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HomeMy WebLinkAbout10-3375 GOLDBECK McCAFFERTY & MCKEEYER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Su[TE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.GOLDBECKLA W.COM May 19, 2010 Curt Long Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1 VS. TERRY L. BRYAN To the Prothonotary: I enclose the original and copies of a Complaint in Mortgage Foreclosure in the above matter. Please file the original and forward to the Sheriffs office the copies of the Complaint together with the Sheriffs service forms. Please return a date stamped copy of the filed Complaint in the enclosed self-addressed envelope. I have also enclosed checks to cover the costs. Very truly yours, Carol Connell, Supervisor P:215-825-6324 F:215-825-6424 CConnell@goldbecklaw.com Lisa Keenan, Supervisor P:215-825-6355 F:215-825-6455 LSoda@goldbecklaw.com Main Number: 215-627-1322 Enclosure GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF a , T• rh Y 2010MAY 20 PH !-"* 49 6) Ci k1,. l i'4 9 i HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN Mortgagor and Record Owner 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant Term No. 10 -3 37 5'c CML ACTION: MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row ?d Carlisle, PA 17013 717-243-9400 0-7 31? 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 defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeovmers/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 9780517C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1, 4708 Mercantile Drive North, Fort Worth, TX 76137. 2. The names and addresses of the Defendant is TERRY L. BRYAN, 797 Old Silver Spring Road, Mechanicsburg, PA 17055, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On August 26, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to NEW CENTURY MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1923 Page: 1689. The mortgage has been assigned to: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2006-NCI by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ................................................................... Interest from 05/01/2009 through 04/29/2010 at 6.9900%..., Per Diem interest rate at $12.85 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 06/01/2009 to 04/29/2010 ....................... Monthly late charge amount at $23.26 Costs of suit and Title Search (Estimated) ............................. ................$67,125.36 .................. $4,661.05 ..................$3,356.27 ..................... $255.86 Escrow ......................................................................................... Fees ............................................................................................. Monthly Escrow amount $277.34 .............. $900.00 ...........$5,907.80 ...........$1,544.00 $83,750.34 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $83,750.34, together with interest at the rate of $12.85, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure rtgage and Sheriff's Sale of the Property. By: GOLD CK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 'stina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION Regina Alexander as the representative of the servicing agent for the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: e ri ' L BANK USA, NATIONAL S OCIATION, AS TRUSTEE FOR ACE SZAN URITIES CORP. HOME EQUITY TRUST, SERIES 2006-NCI, BY SAXON MORTGAGE SERVICES, INC., AS ITS ATTORNEY IN FACT Regina Alexander Assistant Vice President #97805FC - TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 2000152458 GMM File Number: 97805FC Parcel ID#: 18-22-0519-001 B-U-G797 ASSIGNMENT OF MORTGAGE DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR HSBC BANK USA, N.A., ACE 2006-NC1, BY; SAXON MORTGAGE SERVICES INC., AS ITS ATTORNEY-IN-FACT (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2006-NCI. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2006-NCI (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed TERRY L. BRYAN, Mortgagor(s); to NEW CENTURY MORTGAGE CORPORATION. Bearing date of August 26, 2005; Amount Secured: $70,000.00; Recorded on September 16, 2005; in Book 1923 Page 1689; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 797 Old Silver Spring Road, Mechanicsburg, PA 17055 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, h xecuted and sealed with its corporate seal this Assignment of Mortgage on this /f,,?