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Home My WebLink About10-3025UDREN 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 ,-SAM 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 pleadingo@udren.com ATTORNEY FOR PLAINTIFF HSBC Mortgage Services, Inc. =COURT OF COMMON PLEAS 636 Grand Regency Blvd :CIVIL DIVISION C N -- C-3 ? i i r Brandon, FL 33510 Plaintiff Cumberland County V. Marilyn E. Miles Wayne E. Miles NO. 10 `30a5 aivl[Term P. 0. Box 1394 Carlisle, PA 17015 De f endant (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 REFERRAL SERVICE Cumberland County Bar Association O 2 Liberty Avenue A p fr`f Carlisle, PA 17013?I'd.00 P 717-249-3166 7-79 800-990-9108 (?' aL4Ig0 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. Cumberland County Bar Association 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 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: 35 Waterloo Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Frankford Township COUNTY: Cumberland DATE EXECUTED: 6/28/06 DATE RECORDED: 7/17/06 BOOK: 1958 PAGE: 3698 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 3/18/10: Principal of debt due $153,283.13 Unpaid Interest at 7.99%s from 9/8/09 to 3/18/10 (the per diem interest accruing on this debt is $33.55 and that sum should be added each day after 3/18/10) 6,441.60 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $317.95 and that sum should be added on the first of each month after 3/18/10) 1,554.32 Late Charges (monthly late charge of $57.77 should be added in accordance with the terms of the note each month after 3/18/10) 228,85 Uncollected Late Charges 57.77 Attorneys Fees (anticipated and actual to 50 of principal) 7,664.16 TOTAL $169,834.83 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $169,834.83 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY./ Z L Attorneys for P a ntiff MARK J. UDREN, QUIRE 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 From- T-815 P.014/025 F-945 EXHIBIT "A" ALL THAT CERTAIN TRACTOF LAND SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SHOWN ON PLAN OF WILLIAM A. HALTEMAN, PREPARED BY LARRY V. NEiDLINGER, , D.E.R.S., DATED JUNE 21, 1993 AND APPROVED BY THE SUPERVISbRS OF SAID TOWNSHIP OF APRIL 5, 1004 AND BEING t2ECORDED IN CUMBERLAND COUNTY PLAN BOOK 68, PAGE 76. BEGINNING AT A POINT IN T-454 (RUM ROAD); THENCE SOUTH 46 DEGREES 23 MINUTES 45 SECONDS WEST, 167.06 FEET TO AN EXISTING POST; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST, 271.98 FEET TO AN IRON PIN; THENCE NORTH 12 DEGREES 18 MINUTES 14 SECONDS EAST, 376.69 FEET TO A POINT IN T-454; THENCE SOUTH 17 DEGREES 36 MINUTES 52 SECONDS EAST, 2.90 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AS 35 WATERLOO ROAD, CARLISLE, PA 17013 BEING ASSESSMENT PARCEL NUMBER:14-06-0027-001 AND ALL THAT CERTAIN TRACT OF LAND LOCATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POST IN LINE OF LANDS FORMERLY OF ISRAEL NICKEY, NOW OR FORMERLY OF WILLIE HALTEMAN, SOUTH SEVENTY-TWO (72) DEGREES WEST, TWENTY-FOUR (24) PERCHES TO A POSY; THENCE BY THE SAME, SOUTH FOURTEEN AND ONE -r HALF (14'/x) DEGREES EAST, FIVE (5) PERCHES TO A POST; THENCE BY SAME, NORTH SEVENTY-TWO (72) DEGREES EAST, TWENTY-FOUR (24) PERCHES TO A POST; THENCE BY LANDS FORMERLY OF DANNIE RAUDABAUGH, NORTH FOURTEEN AND ONE HALF (14 Y:) DEGREES WEST, FIVE (5) PERCHES TO THE Pi,2Q?CE* OF BEGINNING. ?n be recorc' ,..? ,n r- -? m rr. ?. ?:??,?? ? l?:iici County P,-% 50Qx 260 PAGE4282 Recorder of Deeds )412712010 1100 PM CUMBERLAND COUNTY instA 200367991 - P209 3 of March 24, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMFOWNF,RDS MORTGAGE. ASSISTANCE, PROGRAM (HF.MA4 may he ship to help to save your home. This Notice .mining how the program works- 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 fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 EXHIBIT A?--, HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF, F.T,IGIRT.F. FOR FINANCIAL ASSISTANCE. WHICH CAN SAVE. YOUR HOME, FROM FORECT.OSIJRF. AND HELP YOU MAKE FIJTIJRE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTD), 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. 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 MITST OCCUR WITHIN THE, NEXT 06) DAYS. IF YOU DO NOT APPLY FOR F.MF.RGF.NCY MORTGAGF. ASSISTANCE., YOI J MT JST BRING YOT JR MORTGAGF. I JP TO DATE- THE PART OF THIS NOTTCF. CALLED DHOW TO CURE. YOTJR MORTGAGF. D-FFAITT70, EXPLAINS HOW TO CONSITMF,R CREDIT COITNSF.I.TNG AGENCIES - 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. The names, addresses and tel=bone numbers of desia teal consumer credit counseling agencies for the County in which the pmp_erty 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) 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.) 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 Page 2 of 2 face- to-face meeting. 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.) NATITRE OF THE DF.FATILT -- The MORTGAGE debt held by the above lender on your property located at: 35 Waterloo Road Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $1473.39 for October 8, 2009 through December 8, 2009 = $4420.17 MonthlyPay..ments of ,5158939 for January 8, 2010 throu_gh_March 8 2010 =$4768.17._...._ Monthly_Late Charges of $57.77 for October 2009 through March 8,.2010..__=,.$346.62.... _...... _._.................. _. Other charges (explain/itemize): Other=$25.00 _.._Unpaid. Late Charg........_.... ---- TOTAL AMOUNT PAST DUE. ................... _....--........ _..................................... _....... _....... .... ----........................... _.................._.............................. $96].Z.73._.. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a=licahle): && HOW TO CURE THE. DEFAITIN -- 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 59617-73_ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa mients must he made either by ragh, cashier's check, certified check or money order mane payable and cent to, Udren Law Offices„ P.C. Wnndcrest Corporate Center 111 Wnndcrest Rnad, Spite 200 C-herr; Hill, NJ 09003-3620 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 applicable): NA Page 3 of 3 iF YOU DO NOT CURE THE. DEFAULT -- If you do not cure the default within THRTY (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 you?gagejpropmj:y, TF 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 you cure the default within the THiRTY _( lines period, you will not he required to pay a?tfnrney'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. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE, DEFAULT PRIOR TO SHERIFF'S SAi,F. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ym still have the right to pa-36ng the total amount hen past due, plus any late or other charges hen due, reasonable ttom y's fees and costs connected with the foreclosure tale and any other costs connecter) with the Sheriff's Sale as sneer ified in writing by the lender and by performing any other requirements under the mortggage. 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 SALF. DATE, - 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 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. Name of Lender/Servicer: HSBCConsumer Lending.._.................... ...._._____._.........................................._..........._...._....___._ ..- Address: 636 Grand Regency Blvd _Brandon FL._33510 .............__..._......._..._....................................... ........................._............. Phone Number: 1-800-365-6730 Fax Number: 1-813-571-8917 Contact Person: Loss _M tig_at on_Department ................. _......._..._...__. EFFECT OF SHERIFF'S SAi.E, - 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 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 MORTGAGF, - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE 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 CUMBERLAND County Report last updated: 10/1512007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Westem PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 0 8o . 116 ars 130 o ?? 13 O cJ ? 3 file or Priority Mail. g mail. ;ertified Mail. For F m to de proof of J ? N ",T%, h a Return Z ostage to cover the e > rl 75 ?ive a fee waiver for :ified Mail receipt is T 7 ? the addressee or : mailpiece with the > 2 ra C3 ae present the arti- w 2 ? ? C3 the Certified Mail O ¢ and mail. d K m c E ting atinquiry. ru ru m > .a Q S , 0 $s %? ? r` ay o C .00 L L N lC +' m z nj? -p E =0 N 1 (D M w ?J T) V N? L r T E m 7 3 Y L \ 7 >, 2 CO 7? Y) Ecrmo ` m ? Cg a w $ V V. Y? -1 C -0 ru m ----- ni ° ........?,. C3 O O t? W c U zva: 'K "rri rte- "'' O v _1\ ti V t? Y x Priority Mail. if. ied Mail. For rovide proof of attach a Retum ge to cover the ifee waiver for Mail receipt is addressee or ilpiece with the 'esent `he arti- Certitied Mail mail. an inquiry. I as }z° ?? ?? 0 ti CU o a Z m a ? w m m &0 cc a x m d m CL > a o E $m' C'S a? 2 C U '04,)-a COL mc??mm r 0 C, - fa m ? w ffi >C ? oEE=Y o ` wo C E d d Im 3 ..f[313 9 r%- r-1 M CO r-q r-3 O 0 a 0 rij CO ru a cc E m C[ U E V t « dr' ? Q i a- o C3 C3 O ? N R Se Z M ? E i° fK v d I' 0 iialse CI O -0 ru 0 fU O r O a w W ??.. E•' t-' ?To s V? ,& 3R c? " I `ZZ i\ 1 v ) V 0 V IV lop S 10 or Priority Mail® mail. artified Mail. For to provide proof of ind attach a Return ostage to cover the :ive a fee waiver for tified Mail receipt is the addressee or e mailpiece with the ise present the arti- t the Certified Mail and mail. eking an inquiry. 0 i I 7 3 a I? nl I D ru ru Q" C3 O r- z $ E E Z m y U N W a 2 E c U I E S a 0 N . 2 a lL T T 00 M LL CO n. If I 9 L L >aj''SeH 9?y -------------- 0 C m_ cl .. C3 0 L-j? %ft P _ cla - W ----- P 0 M a- LT= 0.4 ,U9? =? U O 3 w a Y' )r Priority Mails. 1. ied Mail. For rovide proof of attach a Retum ge to cover the a fee waiver for Mail receipt is addressee or ilpiece with the esent the arti- Certi"=d Mail mail. an inquiry. ?? 13 13 a Q O } Z } ? ? E3 ? p N -0 ci a Ed D m ? ? Z 'm -as CR .9 e w r d 13 ? a: X ao o M CL EmoE ,a t a ??•C-mm N?C -7 crO. O r (Q 00 0 :ft maC?mm (D =- : Y m O ., t ate' ?• co .C ?+ pEE C7?a u°,Q `0 ¦ ¦ ¦ IZZQ L i; M M1 I I a mI m r1 I r I a O O C3 E E O m ru CC) U ru iA it I O0 C3 C3 N 7 E 2 M LL N CO e wise" C3 0 N C3 O C3 r L-' v LLI E+ LU ? x ?O is 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. UDREN LAW OFFICES, P.C. Attorneys for aintiff 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 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 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 HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v• :Cumberland County Marilyn E. Miles Wayne E. Miles Defendant(s) NO. 10-3025 AMENDED MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT _.,. . a C ~=- ~ ~~I ~v ~: " -.ms v ~ ~ ~ ~~ J Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure upon Defendant(s), Marilyn E. Miles and Wayne E. Miles by regular mail and certified mail, and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at P. O. Box 1394 Carlisle, PA 17015. As service can not be attempted at such an address. Plaintiff conducted a Postal Search, the results thereof being attached hereto as Exhibit "A". 2. Process was unable to be served at 35 Waterloo Road, Carlisle, PA 17013, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit "B". 3. Said Postal Search was unable to determine an alternate address for said Defendant(s). 4. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit ~~ C ~~ , 5. Said investigation was unable to determine an alternate address for said Defendant(s). 6. The last known address of Defendant(s) is as set forth in the attached Exhibits. 7. A Judge has not ruled upon any other issue in this or case, and there is no other issue pending before a Judge. 8. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint in Mortgage Foreclosure upon said Defendant(s), Marilyn E. Miles and Wayne E. Miles by regular mail and certified mail, and by posting the mortgaged premises. UDRE O P.C. i BY•_ ttorne s f' Plaintiff MARK J. UDRE~J, ESQUIRE T WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE postmaster / ^~ ~~ ~C~tS'~ ~~ ~~ D t ~ ~ 1~ ~, a e LL L City, State, ZIP ..ode RQL3~ST FaR CHANG=- Or ADDR=SS DR BOXKOLC n iN=OrZMATION i~^~~ FDR S~nVIC~ O'= L;=GA!_ PROC~S5 i °!Qase famish the new address orthe name and street address (if a boxho{der} farthp faltavving:. ` Name: tY1C~C ~ ~ u r1 ~ M 1 le ~ C~- (~ ~( ~,t,~r1 •P. ~ - 1~'1 ~ ~C _ ~ ~ - ~a ~ Addr..ss: .. ~ Not°: The rams an last known address a~ reouired far ehang.. of address information. ThQ name, if !mown, and past ofrice-box addra..ss are regurred for boxhatder informaf~on. T-he foilawing inforrnafian is provided in accordance with 39 Gi=R 2n~.$(d}(4)(u): Thera is no fee for providing boxhalder 'rnformatian. Ths flee for providing change of address information is waived in accr3rdance with 39 CrF. 28~.8(d)('[) and carrasponding Adminisfrai7vve Support Nianuai 3~.4~a. i . CaFacity of r9auestar (e.g., prQ~..ss server, attamey, party reprasanting satE}: , aTTORl+l~Y i2. Statute ar reouiafion that empowers rrre to sews process (not required when ragas-s~rss an ~atf:omay or a party acting pro e. =x~pt a corporation acting pro se must cite statute): fi ~3. The names of atl known partial to the titigaiian: ~I1 ~ - ~~. c ` ~ ~ ,S 14. The•caurtin which the use has been ar wiii ~ heard: ! Am ~ _,,,,,~ ~~. 