reasonably ascertained, please indicate) None. i 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 (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 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.A. § 4904 relating to unsworn falsification to authorities. Date: 1 B: y for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 oshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME COURT OF COMMON PLEAS EQUITY LOAN TRUST, SERIES 2006-WF1 . : CIVIL DIVISION Plaintiff : : NO.: CIVIL-09-2921 VS. MICHAEL A. DREBOT CUMBERLAND COUNTY , ANN MARIE DREBOT Defendant(s) „. =T*I NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r- rv TO: MICHAEL A. DREBOT ANN MARIE DREBOT C C) 330 5TH STREET ' « r" NEW CUMBERLAND, PA 17070-1912 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 is scheduled to be sold at the Sheriff s Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $83,413.42 obtained by HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2921 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 vs. MICHAEL A. DREBOT ANN MARIE DREBOT owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 Parcel No. 25-24-0811-298 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $83,413.42 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, in D. R. Kebaughs Addition to the Borough of New Cumberland as recorded in the Recorder's Office in Carlisle, Pennsylvania, known and numbered on said Plan of Lot No. 19, situate in New Cumberland Borough, Cumberland County, Pennsylvania, bounded and described as follow, to wit: BEGINNING at a point distance Seventy four and Five tenths (74.5) feet East of the easterly corner of Reno and Fifth Streets on the dividing line between Lot Nos. 29 and 20; thence eastwardly along the southerly line of Fifth Street, Twenty five (25) feet to the lien of Lot No. 18, on said Plan; thence southwardly along eh said dividing line between Lot nos. 18 and 19 at right angles to Fifth Street One Hundred Twenty three (123) feet to the line of a Ten (10) foot wide public alley; thence westwardly along the line of said last mentioned public alley, Twenty five (25) feet to the line of Lot No. 20 and through the center of the partition wall of a double frame dwelling house, One Hundred Twenty three (123) feet to Fifth Street, THE PLACE OF BEGINNING. BEING Lot No. 19 on said Kenbaugh Plan of Lots as recorded at Carlisle and having thereon erected the easterly half of a two and one half story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Michael A. Drebot and Ann Marie Drebot, his wife, as tenants by entireties, by Deed from Thomas Endrizzi, dated 05/16/1996, recorded 05/28/1996 in Book 139, Page 1088. PREMISES BEING: 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 PARCEL NO. 25-24-0811-298 AFFIDAVIT OF SERVICE PLAINTOF CUMBERLAND COUNTY HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFI PHS # 203743 DEFENDANT SERVICE TEAM/ llh r`r, ( MICHAEL A. DREBOT COURT NO.: CIVIIA9-2921 Fri ANN MARIE DREBOT F- r n f?.? 7-_J > 6 SERVE MICHAEL A. DREBOT AT TYPE OF ACTION s ^ 330 5TH STREET XX Notice of Sheriff's Sale y, CD - - NEW CUMBERLAND, PA 17070-1912 SALE DATE: 09/07/2011 C3 x Q SERVED --? Served and made known to MICHAEL A. DREBOT , Defendant on the 'day of -- 20 (1 , at am e. M , at 330 5-'* Sr, NEW ti Elt iq,iu n, A4 , in the manner described below: 4;40 ,o'clock , ? Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age 6 S Height Weight .2¢O Race W Sex M Other ,( I, P NAT4 Mi LL . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs bed before me this day of AW 0, 20! 