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Home My WebLink About10-2320 s UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 -LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF n ^? -73 i - r7 l _ '7Cl ? HSBC Mortgage Services, Inc. COURT OF COMMON PLEAS 636 Grand Regency Blvd. CIVIL DIVISION Brandon, FL 33510 Plaintiff € Cumberland County V. Timothy A. Piccini P.O. Box 62022 = NO. Harrisburg, PA 17106 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS RAvenue VICE 2 Liberty w? 'DD CL ^ t Carlisle, PA 17013 C? '?7LT1 717-249-3166 100 800-990-9108 C AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 e 1. Plaintiff is the Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 113 East Columbia Road MUNICIPALITY/TOWNSHIP/BOROUGH: East Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 12/19/06 DATE RECORDED: 1/4/07 BOOK: 1978 PAGE: 2443 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; el s (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 2/23/10: Principal of debt due $111,809.59 Unpaid Interest at 5.25% from 7/1/09 to 2/23/10 (the per diem interest accruing on this debt is $16.08 and that sum should be added each day after 2/23/10) 3,827.04 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $179.50 and that sum should be added on the first of each month after 2/23/10) 593.93 Late Charges (monthly late charge of $38.45 should be added in accordance with the terms of the note each month after 2/23/10) 916.35 Attorneys Fees (anticipated and actual to 59. of principal) 5,590.48 TOTAL $123,342.39 *This interest rate is subject to adjustment as more fully described in the note and mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania I V Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $123,342.39 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN CES, P.C. BY Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE --hOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE E? ALL . THAT CERTAIN lot of land situsu in. the Township of But Pennsbom, County Commonwealth of Pennsylvania, bounded and described as of Cumberland, and the follows: point Ion the northerly line of Columbia Road, at the distance of BEGINNING at a 137.653 feet measured westward along said line of road from the southwesterly extremity line of the arc or curve connecting the westerly line of Beaver Avenue with the northerly lint of of the said Columbia Road, and extending thence westwardly along r d .95 feet, a toward the South with a M of 639 said Columbia Road, on a line cint; u thence North l4 degrees 56 mi uteus 30 seconds West, distance of m25.1265 ore or or less feet through a ghough the center of a partition wall between this and adjoining 150 feet, more l, '75 feet to a house, and beyond, to a poim; thence North 75 degrees, 071 07 minutes fEast, the place of point; thence South 14 degrees 56 minutes 30 seconds East, BEGINNING. ,,tII?1Q ? ? ON ?ItL+E"t'L•'D t6? •?? ?? u??c-luslf ?ol:? Pezu?SYlvanis. ?a-haff is joubir, two and ustory frame dwelling house laiown as 113 Columbia Road, e woman, by Decd dated BEING the same premises which Carrie S. Zeigler, single 6, 2003, and recorded march 5, 2003, in the Office of the Recorder and February 26, of Deeds Book 255, Page 4900, granted in and for the County of Curnherland, PennsYh in gnjN in fm' conveyed unto Denise L. Bonetti single woman- February 25, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT'. Page 1 of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: -Timothy__A. Piccini 113 East Columbia Road Eno PA 17025. 