'The docket or other tdentifytng-nurnlaar.lf one has tin issued: ' 11 C ~ ~ '(1~ 6. The capacity in which this individual is th be served (e.g_, defendant orwrtness): D1 =^..Nl]ANT WARNING T!-IE 3UBM'wStON OF FALSc INFORMATION Ell'Hr"~i,1) TQ QB~AII'~l A~UwB CHANGE ~ Off' A!]DRi=sS tN'rORMAT1oN OR BoXHt]1..13r'?rt WPORMATiON FDR~ ~l~Y PUf4POSE OTf~a=r? THAN THI= S~RViCE C}F L~GAL.PRDC>:sS tN COHNcCTION W1TH ACTt.IAI.. OR l PROSPBC:1i1fE LlTtGAT[ON OR (2) TO AVOID PAYMrN'f OF T{-IE rB~ FOR CH~Wssc OF ~ . AL1DRi=SS N3FORMATIDN COULi} 3~SULT IN CRIAftINAL P~NIAL.TI~~INCLtiID[NC A FINi~ i ' dr UP TO S1t1,QOQ OR [MFRlSQNMiNT,~t3F.NOTMOR~~N 5 Y~...ARS~, OR BOTH {TfT .~ . 18 l1.S.C. S=CTlON '!~~'!). - 1 certify thetthe above inform n 'cs a an ai~tl'tg`"eddress tnfartnation 'ts needed and wilt be used solety tar ai proc~ in -c6niunction wifh actual or prospeciiva tiiigafinn. ~yc,~-a. s..Aw v ~~ t C.CS. ~ ?.:... ~uvcaaa~eRar coR.POtars '•srasdQ • . ~~~ u~evraQ~tt Rtra.b Su~~rr ~~ -- ~ ~Stgn - Addrt~ss ~ 4 ~ Iyrark .i. Udrsn. Bsouire ~see~ µ ~~, ~r-s ~srr~as -- . il/rin~d Name ~ City, Stagy, Z1P Code 3 FaR ~QST aFrics ties oNI_Y ~No ci;ange of addrrss order on n"Ee ~ r'~K . . P 1t~IbVed, left n0 fOrVlydrdrng' adnraSS. Q f N ~ dd ~ '~ 4 ~ m O str ] a ress. , • . N ~4 ~ ~ ' - 0 ' • t~I=w ADDr~ss o~ Box}-to~~ s lv~nr~,gnlo sT~.~ r pnal~ss ~~, ~ti b ~ _ ~A UDREN LAW OFFICES, P.C. MARK J. LTDREN, ESQUIRE - ID #04302 STIIART WINNEG, ESQIIIRE - 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(4udren.cam HSBC Martgage Services, Inc. Plaintiff v. Marilyn E. Miles Wayne E. Miles Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE N0. 10-3025 Civil Term VERIFICATION OF SERVICE Based upon information supplied by the Sheriff of Cumberland County, service of the Complaint in Mortgage Foreclosure upon the below listed Defendant(s) was unsuccessful in accordance with Pa.R.C.P. 402 or 3129.2: Defendant: Marilyn E. Miles and Wayne. E. Miles Place of Service: 35 Waterloo Road, Carlisle, PA 17013 Defendant not found because:_ Moved _ Unknown No Answer Vacant x Other The undersigned, understands that the statements herein set forth above are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 17, 2010 UDREN LAYJff ,~FFICES , P . C . BY: Att _ or ~aintiff MARK J. UD EN, ESQUIRE STUART INNEG, ESQUIRE LORRAIN DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE EXHIBIT B ~~~ a~ i ~5 i~ ~~~~c'~~ Sates Kr~ekc.~sf~rF g duly sir~or+~ ai~~ ~ fir, ~~ Sys: 't. # ~m~loyed to ~ai~ €~'~~trt 5peci~#ist:is~' t'~y~t~ ~at~n~ ~~'. 2. z4~ ~ ~ f ~ ~~ ~~~ t~ Vie- ~ tears}. ~e its c~ my ~~ ~: CR~t~T t~1~t~RlTt~ tai +~ ue~ va~r~y ~~ ~~~ ui mss. titcxx~- ~~~ the Est ter l~~rit ~ ~ P€~ '~~# G~, ~~ ~~ ~'ft~'i'B ttT'i~ '~fl £~ ,'" f1~1~~ ~! C1~'i 8L'!~{ ~~ ~~ an~~ ~i~`,. ~x ~ art, €~~. ~7~31~. •~.~ '~ ~~, ~~~ ~r~~~~ ~~~rT c ~+ i V~~~~~ ~ LJRYiY `eL~'~G. ray:. ., ~~~~ '~. ~s t~f tom! . 20'~~, Via! ~' ~~~ic~et has ~~ 't ~ ~ ate fay 1r ~ dilCx` ~.,~ u ~ r~ ~er~s~~ 'o~fi~ed. ~. PtJBIL- ~.~€~ ~ {P1L±", Rol,.. ~-ST" iC.~: ~~ #o a. li~ficl~ ~ tt~r ~ora~ ~ its At O~TIr {3F RII~"#: ~~ ~ ~~" ;r Kr~iuib M. ~ctr~: ~la~ss~y' St.Luu~ ~xue~ty, fiats of ~ la~h~•~ art 9d21~t~ ~~~ ~~ 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. ARREMA, ESQUIRE - ID #203437 ADAM L. RAYES, 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 HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION €Cumberland County v. Marilyn E. Miles Wayne E. Miles €NO. 10-3025 Defendant (s ) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. A Postal Search was conducted to discover the whereabouts of the Defendant(s) as evidenced by the attached copy of the Postal Search marked Exhibit "A". As set forth in the Return of Service marked Exhibit "B", the Sheriff and/or Process Server has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "C". WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint in Mortgage Foreclosure upon Defendant(s) by regular mail and certified mail, and by posting the mortgaged premises. ICES, P.C. BYE'' Att ieys for Plaintiff MAR J. UDREN, ESQUIRE STU T WINNEG, ESQUIRE LOR INE DOYLE, ESQUIRE A M. MINATO, ESQUIRE C RA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL-ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Date: September 8, 2010 FILES, P.C. Atto for Plaintiff MAR J. REN, ESQUIRE ART NNEG, ESQUIRE LORRAI OYLE, ESQUIRE ALAN M NATO, ESQUIRE CHAND M. ARKEMA, ESQUIRE ADAM L KAYES, ESQUIRE MARGUERITE L. THOMAS, 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 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 HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff €CIVIL DIVISION v• :'Cumberland County Marilyn E. Miles Wayne E. Miles Defendant(s) NO. 10-3025 CERTIFICATE OF SERVICE I, hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Date Served: September 8, 2010 TO: Marilyn E. Miles Wayne E. Miles P. O. Box 1394 Carlisle, PA 17015 Marilyn E. Miles Wayne E. Miles 35 Waterloo Road Carlisle, PA 17013 ICES, P.C. Atto'~ eJy for Plaintiff MARK REN, ESQUIRE STU W EG, ESQUIRE LO I DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE SEP 1 0 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION HSBC Mortgage Services, Inc. Plaintiff V. NO. 10-3025 Marilyn E. Miles Wayne E. Miles Defendant(s) O R D E R th AND NOW, this 13 day of 6gtt'M zL'r 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Marilyn E. Miles and Wayne E. Miles, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Marilyn E. Miles and Wayne E. Miles at P. O. Box 1394 Carlisle, PA 17015 and by posting the mortgaged premises located at 35 Waterloo Road(Lower Frankford Township) Carlisle, PA 17013. BY THE COURT: J. ?y 4?l3 ?r0 -ZYYI U,7 ? J J.. ' w M C- 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 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 FOR PLAINTIFF HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Marilyn E. Miles Wayne E. Miles -NO. 10-3025 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: 73 tit CD M cn ? 0 An X o Y'.4 r..:1 C.n J z? 0 cJ, C3 V C)-r; Zc-) Kindly reinstate the Complaint on the above-captioned matter. DATE: September 16, 2010 UDREN-`-`LAW OFFICES, P.C. BY: Attorneys :)V Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE d- ck ? ? 6? avo 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 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 HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION ::Cumberland County V. Marilyn E. Miles Wayne E. Miles =NO. 10-3025 Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER 3 -q 7 rn rT1 -V r -a r-- ? m -73 CDP C7 CD 3:- ..7- -q c:3-n The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Complaint in Mortgage Foreclosure to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant (s) as follows: DATE MAILED: Q-Q9 -/6 Marilyn E. Miles Wayne E. Miles P. 0. Box 1394 Carlisle, PA 17015 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: -t -(x`•(-lo BY: FFICES, P.C. 4M Plaintiff ESQUIRE ESQUIRE , ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 0 Op j :13 rn ? z 13 o0 33 ?o C - --1 ?y C7 b m cS 70 ? i'r1 C7 Zi rn -.3 Q -rr ru ° (? Q E E 1 a i? y 5, Z ? ? D C7 m 00 oam- u CA) m VD O ?.? rV ? ? O w Cl ru ( O 0 ?