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Home My WebLink About13-1134 c7 ~ -+-t ~ w ~_~ ~ ~ ~ ~'tJ r ~ ~7p .... r~ ~~ a ~~ ~-~ x~ ~~ ~'? ~~t3 --, Y~„y ~.~ ~-S~ PHELAN HALLINAN, LLP Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME CIVIL DIVISION EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES, c/o NO.: I.3 - ~~~ Wells Fargo Bank, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 2971 S Plaintiff, vs. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD NEWVILLE, PA 17241-9769 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: S' ec~' ~a.8~~- i~~ ~~7/ 7 062-PA-V3 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 1701.3 (717) 249-3166 (800)990-9108 File #: 313119 1. The Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- HE7, ASSET BACKED PASS-THROUGH CERTIFICATES, c/o Wells Fargo Bank, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER, is an individual whose last known address is 273 MEADOWS ROAD, NEWVILLE, PA 17241- 9769. 3. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES, directly or through an agent, has possession of the Promissory Note. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 29, 2005, JAMIE L. FINKENBINDER made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR WMC MORTGAGE CORP. a Mortgage in the original principal amount of $88,800.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1917, Page 2181. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded May 9, 2012, the mortgage was assigned to HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- HE7, ASSET BACKED PASS-THROUGH CERTIFICATES which Assignment is recorded in 062-PA-V3 the Office of the Recorder of CUMBERLAND County in Instrument No. 201213751. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2012. 8. As of February 13, 2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 85,121.24 Interest O 1 /01 /2012 Through 02/ 13/2013 $ 7,126.02 Late Charges $ 352.60 Property Inspections $ 15.00 Escrow Deficit $ 2,082.38 Suspense Balance ($ 3.92) TOTAL $ 94,693.32 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have 062-PA-V3 been sent to the Defendant(s). 10. The mortgage premises are vacant and abandoned. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 94,693.32 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. B: Date: uc an, Esq., Id. No.309519 ttorney for Plaintiff 062-PA-V3 Exhibit "A" NoT~ arxly 29, zo05 TAMP BILL, [Date] [City] 511 stun >t:o~ ~~,~., PA 172a1 [Property Address) EiNKSNBi3tD8A Loxes ~: 11292^-- MN: 1041?" - ,~ Peansylvaaia [State) 1. BORROWER'S P$OMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. S 88, 800.00 (this amount is called "Principai'~, plus interest, to the order of the Lender. The Lender is i~DtaC ?60~RTGAGE CORF . I will make all payments under this Note in the form of cash, check or money order. [ understand that the Lender may transfer this Note; The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. !will pay interest at a yearly rate of 7.500 %. The interest rate required by this Suction 2 is the rate I will pay both before and after any default described in Section ti(B) of this Note. 3. PAYMENTS (A) Time and place of Payments I will pay principal and interest by making a payment every month. 1 .vill make my monthly payment on the ist day of each month beginning on 8e~tesaber 1, 2005 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that !may awe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Pt~incipal. [f, on Atigttat 1, 2035 , 1 still owe amounts under this Note, I will pay those amounts in foil on that date, which is fialllcd the "Maturity Date." 1 wil! make my monthly payments at 6501 IRVINE CENT$R DRIVE, IRVINE, CA 92$18 or at a diffet'ent place if required by the Note Holder. (B} Amount et Montbly Paytents My monthly payment wilt be in the amount of U.S. $ 620.90 4. BORROWER'S R[GHT TO PREPAY I have the right to make payments of Principal at any time before they are due, A payment of Principe! only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. I may tt>ake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those charges. S. LOAN CHARGES if a law, which applies to this loan and which sets maximum loan charges, is ftnatty interpreted so that the interest or other loan charges collected or to be collected in connection with this loan excced the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal [owe under this Note or by making a direct payment to me. !f a refund reduces Principal, the reduction will be treated as a partial Prepayntcnt. MULTISTATE FI?CEO RATE NOTE-Single Family-Fsnak PladFreddle Alec UNIFORit INSTRUMEiVT Form 32001/U1 ~~~+~ (page 1 of3 pages) Mmc°crwl.v~r~c •Iaa/sooa ~ ~~ 1129: 6. BORROWER'S FAILURE TO PAY A5 REQUIRED (A} Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is duo, t will pay a late charge to the Nate Holder. The amount of the charge will be 5 , 000 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default if I do not pay the full amount of each monthly payment on the data it is due, I will be in default. (C) Notice of 1Qefautt [f I am in default, the Note Holder tray send me a written notice telling me that if I do not pay the overdue amount by a certain