0016431579 Home Funds Direct _HSBC Conumer_Discount Company_ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BF E.i IGIRiX FOR FiNANCiAi, ASSISTANCE WHICH CAN SAVE YOUR HOME. FROM FORECLOSURE AND HELP YOU MAKE FUTURE, MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), 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 FORE,Ci.OSURE, - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING NHJST OCCUR WITHIN DHOW TO CURE YOUR MORTGAGE F.FAIIi.TO RTGAGF I 1P TO DATE CONSITME.R CREDIT COUNSEL NG ACWNCiES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Te names, addresses and telenhcne numbers of designated consumer credit co tinseling agencies for the county in which the n= ffty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate v of your intentions. APPLICATION FOR MORTGAGE ASSiSTANCF, - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. Page 2 of 2 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE, OF THE, DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 113 East Columbia Road Enola, PA 17025 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: _Mont hl Pa_.yments_of.S820.43_for August 1 2009 through Februar?l,.2010 55743.01_._.____._..._._.. Monfty Late Chafes of $38.45 for August 1, 2009_through February L2010 _-=..$269.15____....__._.. Other charges (explain/itemize): Unpaid Late Charge-$647.20 _ Uncollected Fees Receivable=$25.00 -TOTAL AMOUNT PAST DUE;- - -------- - ..-._........... S(?(iR436- B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): WA HOW TO CURE. THF. 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 $6694.;6. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa=ents must he made either by cash, cashier's check, certified check or mnney nrder mane payahle and sent to* You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not n licable-): NA IF VOU DO NOT CURF. THE. DEFAULT -- If you do not cure the default within THIRTY (30) DAYS Page 3 of 3 of the date of this Notice, the lender intends to exercise its rights to accelerate he 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 anon your mortgaged property_ IF THF. MORTGAGE. IS FORF.CLOSF.D UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default wi h*n the THIRTY (30) DAY period, yon will not he rcq rir .d to nay T ttnrney'c fees. OTHER i.F,NDF.R RF.MF.DiF.S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THF. DF.FAIli.T PRIOR TO SHF.RiFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and pr .v .n the sale at and time in to one bonr before the Sheriffs Sale- Yon may do cow paying he total amount then past due, phis 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 Sheriff's Sal e as eci ified in writing by the lender and by performing any other requirements order the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHF.Ri PS SAi.F. DATF. - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: _HSBC._Consumer Lending ___._............. _..... _...... _.............. _....... _._ Address: 636 Grand Regency Blvd. Brandon-FL 33510_.__...._.__._._._._.__._......._.......-...._._.__.__._...._....._........._......_.__._.._ Phone Number: _1.-800-365-6730-- ----------------------------- ----..-........... .... - -------- --------- Fax Number: 1-813-571-8917 Contact Person: _Loss Mitiigation De-partment...................... __.___-.... _......... _.................... .-.._-.............. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 I P ' NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Bill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 I # TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Page 6 of 6 HEMAP Consumer Credit Counseling Agencies ? as N m W Z co 3 g Q 2 pN ? A ° cm o -0 ru 0 ru o C 3 p 0 ? W Ln Ln Ln -J r? r-+ Ir CA V O =r 0 r 3 9m3 -o ? m CA) v m K P ? - w ? cn O ? _ L m m - • Z a 1 3! 9 o ^' v ?? m ?? a ° 0 ° CL g a P. 8 m •h??nbu Lan pel;ll Ive 843 It e4l 4i!M w Jo 9eSSeli S! id!eoel Jo; Jen!8M 844Jenooc wn;ea a 4t ;O ;oold ep •®I!EW Auou LU 0 J "Cl jallsIr H -j p O . 0 ?- rU ru O ?---- O M W -?= to L" L L 0" w ? ap y 4? J cr- CC U 0 C:j Q (-: U +C? .7? c v ? v j V T O: .?T N ,iority Mail® Mail. For ie proof of :h a Return )coverthe waiver for I receipt is ressee or :e with the it the arti- tified Mail nquiry. 