-day of 1-U 4xL 2010. DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTOD OR HSBC BANK USA, N.A., ACE ;Q66--NC, BY; SAXON MORTGAGE SE ICES C., AS ITS ATyhRNEY-IN- (Affix Corporate Seal) Vice Name: I JOW LoltM* Title: Assistant Vice President ss: STATE OF Tee ) COUNTY OF Tarrant BE IT REMEMBERED, that on this /I day of 2010, before me, the subscriber, a Notary Public personally appeared DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE AND CUSTODIAN FOR HSBC BANK. US N.A. ACE 2006-NCI. BY. SAXON MORTGAGE SERVICES INC.. AS ITS ATTORNEY-IN-FACT officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary ct and deed of such corporation made by virtue of a Resolution of its Board of Directors. Notary Public My commission expires: I hereby certify the address of the Assignee is: 4708 Mercantile Drive North, Fort Worth,TX 76137 „?,PT PZB ?i ALLISON A. WALTEH - , " Notary Public, State of Texas My Commission Expires April 08, 2014 2000152458 Case #: 97805FC Eys.Fi6itA - I?,•f?w fi,??Ml =SIT "Aw LML DRSCRIPTION AM that certain parcel of load and i=WOvomwnts thermm sf.tuate in the 90sougb of V4ch&ftiasb=V, County of Cwsbarland and Camsonwealth of Pennsylvania, and designated as Psrael X0. 3LB -22-0519-0013 -Q-G-797 and sate fully ,donexf,bed in a Do" dated Novwaber 10, 2003 and reaordad Novasbrr. 18, 2003 in Cumberland Couatp in Dead nook volume 260 at Page 1907, granted a" c mveped unto ferry L. Bryan, single person. rccorded ;,{y PA 1 92-3PG 1708 Ey,hibit 0 ACT 91 NOTICE DATE OF NOTICE: 12/29/2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling; Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have M questions, o?y call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: 12/29/2009 Homeowners Name: TERRY L. BRYAN Property Address: 797 Old Silver Springs Road, Mechanicsburg, PA 17055 Loan Account No.. Original Lender: SAXON MORTGAGE SERVICES INC. Current Lender/Servicer: SAXON MORTGAGE SERVICES INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING 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 telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 797 Old Silver Springs Road, Mechanicsburg, PA 17055 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: (a) Monthly payment from 06/01/2009 thru 12/29/2009 (7 mos. at $742.59/month) $5,198.13 (b) Late charges from 06/01/2009 thru 12/29/2009 (7 mos. at $23.26/month) $162.82 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,360.95 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $5,360.95 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: SAXON MORTGAGE SERVICES INC. 4708 Mercantile Drive North Fort Worth, TX 76137 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF 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 brings 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 (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You maYdo so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SAXON MORTGAGE SERVICES INC. Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: 888-325-3502 Contact Person: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. BEHALF. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR * 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. Contact: Loss Mitigation Department Phone Number: 888-325-3502 HEMAP Consumer Credit Counseling Agencies Report last updated: 11/2712009 2:32:10 PM CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610.971.2210 888.212.6741 American Credit Counseling Institute 526-528 Dekalb Street Norristown, PA 19401 610.971.2210 888.212.6741 American Financial Counseling Services Inc. 1080 N. Delaware Avenue Suite 200 Philadelphia, PA 19125 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 405 West Germantown Pike Norristown, PA 19403 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 175 Strafford Avenue Suite One Wayne, PA 19087 267.228.7903 800.490.3039 Page 8 of 21 In the Court of Common Pleas of Cumberland County HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN (Mortgagor(s) and Record Owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 10-3375 ~ `.J ~ c ~ . ~ :d' til r:.~ T T 4 ~D ~ T _; _t=;, =~- ~_' =~ =~ = rv < THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against TERRY L. BRYAN by default for want of an Answer. Assess damages as follows: Debt Interest from 06/28/10 to Date of Sale per diem at $12.85 Total (Assessment of Damages attached) $85,083.99 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: GOLDBEC CCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Krishna Murtha Pa. ID 61858 /David Fein Pa. ID 82628 Thomas Puleo Pa. ID 276 ] 5 Attorneys for Plaintiff AND NOW ~)~p~ a-I 020~~ ,Judgment is entered in favor of HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 and against TERRY L. BRYAN b ult for want of an Answer and damages assessed in the sum of $85,083.99 as per the above certification. ,~ _ /1 ~l~:oo P~ ATM C~ 535'7x.0 ~,~' a~~~ra3 ~+~ ~l Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. No. 10-3375 TERRY L. BRYAN (Mortgagors and Record Owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Prothonotary By: Deputy If you have any questions