•.s?. l(. j j O ?¦ C W ' '?? X 2 9? ? ?S co 3CP i `V {VI ^ 1 C?l 1 C \ G-) M n m CD 0 ?2 ? ± } ZD ^y L Y/ ? w m a 'omt-) z n t 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 FOR PLAINTIFF HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION €Cumberland County V. Marilyn E. Miles Wayne E. Miles -NO. 10-3025 Defendant (s ) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: ~-- ;y -~ ..~. r~`~:,_ -~. ~' '. e-~-.~ :. .~ ti , _, ~, _-. ~~ ~; .+ --a :a~ _.~ c~ -a ~~ r- -ra ~~:a ~ .- w "P'3 -~ ~ r-n ~~ .: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: October 25, 2010 UDREN LAW OFFICES, P.C. BY : __-~ Atto Plaintiff MARK J. UDREN, E ~ IRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE .. ~ V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date : ~ J z >0 a..~-~ Name : /~,. ~'~, Q ~ Y, Title : ~.~ Company: HSBC Mortgage Services, Inc. Marilyn E. Miles Wayne E. Miles Loan #0015138456 MJU #10030658-1 {Cumberland County, Pennsylvania) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARKEMA, ESQIIIRE - ID #20 3437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS 636 Grand Regency Blvd :CIVIL DIVISION Brandon, FL 33510 :Cumberland County ~- Plaintiff ~, E MORTGAGE FORECLOSURE ~'~ ""' '"~ Marilyn E. Miles NO. 10-3025 _.~ --s>~.~,.g Wayne E . Mile s :} {°° ~»,~ ='~f ~ ~ P . O . Box 13 94 ~~` `'" Carlisle, PA 17015 ~ ~' "~ Defendant (s ) ~ c- ~e~ ~ " = c a PRAECIPE FOR JUDGMENT FOR FAILURE TO ~°- ~. '~ ANSWER AND ASSESSMENT OF DAMAGES ~ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and Defendant(s) Marilyn E. Miles and Wayne E. Miles for failur Answer to Plaintiff's Complaint within 20 days from service for foreclosure and sale of the mortgaged premises, Plaintiff's damages as follows: As set forth in Complaint $169,834.83 Interest Per Complaint 7,347.45 From 03/19/2010 to 10/23/2010 Late charges per Complaint 404.39 From 03/19/2010 to 10/23/2010 Escrow payment per Complaint 2,225.65 From 03/19/2010 to 10/23/2010 TOTAL X179,812.32 against the e to file an thereof and and assess 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. UDR .C. ~. Attorne s f MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE $~~,DO PA Any LORRAINE DOYLE, ESQUIRE .,,~ ~~8l~ '- ALAN M. MINATO, ESQUIRE 4 CHANDRA M . ARKEMA, ESQUIRE ~#o2.5D3y3 DAMAGES ARE HEREBY ASSESSED AS INDI ~p-{~o~ MQ.i(~ DATE : /0/d7~10 PR OTHY UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. LTDRSN, SSQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRB - ID #34575 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARICEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. RAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROADr SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiags@udrea.com HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS 636 Grand Regency Blvd ;CIVIL DIVISION Brandon, FL 33510 Plaintiff :Cumberland County v. l._ '''= r~ ~ - •_J ~~ ~~ ~ •,-, _ r. .7 ••~ ~~ ~' ~` , - _ _ ... .~, -;; ,~. - - . - `_ .~.. ~~ ~` ,,: ~z.~ •-~: Marilyn E. Miles _.. Wayne E . Miles ~ NO. ld - 3Q~ IV1 ~ ti ~ P.. O. Box 1394 Carlisle, PA 17015 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 rer1uested 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, TBIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17D13 7I7-249-3166 800-990-9108 ~~~3~ ~~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~,~~ ~t ~eE~brr,~ Jody S Smith ~® ~ :~,. Chief Deputy ,'~ ~ ~~ "~; ~ Richard W Stewart °~n Solicitor r~~ o~ rte. s;~:R~PB HSBC Mortgage Services, inc. Case Number vs. 2010-3025 Wayne E. Miles (et al.) SHERIFF'S RETURN OF SERVICE 09/21/2010 08:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 2045 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wayne E. Miles, pursuant to order of court by posting the premises located at 35 Waterloo Road, Carlisle, Cumberland County, Penns nia 013 with a true and correct copy according to law. MARK CONKUN, DEPUTY 09/21/2010 08:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 2045 hours, he served a true copy of the wi#hin Complaint in Mortgage Foreclosure, upon the within named defendant, to wit; Marilyn E. Miles, pursuant to order of court by posting the premises located at 35 Waterloo Road, Carlisle, Cumberland C nty, Penn lvani 013 with a true and correct copy according to law. MARK CONK~IN, DEPUTY SHERIFF COST: $61.40 SO ANSWERS, September 23, 2010 RON R ANDERSON, SHERIFF ;ci Gounh, Sure ShP.rNf. Tzieosot~. 1r.:. ^ J' ~ ~J 'ODRBN LAW OFFICES, P.C. MARR J. UDREN, ESQIIIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #4536.2 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, $SQQIRT - ID #75860 CHADtDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L'. RAYBS, SSQIIIRS - ID #86408 MARGUERITE L. T80MA5, ESQU'I~RB - ID #204460 WOODCREST CORPORATE CENTER 117. WOODCREST ROAD, S~3IT8 200 CHERRY HILL, NJ 08003 856-669-5400 .rF~ nn~nccQ_rt HSBC Mortgage Services Inc. Plaintiff v. Marilyn E..Miles Wayne E. M~.les .Defendant (s ) TO: Wayne E. Miles 35 Waterloo Road Carlisle, PA 17013 Date of Notice: October 12, 2010 IMPORTANT NOTICE. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County N0. 10-3025 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 YOfTR 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, THI5 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 P,.EFERRAL SERVICE Cumberland County Bar Association 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 UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER $IENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEti`IAR ESTA NOTIFICACION A LJN ABOGADO IMMEDIATAMEI`TTE SI USTED NO TIENE ABOGADO O ST NO TIENE DTNERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAM~ POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PL`7EDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 80D-99D-9108 NOTICE: PURSIIANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THI5 LAW FIRM IS DSSMED TO 8E A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE IISED FOR THAT PUiLPOSE. STUART WINNEG ES U1KP; LORRAINE DOYLEY, ES UIRE ALRN M. MINATO, ESQUIRE CHANDRA N1. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Centex 111 Woodcrest lZoad, Sufte 200 Cherry kill, New Jersey 08003-3620 IIDREN LAW OFFICES, P.C. MARK J. IIDREN, ~ESQIIIRS - ID #04302 STD'ART WINNEG, ESQUIRE - ID #45362 LORRAIN$ DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQIIIRL - ID #75660 CHANDRA M. ARICEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 WOODCREST CORPORATE CENTER ].11 WOODCREST ROAD, SIIITE 200 CHERRY $ILL, NJ 08003 856-669-5400 #'~ ~~30658-'I HSBC Mortgage Services Inc. Plaintiff v. Marilyn E..Miles Wayne E. Miles Defendant(s) TO: Marilyn E. Miles 35 Waterloo Road Carlisle, PA 17013 Date of Notice: October 12, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10.-3025 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADD DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10} DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCH~R PREUBA ALGUNA DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO~, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAP. DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PP. 17013 717-249-3166 800-990-9108 NOTICE: PURSIIANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DBEMI~D TO 88 A DEBT COLLECTOR AND THIS IS AN ATTEbIPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Yv+. a~u STUART WINNEG~ ESQUIRE LORRAINE DOYL~, ESQUIRE ALAN M. MINATO ESQUIRE CHANDRA M. ARKENfA~SEQUQRUEIRE ADAM L. KAYES, MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Load, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, BSQUIRE - ID #04302 STUART WINNEG, BSQUIRE - ID #45362 LOR.R.AINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 HSBC Mortgage Services, Inc. 636 Grand Regency Blvd Brandon, FL 33510 Plaintiff v. Marilyn E. Miles Wayne E. Miles P. O. Box 1394 Carlisle, PA 17015 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF COUNTY OF 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 abave Defendant(s) are not in the Military ar Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows; Defendant: Marilyn E. Miles Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Wayne E. Miles Age: Over 18 Residence: As captianed above ~Q Employment: Unknown - IV/ G~~-~--~ ame : YYla,1c~~ 1f •,,e Title: P Sworn to and subscribed Company: HS~C Mortgage Services, Inc. before me this 13 day o f r.(,~~j2 0~ . ~'o ary ~u is .-'____~~Y~ ,~;~Ycu,~: -. ~* raaw+~ a~a~taYo -s~,,~u~.w Mda)~,.~~2Uw 4onA5r ~~qru NOidly PODiiC UOQ~NtlIBfb 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 Marilyn E. Miles €NO. 10-3025 Wayne E. Miles Defendant(s) TO: Marilyn E. Miles 35 Waterloo Road Carlisle, PA 17013 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 Prothonotary t /D/ 7~/0 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. 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. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Mortgage Services, Inc. €COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. €Cumberland County MORTGAGE FORECLOSURE ,., ~„ c~ ~ Marilyn E. Miles NO. 10-3025 =~ ~ -"' Wayne E. Miles ~`~ ' ~~ Defendant (s ) s~;- ~~ ~ PRAECIPE FOR WRIT OF EXECUTION •~°-~` ; ="~ .GI4 , ~ ii ~~. ~ r.a ~ ..w. ~ TO THE PROTHONOTARY : ~. ~ ~? ~ ~ A Please issue Writ of Execution in the above matter: `"'~ ~~' ~' Amount due $179,812.32 Interest From 10/24/2010 4,361.50 to Date of Sale March 2, 2011 Ongoing Per Diem of 33.55 to actual date of sale including if sale is held at a later date (Costs to be added) $a~.oo P~ prry sq.4o CBF lol • ~o ~~ qa. oo ~p.oo " ~¢. oo a1.50 '~ ac.3.~o - Pp prr/ UDRE , --- ~ At tor-ii~ps ~ ~f-c~r__P_laint i f f MARK J. UDREN, E4~Q~3RE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~a.oo Qc>eCo •so w e~ I(c3(o91 R,~' o~,5n3~13 1zE ~~i1- 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 FOR PLAINTIFF HSBC Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County MORTGAGE FORECLOSURE nor _,.,. r~ r Marilyn E. Miles NO. 10-3025 ~~= Wayne E. Miles -~:`. ~--- .. Defendant (s) ~~' ,~;~ ~ a CERTIFICATE TO THE SHERIFF ~= ~_ I HEREBY CERTIFY THAT: ~'`' _~, 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 c~ -~~ ~ `_ :,~~ -~ `_,' -~; ~ ;-,-; ~, ."~ ~ .f ~~ _ .ice cry ~ 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: A. An individual X 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 _L ~":-^_ ~Tr~`~- p . C . BY: Attorneys ~"~~~ff MARK J. UDREN, ESQUIRE 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 20 0 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com HSBC Mortgage Services, Inc . :COURT OF COMMON PLEAS µ. , , ~ - Plaintiff CIVIL DIVISION ~ - ~ ~ = ~ t ._, v . Cumberland County ``~' ~ ~ ~'-'~'~ H~ t ~; ~~ € MORTGAGE FORECLOSURE ~`~' ~a " `" _'-b Marilyn E. Miles NO. 10-3025 "`-~ ~ ` --`' ~c`7 °~ Wayne E. Miles - ~ ~--- ~ ~ ~ ~„ Defendant (s ) ~, ~ ~. C E R T I F I C A T E 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. U/D'RE~N~ LAW nFFTCF'~,,,~ p , C . Atto`rney~~fa~--Pl.~.int i f f MARK J. UDREN,--Rr'sQi7'IRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ., ou Y : , ,,,,,a -a MORTGAGE FORECLOSURE ~~.~ ~ Maril n E. Miles NO. 10-3025 ~:~. -_ ~~ t Wayne E. Miles "r~="~' ~ `~° ' Defendant (s) ~;~ -~ ~ ;~ ~ ~ ~ AFFIDAVIT PURSUANT TO RULE 3129.1 ~ ~- ~ ~ ;~ ~:` ~,, ~? ~ HSBC Mortgage Services, Inc., Plaintiff in the above action, by ~ its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the fol lowing information concerning the real property located at: 35 Waterloo Road(Lower Frankford Township)Carlisle, PA 17013 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 C nt ~ 1. Name and address of Owner(s) or reputed Owner(s): Name Address Marilyn E. Miles Wayne E. Miles 35 Waterloo Road Carlisle, PA 17013 35 Waterloo Road Carlisle, PA 17015 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 International Portfolio, 7465 NW 49"' Street Inc. Lauderhille, FL 33319 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 4'~ Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 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 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 35 Waterloo Road (Lower Frankford Township) 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. sec. 4904 relating to unsworn falsification to authorities. DATED: October 25, 2010 UDREN LAW OFFICES, P.C. BY : ~ ~'~ Attorneys ~r PTa-3Titiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 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 pleadingsC~udren.com FOR PLAINTIFF HSBC Mortgage Services, Inc. €COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. €Cumberland County =MORTGAGE FORECLOSURE Marilyn E. Miles €N0. 10-3025 Wayne E. Miles Defendant (s ) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marilyn E. Miles 35 Waterloo Road Carlisle, PA 17013 ~- ~;; ~ "-c~ 0 ~, ~ ~ trr ~ -~'. ~ ~ Your house (real estate) at 35 Waterloo Road(Lower Frankford Township)Carlisle, PA 17D13 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $179,812.