2 16 } z ?? o ?? ? N E Cr Ed 'O m 13 t ? a ? ac > JF ID g N ¢ N Ir q w d ?C ati d ? ? n > a E ?j? ID O E c«« 0 -2 16A CC Y a m N C 7 M U T W D E CC m 0 E r-'x-'x0 c?ma.. 0Q o Q a m Q i 0 m r-I P- Ln r` Li u1 m O 0 0 C3 ru CO nu 0 O IN z E ,2 z y z g y U u 2 I N O a ¢ E a m U E S ICI ? ? Lj ° i-- Lo cn Q0 ui 0 r 0 i u. a. c m a??15?eF9 LL&A VII ol c v v MOEN ru a ti _ o? C3 0 O w L Lrl Ul L-i w ---- 0 - ?Q CCD u Owz Ll- a- °°' z ly) o a. Z-- LL 0 M ? O 0 N N CE O 10 1 \V Q Q 1 i1, V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDRE ES,.P.C. BY: -q( Attorneys r Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE --LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE I UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Mortgage Services, Inc. Plaintiff v. Timothy A. Piccini Defendant (s ) ATTORNEY FOR PLAINTIFF n ~ `c ca ~ ., fix. ~ .:; C_ 0...- c ~~ f."" tip ,~- .... - t-rz i~ C~ 6 : Cb _ ~_-' ~-. `J ~ :~ f _~... ' .,.., rS ,."F..~ G' ~ ~ ~ `COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County €NO. 10-2320 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: May 14, 2010 UDREN ICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE rbOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE /~.OD {-~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~, ~,~~r11i, pt ~~nrt?i~r{~~t t. b t.- ,> i • ~~ Fii ~_r _. - , Edward L Schorpp Solicitor ~FFF C.6 JF Trs~ ~r~R1F€ ~!' , I a'~~.'jj~a s HSBC Mortgage Services, Inc. vs. Timothy A. Piccini Case Number 2010-2320 SHERIFF'S RETURN OF SERVICE 05/24/2010 08:22 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2010 at 2015 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy A. Piccini, by making known unto himself personally, at 404 N Second Street, 2nd Floor Apartment A, Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 May 25, 2010 GERALD WORTHINGT ,DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ~c; CountySuite SFenff. Teieosoft. Inc. ~• ~TDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU; - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. 636 Grand Regency Blvd. Brandon, FL 33510 Plaintiff v. Timothy A. Piccini 404 North 2nd Street, 2nd Floor Wormleysburg, PA 17043 Defendant(s) ATTORNEY FOR PLAINTIFF ~_: ,,.. TG ,.. . ;: ~ , r;~ _ .r ... ~ ..__ ~. .~Y Prv~ ~ ~53 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-2320 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Timothy A. Piccini for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $123,342.39 Interest Per Complaint 1,977.84 From 2/24/10 to 6/26/10 Late charges per Complaint 153.80 From 2/24/10 to 6/26/10 Escrow payment per Complaint 718.00 From 2/24/10 to 6/26/10 TOTAL 5126,192.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. W OFFICES, C. BY : II' Attl Plaintiff MAR J . UDRE3~; UIRE STUART WINNEG, ESQUIRE ~l~•0O PD AT7`{ LORRAINE DOYLE, ESQUIRE ~~rsl~4gc~ ALAN M . MINATO, ESQUIRE ~~ a 4S'So3 CHANDRA M. ARKEMA, ESQUIRE ~~" ~ DAMAGES ARE HEREBY ASSESSED AS INDICAT ~ ~O'kC¢.~¢/ DATE : 783/ /O PRO OTHY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQIIIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KP+YES, ESQIIIRE - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Mortgage Services Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v• :Cumberland County Timothy A. Piccini Defendant(s) =NO. 10-2320 TO: Timothy A. Piccini 404 North 2nd Street, 2nd Floor Wormleysburg, PA 17043 Date of Notice: June 15, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE NECES DADODEECOMPARARECERIUSTED ENTCOR~EIOIESCUCNHAREPREUBA ALGUNAD DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO B8 A D88T COLLECTOR AND 't`HT~ T,~ AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL.B&-~D FOR THAT OSE. ~,. /~ ~ STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO ESQUIRE CHANDRA M. ARKENfA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest F~oad, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF HSBC Mortgage Services, Inc. ;COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION v. =Cumberland County Timothy A. Piccini :MORTGAGE FORECLOSURE Defendant(s) =NO. 10-2320 STATE OF NEW JERSEY AFFIDAVIT OF NON-MILITARY SERVICE COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Timothy A. Piccini Over 18 As captioned Unknown Sworn to and subscribed before me this 21ST day o JULY, 2 10. No y Public above Nam . Title: TORNEY FOR PLAINTIFF Company: UDR~N LAW OFFICES, P.C. ~A~ ~C~onmdsslon6~1Qr1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. =COURT OF COMMON PLEAS Plaintiff ECIVIL DIVISION v• =Cumberland County :MORTGAGE FORECLOSURE Timothy A. Piccini €NO. 10-2320 Defendant (s ) T0: Timothy A. Piccini 404 North 2nd Street, 2nd Floor Wormleysburg, PA 17043 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession P honotary ~alo~io Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU; - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. Plaintiff v. Timothy A. Piccini Defendant(s) ATTORNEY FOR PLAINTIFF C°3 C ~ ='i -K ~ E -r-; ~.._ +_ ~~, - COURT OF COMMON PLEAS ~--~ ~ _ CIVIL DIVISION - _, Cumberland County -` .- -rfc:?' (, .. MORTGAGE FORECLOSURE '~ ~` '` NO. 10-2320 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due Interest From 6 27 10 to Date of Sale December 8, 2010 Ongoing Per Diem of 16.08 to actual date of sale including if sale is held at a later date O (Costs to be added) ~d4.op pq pTry (o5.5p CBE' Na.yo ~. 9a •oo ~~ /O . oo ~~ 1¢.00 " ~aso ~ aso •yo -Pa Amy ~aoo ~ueQ~ ~so w ~~ ~s~l R5 ~* ~,Nss03 $126,192.03 2,653.20 REN LAW OFFICES. .C. BY: Attorneys for' intiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~. ~:~t .r UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HS FOR PLAINTIFF BC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION v• €Cumberland County :MORTGAGE FORECLOSURE Timothy A. Piccini €NO. 10-2320 Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: n c. ~ -~~ , ti' ~~'~~: ~- ~~ ~_~ ,~ -,-, r~~,,-. T T'`3 ; r) '~.~ _ ~ _~ r" -c, --LL- ~' : , .. _~ :: ~ ` I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: X A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. Y: Attorneys fo aintiff MAR . 't~BR~' ESQUIRE STUART WINNEG-,-._F~SQ E LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :`COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v• :Cumberland County MORTGAGE FORECLOSURE Timothy A. Piccini €NO. 10-2320 Defendant(s) C E R T I F I C A T E c~ ^' ,- ~; -°, ,- ,•- , ,. r.~ °t~ !~ ~ - _;`- ;: • • -i ._r C: ~., ~.~ :.~. I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDR, OFFICES, P.C. BY: s for Plaintiff MARK J. UDR ;- UIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. €COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v• =Cumberland County =MORTGAGE FORECLOSURE Timothy A. Piccini NO. 10-2320 Defendant(s) n c~ - _,ry <,. r~+ ~.__ ~. G;4, ; - ~ _ .~ . ~ AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Mortgage Services, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 113 East Columbia Road (East Pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy A. Piccini 404 North 2nd Street, 2nd Floor Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address HSBC Mortgage Services, Inc. 636 Grand Regency Blvd. Brandon, FL 33510 r 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 113 East Columbia Road (East Pennsboro Township) Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 22, 2010 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be UDREN LAW OFFICES, P.C. Y: ~ ~~tta~~eys for- laintiff MARK J . UDR~EN ; --£~`~E STUART WINNEG £ E LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDRSN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLS, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER FOR PLAINTIFF r 111 WOODCREST ROAD, SUITE 200 ~' CHERRY HILL, NJ 08003-3620 ,_;~;=' 856-669-5400 ~`,~ pleadings@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS i°,.~ Plaintiff 'CIVIL DIVISION v. :Cumberland County ~_~ r..; :MORTGAGE FORECLOSURE Timothy A. Piccini NO. 10-2320 Defendant (s ) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy A. Piccini 404 North 2nd Street, 2nd Floor Wormleysburg, PA 17043 e~ c c-~° r-~ sv a-, ~. ~3~~ .