concerning the above, please contact: ~ /a~/~D Michael T. McKeever r Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, TERRY L. BRYAN, is about unknown years of age, that Defendant's last known residence is 797 Old Silver Spring Road Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: J Michelle Clarkson 97805FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 15, 2010 TO: TERRY L. BRYAN BRYAN, TERRY L. 797 Old Silver Spring Road Mechanicsburg, PA 17055 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 vs. TERRY L. BRYAN (Mortgagor(s) and Record Owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 TO: TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 10-3375 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlvIPORTANT 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 HIItING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 GOLDBECK MCCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN (Mortgagor(s) and Record owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 10-3375 Please enter Judgment in favor of HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1, and against TERRY L. BRYAN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $85,083.99. By GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 i David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1 4708 Mercantile Drive North Fort Worth, TX 76137 and that the name(s) and last known address(es) of the Defendant(s) is/are TERRY L. BRYAN, 797 Old Silver Spring Road Mechanicsburg, PA 17055; By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 ~ David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $67,125.36 Interest from 05/01/2009 through $5,393.50 06/25/2010 Reasonable Attorney's Fee $3 356.27 Late Charges $302.38 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $277.34 $554.68 Escrow $5,907.80 Fees $1,544.00 $85,083.99 ®a gy. ~~_r---- GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 --- David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW, this a,~~ day of , 2010 damages are assessed as above. Pro othy ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN Mortgagor(s) and Record Owner(s) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 10-3375 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: O ~c1~.0O pp Ai`r'y Amount Due 37.OO CSF qa ~ ~~ Interest from 06/28/10 l~ • 0O ~• to Date of Sale per oZ .50 ,, diem at $12.85 ~ ~(oQ.5O _ pp A-r..I,~ (Costs to be added) $85,083.99 C ` ' ,, - ~ ~_ O ~ tip- ~ ~ ~ ~- G"=~' N ~;;t~' . c i~ `r~ ._. . _ ~ a.oo out ~ 5 0 l.l.• C# 5 ~ 7d.~ 2,~ ay~4a3 By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 /David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff x~ ~ W a a z 0 ~-, ~ ~ 0 M V O Fly H '-: O za 0 U W [xy H ~~ ¢a zw ow ¢OU ~xz O ~ N ¢U~ ¢w~ oHw ~~~ ~~H z~~ H ~¢¢ ¢~O ~w ~~ x~ x H z 0 ~y F ~~~ w o ° a w ~ ~, o .~ ¢ o 3y (li U p„ Pr ~ ~/ ~ dq icy a >~ ~ 3 ~. ~ . x o w o~ ~ o ~~~ 0 ~ W a a >` ~. x R U p, w ~ ,., N ~ cC ~" ~o ~~ ~ I¢ ~. ~, ~ as ~, ~U U ~ ~~ o ~ °' ~,~~¢M ~ ~ ~ ~ ~ W ~ ~ .~ b U ° ~ ¢' U N ~ ~--~ ~~o~N `~ o P~ ~ o ,b o o ~ C7 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant 10 the provisions of the Uniform Condominium Act, 68 PA C.S.A. §3101 et seq. (Pardon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of Declaration of Condominium dated July 30, 1985 and recorded August 14, 1985 in Miscellaneous Book 308, Page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid Office at Miscellaneous Book 313, Page 133, and further, amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987, in aforesaid Office at Miscellaneous Book 331, Page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987, and recorded an June 12, 1987 in the aforesaid Office at Miscellaneous Book 335, Page 283, and further amended by a Fourth Amendment to Declaration of Condominium dated November 1 0, 1987 and recorded on November 30, 1987 in the aforesaid Office Miscellaneous Book 343, Page 368. and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded April 18, 1988 in the aforesaid office at Miscellaneous Book 348, Page 868, being designated in such Declaration as so amended as Unit No. 797. And further amended by a Sixth Amendment dated October 12, 1988 and recorded October 13, 1988 in the aforesaid Office at Miscellaneous Book 355, Page 1084; and further-amended by a Seventh Amendment dated June 1 1988 and recorded June 2,1988 and recorded at Miscellaneous Book 364, Page 1060; and further amended by an Eight Amendment dated June 20, 1989 and recorded June 23, 1989 in Miscellaneous Book 365, Page 899. As more fully described in such Declaration, as so amended, together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and further amended by any further amendments thereto hereafter recorded in the aforesaid office. Parcel# 18-22-0519-001 B-U-G797 Property address: 797 Old Silver Spring Road, Mechanicsburg, PA 17055 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN (Mortgagor(s) and Record Owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 10-3375 AFFIDAVIT PURSUANT TO RULE 3129 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 797 Old Silver Spring Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): C7 C 0 c~ Ft TERRY L. BRYAN "~fx-. ~?