HomeMy WebLinkAbout13-2129 Supreme Cou. — f Pennsylvania
9 ,•.mac
Co ur '' Com 'Pleas
For Prothonotary Use Only:
het
CiJ County Docket No:
f
The information collected on this form is used solely for court administration purposes. This form does not
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supplement or replace the filing and service of leadin s or other papers as required by law or rules of court.
f Commencement of Action:
S x❑ Complaint ❑ Writ of Summons ❑ Petition
1 E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: HSBC BANK USA, NATIONAL Lead Defendant's Name: MANUEL E. CORDEIRO A/K/A
ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MANUEL CORDEIRO
T
MORTGAGE TRUST 2007 -A5
? O Are money damages requested? El Yes 9 N Dollar Amount Requested: El within arbitration limits
f (Check one) outside arbitration limits
N Is this a Class Action Suit? ❑ Yes N No Is this an MDJ Appeal? ❑ Yes Z No
A Name of Plaintiff /Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, Phelan Hallinan LLP
(-
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
' Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more -than one type of- claim, check the one that.
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
f T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
E Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
El Dental
El Partition ❑Replevin
❑ Legal ❑Quiet Title El Other:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01101/2011
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CUMBERLAND COUNTy
PENIJS YLVANIA
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
HSBC BANK USA, NATIONAL ASSOCIATION, AS
TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST COURT OF COMMON PLEAS
2007 -A5
1111 POLARIS PARKWAY CIVIL DIVISION
COLUMBUS, OH 43240
TERM
Plaintiff
V. N o. 13 -a1� ni
MANUEL E. CORDEIRO CUMBERLAND COUNTY
AWA MANUEL CORDEIRO
DRENDA S. CORDEIRO
505 LEEWARD LANE
ENOLA, PA 17025 -1348
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 215932 9 1/ nq
r
1. Plaintiff is
HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN
MORTGAGE TRUST 2007 -A5
1111 POLARIS PARKWAY
COLUMBUS, OH 43240
2. The name(s) and last known address(es) of the Defendant(s) are:
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
505 LEEWARD LANE
ENOLA, PA 17025 -1348
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/21/2007 MANUEL E. CORDEIRO and DRENDA S. CORDEIRO made, executed
and delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR QUICKEN
LOANS, INC. which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1985, Page 1729. By Assignment of
Mortgage recorded 02/13/2013 the mortgage was assigned to HSBC BANK USA,
NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2007 -A5 which Assignment is recorded in Assignment of Mortgage Instrument
No. 201304903. The mortgage and assignment(s), if any, are matters of public record and
are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule
relieves the Plaintiff from its obligations to attach documents to pleadings if those
documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2008 and each month thereafter are due and unpaid, and by the terms
File #: 215932
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage as of 03/21/2013:
Principal Balance $733,752.23
Interest at an Adjustable Rate $182,826.80
11/01/2008 through 02/28/2013
Late Charges $1,758.00
Property Inspections $400.00
Escrow Advance $74,609.69
Subtotal $993,346.72
Suspense Balance 184.10
TOTAL $993,162.62
7. Plaintiff is not seeking a judgment of personal liability (or an in persona m judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. 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
been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as
provided by said notice has terminated because Defendant(s) has/have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
File #: 215932
� 7
9. The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$993,162.62, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN , LLP
By:
son . Zu rman, sq., Id. No.309519
Attorney for Plaintiff
File #: 215932
LEGAL DESCRIPTION
ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township,
Cumberland County, Pennsylvania; designated as Unit No. RB 8 on the Preliminary/Final
Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November
15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in
and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being
designated as Unit No. RB 8 in a Declaration of River Bend, A Planned Community, dated
October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, in Miscellaneous Book 591, Page 477; also designated as Unit No. RB 8 on the Final
Subdivision and Lot Add -On Plan for Wright, Cordeiro & River Bend Subdivision, prepared by
Rettew Associates, Inc., dated July 13, 2001, being further bounded and described as follows, to
wit:
BEGINNING at a point on the Southern right -of -way line of Leeward Lane at the Northwest
corner of Lot No. RB 7 of RiverBend; thence along said Lot South 00 degrees 27 minutes 55
seconds West, a distance of 263.55 feet to a point on the Northern line of Lot No. 5 of River
Bend as recorded in Plan Book 65, Page 123; thence along said Lot and also along Lot No. 4 of
RiverBend South 84 degrees 03 minutes 28 seconds West, a distance of 125.81 feet to an existing