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: _856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER . RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,. PA 17013 717-249-3166 800-990-9108 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 Marilyn E. Miles €NO. 10-3025 Wayne E. Miles Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marilyn E. Miles 35 Waterloo Road Carlisle, PA 17013 Your house (real estate) at 35 Waterloo Road(Lower Frankford Township)Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $179,812.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SHOWN ON PLAN OF WILLIAM A. HALTEMAN, PREPARED BY LARRY V. NEIDLINGER, D.E.R.S., DATED JUNE 21, 1993AND APPROVED BY THE SUPERVISORS OF SAID TOWNSHIP OF APRIL 5, 1994 AND BEING RECORDED IN CUMBERLAND COUNTY PLAN BOOK 68, PAGE 76. BEGINNING AT A POINT IN T-454 (RUM ROAD); THENCE SOUTH 46 DEGREES 23MINUTES 45 SECONDS WEST, 167.06 FEET TO AN EXISTING POST; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST, 271.98 FEET TO AN IRON PIN; THENCE NORTH 12 DEGREES 18 MINUTES 14 SECONDS EAST, 376.69 FEET TO A POINT IN T-454; THENCE SOUTH 17 DEGREES 36 MINUTES 52 SECONDS EAST, 2.90 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AS 35 WATERLOO ROAD, CARLISLE, PA 17013 BEING ASSESSMENT PARCEL NUMBER: 14-06-0027-001 ALL THAT CERTAIN TRACT OF LAND LOCATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POST IN LINE OF LANDS FORMERLY OF ISRAEL NICKEY, NOW OR FORMERLY OF WILLIE HALTEMAN, SOUTH SEVENTY-TWO (72) DEGREES WEST, TWENTY FOUR(24) PERCHES TO A POST; THENCE BY THE SAME, SOUTH FOURTEEN AND ONE - HALF(14 ~ ) DEGREES EAST, FIVE (5) PERCHES TO A POST; THENCE BY SAME, NORTH SEVENTYTWO(72) DEGREES EAST, TWENTY-FOUR (24) PERCHES TO A POST; THENCE BY LANDS FORMERLY OF DANNIE RAUDABAUGH, NORTH FOURTEEN AND ONE HALF (14 ~ ) DEGREES WEST, FIVE (5) PERCHES TO THE PLACE OF BEGINNING. BEING KNOWN AS: 35 Waterloo Road (Lower Frankford Township) Carlisle, PA 17013 PROPERTY ID NO.: 14-06-0027-001 TITLE TO SAID PREMISES IS VESTED IN MARILYN E. MILES AND WAYNE E. MILES, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES AND NOT AS TENANTS IN COMMON BY DEED FROM MARILYN E. MILES, MARRIED WOMAN, FORMERLY KNOWN AS MERILYN E. KRYSHER, SINGLE PERSON DATED 12/16/2003 RECORDED 12/17/2003 IN DEED BOOK 260 PAGE 4280. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3025 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 MARILYN E. MILES and WAYNE E. MILES (1) You are directed to lery 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 $179,812.32 L.L. $.50 Interest from 10/24/10 to 3/2/10 @ ($33.55 per diem) -- $4,361.50 Atty's Comm % Due Prothy $2.00 Atty Paid $263.30 Other Costs Plaintiff Paid Date: 10/27/10 David D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Deputy Supreme Court ID No. 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 z7 0 ?` HSBC Mortgage Services, Inc. ` COURT OF COMMON PL 1.. 636 Grand Regency Blvd :CIVIL DIVISION Brandon, FL 33510 ECumberland County r N Plaintiff w y,, .,,CC7 -t7 V ; o . Zo l, Marilyn E. Miles c Wayne E. Miles ENO. 10-3025 CO P. O. Box 1394 Carlisle, PA 17015 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 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 specified 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 attached 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: Id -7I(c,I- UDREN LAW OFFICES, P.C. Atter-neys for Flai-nt ff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Mortgage Services, Inc. Plaintiff V. Marilyn E. Miles Wayne E. Miles Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-3025 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Marilyn E. Miles Wayne E. Miles PROPERTY: 35 Waterloo Road (Lower Frankford Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 2. 2011, at 10:OOAM, at the Commissioners Hearing Room, 2nd Floor, 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 vCO ?M. :3 CD mm CD CD (n C/) O O W O 0) Cn Cb n c a- CD CL cn 0 w OD V -n CD Cr c v O 3 C 0 O a Q t" V 3 O W m 'v o H? V7 ? W N cO OD -l 0) cn A W N r Z ? R CD >Q CL aN arc 33 ay X v ZD c CD n a? O ( 35 fD N ? N D (D N (4 - 0 0 ° wo Om m o cD ?m K a) wm v ?5 ?cwi,m o 0a)o M OCO d CD 0 R ?Zc(D cn°cm CD (D °G)n mu'3 z sa-> in w 0 m3 • ? 3 m 000 O Z < cD =a a) ?5- m Zy o m o° x o ' ° o R Zm ;CO < D - -Z -n CD --j = Q x D c O Q NC ° a = M n mom m Q ? D° ;a o Dy m c0 -na? 7c _ m ?3 " DO) oo, _ .OZ n mnZ 00 V? ?ICDN w ? ? . 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(D Cl) T a ? • ?, Sd vicaan S y m 91 =?d 2d as ' s 0 0?m3?,d mn3=oo' ( mn ? 170 ?CD= ?(02.°1o o n, ad t , (D `p yn > mm o80<? 0 rT o dP?E ? m 0, o n'o m =co m3AOO ?; 3 _. - °8 dy ?.yn - ;O 'O 70 m d o 0 0' nFni a c 3 N ??• c W CD . t . fll j mv,, c?C.m N C N z O IOD tnm vm?: Na <n> v y > N O O 0`°m'=c3 ma mmam C c fD N CD d ?m.??n ? 030> ma.o;3 ( 1 00) CD . 3 02 3 ?n . m052.ao n i x,.01 x (D 3 d OOQ 0 9 v o.OC- f?D y O'O O C ° 3m 3 (DID 0' .Q3^ -. • O yd N .'?mvm?m o?y0on CD (D ZU , ?_ OEM W y m 3 =00 L nm'^cci d • C -n (n Q fD On ._ , N = n?jy ?m mp n 'm = n m3m3 m T (A N 0 'OC Od4i ? aw, w mo-??3 y py/ ft ? .Z1 3.d; a d3p ?N y F p N ? o v w ? y T mm c °•01omo N UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 636 Grand Regency Blvd :CIVIL DIVISION Brandon, FL 33510 ':Cumberland County Plaintiff V. Marilyn E. Miles Wayne E. Miles :NO. 10-3025 P. 0. Box 1394 Carlisle, PA 17015 Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: 02/10/2011 Marilyn E. Miles Wayne E. Miles P. 0. Box 1394 Carlisle, PA 17015 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: -2 VDRE1U-"LAAW--6F'F P. C. BY: t At z;-. f4 r y_-a. i nt i f f Alain M. Minato, Esquire PA ID 75860 EXHIBIT B SEP , 0 ZuIU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION HSBC Mortgage Services, Inc. Plaintiff V. NO. 10-3025 ??- ?-- ?, Marilyn E. Mil es Wayne E. Miles Defendant(s) O R D E R AND NOW, this 1-144*- day of SIF-?' E? rnt , 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all. subsequent pleadings on Defendant(s), Marilyn E. Miles and Wayne E. Miles, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Marilyn E. Miles and Wayne E. Miles at P. 0. Box 1394 Carlisle, PA 17015 and by posting the mortgaged premises located at 35 Waterloo Road(Lower Frankford Township) Carlisle, PA 17013. 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Miles (et al.) 2010-3025 SHERIFF'S RETURN OF SERVICE 01110/2011 06:45 PM - Deputy Stephen Bender, being duly swom according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 35 Waterloo Road, Carlisle, PA 17013, Cumberland County. 