~r, ~ t_:,_ ~~ 797 Old Silver Spring Road ~y ~- C ""= rv r"' om Mechanicsburg, PA 17055 n_, r, .~. , ~p l ..~ 2. Name and address of Defendant(s) in the judgment: ~_.. ' r~ ~ . " ='- TERRY L. BRYAN _ *`~' 797 Old Silver Spring Road tv Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR ACE SERCURITIES CORPORATION HOME EQUITY LOAN TRST, SERIES, 2006-NC 1 4708 Mercantile Drive Flat Worth, TX 76137 MECHANICSBURG BOROUGH West Strawberry @ North Market Street Mechanicsburg, PA 17055 MECHANICSBURG BOROUGH 36 West Allen Street Mechanicsburg, PA 17055 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. MECHANICSBURG BOROUGH, WALNUT VILLAS 797 Old Silver Springs Road Mechanicsburg, PA 17055 TENANTS/OCCUPANTS 797 Old Silver Spring Road Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 25. 2010 M GOLDBECK McCAFFERTY & Mc E ER J 0 J BY: Michelle Clarkson 10-3375 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006- NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN Mortgagor(s) and Record Owner(s) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendants; of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-3375 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE C USED FOR THAT PURPOSE. N o ~ ~., i _ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ _ ti= t~z- , ~ - rv ~ -w, ,~ TO: BRYAN, TERRY L. ~= `' ~ 7,. - -' ~, - } , TERRY L. BRYAN ~ ~ =-~ :'= 797 Old Silver Spring Road ~ r`.' Mechanicsburg, PA 17055 ~ N .~ Your house at 797 Old Silver Spring Road, Mechanicsburg, PA 17055 is scheduled to be sold a t Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Heazing Rm 2nd FL Courthouse to enforce the court judgment of $85,083.99 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST , SERIES 2006-NC 1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE I1V THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 10-3375 1. The sale will be cancelled if you pay to HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 4. 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 below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 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 fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httg://www.philadelphiafed ore/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 10-3375 717-243-9400 1 10-3375 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real. aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~~:oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 97805FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 7613 7 Plaintiff vs. Term No. 10-3375 ACTION OF MORTGAGE FORECLOSURE TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TERRY L. BRYAN Q :~ a ;- ~:~;-, ~- ~ -- . ~'' -; r :`t C: N N Your house (real estate) at (address) 797 Old Silver Springy Road Mechanicsburg PA 17055 is scheduled to be sold at Sheriff's Sale on (date): ~_ ~ ~Q (time): 10:00 a.m. (place of sale): Commissioners Hearing Room - 2nd floor Cumberland County Courthouse to enforce the court judgment of $85.083.99, obtained by the judgment creditor against you. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3375 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, as trustee for ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1, Plaintiff (s) From TERRY L. BRYAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,083.99 L.L.$.50 Interest from 6/28/10 to Date of Sale per diem at $12.85 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Plaintiff Paid Date: 6/29/10 Other Costs (Seal) REQUESTING PARTY: Name: DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 56129 GULDBECK McCAFFERTY & McKEEVER Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 FILED-OFFICE OF THE PROTHONOTARY 2010NOV 30 AM 11: 2P HSBC BANK USA, NATIONAL ASSOCIATIO AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006- NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff TERRY L. BRYAN Mortgagor(s) and Record Owner(s) vs. 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 10-3375 Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: OQ Personal Service by the Sheriffs Office/sQmpetem eA-(copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfu ly subm tted, B : Keith C. Halili Legal Secretary 97805FC CF: 05/20/2010 SD: 02/02/2011 $85,083.99 % COURT OF COMMON PLEAS YCVA A of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE iic > { s . u L } ? ? . r tr14 O Z ^5 y 2 R? r 81 N £? Q ?S??'311t c c• N O q, v • ? R a Z ? Q rh 3 z o ? Z ) O c _ ,? E o c `md o' C.7 ¢ STA py U r P C A Sad 4tn c6 d I z - . f s m a u, ° u1 r?Y._Kti O ? ? Q m O 2! ? ??' c Z tY.n O t>! C1C w ? d w 'S. m O c g m o QNZ ? O`a m O O N ' ? U ?LUd to ? r R N f O U U` u J m W ? tNP ? 