stone corner; thence continuing along Lot No. 4 of River Bend, South 60 degrees 05 minutes 38
seconds West, a distance of 26.95 feet to a point at the Southeast corner of lands now or formerly
of John A. and Bonita M. Wright; thence along said lands of Wright, the following three (3)
courses: (1) North 13 degrees 09 minutes 22 seconds West, a distance of 155.53 feet to a point;
(2) North 23 degrees 03 minutes 49 seconds West, a distance of 86.90 feet to a point; (3) North
72 degrees 43 minutes 44 seconds East, a distance of 102.15 feet to a point on the cul -de -sac bulb
File #: 215932
of Leeward Lane; thence along said bulb by a line curving to the left having a radius of 50.00 feet,
an arc length of 100.31 feet and a chord bearing of North 81 degrees 40 minutes 48 seconds East,
a distance of 84.31 feet to a point at the Western terminus of a 20 foot radius curve connecting
the cul -de -sac bulb of Leeward Lane to the Southern right -of -way line of Leeward Lane; thence
along said curve, by a line curving to the right having a radius of 20.00 feet, an arc length of 19.25
feet and a chord bearing of North 51 degrees 47 minutes 03 seconds East, a distance of 18.52 feet
to point on the Southern right -of -way line of Leeward Lane; thence along the Southern right -of-
way line of Leeward Lane, North 79 degrees 21 minutes 34 seconds East, a distance of 25.00 feet
to a point, the Place of BEGINNING.
CONTAINING 1.01 acres and being Lot RB 8, as shown on the Final Subdivision and Lot Add -
On Plan for Wright, Cordeiro & RiverBend Subdivision, prepared by Rettew Associates, Inc.,
dated July 13, 2001.
BEING a portion of the same premises which Alan S. Meminger, a married man, by deed dated
March 24, 1998 and recorded March 27, 1998, in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 174, Page 200, granted and conveyed to River Bend
Management Limited Partnership, Grantor herein.
ALSO BEING part of the same property which RiverBend Management Limited Partnership, by
its Deed dated November 17, 2000 and recorded November 20, 2000, in the Office of the
Recorder of Deeds in and for Cumberland County, in Deed Book 234, Page 326, granted and
conveyed unto Manual Cordeiro and Drenda S. Cordeiro, husband and wife.
File k 215932
Y }
PROPERTY ADDRESS: 505 LEEWARD LANE, ENOLA, PA 17025 -1348
PARCEL # 09 -11- 3004 -097.
File #: 215932
Pennsylvania Verification
+ l Litt hereby states that hq sh s Vice President of JPMorgan Chase Bank, N.A.
as Attorney -In -Fact for the Plaintiff -in this matter, and is authorized to make this Verification. The
statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of my information, and belief. I understand that this statement is made subject
to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Vice President
Date:
JPMorgan Chase Bank, N.A. as Attorney -In -Fact for the Plaintiff
Borrower: MANUEL E. CORDEIRO and DRENDA S. CORDEIRO
Property Address: 505 LEEWARD LANE, ENOLA, PA 17025 -1348
County: CUMBERLAND
Last Four of Loan Number: 4706
File #: 215932
FORM 1
IN THE COURT OF COMMON PLE4S r ,,, = �
HSBC BANK USA, NATIONAL ASSOCIATION, OF CUMBERLAND COUNTY, PENNSY Alm
AS TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2007 -A5
Plaintiff(s) )
VS. �O y „ p--
Z a C .
MANUEL E. CORDEIRO A/K/A MANUEL G do —i
CORDEIRO
DRENDA S. CORDEIRO
Defendant(s) Civil
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 a court - supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, 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 no charge
to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative
within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with
all 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 prepare
and 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 out 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 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 prepare and file a Request for Conciliation Conference with the Court, which must be
filed 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
out reasonable arguments 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 lis . Zucke n, Esq., Id.
No.309519
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to the
best of your knowledge:
CUSTOMER[PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INFORMATION FINANCIAL
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
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. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care/Tuit. Other Expenses
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:
r
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 known, regarding your lender and lender's loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above named
to usetrefer this information to my lender /servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. We understand that I/we am/are under no obligation to use
the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
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)
i s
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 17013
(717) 249 -3166
(800) 990 -9108
File #: 215932
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff �t�.i)�t�� •��: �C�� �'��°
Jody S Smithtititir rry�,x vi
Chief Deputy
Richard W Stewart "" !DD
Solicitor OF--I i AFTHEVt RfFk �;t3R'p��YL`d A,
HSBC Bank USA, National Association, as Trustee for J.P. Morgan Mortga Case Number
vs.
Manuel E. Cordeiro (et al.) 2013-2129
SHERIFF'S RETURN OF SERVICE
05/01/2013 04:55 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:
Drenda S. Cordeiro at 310 11th Street, New Cumberland Borough, New mberland, PA 17070.
I N GUTSH
05/02/2013 06:40 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be B. Bendure, who accep d as"Adult Person in
Charge"for Occupant at 505 Leeward Lane, East Pennsboro Township,jF , PA 17025.
IAM CLINE, DEPUTY
05/08/2013 Shannon Shertzer, Deputy Sheriff served the requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure by"personally" handing a true copy to a
person representing themselves to be the Defendant, to wit: Manuel E. Cordeiro at the Cumberland
County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. The defendant provided a home
address of 647 Herrin Lane, Enola, PA 17025.
SHANNON SHERTZER, DEPUTY
SHERIFF COST: $63.21 SO ANSWERS,
May 08, 2013 RbNW R ANDERSON, SHERIFF
(c)CountySuiie Sheriff,Teleosott,Inc.
-Jit,i. ri-t f�kh .f3
4 ,
- i .- 1�.1
PHELAN HALLINAN, LLP „ _ ti Q: 146 Attorney for Plaintiff
Adam H. Davis,Esq., Id. No.2030341 JUL
1617 JFK Boulevard, Suite 1400 ��
One Penn Center Plaza JEp4lSYLV'A"'�
Philadelphia, PA 19103
215-563-7000 C.
HSBC BANK USA,NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR J.P.MORGAN MORTGAGE .
TRUST 2007-A5 COURT OF COMMON PLEAS
vs. • CIVIL DIVISION
MANUEL E.CORDEIRO ▪ No.13-2129 CIVIL
A/K/A MANUEL CORDEIRO .
DRENDA S.CORDEIRO .•
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 MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO and DRENDA S. CORDEIRO, Defendant(s)for failure to
file an Answer to Plaintiffs 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 $993,162.62
TOTAL $993,162.62
I hereby certify that (1) the Defendants' last known addresses are 647 HERRIN LN,
ENOLA, PA 17025-1614, 505 LEEWARD LANE, ENOLA, PA 17025-1348, and 310 11TH ST,
NEW CUMBERLAND, PA 17070-1308, and (2)that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date 7 /1// / ■ A`' Afl/61/t�
Adam H. Davis,Esq., Id. No.203034 fi
Atto for intif
CYDAMAGES R HEREBY ASSESSED AS INDICATED.
DATE: 7 /J w
PHS#215932 PROTHONOTARY
cowl iLD.5tX1 C?hO
CIC...# /3030(0'6
215932
e#a9a&c:21
Not) ',) Aitat-61
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 ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR J.P.MORGAN MORTGAGE COURT OF COMMON PLEAS
TRUST 2007-A5
. CIVIL DIVISION
vs. •
. No. 13-2129 CIVIL
MANUEL E.CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S.CORDEIRO
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 MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO is
over 18 years of age and has last known addresses at 647 HERRIN LN, ENOLA, PA 17025-
1614 and 505 LEEWARD LANE, ENOLA, PA 17025-1348.
(c) that defendant DRENDA S. CORDEIRO is over 18 years of age and has last
known addresses at 310 11TH ST, NEW CUMBERLAND, PA 17070-1308 and 505 LEEWARD
LANE, ENOLA, PA 17025-1348.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date 7/f// 3 `cgArdA. ■#""
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
215932
Department of Defense Manpower Data Center Results as of:Jul-01-201312:09:33
SCRA 3.0
x.7 tsq.
errs
Status Report
Pursuatnt to Servicernembers Civil Relief Act
Last Name: CORDEIRO
First Name: DRENDA
Middle Name: S
Active Duty Status As Of: Jul-01-2013
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.Mo./ A
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Results as of:Jul-01-2013 12:09:32
Department of Defense Manpower Data Center
SCRA 3.0
.s' Status Report
Pursuant to Servieentembers Civil Relief Act
Last Name: CORDEIRO
First Name: MANUEL
Middle Name: E
Active Duty Status As Of: Jul-01-2013
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.