11 No By: Q61U?kL,8 NOT SERVED On th , 20-, at _ o'clock _ M., Defendant NOT FOUND because: acant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of - By: Notary: =KIMBERLY CURTY RY PUBLIC F NEW JERSEY EXPIRES MARCH 1, 2013 ATTORNEY FOR PLAINTIFF e AT. MY Esq, hi. No.32227 ATID Frady S Hdiu,Fiq, Y. N4L0W DoddGs& iR,Esq,LLNw62206 Mk1de M. BrMff@K Eeq, M. Now 69"9 Jdli?.ft==w Esq,>dNs.9745 9raeW R SMbJei, Eeq„ Id Na.8170 laisetzDWq Esq.,ldr,(&rXT7 Lteo1LM6e Esq,Id.N&93317 Vhek Srbm*ws, Eeq, Id Nw 2/2131 Jq B. Jars, D%,& N& S"67 PderJ. MnkAy, Ey.,ld. Ne.61711 Aeiew L. Sphset, Esq, Id Nor 8149 Clfetrsvdn*P. FN*=, Fi4,1d. Ns 91620 )air 1 CAM=m, Esq, Id Nw 209M7 (.runes" R Deer, Esq, Id Ns.2UM AmAc a C. Brsss6ktt, Etq, Id Nor 28WS Air F. Welk, E811,1d. ML 39519 W0NmE.Mir,Esq Y.Nw3WS1 ON. Fos Ca wstSs?sr6estale 1617 Ji F.6aed7 M"U Seie 1400 Ph4edehWPA 19183-1814 (215)563-7M /-\ -47- - AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOMEEQUITY PHS #203743 LOAN TRUST, SERIFS 2006-WF1 DEFENDANT SERVICE TEAM/ hh n cu zz, MICHAEL A. DREBOT COURT NO.: CIVIIA9-2921 5; M xJ -c-j ANN MARIE DREBOT <> r ;. SERVE ANN MARIE DREBOT AT: TYPE OF ACTION XX Notice of Sheriff's Sale > t7 330 STH STREET NEW CUMBERLAND, PA 17070-1912 SALE DATE: 09107/2011 =C:) r -4 r SERVED Served and made known to ANN MARIE DREBOT , Defendant on thezri-day of Mac 4 , 20 It ? at 4L40 , o'clock .?. M., at :33o 5* ST, NEw&*gWtA,-ia. PA . in the manna described below: Defendant personally saved. _ ? Adult family member with whose Defendant(s) reside(s). Relationship is JLU SB ND . Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: -- Description: Age 5 d s Height ? V_ Weight a4 y Race w Sex M Other I, T201 4-L-b (? jj lam(, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issu ed in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ?VfL day of MkRcU , 2011. P&-?t4lw Notary: By. NOT SERVED On the y 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ scant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of - By. Notary: KIMBTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 1, 2013 ATTORNEY FOR PLAINTIFF Lawtmm T. P6den, Fq, Id. Na 72227 Frsds S. MORE, Belli, ld. ?7& 62M DaaidG.Sdieft Ile4,ttNw62215 Mfdde M. &adNrd, EPily Y. Na64M9 Jvdib T. Rerme, Fay, I& No. 0745 sr.elr a SMWed.lae4, Id Na 8170 Jenne R Dr., Faq, Id. N. rAF77 I.ere R Tabr, Geq., Id. Nw93= YNd Setwriara, Figjd. Na.281331 Jay e. Jena, Fiq, Id. Na 86M Pder J. MelraYy, Fag, Id. Na 61791 Aeiew L. Spired, Faq, Id.Ne.0439 Chrbavid eteP.FWps,raq.,Id.Ne.94629 JaOo L Gotlrea, Feq, Id. No. 205M7 caw4rlp R Des, Feel, Id. Na 211f779 Andrew C. 6rarYkek Fsq., Id. Na 786775 ABJee F. Nkb, &q, Id. N& 309519 R91Yr ? MBkr,?p, ld: Na JM951 One Pere career at rhnn SteBee 1617 Jelin F. Kennedy NMI, Sdie 1400 Pb8addpWPA 191413.1814 (215)567-7000 FILED-OFFICE OF THE PROTHONOTARY 2011 JUN 22 AM 10: 14 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff V. MICHAEL A. DREBOT ANN MARIE DREBOT CUMBERLAND County No.: CIVIL-09-2921 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 11, 2009. 2. Judgment was entered on July 15, 2009 in the amount of $83,413.42. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 203743 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 330 5TH STREET, NEW CUMBERLAND, PA 17070-1912 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:10-00755 on February 1, 2010. The Bankruptcy was dismissed by order of court dated February 19, 2011. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on September 7, 2011. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 7, 2011 Per Diem $20.58 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Escrow Deficit $73,295.70 $14,553.42 $100.80 $2,625.00 $1,395.50 $722.06 $90.00 $515.00 $1,203.69 TOTAL $94,501.17 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 203743 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on June 15, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ( BY: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? illiam E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 .00 ATTORNEY FOR PLAINTIFF 203743 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF 1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff V. CUMBERLAND County MICHAEL A. DREBOT ANN MARIE DREBOT Defendants No.: CIVIL-09-2921 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MICHAEL A. DREBOT and ANN MARIE DREBOT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 330 5TH STREET, NEW CUMBERLAND, PA 17070- 1912. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 203743 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Co poration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciong_oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971)., that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 203743 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 203743 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Ila. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 203743 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 203743 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 203743 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 203743 IV. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. lan llinan & Schmieg, LLP DATE: By- E] Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? W' iam E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 203743 Exhibit "A" 203743 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 C-1) Jay B. Jones, Esq., Id. No. 86657 _ Peter J. Mulcahy, Esq., Id. No. 61791 = T = Andrew L. Spivack, Esq., Id. No. 84439 T f ' ATTORNEY 1 Copy Jaime McGuinness, Esq., Id. No. 90134 PLEASE R?? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 E? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFI : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. CIVIL DIVISION #lTTGRNEY F((..E C?P1? MICHAEL A. DREBOE RETURK No. CIVIL-09-2921 ANN MARIE DREBOT PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against MICHAEL A. DREBOT, and ANN MARIE DREBOT, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $82,106.17 Interest - 05/08/2009 to 07/09/2009 $1,307.25 TOTAL $83,413.42 I hereby certify that (1) the Defendants' last known addresses are 660 OLD YORK RD ETTERS, PA 17319, and 660 OLD YORK ROAD ETTERS PA 17319-9546 and (2) that notice has been given in accordance with Rule 237. 1, copy?attached, Lawrence T. Phelan, Esquire ,iF'rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -11401- PHS # 203743 PROTH OTAR Exhibit "B" 203743 Order Dismissing Case (Form ordscs) (01/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Michael A Drebot Chapter 13 Ann Marie Drebot Debtor(s) Charles J. DeHart, III (Trustee) Movant vs. Michael A Drebot Ann Marie Drebot Respondent(s) Case No. 1:10-bk-00755-MDF ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and opportunity for hearing, that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and is hereby dismissed. Dated: February 17, 2011 By the Court, yy?? United States Bankruptcy Judge Case 1: 1 0-bk-00755-MDF Doc 45 Filed 02/19/11 Entered 02/20/11 00:37:43 Desc Imaged Certificate of Service Page 1 of 2 CERTIFICATE OF NOTICE District/off: 0314-1 User: CAnthony Page 1 of 1 Date Rcvd: Feb 17, 2011 Case: 10-00755 Form ID: ordscs Total Noticed: 19 The following entities were noticed by first class mail on Feb 19, 2011. db/jdb +Michael A Drebot, Ann Marie Drebot, 330 5th Street, New Cumberland, PA 17070-1912 3482519 +ACCOUNTS RECOVERY BUREAU, 555 VAN REED RD., WYOMISSING, PA 19610-1756 3482521 +BUREAU OF ACCT. MANAGEMENT, 3607 ROSEMONT AVE., STE. 502, PO BOX 8875, CAMP HILL, PA 17001-8875 3482523 +COMPUTER CREDIT, INC , CLAIM DEPT 083307, PO BOX 5238, WINSTON SALEM, NC 27113-5238 3482524 CONSOLIDATED COLLECTION SERV., 2213 FOREST HILL, HARRISBURG, PA 17112 3482525 +ELITE RECOVERY SERVICES, PO BOX 3474, BUFFALO, NY 14240-3474 3569049 Galaxy Portfolios, LLC, MS 550, PO Box 91121, Seattle, WA 98111-9221 3499029 +HSBC Bank USA_ Bankruptcy Deparment, Wells Fargo Bank, NA, One Home Campus MAC X2302-04C, Des Moines, IA 50328-0001 3482526 +PEERLESS CREDIT SERVICES, PO BOX 518, MIDDLETOWN, PA 17057-0518 3482527 +PHELAN 14ALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103-1823 3482528 PINNACLE HEALTH, PC) BOX 2352, HARRISBURG, PA 17105 3482529 +PINNACLE HEALTH SERVICES, PO BOX 1286, HARRISBURG, PA 17108-1286 3482530 +SANTANDER CONSUMER, PO BOX 562088, DALLAS, TX 75356-2088 3499113 +Spangler and Company PC, 660 Old York Road, Etters, PA 17319-9546 3482531 ++TRIAD FINANCIAL CORP, 5201 RUFE SNOW DRIVE, SUITE 400, NORTH RICHLAND HILLS TX 76180-6036 (address filed with court: TRIAD FINANCIAL, PO BOX 982025, NORTH RICHLAND H, TX 76182) 3482532 +WELLS FARGO HOME MORTGAGE, PO BOX 14411, DES MOINES, IA 50306-3411 The following entities were noticed by electronic transmission on Feb 17, 2011. 3482520 +E-mail/Text: BANKRUPTCY@ASSETACCEPTANCE.COM ASSET ACCEPTANCE, LLC, PO BOX 2036, WARREN, MI 48090-2036 3506576 +E-mail/Text: ebn@vativrecovery.com Palisades Acquisition IX, LLC, Vativ Recovery Solutions LLC, C/0 Palisades Acquisition IX, LLC, PO Box 19249, Sugar Land TX 77496-9249 3519534 E-mail/PDF: rmscedi@recoverycorp.com Feb 17 2011 19:23:48 Recovery Management Systems Corporation, 25 S.E. 2nd Avenue, Suite 1120, Miami, FL 33131-1605 TOTAL: 3 ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** cr HSBC Bank USA, National Association, as Trustee cr Recovery Management Systems Corporation 3482522 ##+COMMERCIAL ACCEPTANCE CO., 4807 JONESTOWN RD., HARRISBURG, PA 17109-1739 Addresses marked '+' were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. Addresses marked '++' were redirected to the recipient's preferred mailing address pursuant to 11 U.S.C. 342(f)/Fed.R.Bank.PR.2002(g)(4). TOTALS: 2, * 0, ## 1 Addresses marked '##' were identified by the USPS National Change of Address system as undeliverable. Notices will no longer be delivered by the USPS to these addresses; therefore, they have been bypassed. The debtor's attorney or pro se debtor was advised that the specified notice was undeliverable. I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies. Date: Feb 19, 2011 Signature: ` F T - ? -/?, Case 1: 1 0-bk-00755-MDF Doc 45 Filed 02/19/11 Entered 02/20/11 00:37:43 Desc Imaged Certificate of Service Page 2 of 2 Exhibit "C" -- 203743 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 15, 2011 ANN MARIE DREBOT MICHAEL A. DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 MICHAEL A. DREBOT ANN MARIE DREBOT 330 5TH STREET NEW CUMBERLAND, PA. 17070-1912 RE: HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 v. MICHAEL A. DREBOT and ANN MARIE DREBOT Premises Address: 330 5TH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. CIVIL-09-2921 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ly o P La n ce . Pn,E sq Francis S. Hallinan, Esquire 203743 Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire _ sovalm e P.-Flidkos;7 Este - Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure 203743 'fk N a ? w o U Q ? z? U ?a ao z Q U ' U ? lCC a G L 6 L 300 d12 WQad a3llVW c 'm y o R LGZ SLNnr 9;ZLLZb000 c . E o WL ZO N . E SMAOH A3N1k1 C b,2._ .E F vo ' s y ? x= E y J .o ??oo r L L _ E a c A ? N :d A ca . E ? ? E O G1-1 X ?. c°_ E o ? ,OD ?z o ti W O C ? .y U ?I •O U t y W L W ? •D U ? O O ^ A O y ? o W Z ? c V o E .E 0 ?^ a > oo W x c o` EN rn o o W a c ? .? E E `n L . A C/1 ?" ? .. A E r, x A r U U F ? V} Fy a `? ?0., d O O G Fs mdsfx ? O ? M Q (~ F.y on O O c w a W a ? A A o `" ar a a z RI Z N Z E a r. Q Q ao w a a a ? dQ d? o a a? ? s u u? Z> ?a o 0 U N N .b ?b ' . E : ti E a1 Z 'a c O N m ?t ?n F° a M M O N Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF 1 Court of Common Pleas Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-2921 MICHAEL A. DREBOT ANN MARIE DREBOT Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MICHAEL A. DREBOT ANN MARIE DREBOT ANN MARIE DREBOT MICHAEL A. DREBOT 330 5TH STREET 660 OLD YORK ROAD NEW