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O p a z o I- 9 It C W m Z m 16 (L m C O x 0 VaYWW ° m maW ?. a ? S m m ccT.- Z O c x (V ch v ?n cfl n ao c m a Y c 0 a m m O Y C CL a :ECL 0 c?tt 0 _N O m Q _N m co N ,.?. O C 7 O ? U a ? o ? 'c N S 7 Z U- U y ? m 00 ? € 4 tL g Fl' (0 a~i W vvI-- UL - v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE S4ERIFF HSBC Banc USA vs. Terry L. Bryan Case Number 2010-3375 SHERIFF'S RETURN OF SERVICE 10/13/2010 03:10 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1503 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Terry L. Bryan, located at, 797 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/14/2010 03:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1517 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Terry Bryan, by making known unto, Terry Bryan, personally, at, 797 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $898.92 October 26, 2010 Ic Cow-VSdie Sherfr. Teleowft, Inc. SO ANSWERS,] RON R ANDERSON, SHERIFF GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. TERRY L. BRYAN Mortgagor(s) and Record Owner(s) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) Term No. 10-3375 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI, Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel of Plaintiff, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 797 Old Silver Spring Road Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR ACE SERCURITIES CORPORATION HOME EQUITY LOAN TRST, SERIES, 2006-NCI 4708 Mercantile Drive Flat Worth, TX 76137 MECHANICSBURG BOROUGH 36 West Allen Street Mechanicsburg, PA 17055 MECHANICSBURG BOROUGH West Strawberry @ North Market Street Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 797 Old Silver Spring Road Mechanicsburg, PA 17055 MECHANICSBURG BOROUGH, WALNUT VILLAS 797 Old Silver Springs Road Mechanicsburg, PA 17055 WALNUT VILLAS CONDOMINIUM ASSOCIATION 212 North Third Street Harrisburg, PA 17108 WALNUT VILLAS, INC. c/o John Glise 3900 Market Street Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 24, 2010 ,o ?d GOLDB c AFFERTY & McKEEVER BY: Keith C. Halili Legal Assistant f Ir FILED-OFFICE: OF 7HE PROTHOlNOTAR), GOLDBECK McCAFFERTY & McKEEVER 2011 APR -5 PM 4: 00 Suite 5000 - Mellon Independence Center 701 Market Street CUMBERLAND COUNTY Philadelphia, PA 19106-1532 PENNSYLVANIA Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 10-3375 TERRY L. BRYAN Mortgagor and Record Owner 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant MOTION TO POSTPONE SHERIFF'S SALE Plaintiff, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI, by and through its attorneys, in support of its Motion to Postpone Sheriffs Sale represents as follows: 1. Plaintiff is the holder of first mortgage upon the premises, 797 Old Silver Spring Road Mechanicsburg, PA 17055, hereinafter the "mortgaged premises." 2. Defendant is the mortgagor and record owner of the mortgaged premises. 3. A Sheriffs Sale of the Property was originally scheduled for December 8, 2010 and postponed to February 2, 2011 then further postponed to April 6, 2011 in order for the Plaintiff to review the Defendant for a Loan Modification. 4. Plaintiff requests an additional postponement to May 4, 2011, to allow further review. 6. Pursuant to Local Rule the Defendants is unrepresented by counsel and plaintiff has no manner by which to seek concurrence except by mail. 7. No Judge has been previously assigned to this matter. 7. There is no prejudice to any party. WHEREFORE, Plaintiff requests that the Court enter . tiffs pro o stpone the Sheriff's Sale until May 4, 2011. j. By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 'sting Murtha Pa. ID 61858 avid Fein Pa. ID 82628 omas Puleo Pa. ID 27615 Attorneys for Plaintiff 01 By- Wolf, Esquire, Local Counsel for Plaintiff i GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN Mortgagor and Record Owner 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant VERIFICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 10-3375 Thomas Puleo, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Postpone Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 P.S. Section 4904. By: C'Wit"IV G9CDBECK MYVAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 6nomas Puleo Pa. ID 615 t1i Attorneys for Plain By. ?a Nathan C. Local Counsel for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. TERRY L. BRYAN Mortgagor and Record Owner 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 10-3375 