~ ~i ~~-. _c r-! ;~_ ..lam Your house (real estate) at 113 East Columbia Road (East Pennsboro Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $126,192.03, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the progerty will be relisted for the Next Available Sale. NOTICE OF OWNSR'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: X856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT GAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWY23R REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2320 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY; To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC., Plaintiff (s) From TIMOTHY A. PICCINI (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 $126,192.03 L.L.$.50 Interest from 6/27/10 to 12/8/10 Ongoing per diem of $16.08 to actual date of sale including if sale is held at a later date --$2,653.20 Atty's Comm Atty Paid $250.40 Plaintiff Paid Date: 7/26/10 (Seal)... REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC Due Prothy $2.00 Other Costs David D. Bu ,Prothonotary By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST RD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 75860 1 UDRM LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKENA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Mortgage Services, Inc. ? COURT OF COMMON PLEj4o Plaintiff :CIVIL DIVISION ZM C.5 M-2 y r ':Cumberland County wr '- ?r n V. ?. p 2 r Timothy A. Piccini p ...gyp C-) Defendant (s) :NO. 10-2320 5: j 2 ? • rn AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1-4 vNr ::a -C Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date speci fied on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attache d Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: November 1` , 2010 OFFICES, C. Attorneys r P a MARK J. UDREN, ES STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE VALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE -1D #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE -1D #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Mortgage Services, Inc. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Timothy A. Piccini Defendant(s) = NO. 10-2320 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Timothy A. Piccini PROPERTY: 113 East Columbia Road, (East Pennsboro Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December B. 2010, at 10:00 a.m., in the Commissioners Hearing Room, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A r, c v+ o N a? o -n 3 ° O 3 N Sib m , 7 _n N 6 03 ?i y D 3 co m r. 5 , M . -o N N T ro { 3 3 m $1 ?? A qa 6 7 7 2N43 O -ft 4 0 m is m 3 40 w es a a w O• G go, ((P 1 ?? m ?-° o a l W d C?•2yi 3$= d l 7 d m .t ? N mm So q ?. C ro w y m (Nw? O ? . m G ? m N _ w $O c ?Q? 3 o _$o m w N ' W CD N NN 3 0 W O y us n c 3 000 Qn,o? g, m)- wZ03 m?4 ?,A =?a $, Z 10-0 0 -0 0 C) z A 3 ?N? s n u?i M. o S? m m cZ 0 0NWm(1) 0 ?, ' r*- Oln 3 00,?ottrmocpz m C) o or C=7?="apu'm? 3 o?N -? _w "a as y. n . a 60Tp0>-, m ?-iAr N m. r -i 00 ?z0 zo? y ??T Owo c313 Q Q „a f n m N O w ?, Q o A O ? U 0 i m QQfi 3-,42135192* #no t} 12010 ° z ? c $.a C ` m '? ?p N y N aSn G ? F" (p W V ? to - p 'O o. y a~ 0% S QCP N ?. 7 R m S Q 9vD N -n?1 O N ( N C? CD i 3 N m r ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff gir at Citmbrr? Jody S Smith ?4? ?h? + Chief Deputy Richard W Stewart `- Solicitor OM CE C'F I 'E VERIFF HSBC Mortgage Services, Inc. vs. Timothy A. Piccini Case Number 2010-2320 SHERIFF'S RETURN OF SERVICE 10/14/2010 06:06 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1806 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 Timothy A. Piccini, located at, 113 East Columbia Road, Enola, Cumberland County, Pennsylvania according to law. 10/14/2010 04:39 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1639 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: Timothy Piccini, by making known unto, Timothy Piccini, personally, at, 404 North 2nd Street, 2nd Floor, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $898.92 October 27, 2010 SO ANSWERS, 00 RON R ANDERSON, SHERIFF EXHIBIT B (C) CountySuite Shenff. Teleo_oft. Inc.