CUMBERLAND, PA 17070-1912 ETTERS, PA 17319-9546 Phelan Hallinan & Schmieg, LLP DATE: By ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 203743 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? lliam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 203743 A e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF 1 Plaintiff CUMBERLAND County V. MICHAEL A. DREBOT ANN MARIE DREBOT FILED F 'UMBERLAND PENNSYLt Ate! Court of Common Pleas Civil Division No.: CIVIL-09-2921 Defendants RULE AND NOW, this 23-[A_dayof G 2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT C., we- al?rl s? 203743 4' Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? ANN MARIE DREBOT MICHAEL A. DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 ?,yd OK? MICHAEL A. DREBOT ANN MARIE DREBOT 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 203743 203743 a ILED-UF ICS. T CIE PROTHONOTARY 2011 JUL 18 AM 9: 09 "CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF 1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff vs. CUMBERLAND County MICHAEL A. DREBOT ANN MARIE DREBOT Defendants No.: CIVIL-09-2921 MOTION TO MAKE RULE ABSOLUTE HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WFI, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 22, 2011. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on June 15, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 203743 3. A Rule was issued by the Honorable J. Wesley Oler, Jr. on or about June 23, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 13, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Halli & Schmieg, LLP DATE: \71 j-i. I By. / Al Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 203743 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 15, 2011 ANN MARIE DREBOT MICHAEL A. DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 MICHAEL A. DREBOT ANN MARIE DREBOT 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 RE: HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 v. MICHAEL A. DREBOT and ANN MARIE DREBOT Premises Address: 330 5TH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. CIVIL-09-2921 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. a y rule o Nhan, tiee Esquire Francis S. Hallinan, Esquire 203743 Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire ChfisOVa1tfE P. liako§;-Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure -']AO^7 A, d' a a W o z? U d ? o U z ? c W ? Q O a. Nb zoo FT7TTTT7F]T O T U N -_ .,'R. CI ,..f r ! vo,vn?, E l 1'? R2v R .. E ' E J 7 5 ? + H - c v LU a ? F G. CC O O c i L V V N _ 7, t? Eo'E T 3 ? C U T OO C ? C a ??Ev a?"Fuo V W 'X ? E 'O E p L O <. V V] ' O y ?E 0 0Z .0 o t uw W x T= ? 3 W A ??oo Q?? O = g E .E (? ? > ooh o F a h ? v goo ? VJ O ? .ooa ? F- H W A O a a A o a d z^ z y d ¢ of o, C/1 ? p F ? O^ O wa w s. O dW', dr. ?a z ?U ?a ou f- f1 N P o 0 'v N N ` a a T ? ? z M M O N al' r r THE PRO F10 I,`.? , 2811 JUN 24 AM 11: C'11111ERLANI) PENNS YLVAN!,4 ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NA, AS TRUSTEE FOR Court of Common Pleas NHEL HOME EQUITY LOAN TRUST, SERIES : 2006-WF1 Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-2921 MICHAEL A. DREBOT ANN MARIE DREBOT Defendants RULE AND NOW, this [_ day of31g,?C-_2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. -- 203743 4' Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter .1. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 "TEL: (215) 563-7000 FAX: (215) 563-3459 ? ANN MARIE DREBOT MICHAEL A. DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 MICHAEL A. DREBOT ANN MARIE DREBOT 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 203743 203743 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NA, AS TRUSTEE FOR NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF 1 Plaintiff vs. MICHAEL A. DREBOT ANN MARIE DREBOT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2921 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute \were served upon the following individuals on the date indicated below. ANN MARIE DREBOT MICHAEL A. DREBOT 660 OLD YORK ROAD ETTERS, PA 17319-9546 MICHAEL A. DREBOT ANN MARIE DREBOT 330 5TH STREET NEW CUMBERLAND, PA 17070-1912 203743 CPhe Halli an & Schmieg, LLP DATE: i By: ? Lawrence T. Phelan, , Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 i liam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 203743 it 1 C-3 rte, CD M CD ?. -Tj CJ) r-- o C , C-D ;X_ C7) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NA, AS TRUSTEE FOR Court of Common Pleas NHEL HOME EQUITY LOAN TRUST, SERIES 2006-WF1 Civil Division Plaintiff vs. CUMBERLAND County No.: CIVIL-09-2921 MICHAEL A. DREBOT ANN MARIE DREBOT Defendants ORDER AND NOW, this day of „ I A , 2011, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $73,295.70 Interest Through September 7, 2011 $14,553.42 Per Diem $20.58 Late Charges $100.80 Legal fees $2,625.00 Cost of Suit and Title $1,395.50 Sheriffs Sale Costs $722.06 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $515.00 203743 Escrow Deficit TOTAL $1,203.69 $94,501.17 Plus interest from September 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ? Melissa j ?Cheiner, Eli- Miahoei Q • Nvba >A M2 IU,crt,ri el?)mbof OKB 203743 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NA, AS TRUSTEE FOR NHEL CUMBERLAND COUNTY HOME EQUITY LOAN TRUST, SERIES 2006-WF1 Plaintiff, COURT OF COMMON PLEAS v MICHAEL A. DREBOT ANN MARIE DREBOT Defendant(s) : CIVIL DIVISION cnr r? Y c-? ?a 3;1? C) -? a -n C:) C-? f*',, No.: CIVIL-09-2921 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: co 3MP "rit .s? U) Cn As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) an /or Certified Mail Return Receipt stamped by the U.S. Postal Service is a7LawrenKT' er hibit Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? Wil iam E. Miller, Esq., Id. No. 308951 elissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 203743 EXHIBIT A a 0 N r O O? O W U H O ao a° Y ? M U >a? o U ctm u 03 03 a ?O O a t ?b z¢o £ 0161 3000 C 9 a ° ggggg dIZ WON-i 03lIVW 4lOZ LZ21yyy 99ZLLZb000 ••• ? o N V ° y • O V V • ' SI: ==16a ® C A,., ?Ee s ° ? s Z V E = p 0 .. S 04, 1? '% S9 E c YS rn d E w a T ao c Al 0 3 5 e E y a x e U 4 ° uw m 6 ? ' $ > e x v bT7 ON V ?v o y a I . p ' Q •X2 d o p y uo ? A u N e 7 O W G.E n ? t7 o ?? Aev? V ? V O E u $ V F vy j 4jt , r y b t V w a u 0 N ny w O r•1 ? a. O y O\ n.l W+ ? O Q ??••••II m n O •d 1 O O . ? eF w vii 52 ? at N ??. •. _U m '?_ q r q > O A? V C O. d' d' 8 v 'v ?e A '0 Vl ? `"" L d 1, ?A .> ? O ? ? h y H ' 00 -. d ? f 0.?+V] C C ?, M aw w a? [? N Lam,N V? q N w.GO O '. Pr .+ h bD O K? •Q i" ,+ t? ' y >, a t3> LN w q r v, L a ?] ?WWw q V .••? U o? O ? rr w3?d G) a? ? [Q? L a) .-? y? CwQ D q a" ? ,--? ?:5 >L' 1 < m ^S A Q O .w O e ?d o b CFa.M E ?a va °=' pHa o a A o C a> O U Z ?+ L J7 y y L ?? q 8 Y4 O O O y f y O .., A D Q. $ V a+ A O y w 0 D C0 Cri p d O A F O O O a w ° n a? Q a? G O ca % O i y A r3M WU wQW_O'a:. a y r. O L z WMW E-?z O 7M AUrrU O 0 R U p0 VJV] ?N W4 0a W0.' 03 A; x O UCn??x Na N ?y ?•-? N en tl' [? 00 a ? e4 m e "? ? r n w F C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which NHEL Home Equity Loan Trust Series 2006-WF l (TR) is the grantee the same having been sold to said grantee on the 4 day of January A.D., 2012, under and by virtue of a writ Execution issued on the 21 day of March, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 2921, at the suit of NHEL Home Equity Loan Trust Series 2006-WF1 against Michael A. Drebot and Ann Marie Drebot is duly recorded as Instrument Number 201205574. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 2 C) Z62 17 order of Deeds er of DOW eftnd County, Calisle, PA My Wwissio Tres the First Monday of Jan. 2014 rte; r n ? _.... . `= ca -<> .? O t T- ?r. C C -!c S -, -a v.