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3(b) allows a judgment creditor to postpone a sheriffs sale up to two times within a one hundred thirty day period without new notice. The postponement must be announced to all assembled bidders. As outlined in the attached motion, the Sheriff's Sale has already been postponed as allowed by Pa.R.C.P. 3129.3(b). Plaintiff seeks Court approval under, inter alia, Pa.R.C.P. 126, to postpone the sale again. This postponement will be announced to all assembled bidders. CONCLUSION For all the reasons discussed above and in the attached 'ojtheC enter the att ached Order postponing the Sheriffs Sale. By: GOL BECK MCTY & MCKEEVER ael McKeev 6129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 avid Fein Pa. ID 82628 omas Puleo Pa. ID 27615 Attorneys for Plaintiff By: Nathan C. Wo , squire, Local Counsel for Plaintiff A ¦. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN Mortgagor and Record Owner 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Tenn No. 10-3375 CERTIFICATE OF SERVICE Genevieve Mautz, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies that a copy of Plaintiffs Motion to Postpone Sheriffs Sale was mailed by first class mail, postage prepaid, to Defendant on April 5, 2011. TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 Respectfully submitted, GOL BECK MCCAFFERTY & MCKEEVER By: i. f HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. TERRY L. BRYAN Mortgagor and Record Owner 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 10-3375 ORDER h AND NOW, this day of A Q c %\ , 2011 upon consideration of Plaintiffs Motion to Postpone Sheriffs Sale and any response thereto, it is ORDERED and DECREED: That the Motion is granted and the Sheriffs Sale in the above-captioned matter is hereby postponed until Wednesday, May 4, 2011, without need for further notice, costs, and advertising. BY THE COURT: J. o rnrn =::o ::a -o r+n ?r 1 e? v ON o =? C (, ? tomct? P.lao, &.q rn 3P, -r rry L -Br)an C? 410111 A del?uw,?cc? 34-6A by ?jc?i' KML LAW GROUP, P.C. Suite ~000~ BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1 ,22 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAM TRUST, SERIES 2006- NCl 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN (Mortgagor(s) and Record c-wner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO VACATE JUDGMENT TO "fHE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. 1~. No. i 0-33 7 By: ~%' ~ ~ ,~,~ KML LAW O .C. Michael M Keev r Pa. ID 56129 Lisa Lee Pa. ID 7 020 Krictina Murtha Pa. IU 61.858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 i Jill P. Jenkins Pa. ID 306.588 / Attorneys for Plaintiff sq sir ~ ~a~i ~~as3a?~f [N (I'HE COURT OF COMMON PLEAS of Cumberland Co~unri~ 1 KML LAW GROUP, P.C. ' SUITF, 5000 - BNY INDF,PENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006- NC 1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN (Mortgagor(s) and Record Owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) CERTIFICATE OF SERVICE Term No. 10-3375 Angela M. Smith, hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting )papers attached hereto upon Defendant, by first class mail, postage pre-paid, on ~..~~~ ~ ~~ ~/ , TERRY L. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 IN THE COi1RT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE By: KML LAW ROUP, P.C. Angela M. Smith, Legal Assistant asmith@km I lawgroup.com 215-825-6325 (Direct Phone) KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 HSBC BANK USA, NATIONAL ASSOCIATION, AS 'TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC1 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L,. BRYAN (Mortgagor(s) and Record owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) .~ . ~. ,~ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. l 0-3375 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP, P.C. F/K/A GOL~B,~CK McQ~FFERTY & McKEEVER sy: v~ v w Michael cKee er Pa. ID 56129 Jay E. K vitz Pa. ID 26769 Lisa Lee Pa. ID 8020 Kristina Murtha Pa. ID 61858 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 Andrew Gornall Pa. ID 92382 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 1 ` ~ KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NCI 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. TERRY L. BRYAN (Mortgagor(s) and Record Owner(s)) 797 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant(s) CERTIFICATE OF SERVICE No. 10-3375 Angela M. Smith, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on - ~~ ~~ TERRY I~. BRYAN 797 Old Silver Spring Road Mechanicsburg, PA 17055 KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFERTY & McKEEVER By: ~- Angela M. Smith, Legal Assistant asmith@km llawgroup. com 215-825-6325 (Direct Phone) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE