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HomeMy WebLinkAbout09-5675i RICHARD F. STERN, ESQUIRE (03315) L,,<EVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation 2929 Walden Avenue Depew, NY 14043 V. L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE Civil Action Number: Oq - 51d75 C ly< 1 T?r-m CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in. the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. J:\Diane\COMPLAIN\HSBC-HOROWITZ CUMBERLAND 7-09.doc IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT' MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Diane\COMPLATN\HSBC-HOROWTTZ CUMBERLAND 7-09.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation 2929 Walden Avenue Depew, NY 14043 V. L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Civil Action Number„ COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE 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 AVISO Le han demandado a u.sted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede J:\Diane\COMPLAIN\HSBC-HOROWITZ CUMBERLAND 7-09.doc 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. Lleva esta demands, a un abogado inmediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio, vaya en persona o Maine por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir asistencia legal Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Diane\COMPLAIN\HSBC-HOROWITZ CUMBERLAND 7-09.doe NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Diane\COMPLAIN\HSBC-HOROWITZ CUMBERLAND 7-09.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation 2929 Walden Avenue Depew, NY 14043 V. L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Civil Action Number: v 9- SG 7S 6,? / `T.el, COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Household Realty Corporation (hereinafter referred to as "Household Realty")with offices located at 2929 Walden Avenue, Depew, NY 14043. 2. Defendant is L'Oreal Horowitz, an adult individual with a last-known address of 751 Erford Road, Camp Hill, PA 17011. 3. Under date of 01/16/2008, defendant, together with Tony Horowitz, executed and delivered to MERS, as nominee for Household Finance Consumer Discount Company a mortgage upon the property 751 Erford Road, Camp Hill, PA (the; "Property")to secure the payment of the sum of $88,000.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 01/28/2008 at Instru #200802669 and is incorporated herein by reference as though set forth at length herein. A copy of the legal description of the Property is attached hereto and made a part hereof as Exhibit "A". J:1Diane1COMPLAIN\HSBC-HOROWITZ CUMBERLAND 7-09.doc 4. The said mortgage was assigned to Household Realty, the within Plaintiff, by Assignment which has been duly recorded or is in the process of being recorded. 5. Said Defendant is the real owner of Property 751 Erford Road, Camp Hill, PA 17011. 6. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit «B", 7. The said loan is in default as a result of the failure to pay the monthly installments of $834.06 due on April 1, 2009 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE .......................................................$87,703.20 INTEREST accrued thru 07/29/2009 of ............................... $3,154.80 Interest after 07/29/2009 shall accrue at the per diem rate of $26.29.) LATE CHARGES accrued thru 07/29/2009 of .....................$530.04 Late charges after 07/29/2009 shall accrue at the monthly rate of $41.70.) FEES BILLED .......................................................................$37.56 COSTS ................................................................................... 300.00 ATTORNEY'S FEE ..............................................................14,300.00 TOTAL .................................................................................. $96,025.60 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Household Realty Corporation requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $87,703.20 plus interest thereon of $3,154.80 plus $26.29 per day from 07/29/2009 until judgment is paid in full, late charges of $530.04, plus late charges of $41.70 per month from 07/29/2009 until judgment is paid in full, escrow advances of $0.00, fees billed of $37.56, costs of $300.00, attorney's fees of $4,300.00 and all other amounts set J:\DianeICOMPLAIN\HSBC-HOROWITZ CUMBERLAND 7-09.doc forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. STERN AND EISENBERG LLP BY: VE K. EISENBERG, Attorney for Plaintiff J:1Diane\COMPLAINIHSBC-HOROWITZ CUMBERLAND 7-09.doc VERIFICATION is the V" of Household Realty Corporation and is authorized to sign s Verification on behalf of same, and states that he/she verifies the foregoing Civil Action-Mortgage Foreclosure against L'Oreal Horowitz and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. §4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. DATE. O -Z Household Realty Corporation ?c, Loan #5940194 II JADiane\COMPLAR,AHSBC-HOROWrrZ CUMBERLAND 7-09.doc ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point: is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. E MB1T HSBC 4D PLEASE NOTE THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 04!06/2009 VOREAL HOROWITZ 751 ERFORD RD CAMP HILL, PA 17011 Dear VOREAL HOROWITZ, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Suecific information about the nature of the default is provided in the attached oases. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH ACONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397.(Persons with impaired hearing can call (717) 780-1869) -?? This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may EXHIOff d a lawyer. HSBC Mortgage Corporation (USA) \? 59 2929 Walden Avenue. Depew, NY 14043 qusJ ende HSBC iD Mortgage Account Number: 5940194 Page 2. 04/06/2009 LA NOTIFICACI6N EN AD.IUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICA06N OBTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRiBA. PUEDE SER ELEGIBLE PARA UN P1 STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): L'OREAL HOROWITZ PROPERTY ADDRESS: 751 ERFORD RD, CAMP HILL, PA 17011 LOAN ACCT. NO.: 5940194 ORIGINAL LENDER: CL-SOLSTIC (If original lender blank then original lender and current lender are the same.) CURRENT LENDER/SERVICER: HSBC MORTGAGE CORPORATION (USA) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WTPH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face* meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. HSBC Mortgage Corporation (USA) 2929 Walden Avenue. Depew. NY 14043 59 Lender HSBC 4D Mortgage Account Number. 5940194 Page 3. 04/06/2009 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the provertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA (filed or postmarked) within thirty (30) days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEM" APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WPTH A COUNSELING AGENCY WI'T'HIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA V [IIIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVEN'T'UALLY APPROVED AT ANY TIME BEFORE A SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available fiords for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have .met. the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depm NY 14043 59# 0 .0 Lender HSBC ID Mortgage Account Number. 5940194 Page 4. 04/06%2009 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Sled bankruptcy you can still apply for Emergency Mortgage Assistance) ? HOW TO CURE YOUR MORTGAGE DEFAULT Bring it HR to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 751 ERFORD RD CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $2,502.18 02/01/2009 though 04/01/2009 Other Charges: $100.00 Corporate Advance $404.94 Late Charges $0.00 Inspection Fees $0.00 Insufficient Funds $3,007.12 TOTAL AMOUNT PAST DUE HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,007.12, PLUS ANY MORTGAGE PAYMENTS AND LATE-CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: HSBC Mortgage Corporation (USA) 2929 Walden Avenue Depew, NY 14043 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. HSBC Mortgage Corporation (USA) 2929 Walden Avenue. Depew, NY 14043 5900q lendar .Iv HSBC m Mortgage Account Number. 5940194 Page 5. 04/06/2009 EF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cure the default within the THIRTY (301 DAY Period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by vaying the total amount then vast due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as Mmified in writing by the lender and by performing any other requirements under the mortga¢e Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: ,Mail Address: HSBC Mortgage Corporation (USA) 2929 Walden Avenue. Depew. NY 14043 HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depew, NY 14043 1-800-338-6441 1-732-352-7544 June Geouge june.geouge@us.hsbc.com 59 Lender , w HSBC ID Mortgage Account Number. 5940194 Page 6. 04/06/2009 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTTON OF MORTGAGE - You _ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY TURD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Peter Gutowski Default Servicing HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depew. NY 14043 594 Lender HSBC m Mortgage Account Number: 5940194 Page 7. 