Ault
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of Jul-01-2013 72 20 37
SCRA 3.0
U
°'mot
#
G , row,�.
may,
r�u
Pursuant to Sereicemembers Civil Relief Act
Last Name: CORDEIRO
First Name: MANUEL
Middle Name:
Active Duty Status As Of: Jul-01-2013
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.
Thaltit YA_
L
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 J.P. .
MORGAN MORTGAGE TRUST 2007-A5 : COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO : No. 13-2129 CIVIL
DRENDA S. CORDEIRO
Notice is given that a Judgment in the above captioned matter has been entered
against you on ? .
4.°) (:),
, c ,
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.**
215932
HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS
AS TRUSTEE FOR J.P.MORGAN MORTGAGE
TRUST 2007-A5 CIVIL DIVISION
Plaintiff
v. NO. 13-2129 CIVIL
MANUEL E.COR.DEIRO
A/K/A MANUEL CORDEIRO CUMBERLAND COUNTY
DRENDA S.CORDEIRO
Defendant(s)
TO: MANUEL E.CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S.CORDEIRO
C/O WILLIAM L.ADLER,ESQUIRE
4949 DEVONSHIRE ROAD
HARRISBURG,PA 17109
DATE OF NOTICE:
THIS FIRM IS A DEB Cd .LECTOR 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 CARUST..>I,PA 17013
02 249-3166
By:
Jo"417)
obb,Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#215932
HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS
AS TRUSTEE FOR J.P.MORGAN MORTGAGE
TRUST 2007-A5 CIVIL DIVISION
Plaintiff
v. NO. 13-2129 CIVIL
MANUEL E.CORDEIRO
A/K/A MANUEL CORDEIRO CUMBERLAND COUNTY
DRENDA S.CORDEIRO
Defendant(s)
TO: DRENDA S.CORDEIRO
505 LEEWARD LANE
ENOLA,PA 17025-1348
DATE OF NOTICE: it 7/13
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: f t _ e.`
Je athan Lolb,Esq., Id.No. 12174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#215932
HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS
AS TRUSTEE FOR J.P.MORGAN MORTGAGE
TRUST 2007-A5 CIVIL DIVISION
Plaintiff
v. NO. 13-2129 CIVIL
MANUEL E.CORDEIRO
A/KIA MANUEL CORDEIRO CUMBERLAND COUNTY
DRENDA S.CORDEIRO
Defendant(s)
TO: DRENDA S.CORDEIRO
310 11TH ST
NEW CUMBERLAND,PA 17070-1308
DATE OF NOTICE: <41
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 DA'1'b 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;
JOnf an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#215932
HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS
AS TRUSTEE FOR J.P.MORGAN MORTGAGE
TRUST 2007-A5 CIVIL DIVISION
Plaintiff
v. NO. 13-2129 CIVIL
MANUEL E.CORDEIRO
A/K/A MANUEL CORDEIRO CUMBERLAND COUNTY
DRENDA S.CORDEIRO
Defendant(s)
TO: MANUEL E.CORDEIRO
A/K/A MANUEL CORDEI.RO
505 LEEWARD LANE
ENOLA,PA 17025-1348
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:
.1(Pathan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#215932
HSBC BANK USA,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS
AS TRUSTEE FOR J.P.MORGAN MORTGAGE
TRUST 2007-A5 CIVIL DIVISION
Plaintiff
v. NO. 13-2129 CIVIL
MANUEL E.CORDEIRO
A/K/A MANUEL CORDEIRO CUMBERLAND COUNTY
DRENDA S.CORDEIRO
Defendant(s)
TO: MANUEL E.CORDEIRO
A/K/A MANUEL CORDEIRO
647 HERRIN LN
ENOLA,PA 17025-1614
DATE OF NOTICE: (lit 7/I)
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:
3 athan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#215932
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. COURT OF COMMON PLEAS
MORGAN MORTGAGE TRUST 2007-A5
Plaintiff : CIVIL DIVISION
v. : NO.: 13-2129 CIVIL
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO •
DRENDA S. CORDEIRO CUMBERLAND COUNTY
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $993,162.62 r