01/11/2011 Stephen Bender, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Marilyn E. Miles, pursuant to Order of Court by "Posting" the premises located at 35 Waterloo Road, Carlisle, Cumberland County with a true and correct copy according to law. 01/11/2011 Stephen Bender, Deputy Sheriff, being duly swom according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Wayne E Miles, pursuant to Order of Court by "Posting" the premises located at 35 Waterloo Road, Carlisle, Cumberland County with a true and correct copy according to law. SHERIFF COST: $908.94 January 19, 2011 SO ANSWERS, ?----- l YZ , RONR ANDERSON, SHERIFF Ci CNhT SURE S^En!f, -F,18^.?im. Er-. C???CXc Sic - 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson P-„ Sheriff ?,•- t ;'-? ?' FF??`^ TA '' Jody S Smith'` Chief Deputy Ph 4:20 Richard W Stewart Solicitor t,UUNI-y 11 ? HSBC Mortgage Services, Inc. vs. Case Number Wayne E. Miles (et aL) 2010-3025 SHERIFF'S RETURN OF SERVICE 01/10/2011 06:45 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 35 Waterloo Road, Carlisle, PA 17013, Cumberland County. 01/11/2011 Stephen Bender, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Marilyn E. Miles, pursuant to Order of Court by "Posting" the premises located at 35 Waterloo Road, Carlisle, Cumberland County with a true and correct copy according to law. 01/11/2011 Stephen Bender, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Wayne E Miles, pursuant to Order of Court by "Posting" the premises located at 35 Waterloo Road, Carlisle, Cumberland County with a true and correct copy according to law. 02/11/2011 As directed by Alan M Minato, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/1/2011 SHERIFF COST: $1,099.18 SO ANSWERS, July 07, 2011 RON R ANDERSON, SHERIFF --- _ ---, T , , P. J. :D;R.lilf, ::!;.QUIRE - ID #04302 • .'C? ";,:?.T ti+r]:NN];?:7, ]];SQUIRE - ID #45362 -011.I?k.INI],' Dom''::,E ESQUIRE - ID #34576 M. MIN!'-O, ESQUIRE - ID #75860 CHJU,O)RA M. i"RKEMA., ESQUIRE - ID #203437 IaOC?I???'RES'' CORPORATE CENTER :11::_ WOODCREf:'." ROAD, SUITE 200 CH]3,R]2Y HILL, NJ 08003-3620 8'56' +a6y-:401 pl(-2a(iing:;@udren.com HSEC Mortgage Services, Inc Plaintiff v. Marilyn E. Miles Wayne E. Miles Defendant (s) ATTORNEY 70.7. 7L;iINTIFF 'COURT OF COMMON PLEAS =CIVIL DIVISION 'Cumberland County MORTGAGE FORECLOSURE NO. 10-3025 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: 35 Waterloo Road(Lower Frankford Township)Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Marilyn E. Miles 35 Waterloo Road Carlisle, PA 17013 Wayne E. Miles 35 Waterloo Road Carlisle, PA 17015 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 International Portfolio, 7465 NW 49-' Street Inc. Lauderhille, FL 33319 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 y Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 t 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 -he sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, PO Box 281230 Department of Revenue Harrisburg, PA 17128-1230 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 35 Waterloo Road (Lower Frankford Township) Carlisle, PA 17013 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: October 25, 2010 every other person of whom the plaintiff any interest in the property which may be UDREN LAW OFFICES, P.C. - ---------------- BY: Attorneys or 1?Zazntiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE n-77:C - P.C. ?r ... J. 'D;RI?Y, :;SQUIRE - ID #04302 "El 7,`?T Iq 171 I1';,, 'SQUIRE - ID #45362 ESQUIRE - ID #34576 M. i1'iI:!3?'1TO, ESQUIRE - ID #75860 -HAr17DRA 3q. ?'RKEMA, ESQUIRE - ID #203437 tagGDCRES'T CORPORATE CENTER 11. %'OODCREST ROAD, SUITE 200 CHERRY HILL NJ 08003-3620 336-669-5400 pleadings@udren.com H;=E(' Ma=-"tg-ge Services, Inc Plaintiff v. Mar-lyn E. Miles Wayne E. Miles Defendant(s) ti'."TORDTEY FOI= ?:,;'L-NTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE NO. 10-3025 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: 35 Waterloo Road(Lower Frankford Township)Carlisle, PA 17013 1. Name and address of Owner(s) or reputed owner(s): Name Address Marilyn E. Miles 35 Waterloo Road Carlisle, PA 17013 Wayne E. Miles 35 Waterloo Road Carlisle, PA 17015 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 International Portfolic, 7465 NW 49t" Street Inc. Lauderhille, FL 33319 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 Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 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. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, PO Box 281230 Department of Revenue Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 35 Waterloo Road (Lower Frankford Township) 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. sec. 4904 relating to unsworn falsification to authorities. DATED: October 25, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys or riZaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE .ALL THAT CERTAIN TRACT OF LAND SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SHOWN ON PLAN OF WILLIAM A. HALTEMAN, PREPARED BY LARRY V. NEIDLINGER, D.E.R.S., DATED JUNE 21, 1993AND APPROVED BY THE SUPERVISORS OF SAID TOWNSHIP OF APRIL 5, 1994 AND BEING RECORDED IN CUMBERLAND COUNTY PLAN BOOK 68, PAGE 76. BEGINNING AT A POINT IN T-454 (RUM ROAD); THENCE SOUTH 46 DEGREES 23MINUTES 45 SECONDS WEST, 167.06 FEET TO AN EXISTING POST; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST, 271.98 FEET 'TO AN IRON PIN; THENCE NORTH 12 DEGREES 18 MINUTES 14 SECONDS EAST, 376.69 FEET TO A POINT IN T-454; THENCE SOUTH 17 DEGREES 36 MINUTES 52 SECONDS EAST, 2.90 FEET TO A POINT, THE PLACE OF BEGINNING. :BEING KNOWN AS 35 WATERLOO ROAD, CARLISLE, PA 17013 :BEING ASSESSMENT PARCEL NUMBER: 14-06-0027-001 ALL THAT CERTAIN TRACT OF LAND LOCATED IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND :DESCRIBED AS FOLLOWS: BEGINNING AT A POST IN LINE OF LANDS FORMERLY OF ISRAEL NICKEY, NOW OR FORMERLY OF WILLIE HALTEMAN, SOUTH SEVENTY-TWO (72) DEGREES WEST, TWENTY FOUR(24) PERCHES TO A POST; THENCE BY THE SAME, SOUTH FOURTEEN AND ONE - HALF(14 ) DEGREES EAST, FIVE (5) PERCHES TO A POST; THENCE BY SAME, NORTH SEVENTYTWO(72) DEGREES EAST, TWENTY-FOUR (24) PERCHES TO A POST; THENCE BY LANDS FORMERLY OF DANNIE RAUDABAUGH, NORTH FOURTEEN AND ONE HALF (14 ) DEGREES WEST, FIVE (5) PERCHES TO THE ?LACE OF BEGINNING. BEING KNOWN AS: 35 Waterloo Road (Lower Frankford Township) Carlisle, PA 17013 PROPERTY ID NO.: 14-06-0027-001 TITLE TO SAID PREMISES IS VESTED IN MARILYN E. MILES AND WAYNE E. MILES, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES AND NOT AS TENANTS IN COMMON BY DEED FROM MARILYN E. MILES, MARRIED WOMAN, FORMERLY KNOWN AS MERILYN E. KRYSHER, SINGLE PERSON DATED 1.2/16/2003 RECORDED 12/17/2003 IN DEED BOOK 260 PAGE 4280. SEA' 0 Zulu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION HSBC Mortgage Services, Inc. Plaintiff V. NO. 10-3025 .