dote, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and al! the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waives By Note Holder Even if, at a tithe when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E} Paytateat of Note Holder's Costs and Expenses if the Note Holds has required me to pay immediately in full as described above, the Note Holder wi(1 have the right to be paid back by cry for all of its costs and expenses in enforcing this Note in the extent not prohibited by applicable law. Those expenses include, For example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8.OBLIGATIONS dF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presenttnettt" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10. UNIFORM SECURED NOTE This Note is a ttnifotYxl insttttment with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which [ snake in this Note. That Security Instrument describes haw and under what conditions 1 may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions arc described as follows: If alt qr any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transfctted) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ~GF PtItLTtSTATE FIXBD RATE NOTI's-5inyle Family-Fannie tilae/Freddie Mac UNIPORt11 INSTRUMENT Form 32001/01 wcoc ai?vrz rlai~ao°a (page 2 of3 pages) ~ • ii2a~ [f I.ettder exercises this option, Lender shell give Botsower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section I S within which Borrower must pay all sums secured by this Security [nstrurttcnt. If Borrower fails to pay these sutras prior to the expiratiotl of this period, bender may invoke any remedies permitted by this Security Instrument without further notice or demand on Harrower. WITNESS THE HAND(S) A SEAL(S) QF THE UNDERSIGNED --~ ~ ~o S - Horrwror - E FI ZNDER -Data - P+ay to #hs on~r of withau nurse Moiaico t. (Sign Original O~ilyJ MULTISTATE P1XE0 RATI: NOTE-Singlc Fomlly-Fannie Mse/Freddie Mac UNIFORM t~iSTRUMEIYT Form 5200 U01 ~ (paYa 3 of 3 pales) ~.wrz s/w/soon ADDENDUM TO NOTE PREPAYMENT PENALTY -FIRST ( 2 )YEARS OF NOTE 9arvie:itiq ~: 11s°~°e~ Loan li~mbsr: 11282802 ThisAdd~ ................_ phis 29th day of July, 2005 ,and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by the undersigned {the "Borrawer'~ to Q ~ I+60RTGAGS CORP. {the "Letuler'~ covering the property described in the Security Instrument and located at: 511 SHED RWID H~'iTI2.I+L", PA 17241 [Property Address} To the extent that the previsions of this Prepayment Note Addendum (the "Addcndum'~ arc inconsistent with the provisions of the Security Instrument and/or the Note, the provisions of this Addendum shall prevail over and shalt supercede any such inconsistent provisions of the Security Instrument and/or the No[e. Section 4 of the Nate is amended to read in its entirety as follows: BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment". Except as provided betow, 1 may make a full prepayment or a partial prepaymcnt at any time. [f the original principal amount of this loan is $50,000 or less, I may make a full or partial prepayment without paying any penalty. However, if within the first Twenty-Four ( 24 ) tt>onths after the execution of the Note, l make any prepayment(s), the total amount of which exceeds Twenty percent ( 20.000 %) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payrncnt of Six { 6 )months' advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds Twenty percent ( 20.000 %) of the original principal amount of the loan. If I make any partial prepayment, !must still make each later payment as it becomes dt!e and in the same amount. In the event that I prep this loan with proceeds from a loan made by the same Lender as noted above, will not be required to pay a y tent penalty., /as - rro~nar - - : - PAl P~pEryN'N/~S5~YLVANIA - Attdendum to Note I~Y~ M/°7/70°3 Exhibit "B" LEGAL DESCRIPTION ALL that certain lot of ground together with the improvements erected thereon, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, known as Lot No. 7 in the Plan of Lots laid out by Larry V. Neidlinger, P.E., dated May 18, 1976, bounded and described as follows: BEGINNING at a point at the corner of Lot No. 6 and Township Road #412; thence along Lot Na. 6, North sixty-five (65) degrees twenty (20) minutes East, two hundred (200) feet to the corner of Lot No. 6 and lands naw or formerly of Chazles L. Beaz and wife; thence along lands now or formerly of Chazles L. Bear and wife, South twenty-four (24) degrees forty (40) minutes East one hundred fifty (150) feet to the corner of Lot No. 8 and lands now or formerly of Charles L. Beaz and wife, South twenty-four (24) degrees forty (40) minutes East one hundred fifty (150) feet to the carver ofLot No. 8 and lands now or formerly of Chazles L. Beaz and wife; thence along Lot No. 8, now or formerly of Charles L. Bear and wife, South sixty-five (65) degrees twenty (20) minutes West two hundred (200) feet to the curb line of Township Road #412 and corner of Lot No. 8; thence along the curb line of Township Road #412, North twenty-four minutes West one hundred tihy (150) feet to the place of BEGINNING. Said description taken and recorded in Plan Boak No. 28, Page 19. PROPERTY ADDRESS: 511 SHED ROAD, NEWVILLE, PA 17241-9766 PARCEL # 15-05-0413-O15G File#: 313119 VERIFICATION Denise Goldston, hereby states that he/ he 's Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). ~~.~,~ cz ~ed,~„~ Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/14/2013 085-PA-V2 File #313119 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE : FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES Plaintiff(s) vs. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLV~IA ~ ~ ~ c~ ~' ~ ~ ~ 3 --t ~ ~. z ~ x z~ ~° ~ -~ ~Z'' - O~ ,- a -~+~ C7 = ."~*_' zc ~~ `~ cn `s:a _~ ~- //~ ~ civil /"-~ .'` l3 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not chazge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepaze and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepaze and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date ison F u ,Esq., Id. No.309519 Signa Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hazdship assistance, your lender must consider your circumstances to determine possible options while working with your .Please provide the following information to the best of your knowledge: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Date you Closed Your Loan: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: Office: Other: How long? Home: Cell: Office: Other: State: Zip: State: Zip: How long? Type of Type Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Borrower name(s): Property Address: Primary Reason for Default• Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year,: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles) Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1 • monthly amount: 2• montlily amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Exnenses• (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ent(s) Condo/Nei .Fees Auto Insurance Med. not covered) Auto fueUre airs Other ro . a ent Install. Loan Pa ent Cable T'V Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company; Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, _ to use/refer this information to my lender/serviceh for the a above named evaluating my financial situation for possible mortgage options. I/We understand that~Uwee of am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson LE0-0FFIC OF TBE f'R0THCNO TF,f'� Sheriff ntr al�;ainb�t,� Jody S Smith ' °` `t° 2013 MAR 18 AM 9: E-6 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OFFiCEOF THE$ RIFF PENNSYLVANIA HSBC Bank USA, National Association, as Trustee for Ace Securities Cor Case Number vS. Jamie Finkenbinder 2013-1134 SHERIFF'S RETURN OF SERVICE . 03/07/2013 11:20 AM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jamie Finkenbinder, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 511 Shed Rd., Lower Mifflin Twp., Newville, PA 17241. Residence is vacant. 03/08/2013 08:20 AM-Shawn Harrison, Deputy Sheriff, served the requested Complaint in rtgage Foreclosure by "personally"handing a true copy to a person representing themselves be t fendant,to wit:Jamie Finkenbinder at the Cumberland County Sheriffs Office, One Courtho q are Carlisle, PA 17013. S . HA ISON, DEPUTY SHERIFF COST: $50.00 SO ANSWERS, March 08, 2013 RON R ANDERSON, SHERIFF ;)CoumySui!e SheriK,ieleosoft.Inc. Ct" iv ,'R( l !ONO TA R a` PHELAN HALLINAN, LLP `x,13 "Ulu 25 M I I: I Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST,SERIES 2005- COURT OF COMMON PLEAS HE7,ASSET BACKED PASS-THROUGH CERTIFICATES CIVIL DIVISION • vs. No. 13-1134 JAMIE FINKENBINDER A/K/A JAMIE L.FINKENBINDER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $94,693.32 TOTAL $94,693.32 I hereby certify that(1) the Defendant's last known addresses are 273 MEADOWS ROAD, NEWVILLE, PA 17241-9769 and 511 SHED ROAD, NEWVILLE, PA 17241-9766, and(2) that notice has been given in accordance with Rule Pa.R.C.P237.1. Date 9I A? 0040l4 /7 /49 0va Adam H. Davis, Esq., Id. No.203034 Attorney foaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ( L7S/'3 PHS#313119 PROTHONOTARY Ookkk%"°.* ativ I co.} 1 "n12. -3 19 aq 9aq V5-60. Nkaikj PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL : CUMBERLAND COUNTY ASSOCIATION, AS TRUSTEE FOR : COURT OF COMMON PLEAS ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- : CIVIL DIVISION HE7,ASSET BACKED PASS- THROUGH CERTIFICATES : No. 13-1134 vs. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER is over 18 years of age and has last known addresses at 273 MEADOWS ROAD, NEWVILLE, PA 17241-9769 and 511 SHED ROAD, NEWVILLE, PA 17241-9766. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (/2- tf/, 3 4p Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 313119 Results as of:Jun-24-2013 12:05:20 Department of Defense Manpower Data Center SCRA 3.0 tit etg. Status Roport >�E Pursuant to Scr icc members Cis it .aa efAct Last Name: FINKENBINDER First Name: JAMIE Middle Name: L Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yikvut Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Results as of:Jun-24-2013 12:05:16 Department of Defense Manpower Data Center SCRA 3.0 a Status Status Rf:port n. ;: Pursuant to Servicetnembers Civil Relief Act aTRa of - Last Name: FINKENBINDER First Name: JAMIE Middle Name: Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised HSBC BANK USA, NATIONAL : CUMBERLAND COUNTY ASSOCIATION, AS TRUSTEE FOR ACE . SECURITIES CORP. HOME EQUITY : COURT OF COMMON PLEAS LOAN TRUST,SERIES 2005-HE7, ASSET : BACKED PASS-THROUGH . CERTIFICATES : CIVIL DIVISION vs. : No. 13-1134 JAMIE FINKENBINDER . A/K/A JAMIE L. FINKENBINDER Notice is given that a Judgment in the above captioned matter has been entered against you on 10Ia5)i 3 . 4'. - (:), ,3--, By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 313119 HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS AS TRUSTEE FOR ACE SECURITIES CORP. CIVIL DIVISION HOME EQUITY LOAN TRUST,SERIES 2005-HE7, ASSET BACKED PASS-THROUGH NO. 13-1134 CERTIFICATES Plaintiff CUMBERLAND COUNTY v. Defendant(s) TO: JAMIE FINKENBINDER A/K/A JAMIE L.FINKENBINDER 273 MEADOWS ROAD NEWVILLE,PA 17241-9769 DATE OF NOTICE: 6/1- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 By. . .""drt 014,400 Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#313119 • HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS AS TRUSTEE FOR ACE SECURITIES CORP. CIVIL DIVISION HOME EQUITY LOAN TRUST,SERIES 2005-HE7, ASSET BACKED PASS-THROUGH NO. 13-1134 CERTIFICATES Plaintiff CUMBERLAND COUNTY v. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant(s) TO: JAMIE FINKENBINDER A/K/A JAMIE L.FINKENBINDER 511 SHED ROAD NEW V ILLE,PA 17241-9766 ; , /(t77(766 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: '. Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#313119 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE : COURT OF COMMON PLEAS SECURITIES CORP.HOME EQUITY LOAN TRUST,SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES • CIVIL DIVISION Plaintiff • • NO.: 13-1134 v. • • JAMIE FINKENBINDER A/K/A JAMIE L.FINKENBINDER • CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $94,693.32 Interest from 06/26/2013 to Date of Sale $2,522.34 ($15.57 per diem) TOTAL $97,215.66 4 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff C) twa =;: w Note: Please attach description of property. rn co �r PHS#313119 t ;4 r— to =� Vuv4 ' V r, .e'° Cff = )03.) S � l 4 540 111, *, ot#/ /sow ie# a9aaga MI< .rte LEGAL DESCRIPTION ALL that certain lot of ground together with the improvements erected thereon,situate in Lower Mifflin Township,Cumberland County,Pennsylvania,known as Lot No.7 in the Plan of Lots laid out by Larry V. Neidlinger,P.E.,dated May 18, 1976,bounded and described as follows: BEGINNING at a point at the corner of Lot No. 6 and Township Road#412;thence along Lot No.6,North sixty-five(65)degrees twenty(20) minutes East,two hundred(200)feet to the corner of Lot No.6 and lands now or formerly of Charles L. Bear and wife;thence along lands now or formerly of Charles L. Bear and wife,South twenty-four(24)degrees forty(40)minutes East one hundred fifty(150)feet to the corner of Lot No. 8 and lands now or formerly of Charles L. Bear and wife,South twenty-four(24)degrees forty(40) minutes East one hundred fifty(150)feet to the corner of Lot No. 8 and lands now or formerly of Charles L. Bear and wife;thence along Lot No. 8,now or formerly of Charles L.Bear and wife,South sixty-five(65) degrees twenty(20)minutes West two hundred(200)feet to the curb line of Township Road#412 and corner of Lot No. 8;thence along the curb line of Township Road#412,North twenty-four minutes West one hundred fifty(150)feet to the place of BEGINNING. CONTAINING 30,000 square feet. Said description taken from survey of Larry V.Neidlinger,dated May 18, 1976 and recorded in Plan Book No. 28,pg. 19. TITLE TO SAID PREMISES IS VESTED IN Jamie L. Finkenbinder, single adult man, by Deed from William N. Ebright, Jr., single adult man, dated 07/28/2005, recorded 08/03/2005 in Book 270, Page 1281. PREMISES BEING: 511 SHED ROAD,NEWVILLE,PA 17241-9766 PARCEL NO. 15-05-0413-015G PHELAN HALLINAN, LLP i.= L P=r t Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 '`' 'OTi 30P 0 e.a 1617 JFK Boulevard, Suite 1400 2` 13 JUN 25 AN 11. 12 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION,AS TRUSTEE : COURT OF COMMON PLEAS FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7,ASSET BACKED PASS-THROUGH : CIVIL DIVISION CERTIFICATES Plaintiff : NO.: 13-1134 v. : CUMBERLAND COUNTY JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: f�/ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff I f HSBC BANK USA, NATIONAL ASSOCIATION, AS • COURT OF COMMON PLEAS TRUSTEE FOR ACE SECURITIES CORP. HOME • EQUITY LOAN TRUST, SERIES 2005-HE7,ASSET CIVIL DIVISION BACKED PASS-THROUGH CERTIFICATES • Plaintiff NO.: 13-1134 • v. • CUMBERLAND COUNTY JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE SECURITIES CORP.HOME EQUITY LOAN TRUST,SERIES 2005-HE7,ASSET BACKED PASS-THROUGH CERTIFICATES,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 511 SHED ROAD,NEWVILLE,PA 17241-9766. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Ya,7 JAMIE FINKENBINDER 273 MEADOWS ROAD, A/K/A JAMIE L.FINKENBINDER NEWVILLE,PA 17241-9769 rri e° 511 SHED ROAD vy tv 7.4 M; 3 NEWVILLE,PA 17241-9766 -'1; O--r-; 2. Name and address of Defendant(s)in the judgment: 'n Name Address(if address cannot be reasonably ascertained,please so indicate) — tv -_ - JAMIE FINKENBINDER 273 MEADOWS ROAD, A/K/A JAMIE L.FINKENBINDER NEWVILLE,PA 17241-9769 511 SHED ROAD NEWVILLE,PA 17241-9766 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) MERS,AS NOMINEE FOR WMC P.O.BOX 2026 MORTGAGE CORPORATION FLINT,MI 48501-2026 MERS,INC. FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA,FL 34474 PHS # 313119 MERS,INC. AS OF 12/6/10,1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 WMC MORTGAGE CORPORATION P.O.BOX 54089 LOS ANGELES,CA 90054 WMC MORTGAGE CORPORATION— ATTN: EQUITY SERVICES POST CLOSING 1 RAMLAND ROAD ORANGEBURG,NY 10962 WMC MORTGAGE CORPORATION 6320 CANOGA AVENUE ATTN: KENESHA MCPHERSON 10TH FLOOR WOODLAND HILLS,CA 91367 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 511 SHED ROAD NEWVILLE,PA 17241-9766 MERS,AS NOMINEE FOR OCWEN LOAN P.O.BOX 2026 SERVICING,LLC FLINT,MI 48501-2026 OCWEN LOAN SERVICING,LLC 1661 WORTHINGTON ROAD SUITE 100 WEST PALM BEACH,FL 33401 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 PHS #313119 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ‘/241/ By: fit/ ��t�✓ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #313119 HSBC BANK USA, NATIONAL ASSOCIATION,AS TRUSTEE : COURT OF COMMON PLEAS FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7,ASSET BACKED PASS- : CIVIL DIVISION THROUGH CERTIFICATES : NO.: 13-1134 Plaintiff : vs. : CUMBERLAND:COI NTY JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER ` - Defendant(s) r v -am- (J1 r� ;--, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 37,c) TO: JAMIE FINKENBINDER JAMIE FINKENBINDER + A/K/A JAMIE L. FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE, PA 17241-9769 NEWVILLE,PA 17241-9766 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 511 SHED ROAD,NEWVILLE,PA 17241-9766 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$94,693.32 obtained by HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE SECURITIES CORP.HOME EQUITY LOAN TRUST, SERIES 2005-HE7,ASSET BACKED PASS-THROUGH CERTIFICATES (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS - EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1134 HSBC BANK USA, NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS- THROUGH CERTIFICATES v. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER owner(s) of property situate in LOWER MIFFLIN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 511 SHED ROAD,NEWVILLE,PA 17241-9766 Parcel No. 15-05-0413-015G (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $94,693.32 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain lot of ground together with the improvements erected thereon,situate in Lower Mifflin Township,Cumberland County,Pennsylvania,known as Lot No.7 in the Plan of Lots laid out by Larry V. Neidlinger,P.E.,dated May 18, 1976,bounded and described as follows: BEGINNING at a point at the corner of Lot No. 6 and Township Road#412;thence along Lot No.6,North sixty-five(65) degrees twenty(20)minutes East,two hundred(200)feet to the corner of Lot No.6 and lands now or formerly of Charles L.Bear and wife;thence along lands now or formerly of Charles L.Bear and wife,South twenty-four(24)degrees forty(40)minutes East one hundred fifty(150)feet to the corner of Lot No. 8 and lands now or formerly of Charles L.Bear and wife,South twenty-four(24)degrees forty(40) minutes East one hundred fifty(150)feet to the corner of Lot No. 8 and lands now or formerly of Charles L. Bear and wife;thence along Lot No. 8,now or formerly of Charles L.Bear and wife,South sixty-five(65) degrees twenty(20)minutes West two hundred(200)feet to the curb line of Township Road#412 and corner of Lot No. 8;thence along the curb line of Township Road#412,North twenty-four minutes West one hundred fifty(150)feet to the place of BEGINNING. CONTAINING 30,000 square feet. Said description taken from survey of Larry V.Neidlinger,dated May 18, 1976 and recorded in Plan Book No. 28,pg. 19. TITLE TO SAID PREMISES IS VESTED IN Jamie L. Finkenbinder, single adult man, by Deed from William N. Ebright, Jr., single adult man, dated 07/28/2005, recorded 08/03/2005 in Book 270, Page 1281. PREMISES BEING: 511 SHED ROAD,NEWVILLE,PA 17241-9766 PARCEL NO. 15-05-0413-015G WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 13-1134 Civil COUNTY OF CUMBERLAND) 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 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES Plaintiff(s) From JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER (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: $94,693.32 L.L.: $.50 Interest FROM 6/26/2013 TO DATE OF SALE($15.57 PER DIEM)-$2,522.34 Atty's Comm: Due Prothy: $2.25 Atty Paid: $198.75 Other Costs: Plaintiff Paid: Date: 6/25/13 / v Da, . ue , 'rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE SECURITIES CORP.HOME EQUITY LOAN TRUST,SERIES PH#806880 CD 2005-HE7,ASSET BACKED PASS-THROUGH CERTIFICATES o DEFENDANT SERVICE TEAM/lxh JAMIE FINKENBINDER A/K/A JAMIE L.FINKENBINDER COURT NO.: 13-1134 -p , r t SERVE JAMIE FINKENBINDER A/K/A JAMIE L. TYPE OF ACTION NOD ti=' O C FINKENBINDER AT: XX Notice of Sheriffs Sale i" Z :C-n 273 MEADOWS ROAD SALE DATE: December 4,2013 �� ' C�`; C-) NEWVILLE,PA 17241-9769p C=) SERVED Served and made known to JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER, Defendant on the ay of 20 L at _ - ,o'clock .M.,at in the manner described below: Defendant p rsonally served. \kAdult family member_with whom Defendant(s)reside(s). " Relationship is V 1 _Adult in charge of Defendant's resi ence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: Description: Age- = Height t3 Weight 13'�-'"S Race Sex T_Other I, �*k��'�N a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE:-- 1— NAME: PRINTED NAME: M TITLE: Yu w GAS S NOT SERVED On the day of 20_,at o'clock_.M.,1, a competent adult hereby state that a endant because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 J; I it✓ ti PRO fi-ONU TALC Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 2:..1!3 OCT -14 '1 BOA 'ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 C": .1 D E L r' N D COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- : Civil Division HE7, ASSET BACKED PASS-THROUGH CERTIFICATES • CUMBERLAND County Plaintiff • • No.: 13-1134 v. • JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 1, 2013. 2. Judgment was entered on June 25, 2013 in the amount of$94,693.32. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 806880 4. The Property is listed for Sheriffs Sale on December 4, 2013. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $85,121.24 Interest Through October 4, 2013 $11,224.68 Late Charges $352.60 Legal fees $2,075.00 Cost of Suit and Title $973.75 Property Inspections $75.00 Property Preservation $165.00 Escrow Deficit $4,980.60 TOTAL $104,967.87 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. No judge has previously entered a ruling in this case. 806880 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: (O (3/(3 By: /�, `• athan Lobb, Esquire ATTORNEY FOR PLAINTIFF 806880 • Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- : Civil Division HE7, ASSET BACKED PASS-THROUGH CERTIFICATES • CUMBERLAND County • Plaintiff • No.: 13-1134 • v. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes,hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 511 SHED ROAD,NEWVILLE, PA 17241- 9766. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 806880 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 806880 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 806880 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 806880 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center,68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 806880 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 806880 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 806880 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage,those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 3 f j By: / than Lobb, Esquire Attorney for Plaintiff 806880 Exhibit "A" 806880 • 1 1ILEU-OFFICE CF THE PROTHONOTARY I PHELAN HALLINAN,LLP 2UI3 JUN 25 RITE I Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034Ct1MBERLAND COUNTY 1617 JFK Boulevard,.Suite 1400- PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR ACE SECURITIES CORP. . HOME EQUITY LOAN TRUST,SERIES 2005- COURT OF COMMON PLEAS HET,ASSET BACKED PASS-THROUGH CERTIFICATES A : CIVIL DIVISION ttOrn PleaSe JAMIE FINKENBINDER ne}��,,, . "1/I, A/K/A JAMIE L.FINKENBINDER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMIE FINKENBINDER A/K/A JAMIE L.FINKENBINDER,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: Attorney As set forth in Complaint rue Copy $94,69332 eeso Return TOTAL $94,693.32 I hereby certify that(1)the Defendant's last known addresses are 273 MEADOWS ROAD,NEWVILLE,PA 17241-9769 and 511 SHED ROAD,NEWVILLE,PA 17241-9766, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6/Z'f/A oLo4t4pt Adam H.Davis,Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ____41a51(3 (. (lp, PHS#313119 PROTHONOTARY 313119 Exhibit "B" 806880 • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 24, 2013 JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD NEWVILLE,PA 17241-9769 RE: HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7,ASSET BACKED PASS-THROUGH CERTIFICATES v. JAMIE FINKENBINDER,A/K/A JAMIE L. FINKENBINDER Premises Address: 511 SHED ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 13-1134 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 9/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, 41142111—/— Jonathan Lobb,Esq., Id.No.312174 Attorney for Plaintiff Enclosure 806880 Name and. •Phelan Hallinan,LLP .i Address NO. 1617 JFK.Boulevard,Suite 1400 o 0 Of Sender One Penn Center Plaza 9 N Philadelphia;PA.14103 �KVM lit .= Line Article Number Name of Addressee,Streetx and P i:5 Office Address � • Postage ' t!r .:,j 1 • ***it JAMIE FINKENBII!IDER ., $0.43 !,��t v • 273 MEADOWS ROAD . w 4 NEWVILLE,PA 17241-4764 '' «, — 2 **** JAMIE FINKENB.INDER $0.45 tll ° w .i� . 511 SHED ROAD : ° �= NEWVIiEPA 17241-976 {D : nroa RE:JAMIE FINKENBINDER a A JAMIE L FINKENBINDER(CUMBERLAND) PH it$06880/1200 $135 ,'1',,,,`• Page l of 1 r oA Woos Listed D Sender Rxrovtd w Pau 91fke i1e of • :.The Rai declaration of hlaq is feQuesd CO ail 6owade and lnuraanoal registemd wt The maxit `*� t Wet Ne tod ty Tdd Nd a P erOkces Poumnav .oyesl •Por dr nsceatrnr tifla o[6oat*pftiebk da niseid=du Express Mail dc ramgmumn;nsu Y Raeasviag 11 pined u a limit of S$00.000 Per ootwsegs.7M>aaiimau=edcmnify piyabk au FWran M 7�tn '� Ibe maximum indwmity mask d$25,000:Rr rol isterod mnl,stns with cptiwl iasomfte.See D f. . . .. .. 