04/06/2009 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Adams County Interfaith Housing Anthority 40 E High St, Gettysburg, PA 17325 717-3341518 CCCS of Western PA 2000 Linglestown Road, Harrisburg, PA 17102 888-511-2227 Community Action Commission of Capital Region 1514 Derry St, Harrisburg, PA 17104 717-232-9757 Loveship. Inc. 2320 North 5th St, Harrisburg, PA 17110 717-232-2207 Maranatha 43 Philadelphia Ave, Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street, Harrisburg, PA 17110 717-780-3940 800-342-2397 HSBC Mortgage Corporation (USA) 2929 Walden Avenue. Depew, NY 14043 59 Lender HSBC 4D HSBC Mortgage Corporation (USA) 2929 Walden Avenuc, Depew, NY 14043 59 Le Lender OF IH P ??TARY 2009 AUG 17 Pty 2: 13 '78.50 P 0 AT rV CIO lsggs e asga17 1 Sheriffs Office of Cumberland County R Thomas Kline Sher ?tt, ©t ?ui?brcl Ronny R Anderson ?4? ??0 Chief DePuty ; Jody S Smith ` Civil Process Sergeant cFPCE C I - E srERiFF Edward L Schorpp Solicitor FJLI*C•-?? ?t?E OF THE ? ? ' ? ^1I?TARY 2009 AUG 28 PM 12: 51 a r" Household Realty Corporation vs. L'Oreal Horowitz Case Number 2009-5675 SHERIFF'S RETURN OF SERVICE 08/24/2009 04:35 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 24, 2009 at 1635 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: L'Oreal Horowitz, by making known unto Tony Horowitz, Husband of defendant at 751 Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 25, 2009 SO ANSWERS, w . w ' t"THOMAS KLINE, SH RIFF By Deputy Sheriff RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE VIVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsI?VnE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action Number: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), L'Oreal Horowitz, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE .......................................................$87,703.20 INTEREST accrued thru 07/29/2009 of ...............................$3,154.80 Interest after 07/29/2009 shall accrue at the per diem rate of $26.29.) LATE CHARGES accrued thru 07/29/2009 of .....................$530.04 Late charges after 07/29/2009 shall accrue at the monthly rate of $41.70.) J:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc FEES BILLED .......................................................................$37.56 COSTS 300.00 'r 50 ATTORNEY'S FEE ..............................................................$4,300.00 Sub-Total Through Date of Complaint ............................$96,025.60 ACCRUED INTEREST after 07/29/2009 shall accrue at the per diem rate of $26.29 to September 30, 2009 ....................................$1,656.27 ACCRUED LATE CHARGES Late charges after 07/29/2009 accruing at the monthly rate of $41.70 through September 30, 2009 ......................................$83.40 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT .................................................................$97,765.27 STERN AND EISENBERG LLP BY: Date: September 30, 2009 R??IARD F. STERN, ESQUIRE REVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation Civil Action: 09-5675 CIVIL TERM V. L'Oreal Horowitz Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': Last-known address is 751 Erford Road, Camp Hill, PA 17011 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN AND EISENBERG LLP NgTARIAL SEAL DIANE J.t?paa. NotaryPCoun ! Jeolclnrovm ?or1 Mbn?SpgP ?1, 2R BY: KEVEX K. FASENBI RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Swo t d subscribed efore me this Day of )2009. Notary Public 3:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten- day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN AND EISENBERG LLP B • TT EVEN K. EISENBERG HARD F . STERN IN P. DIS KIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Household Realty Corporation VS. NO. 09-5675 Civil Term L'OREAL HOROWITZ To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Date of Notice: September 14, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BYATTORNEYAND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOTAFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] 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. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 x(717) 240-6200 STERN A NW- EIS LLP BY: STEVEN K. EISENBERG Attorney for Plaintiff The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 JAANN\TEN DAY\CUMBERLAND\HSBC.HOROWITZ.09.09.DOC RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Household Realty 2929 Walden Avenue Depew, NY 14043 (Plaintiff) L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 (Defendant(s)) STERN AND EISENBERG LLP BY. STEVEN K. EISENBERG RICHARD F. STERN N KEVIN P. DISKIN Attorney for Plaintiff J :\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. B STERN AND EISENBERG LLP STEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC. Horow itz.09.09.doc FILED-OFFICE OF THE PRT. HnNOTRRY 2009 OCT -5 PAS 3: 16 Coca'. ;v{'? zY t4•oo PD ek-1 ttp4laq ot a314-7y +,^A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Household Realty Corporation ( ) Confessed Judgment ( ) Other File No. 09-5675 Civil Term vs. L'Oreal Horowitz TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $97,765.27 Interest from 10/01/09 at the per diem rate of $26.29 until judgment is paid in full. Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See full legal description attached. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: Print Name: Steven K. Eisenberg 261 Old York Road Address: T,__p,.,ilion3}te%l0 Jenkintown, PA 19046 Attorney for: Plaintiff Telephone: (215)572-8111 Supreme Court ID No.: 75736 (over) 0 FILED-OFFICE OF THE PR OT1 NOTARY 2409 OCT -5 PM 3: 17 P I aSYLVA NiA ,-a+. oo P p Kh''f 41. so 178.50 14.OO l1 a•50 I W.60 -M ATq 4,1. 00 aoeoo .5o u- C,w ttogt,D4 P14 ,131474 RE w?t?? RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEvIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsmii,E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 751 Erford Road, Camp Hill, PA. 1. Name and address of Owner(s) or Reputed Owner(s): L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: J:\Supriya\Sales\Cumberland\14SBC.Horowitz.09.09. doc N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: September 30, 2009 STERN AND EISENBERG LLP BY: v K. EISENBERG 2D F. STERN P. DISKIN for Plaintiff Swomd subs ribed efore me this3 Day of ? 2009. 1 Notary Public NOTARIAL SEAL DIANE J. T'URANO, Notary Public JonkintOWn @ora. Montgomery county f ptpMlot% GVAW C?tAdaAWi:::1 A J:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVw P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKwTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsmaLE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Your real estate at 751 Erford Road, Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 3, 2010 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $97,765.27 obtained by Household Realty against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J \Supriya\Sales\Cumberland\HSBC.Horowitz.09.09.doe 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doe RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEviN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLvAN1A 19046 TELEPHONE: (215) 572-8111 FAcsRALE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation Civil Action: 09-5675 CIVIL TERM V. L'Oreal Horowitz Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 751 Erford Road, Camp Hill, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, March 3, 2010 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $97,765.27 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. September 30, 2009 BY. STERN AND EISENBERG LLP EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\S upriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "P", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. MLE}-i?F tCE OF THE PPOTHO'NMARY 2009 OCT -5 PM 3: 17 C?t,t 7u 0 UNITY PENNSYLVA"oNA RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEviN P. DIsKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Your real estate at 751 Erford Road, Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 3, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $97,765.27 obtained by Household Realty against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sales\Cumberland\HSBC. Horowitz.09.09.doc 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\14SBC.Horowitz.09.09. doc ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block-r, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 531 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5675 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From L'OREAL HOROWITZ (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 $97,765.27 L.L. $.50 Interest from 10/01/09 at the perdiem rate of $26.29 until judgment is paid in full Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 10/5/09 (Seal) Curtis R. Lon , of onot By: Deputy REQUESTING PARTY: Name: STEVEN K. EISENBERG, ESQUIRE Address: STERN AND EISENBERG LLP 261 OLD YORK ROAD THE PAVILION SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 SHERIFF'S OFFICE OF CUMBERLAND COUI~~~;,.r~~r4; t,`F TWA p~.~~t} s'°f~`~ARY Ronny R Anderson ""-"~, "~; ~ ~~~ti~t~, o~~u~nGcrf~~t Sheriff Z01Q Jil~1- i Pik 2~ ~© Jody S Smith ~ Chief Deputy ~ ~.~ ~, ~` ~.~~ ~ t ~.~~~ CUM~~R~i~~.~ CCUN~Y Edward L Schorpp "' ~~~~~~ Solicitor crF,~r ~~ rf.E s~rg~~~ Household Realty Corporation I Case Number vs. 2009-5675 L'Oreal Horowitz SHERIFF'S RETURN OF SERVICE 12/23/2009 07:59 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1959 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 L'Oreal Horowitr, located at, 751 Erford Road, Camp Hill, Cumberland County, Pennsylvania according to law. 12/23/2009 07:59 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1959 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: L'Oreal Horowitr, by making known unto, L'Oreal Horowitr, personally, at, 751 Erford Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him/her personally the said true and correct copy of the same. 02/24/2010 PROPERTY SALE POSTPONED TO 6/2/2010. 05/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Steven K. Eisenberg on 5/27/10 SHERIFF COST: $699.34 May 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a.~ ~. C~ . sa ~~~ ~~ 7~ ~-~~ ~ ~~ ~s a Ic) Ccun!ySuite Sheriff, Teleosoft. Inc. f ~, I RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUrrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation v. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 751 Erford Road, Camp Hill, PA. 1. Name and address of Owner(s) or Reputed Owner(s): L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: J:\Supriya\Sales\Cumberland\I ISBC.Horowitz.09.09. doc N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: September 30, 2009 STERN AND EISENBERG LLP BY: ~T K. EISENBERG tD F. STERN P. DISKIN for Plaintiff Swornd subs nbed efore me this, Day of , 2009. Notary Public ~"~ I~!(}TARIAL SERI DIANE J. "rt1RAN0, Notary Public Jon~lrta~rn Gera,. Mai~t~amsty bounty _;~~ ~'"`Ph1fi?I9~Ir7~5 ~~{~1ItR`' ~tOt)8t`g1~ ~Q'tQ J:\Supriya\Sales\Cumberland\HSBC. Horowitz.09.09. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBE_~G, ESQUIRE KEVII~ P. DISKIN, ESQUIltE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, StlrrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation v. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Your real estate at 751 Erford Road, Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 3, 2010 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $97,765.27 obtained by Household Realty against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (21 S) 572-8111. 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. J:1Supriya\Sales\Cumber(and\HSBC.Horowitz.09.09.doc 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 Sheriffs Sale is not stopped, your properly will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. ^ 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 properly. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC.Horowitz.09.09. doc RICHARD F. STERN, ESQUIIZE ' STEVEN K. EISENBERG, ESQiJIRE KEVirr P. Dlsxrrr, EsQu>RE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SurrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIIviII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation Civil Action: 09-5675 CIVIL TERM v. L'Oreal Horowitz Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 751 Erford Road, Camp Hill, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, March 3, 2010 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $97,765.27 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendants} who is/are also the real owner of said premises. l have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions. are filed thereto within ten (10) days thereafter. September 30, 2009 STERN STD EISENBERG LLP B~ VEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\S upriya\Sales\CumberlandlHSBC. Horowitz.09.09.doc ALL THAT CERTAh~T tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 acid 13X, Block "I", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as histrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH~OF PENNSYLVANIA) NO 09-5675 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From L'OREAL HOROWITZ (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 $97,765.27 L.L. $.50 Interest from 10/01/09 at the perdiem rate of $26.29 until judgment is paid in full Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 10/5/09 Curtis R. Long, r hono ary (Seal) ~ By: Deputy REQUESTING PARTY: Name: STEVEN K. EISENBERG, ESQUIRE Address: STERN AND EISENBERG LLP 261 OLD YORK ROAD THE PAVILION SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 On October 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township Cumberland County, PA, Known and numbered as 751 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 9, 2009. By: Real Estate Coordinator __ r / ~ ~ Y y~I~~'f~~1 ~'~'~j°r ~~~ ~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: January 22 January 29 and February 5 2010 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. r-- ><sa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 5 day of February. 