Interest from 07/03/2013 to Date of Sale $25,305.30 P C ==
($163.26 per diem) o -
--t ._
TOTAL $1,018,467.92
Gf," ,, -
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PHS#215932 •
3, a/ Clime
1(e _SO " `�
io.11gtg a
-biAo
h. Sri c�c�
Ok 1 t2( io)
- 9acos3i
64- 42 .19
LEGAL DESCRIPTION
ALL THAT CERTAIN piece,parcel or lot of lands situate in East Pennsboro Township,Cumberland
County,Pennsylvania;designated as Unit No.RB 8 on the Preliminary/Final Subdivision Plan by Renew
Associates,for River Bend,A Planned Community dated November 15, 1996,last amended January 7, 1999
and recorded in the Office of the Recorder of Deeds in and for Cumberland County on February 24, 1999,in
Plan Book 78,Page 75,and being designated as Unit No.RB 8 in a Declaration of River Bend,A Planned
Community,dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County,in Miscellaneous Book 591,Page 477;also designated as Unit No.RB 8 on the Final
Subdivision and Lot Add-On Plan for Wright,Cordeiro&River Bend Subdivision,prepared by Renew
Associates,Inc.,dated July 13,2001,being further bounded and described as follows,to wit:
BEGINNING at a point on the Southern right-of-way line of Leeward Lane at the Northwest corner of Lot
No.RB 7 of RiverBend;thence along said Lot South 00 degrees 27 minutes 55 seconds West,a distance of
263.55 feet to a point on the Northern line of Lot No.5 of River Bend as recorded in Plan Book 65,Page 123;
thence along said Lot and also along Lot No.4 of RiverBend South 84 degrees 03 minutes 28 seconds West,
a distance of 125.81 feet to an existing stone corner;thence continuing along Lot No.4 of River Bend,South
60 degrees 05 minutes 38 seconds West,a distance of 26.95 feet to a point at the Southeast corner of lands
now or formerly of John A.and Bonita M.Wright;thence along said lands of Wright,the following three(3)
courses: (1)North 13 degrees 09 minutes 22 seconds West,a distance of 155.53 feet to a point;(2)North 23
degrees 03 minutes 49 seconds West,a distance of 86.90 feet to a point;(3)North 72 degrees 43 minutes 44
seconds East,a distance of 102.15 feet to a point on the cul-de-sac bulb of Leeward Lane;thence along said
bulb by a line curving to the left having a radius of 50.00 feet,an arc length of 100.31 feet and a chord
bearing of North 81 degrees 40 minutes 48 seconds East,a distance of 84.31 feet to a point at the Western
terminus of a 20 foot radius curve connecting the cul-de-sac bulb of Leeward Lane to the Southern right-of-
way line of Leeward Lane;thence along said curve,by a line curving to the right having a radius of 20.00
feet,an arc length of 19.25 feet and a chord bearing of North 51 degrees 47 minutes 03 seconds East,a
distance of 18.52 feet to point on the Southern right-of-way line of Leeward Lane;thence along the Southern
right-of-way line of Leeward Lane,North 79 degrees 21 minutes 34 seconds East,a distance of 25.00 feet to
a point,the Place of BEGINNING.
CONTAINING 1.01 acres and being Lot RB 8,as shown on the Final Subdivision and Lot Add-On Plan for
Wright,Cordeiro&RiverBend Subdivision,prepared by Renew Associates,Inc.,dated July 13,2001.
TITLE TO SAID PREMISES VESTED by a Corrective Deed from Manuel Cordeiro and
Drenda S. Cordeiro, h/w, by Deed from Manuel Cordeiro and Drenda S. Cordeiro, h/w, dated
08/23/2001,recorded 09/06/2001 in Book 248,Page 1407.
PREMISES BEING:505 LEEWARD LANE,ENOLA,PA 17025-1348
PARCEL NO.09-11-3004-097.
PHELAN HALLINAN LLP ' Q T'I'' °0 i Attorneys for Plaintiff
, a� i I i k,lall 'P�=.