` Marilyn E. Miles Wayne E. Miles Defendant(s) O R D E R AND NOW, this 13'' day of '(.'i h'1 b , 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Marilyn E. Miles and Wayne E. Miles, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Marilyn E. Miles and Wayne E. Miles at P. 0. Box 1394 Carlisle, PA 17015 and by posting the mortgaged premises located at 35 Waterloo Road(Lower Frankford Township) Carlisle, PA 17013. BY THE COURT: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3025 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 MARILYN E. MILES and WAYNE E. MILES (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 paving 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 $179,812.32 L.L.$.50 Interest from 10/24/10 to 3/2/10 @, ($33.55 per diem) -- 54,361.50 Attv's Comm % Due Prothy $2.00 Artv Paid 5263.30 Other Costs Plainti f1' Paid Date: 10/27/10 David D. (Seal) r REQUESTING PARTY: By: Buell, rothonotary Deputy Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This day of 20 J.P- Prothonotary Supreme Court ID No. 75860 Ori November 22 , ?()1 () the Sheriff levied upon the defendant's interest m the real property situated in Lower Franford Township, Cumberland County, PA, Known and numbered 31 Waterloo Road Carlisle, more fully described on Lxhibit -'A filed with this writ and Oy this reference incorporated herein Date: November 2-2, ?010 1. ?..?..? ? Real Estate Coordinator r 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, biz: January 28, February 4, and February 11, 2011 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 Lida Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 11 day of February, 2011 Notary NOTARIAL SEAL DEBORAH A COLL.INS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3025 Civil HSBC Mortgage Services, Inc. vs. Wayne E. Miles Marilyn E. Miles Atty.: Alan M. Minato ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania shown on plan of William A. Halte- man, prepared by Larry V. Neidlinger, D.E.R.S., dated June 21, 1993 and approved by the supervisors of said Township of April 5, 1994 and being recorded in Cumberland County Plan Book 68, Page 76. BEGINNING at a point in T-454 (Rum Road); thence South 46 degrees 23minutes 45 seconds West, 167.06 feet to an existing post; thence South 74 degrees 00 minutes 00 seconds West, 271.98 feet to an iron pin; thence North 12 degrees 18 min- utes 14 seconds East, 376.69 feet to a point in T-454; thence South 17 degrees 36 minutes 52 seconds East, 2.90 feet to a point, the place of BEGINNING. BEING KNOWN AS 35 WATER- LOO ROAD, CARLISLE, PA 17013. BEING ASSESSMENT PARCEL NUMBER: 14-06-0027-001. ALL THAT CERTAIN tract of land located in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows: BEGINNING at a post in line of lands formerly of Israel Nickey, now or formerly of Willie Halteman, South seventy-two (72) degrees West, twen- ty four(24) perches to a post; thence by the same, South fourteen and one-half (14 1/2) degrees east, five (5) perches to a post; thence by same, North seventytwo(72) degrees East, twenty-four (24) perches to a post; thence by lands formerly of Dannie Raudabaugh, North fourteen and one half (14 1/2) degrees West, five (5) perches to the place of BEGINNING. BEING KNOWN AS: 35 Waterloo Road (Lower Frankford Township), Carlisle, PA 17013. PROPERTY ID NO.: 14-06-0027- 001. TITLE TO SAID PREMISES IS VESTED IN Marilyn E. Miles and Wayne E. Miles, husband and wife, as tenants by the entireties and not as tenants in common by deed from Marilyn E. Miles, married woman, formerly known as Merilyn E. Krysh- er, single person dated 12/16/2003 recorded 12/17/2003 in Deed Book 260 Page 4280. 38 r ie '3atriot-News Co. 2020 technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 7(.,4( PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 1/28/11 2/4/11 2/11/11 r Sworn to and/4-6scribed beforame thi8"2 day of February, 2011 A. D_ t_ f - Notary Public COMMONWEALTH OF PENNSYLVANIA Seal Sherrie L Kisner, Notary Public j Lower Paxton Tvvp., Dauphin County MY Commission Expires Nov. 26, 2011 Member- Pennsvlvania Association of Notaries ,Y,Y10.3()25 Givii Terns HS :C Mortgage Services, Inc.Vs Wayne E. Miles Marilyn E. Miles Atty: Alan M Minato :.1 [ (: L 2r;lLNl TRACT OF I. AN U LOWER FRANKFORD v;'tiSi lli?(:UMBERLAND COIN"I Y I -?NSYINANIASHOWN ON PLAN 01 a I' [,[ Vh4 A. I iALTEMAN, PREPARED \RRS' V. NEIDLING R. BATED JUNE 2I., l 93ANI) ,, ; , ED 111 THL^ St'TERVISOR,, Nil) TOWNSHIP OF APRIL i!',[) BEING RECORDED IF1 t NiBERL.AND COUNTY Pa A", 30UK 64(, PAGE 76 II)GINNINO AT A POIN T' IN 1-4154 iRUM ROAD). THENCE SOUTH 4(: )F:,GRIES 23M1NU'1'ES 45 SECONDS ;yi, sbi iY i EE'I I() AN EXISIINr., )ST: 'I HENCE SOUTH 74 DEGREE=S f-S (x) SEC ONDS WhS I, 27I.'j AN IRON PIN; THEN(E: DEGREES 1S MINI I1;S INDS PAST, 376J)T) FEET TO :A iN `I-4 •S, THENCE sou rH i-1, MINUTES 52 SECONDS E i TO A POINT:. THE '11- BEGINNING %NO\vN AS z? WATERLOO Ll. C'.ARLISLE, PA 1701" NG ASSESSMENI PAR( ILL, MER: I4-06-0027-001 TI i, J C=ERTAIN TRACT 01- LAN D T1: D IN LOWER FRANKFORD \'NSIM) (:[AIBERLAND 1, i €1F7,NNSY'1 tANLA, MORE iRIA ULARLY BOUNDED AND C R.[BE.D AS FOLLOWS !'vNfNCi ;AI A POST IN LINE I,VyDS FORMERLY OF ISRAEL N(Jw OR FORMERLY Li1k HAT,.T'EMAN, SOUTH 1.A1.[,. `TWO (72) DEGREES WEST, W FN I A' FOUR(24) PERCHE=S TO 1'OS;'I. THENCE BY THE SAME, !11 FOLIRI'FLN AND ONE -- ii_'r(14 ) DEGREES EAST FIVE PERCHES 1'0 A POST; THENCE `SNNIE., NORTH SEVEN] Y'TWO(72) TWENTY-FOUR F CiR11', FAST E LI:S T() ri P()1[ HIE:NCE FORMERIY O DANNIE d L `.ORTII I OURTEEN NI) (r? t HALT (14 -) DEGREES Nhsf, IVE (l) PERCHES TO THE PLACE OF BEGINNING. i;1.INGKNOWNAS ?7wer Frankl'ord "t::i?uahip) i lisle PA, 170 13 ROPFRIA' ID NO.: i4-00002,1-001 11'1 LE FO SAID PREMISES IS VESTED i\ MARILYN E. MILES AND WAYNE MILES, HUSBAND AND WIFE, AS FNANTS BY THE ENTIRETIES AND NO'1 -AS TENANTS IN COMMON BY DEED FROM MARILYN E. MILES, M.1RRIED WOMAN. FORMERLY 4,NOWN AS ME.RILYN E. KRYSHER, -1 PERSON DATED 1211612003 a.-,)RDED I2iI"715003 IN DEED -IF, '160 PA6E 4280 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HSBC Mortgage Services Inc is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 27 day of October, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 3025, at the suit of HSBC Mortgage Servicek Inc against Marilyn E. Miles and Wayne E. Miles is duly recorded as Instrument Number 201119111. IN TESTIMONY WHEREOF, I have hereunto set my hand an seal of said office this day of A.D. of Deeds ?Ieftder of Duds, Cumberland County Cadisle, FA My Corner Tires the First Monday of Jan. 2014