2010 ~,, Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 O/rit lio. 2009-lsb?6 Civil Household Realty Corporation vs. L'Oreal Horowitz Atty: Steven Eisenberg ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lota Nos. 12 and 12X, Block "1", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 53° 00 West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. PROPERTY ADDRESS: 751 Erford Road, Camp Hill, PA 17013. _, ,,The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'~I~e~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, 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: 01/22/10 _--~ ' -. Sworn to a ub cribed before me 24 y o ebruary, 2010 A.D. f ~ Notary Public \~`'~- . COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shortie L. Kisner, Notary Public City Of Harrisbufg; Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 01/29/10 02/05/10 ~~ TfI14T,C~~act ~ parctl of land situate in the East ;Faaasboro Towpship, Caa@batJena . cotitanty, Pennsylvania IDore paRicnlet9y 6uiatdcd esd,de~'bed' as follows, W wit; BE[~VIVl7VG at, a Eoiat pu the Easterly .line of Erford Roed (fiastj, -w¢ieh point .is 9.1Q,10 feet Sauth of the Southeasiarly,cAxpp~ of Mme' Read aad Erfaal:Road fES9t),,aad;at dividing line between Lots Nos. l2 and 12X,: Bk~ct'T' on.the her Flea of Lots thence nloag laid ' " lla 00' East 150,fcrt w a pq'~ Soutb - Hari 3`t:50 feet to ' a praet fit' dividin8 line ;between Lots Nos., 12 and 13X, Black "T,~ on said~t; thence abng aiud div~g liuaSouth 33° 00 Wtat 150 fee! fo, s-~oint ott the Easterly line of F,tfarl Road (Fact). atomeaid; thence alaug suns North 37° West 37:50 f~ to a point, the.!>~ :of begtggitt .BFeIIVG;the .setae 'pcemiscs which L ~-1 ~ ~ i,"Oreal ~a~. ~~t ~ dated raa4arym~~' sad Jeco~ January 2g, ~ the t} ~dx Rac~nder,' of Wads ~. and f« ~ y as fas4>naaat I+iui~er 'aid corneyed unto i.'t~eat , l~owit~; a n>ffiried peb3o:~:. , ~R~SS '751, Ecfo¢d,Reod, Gop t1111ffi3 IN THE COURT OF CO- -ION PLEAS OF CUMBERLAND COI ' ITY, PENNSYL 0 IA?? 71 ?' CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Z- '77 m Caption: ( ) Confessed Judgment c7 cr. =< Household Realty Corporation ( ) Other File No. 09-5675 Civil Term vs. Amount Due $97,765.27 Interest from 10/01/09 at L'Oreal Horowitz of $26.29 until judgment the per is paid diem rate in full Atty's Comm . Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See full legal description attached. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) V and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). P (Indicate) Index this writ against the garnishee(s) as a lis pendens against r al estate of the defendant(s) described in the attached exhibit. / Date I J dg>/_ ?. Signature: G. -- % oo Po Ate/ Print Name: Steven K. Eisenberg Hl. 50 aar 1M. 3q ,. Address: 261 Old York Road mho p,A,; , ; S;ite-1? 18 7$? ? I't. 00 ' Jenkintown, PA 19046 .14.00" U-00 Net, Attorney for: Plaintiff Telephone: (215) 572-8111 alt DW3 Supreme Court ID No.: 75736 P * ° mnp (over) 1?v u?d?uwa WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5675 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From L'OREAL HOROWITZ (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 $97,765.27 L.L. Interest from 10/1/09 at the per diem rate of $26.29 until judgment is paid in full Atty's Comm % Atty Paid $881.34 Plaintiff Paid Date: 9/8/10 (Seal) - REQUESTING PARTY: Due Prothy $2.00 Other Costs David Buell, Proth tary By nzonn Deputy Name: STEVEN K. EISENBERG, ESQUIRE Address: STERN AND EISENBERG LLP 261 OLD YORK ROAD THE PAVILION SUITE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 t M RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsIMILE: (215) 572-5025 (COUNSEL, FOR PLAINTIFF) r r TAI O , ,1111: 06 p?;?S .f LVr?H? IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 751 Erford Road, Camp Hill, PA. 1. Name and address of Owner(s) or Reputed Owner(s): L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: J: \Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. I O. doc N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Occupant 751 Erford Road Camp Hill, PA 17011 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 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. Section 4904 relating to unworn falsification to authorities. Date: September 3, 2010 STERN AN I ENBERG LLP BY: STEVEN-K? EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Sw t and subscribed efore me thrVDay of , 2010. c Notary Public J:\SupiriyalSales\Cumberland\HSBC.Horowitz. Relist.09.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQURE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FlL1rD-`- ?r _ fu,11: 06 CUM •-?•, r t i _J '•?V L75 `i i ?EIVtv.J ??r„w1A IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz f Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Your real estate at 751 Erford Road, Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $97,765.27 obtained by Household Realty against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. 10.doc 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\SaleslCumberland\HSBC.Horowitz.Relist.09.