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400 2313 JUL -2 Ali 10 1
One Penn Center Plaza
Philadelphia, PA 19103 CUMBERLAND COUN \t'
215-563-7000 PENNSYLVANIA,
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE : COURT OF COMMON PLEAS
FOR J.P. MORGAN MORTGAGE TRUST 2007-A5
Plaintiff : CIVIL DIVISION
v. : NO.: 13-2129 CIVIL
•
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO : CUMBERLAND COUNTY
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
( ) the premises is vacant
(X) 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: YdArtel/
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Y
HSBC BANK USA,NATIONAL ASSOCIATION,AS COURT OF COMMON PLEAS
TRUSTEE FOR J.P.MORGAN MORTGAGE TRUST •
2007-A5 • CIVIL DIVISION
Plaintiff •
•
NO.: 13-2129 CIVIL
v. •
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO • CUMBERLAND COUNTY
DRENDA S. CORDEIRO
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE TRUST 2007-A5,
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 505 LEEWARD LANE,ENOLA,PA 17025-1348.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MANUEL E.CORDEIRO 647 HERRIN LN,
A/K/A MANUEL CORDEIRO ENOLA,PA 17025-1614
505 LEEWARD LANE,
ENOLA,PA 17025-1348 to T
Frl
DRENDA S.CORDEIRO 310 11TH ST,
NEW CUMBERLAND,PA 17070-1308 -�: f r,
t~
2. Name and address of Defendant(s)in the judgment: n ,
Name Address(if address cannot be reasonably = Cf
•
ascertained,please so indicate)
MANUEL E.CORDEIRO 647 HERRIN LN,
A/K/A MANUEL CORDEIRO ENOLA,PA 17025-1614
505 LEEWARD LANE,
ENOLA,PA 17025-1348
DRENDA S.CORDEIRO 310 11TH ST,
NEW CUMBERLAND,PA 17070-1308
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)
JEFFREY V.DURKISH 17 FROST LANE
DILLSBURG,PA 17019
JEFFREY V.DURKISH PO BOX 650
C/O GREGORY A.KOGUT,JR.,ESQUIRE HERSHEY,PA 17033
PHS #215932
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
ONEWEST BANK,F.S.B. 888 EAST WALNUT STREET
PASADENA,CA 91101
ONEWEST BANK,F.S.B. ALT.19 NORTH
C/O NTC PALM HARBOR,FL 34683
ATTN:JESSICA FRETWELL
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 505 LEEWARD LANE
ENOLA,PA 17025-1348
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
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
PHS #215932
MANUEL E.CORDEIRO A/K/A MANUEL 4949 DEVONSHIRE ROAD
CORDEIRO&DRENDA S.CORDEIRO HARRISBURG,PA 17109
C/O WILLIAM L.ADLER,ESQUIRE
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: 7/1 7/ j By: /Fgc efrh.1
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 #215932
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE : COURT OF COMMON PLEAS
FOR J.P. MORGAN MORTGAGE TRUST 2007-A5
: CIVIL DIVISION
Plaintiff :
: NO.: 13-2129 CIVIL
vs.
•
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO : CUMBERLAND COUNTY
DRENDA S. CORDEIRO
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ->
r r+i
err
TO MANUEL E. CORDEIRO MANUEL E. CORDEIRO - =,
A/K/A MANUEL CORDEIRO A/K/A MANUEL CORDEIRO:<)> ry ,
647 HERRIN LN 505 LEEWARD LANE o ,, :"-
ENOLA,PA 17025-1614 ENOLA,PA 17025-1348
DRENDA S. CORDEIRO = crl
310 11TH ST
NEW CUMBERLAND,PA 17070-1308
**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 505 LEEWARD LANE,ENOLA,PA 17025-1348 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$993,162.62 obtained by HSBC BANK USA,NATIONAL
ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE TRUST 2007-A5 (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. 13-2129 CIVIL
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. MORGAN
MORTGAGE TRUST 2007-A5
v.