8900591;era15921 for i+miutrotu6raevers e. Form 3877 Facsimile `° ;.a ✓. F tr. �m. Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- : Civil Division HE7, ASSET BACKED PASS-THROUGH CERTIFICATES • CUMBERLAND County • Plaintiff No.: 13-1134 • v. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JAMIE FINKENBINDER JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE, PA 17241-9769 NEWVILLE, PA 17241-9766 Phelan Hallinan,LLP DATE: / /3 43 By: / athan Lo■b,Esquire ATTORNEY FOR PLAINTIFF 806880 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- • Civil Division • HE7, ASSET BACKED PASS-THROUGH CERTIFICATES • CUMBERLAND County • Plaintiff • No.: 13-1134 • v. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant RULE AND NOW,this day of OUa 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T ' COURT J. C) na fri ^-! CD } ' C_, • 806880 nathan Lobb,Esq.,Id.No.312174 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 IE FINKENBINDERIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE, PA 17241-9769 NEWVILLE, PA 17241-9766 I es P2st 806880 0/9/t3 806880 Ro f HON 0-TA :. 25I3 OCT 21 AM 10: 08 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- • Civil Division HE7, ASSET BACKED PASS-THROUGH • CERTIFICATES • CUMBERLAND County Plaintiff • vs. • No.: 13-1134 • JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 9, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JAMIE FINKENBINDER JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE, PA 17241-9769 NEWVILLE, PA 17241-9766 Phe • • Hallinar DATE: \ \ By: M A •n F. Zil"'an • q., Id.No.309519 Attorney for ' a -ill 806880 a ( s. 4t, O N f F P j 1. LL13UQI -7 API : PHELAN HALLINAN,LLP Attorney o FS• tiff John Michael Kolesnik,Esq.,Id. No.308877 '`f` b �;L 4 NQ CO U ,, 1617 JFK Boulevard, Suite 1400 'Et $�(j �,r� �� One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION,AS : CUMBERLAND COUNTY TRUSTEE FOR ACE SECURITIES CORP.HOME . EQUITY LOAN TRUST,SERIES 2005-HE7,ASSET : COURT OF COMMON PLEAS BACKED PASS-THROUGH CERTIFICATES Plaintiff, CIVIL DIVISION v. No.: 13-1134 JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached he l ibit"A". Joh, v, ael Kolesnik,Esq.,Id.No.308877 . torney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#806880 =.--;73,,,,,Yom':h ,"•C'4.(-' "�, ',1, Lys Y aTACe A1z.}.i�7k.:.-7.�`.':,,, ,:1, .i•,-,r £ a__E t li � 2S if-ig . 1 ' « 11 .ii list L 7 141 Iriiiit Et 1 11 ti M 41. 01 . • « • z 1 i P ag , r .. . iA .i p 54E a ? V Y g'AC q tom. g t• 4 - _, a s 16a y 1 4i A le i.e.8; '''.. il la a— g a itu' 4 c flUb ..�"C °� � � •e *1f3 .Sa ° 0 "' a boa :c�a rav :� i.4 —' a. C,) .1 ;... 074 z till •=1,-i =.1v,e,%rigirgt.o. E ez1 Id t ,11-t ,,,t 1_ 14' 1 ra lir U A z d N ft ( - -F,- 1 y r'RO 6 n .ti 0001tu � Tr: ,�� ,. 2013 Nov -0 CIO: 12 CUMBERLAND COLINTy PENN SYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, • Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. • HOME EQUITY LOAN TRUST, SERIES 2005- Civil Division HE7, ASSET BACKED PASS-THROUGH • CERTIFICATES • CUMBERLAND County Plaintiff • • No.: 13-1134 vs. • JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant MOTION TO MAKE RULE ABSOLUTE HSBC BANK USA,NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 4, 2013. 806880 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 9, 2013 directing the Defendant to show cause by October 29, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 18, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: ii /7/13 By: / % J•Ahan Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 806880 Exhibit "A" 806880 • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 24,2013 JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD NEWVILLE, PA 17241-9769 RE: HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES v. JAMIE FINKENBINDER,A/K/A JAMIE L. FINKENBINDER Premises Address: 511 SHED ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 13-1134 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, I Jonathan Lobb,Esq., Id.No.312174 Attorney for Plaintiff Enclosure 806880 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- Civil Division HE7, ASSET BACKED PASS-THROUGH CERTIFICATES CUMBERLAND County Plaintiff No.: 13-1134 V. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant RULE AND NOW,this 911-\— day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT m - mac` 806880 Jonathan 1..,obb,Esq.,Id. No,312174 Phelan Hallinan, LEP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 50.L7000 FAX: (215) 563-3459 JAMIE:FINK ENB IN DER JAMIE FINK.EN HI NDER AIK/A JAMIE L. Fl NKENRENDER AlK/A JAMIE L. F1NKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE, PA 17241-9769 NEWVILLE, PA 17241-9766 806880 806880 Exhibit "B" 806880 JC ,HE PRO THQNoTAh;'( 2013 OCT 21 AM 10: 09 CUMBERLAND COUNTY PENNSYLVANIA ley File Copy Phelan Hallinan, LLP Ctl Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phel anhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- • Civil Division HE7,ASSET BACKED PASS-THE Copy CUMBERLAND County Plaintiff ate I�' 1=nrtt • vs. No.: 13-1134 JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 9, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. �:. k° JAMIE FINKENBINDER ,. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENB1NDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE,PA 17241-9769 NEWVILLE,PA 17241-9766 Phelan Hallinan LLP DATE: By: f (Al^lisOh F.Z).1 eri in *q., Id.No.309519 Attorney fa-Mill-gill 806880 • s Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- • Civil Division • HE7, ASSET BACKED PASS-THROUGH CERTIFICATES • CUMBERLAND County • Plaintiff vs. • No.: 13-1134 JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JAMIE FINKENBINDER JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER A/K/A JAMIE L. FINKENBINDER 273 MEADOWS ROAD 511 SHED ROAD NEWVILLE, PA 17241-9769 NEWVILLE, PA 17241-9766 Phelan Hallinan, LLP DATE: ///7 //3 _ By: Jon.. an Lobb, Esq., Id.No.312174 Attorney for Plaintiff 806880 u 'tµk ED Dnf i1 iI1!F I 'lk 13 NOV 14 AM 1 514 C'UM ERLAND COUNTY PEN14SYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005- Civil Division HE7, ASSET BACKED PASS-THROUGH CERTIFICATES CUMBERLAND County Plaintiff No.: 13-1134 vs. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Defendant ORDER AND NOW, this /q' day of 0 -4K , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $85,121.24 Interest Through October 4, 2013 $11,224.68 Late Charges $352.60 Legal fees $2,075.00 Cost of Suit and Title $973.75 Property Inspections $75.00 Property Preservation $165.00 806880 Escrow Deficit $4,980.60 TOTAL $104,967.87 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT: J. C ��5 /7& J. kSb 806880 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY „,attirrrrt�r t.. OF OE r HSS RfF PENNSYLVANIA HSBC Bank USA, National Association vs. Jamie Finkenbinder a /k/a Jamie L. Finkenbinder Case Number 2013 -1134 SHERIFF'S RETURN OF SERVICE 09/23/2013 02:05 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled.action, upon the property located at 511 Shed Road, Lower Mifflin - Township, Newville, PA 17241, Cumberland County. 10/07/2013 06:53 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Amy Finkenbinder, Wife. 10 -27 -2013 DLK, who accepted as "Adult Person in Charge" for Jamie Finkenbinder a /k /a Jamie L. Finkenbinder at 273 Meadows Rd., Lower Mifflin Twp., Newville, PA 17241, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2005 -HE7, Asset Backed Pass - Through Certiciates, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $842.25 SO ANSWERS, February 18, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. a. S <- 'i'/ 303 9-/ L ) _, On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 511 Shed Road, Newville, as Exhibit "A" filed with this ,writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -1134 Civil Term HSBC BANK USA, NATIONAL ASSOCIATION vs. JAMIE FINKENBINDER a /k /a JAMIE L. FINKENBINDER Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -1134 HSBC BANK USA, NA- TIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005 -HE7, ASSET BACKED PASS - THROUGH CERTIFICATES v. JAMIE FINKENBINDER a /k /a JAMIE L. FINKENBINDER owner(s) of property situate in LOWER MIFFLIN TOWN- SHIP, CUMBERLAND County, Penn- sylvania, being 511 SHED ROAD, NEWVILLE, PA 17241 -9766. Parcel No. 15 -05- 0413 -015G. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $94,693.32. 56 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 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. Lis, Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 '- The'Patriot -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 the patriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. 2013 -1134 ClvII Term HSBC BANK USA, NATIONAL ASSOCIATION vs. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -1134 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ACE SECURITIES CORP HOME EQUITY LOAN TRUST, SERIES 2005 - HE7, ASSET BACKED PASS THROUGH CERTIFICATES v. JAMIE FINKENBINDER A/K/A JAMIE L. FINKENBINDER owner(s) of property situate in LOWER MIFFLIN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 511 SHED ROAD, NEWVILLE, PA 17241- 9766 Parcel No. 15-05-0413-015G (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $94,693.32 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to s b .cribed before me t 11 day of November, 2013 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOISATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HSBC Bank USA as Trustee for ACE Securities Corp Home Equity Loan Trust Series 2005 -HE7 Asset Backed Pass - Through Certificates is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 25th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1134, at the suit of HSBC Bank USA as Trustee for ACE Securities Corp Home Equity Loan Trust Series 2005 -HE7 Asset Backed Pass - Through Certificates against Jamie Finkenbinder a/k/a Jamie L. Finkenbinder is duly recorded as Instrument Number 201406837. IN TESTIMONY WHEREOF, Ih�ave hereunto set my hand. r 7 and seal of said office this ` -M day of April , A.D. a o j y Recorder of Deeds Recorder of eds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018