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DIsKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINToWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation Civil Action: 09-5675 CIVIL TERM V. L'Oreal Horowitz Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 751 Erford Road, Camp Hill, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriff's Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $97,765.27 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. September 3, 2010 STERN ? EISENBERG LLP BY: TEVEN K. EISENMERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:1Supriya\SaleslCumberlandlHSBC.Horowitz.Relist.09.10. doc ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00 East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner nikla L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. PARCEL NO. 09-16-1050-189. J:1Supriya\Sales\CumberlanMSBC.Horowitz.Relist.09.10. doc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 Household Realty Corporation v. L'Oreal Horowitz Defendant(s) n -, ~ ~-: " °' c~ r~ ~ =~-~' r~a ~ -~r, ~y ~ ~ I ~, <._~ ~ Q '"~ ~~ -ra ` ~~ -` ~c-~ -~ ~. `, T , ~ ~z c^' Civil Action: 09-5675 CIVIL TERM MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by certified mail, return receipt requested on October 5, 2010. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on October 5, 2010, as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP ~~ BY: STEVEN K. EISENBERG Attorney for Plaintiff 10/5/10 Q `~~ d~ O •30 ~w 0 o ~. v 61 p N ' tl '' m ~ ~ ~' a ' + m u. ~ 'i ~ n m - ~ - ; a `, o Z Z •'~ O i m _ ~~ N`C ~ ~ ti O.m :R ' ` O m No R .in ~ C °' dE d V N ~ a ° R •m~ ~~ •m ~ ~ „ dN 4 O CN ,V1 0 `` ~~ pp~ p~hE b ©ppp 6b`~~' 0 a~ 0 .~ R fa, ~ a' W E;' ~Ov z ~ °~ W p~ e1,' ~ .~ ~ W O b~ ~O ~ F o ~ f/~ N ~"'~ ii b ~ CE Vi "~ ~ ~ ~ ~ ~ w zd o i 0 j~ w ~ - . x ., , . ~ ^ ~t}~ ~ ~ ~~ ~ ti ~~ °~ }'~ ~ o q 0 a M_ 0o N_ O ~ rr h Q d ~., a w o ~ ~ ~ ~ a U .n .~ Q~ Y x ~ ~~ ~, o (j ~ N a~ ~ O N ~ ~ ~ ~ ~ ~ ~ ~ O e~q ~ 0 ~ > O U ~ O W U ~' ^" ~ ~ a> o ( z r"' 3 M '-. ~ O a ,,, ti a O U ~ U ~_ ~ ~ ~ :~ x" ~ ° o ~' a ~ w ~= o ;~ ~ ;; ~ -d ~ ~ a y U ~ ~, ~ v O ~ ~ ro ~ ~ U ~ ~ ~ U V~ 4Q s., c,.., ~ ~ ~ ~ «f ai ~ ~ w ~ h ~ ~ ~ ~ ~ r a • ~ w ~ ~ yQ"'j v~ °' U ~ b z~ to z O a Q E~ R+/ H~ * dF -0F iF dF ,~ dF iF jF 9F # dE iF jF dF 9F iF 9E dF dF iF 9F A *~ ~' ~F * dE iF ~ * iF ~1F iF 3F iF 9F 3F iF iF # dF iE ~7F ~fF 9F dF ~" U .~ ~ , ~ ¢z o~ ~~ ~ . .--~ N M d N ~O l~ 00 O~ O •-~ ,.,,, N ,_,,, r, ~ ~n Z h ~ ~ ~ ~ ~ ° a F - a S~P~ES ~Sg~ ~~ ~s~ ~ ~i~ 02 1 P 0030 MAILED FROM ZIP CODE 1 9046 'PITNEY BOWES ~ oo~.ss~ 8782 OCT 052010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Household Realty Corporation vs. L'Oreal Horowitz k.. FILED-OFFICE 4 t= THE PRDTH0rjDTAr^•,'r' 2911 JAN 27 AM A 33 CUMBERLAtID COUNTY PENNSYLVANIA Case Number 2009-5675 SHERIFF'S RETURN OF SERVICE 10/14/2010 04:14 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1614 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of L'Oreal Horowitz, located at, 751 Erford Road, Camp Hill, Cumberland County, Pennsylvania according to law. 10/14/2010 04:14 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1614 hours, she 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: L'Oreal Horowitz, by making known unto, L'Oreal Horowitz, personally, at, 751 Erford Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/14/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Steven Eisenberg on behalf of Household Realty Corporation, 2929 Walden Avenue, Depew, NY 14043, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $817.84 January 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF "k - 0o to, &k a -OD rd Co - r • i RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSNILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 751 Erford Road, Camp Hill, PA. 1. Name and address of Owner(s) or Reputed Owner(s): L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09.10.doc N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Occupant 751 Erford Road Camp Hill, PA 17011 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: September 3, 2010 STERN AN I ENBERG LLP BY: - STEVEN EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff SwAm t and subscribed efore me thi Day of . , 2010. Notary Public J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII,E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Your real estate at 751 Erford Road, Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $97,765.27 obtained by Household Realty against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out hove much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. 10.doe 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation Civil Action: 09-5675 CIVIL TERM V. L'Oreal Horowitz Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 751 Erford Road, Camp Hill, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $97,765.27 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. September 3, 2010 STERN D EISENBERG LLP BY: TEVEN K. EISEN RG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. 10. doc ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as :Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. PARCEL NO. 09-16-1050-189. J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. I O. doc RICHARD F..STF.RN, f SQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FAcSDAI .E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Realty Corporation V. L'Oreal Horowitz Civil Action: 09-5675 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: L'Oreal Horowitz 751 Erford Road Camp Hill, PA 17011 Your real estate at 751 Erford Road, Camp Hill, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $97,765.27 obtained by Household Realty against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sa es\Cumberland\HSBC.Horowitz.Relist.09.10.doc 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. l0.doc ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. PARCEL NO. 09-16-1050-189. J:\Supriya\Sales\Cumberland\HSBC.Horowitz.Relist.09. l0.doc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5675 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From L'OREAL HOROWITZ (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 $97,765.27 L.L. Interest from 10/1/09 at the per diem rate of $26.29 until judgment is paid in full Atty's Comm % Due Prothy $2.00 Atty Paid $881.34 Other Costs Plaintiff Paid Date: 9/8/10 (Seal) /s/ joac-?"e .19 Buell, Proth o By' , Deputy REQUESTING PARTY: Name: STEVEN K. EISENBERG, ESQUIRE Address: STERN AND EISENBERG LLP 261 OLD YORK ROAD THE PAVILION SUITE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 751 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator *11 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 22, October 29, and November 5, 2010 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. C?-- (.,Xisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this C5 da of November 2010 Notary NOTARIAL SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-5675 civil Household Realty Corporation VS. L'Oreal Horowitz Atty.: Steven K. Eisenberg ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37° East 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "I", on said Plan; thence along said dividing line South 53° 00' West 150 feet to a point on the Easterly line of Erford Road (East), aforesaid; thence along same North 37° West 37.50 feet to a point, the place of beginning. BEING the same premises which L'Oreal Lightner n/k/a L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto L'Oreal Horowitz, a married person, in fee. PARCEL NO. 09-16-1050-189. 54 The Patriot-News Co. '2320 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWTS Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 CID. 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. 2009-"75 CWH Term Household Realty Corporation Vs L'Oreal Horowitz Atty: Steven K Eisenberg ALL THAT CERTAIN tract or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly fine of Erford Road (East), which point is 914.10 feet South of the Southeasterly corner of Matthew Road and Erford Road (East), and at dividing line between Lots Nos. 12 and 12X, Block "I" on the hereinafter mentioned Plan of Lots; thence along said dividing line North 53° 00' East 150 feet to a point; thence South 37' East ?. 37.50 feet to a point at dividing line behreen Lots Nos. 12 and 13X, Block "I", on aWd per; thence along said dividing line South 53° W West 150 feet to a point on the Easterly fine of Erford Road (East), aforesaid; thence along same North 37' West 37.50 feet to a point, the place of beginning. BEING the same premises which L'0real Lightner wVa L'Oreal Horowitz, a now married person, by Quit Claim Deed dated January 16, 2008 and recorded January 28, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200802668, granted and conveyed unto EOreal Horowitz, a married person, in fee. PARCEL NO. 09-16-1050-189. This ad ran on the date(s) shown below: 10/15/10 Sworn to?;? suq'scribedtzef?r mfr s 10 d?'y of Notary Public Z4 t Patriot News Now you know November, 2010 A.D. f? COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Mem r?nn 2nla Association of Notaries 10/22/10 10/29/10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Household Realtorp is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 8th day of September, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 5675, at the suit of Household Realt Corp against L'Oreal Horowitz is duly recorded as Instrument Number 201103307. IN TESTIMONY WHEREOF, I have hereunto set my hand and,?eal of said office this 02 day of A.D. 020 //. of Deeds -d -- QNbftd*U%*dftpR Ml? 6*MhFi *rftdJFA2M