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
505 LEEWARD LANE, ENOLA,PA 17025-1348
Parcel No.09-11-3004-097.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $993,162.62
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN piece,parcel or lot of lands situate in East Pennsboro Township,Cumberland
County,Pennsylvania;designated as Unit No.RB 8 on the Preliminary/Final Subdivision Plan by Rettew
Associates,for River Bend,A Planned Community dated November 15, 1996,last amended January 7, 1999
and recorded in the Office of the Recorder of Deeds in and for Cumberland County on February 24, 1999,in
Plan Book 78,Page 75,and being designated as Unit No. RB 8 in a Declaration of River Bend,A Planned
Community,dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County,in Miscellaneous Book 591,Page 477;also designated as Unit No.RB 8 on the Final
Subdivision and Lot Add-On Plan for Wright,Cordeiro&River Bend Subdivision,prepared by Rettew
Associates,Inc.,dated July 13,2001,being further bounded and described as follows,to wit:
BEGINNING at a point on the Southern right-of-way line of Leeward Lane at the Northwest corner of Lot
No.RB 7 of RiverBend;thence along said Lot South 00 degrees 27 minutes 55 seconds West,a distance of
263.55 feet to a point on the Northern line of Lot No.5 of River Bend as recorded in Plan Book 65,Page 123;
thence along said Lot and also along Lot No.4 of RiverBend South 84 degrees 03 minutes 28 seconds West,
a distance of 125.81 feet to an existing stone corner;thence continuing along Lot No.4 of River Bend,South
60 degrees 05 minutes 38 seconds West,a distance of 26.95 feet to a point at the Southeast corner of lands
now or formerly of John A.and Bonita M.Wright;thence along said lands of Wright,the following three(3)
courses: (1)North 13 degrees 09 minutes 22 seconds West,a distance of 155.53 feet to a point;(2)North 23
degrees 03 minutes 49 seconds West,a distance of 86.90 feet to a point;(3)North 72 degrees 43 minutes 44
seconds East,a distance of 102.15 feet to a point on the cul-de-sac bulb of Leeward Lane;thence along said
bulb by a line curving to the left having a radius of 50.00 feet,an arc length of 100.31 feet and a chord
bearing of North 81 degrees 40 minutes 48 seconds East,a distance of 84.31 feet to a point at the Western
terminus of a 20 foot radius curve connecting the cul-de-sac bulb of Leeward Lane to the Southern right-of-
way line of Leeward Lane;thence along said curve,by a line curving to the right having a radius of 20.00
feet,an arc length of 19.25 feet and a chord bearing of North 51 degrees 47 minutes 03 seconds East,a
distance of 18.52 feet to point on the Southern right-of-way line of Leeward Lane;thence along the Southern
right-of-way line of Leeward Lane,North 79 degrees 21 minutes 34 seconds East,a distance of 25.00 feet to
a point,the Place of BEGINNING.
CONTAINING 1.01 acres and being Lot RB 8,as shown on the Final Subdivision and Lot Add-On Plan for
Wright,Cordeiro&RiverBend Subdivision,prepared by Rettew Associates,Inc.,dated July 13,2001.
TITLE TO SAID PREMISES VESTED by a Corrective Deed from Manuel Cordeiro and
Drenda S. Cordeiro, h/w, by Deed from Manuel Cordeiro and Drenda S. Cordeiro, h/w, dated
08/23/2001, recorded 09/06/2001 in Book 248, Page 1407.
PREMISES BEING: 505 LEEWARD LANE,ENOLA,PA 17025-1348
PARCEL NO.09-11-3004-097.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-2129 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 J.P.MORGAN MORTGAGE TRUST 2007-A5 Plaintiff(s)
From MANUEL E.DORDEIRO A/K/A MANUEL CORDEIRO,DRENDA S.CORDEIRO
(I) 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: $993,162.62 L.L.: $.50
Interest FROM 7/3/2013 TO DATE OF SALE($163.26 PER DIEM)-$25,305.30
Atty's Comm: Due Prothy: $2.25
Atty Paid: $211.96 Other Costs:
Plaintiff Paid:
Date: 7/2/13 --
ZeL
David D. Buell, Prothonota
(Seal) �/ / //
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
J.P.MORGAN MORTGAGE TRUST 2007-A5 PH#749777
DEFENDANT SERVICE TEAM/lxh
MANUEL E.CORDEIRO A/K/A MANUEL CORDEIRO COURT NO.:1.3-2129 CIVIL
DRENDA S.CORDEIRO
SERVE MANUEL E.CORDEIRO AMA MANUEL CORDEIRO AT: TYPE OF ACTION
647 HERRIN LN XK Notice of Sheriff's Sale
ENOLA,PA 17025-1614 SALE DATE: December 4,2013
SERVED
Served and made known to MANUEL E.CORDEIRO A/K/A MANUEL CORDEIRO,Defendant on the �'day of AiJ GU! f-
at
2 o'clock .M.,at C4'' HEN W/ Pp ,in the manner described below:
i�
Defendant pArsonally served. r�
Adult family member with whom Defendant(s)reside(s). G w --
Relationship is .Sc ! S�C(�� -0� v) F
_Adult in charge of Defendant's residence who refused to give name or relationship. n
Manager/Clerk of place of lodging in which Defendant(s)reside(s). =r- t
Agent or person in charge of Defendant's office or usual place of business. 0 3 I
_ an officer of said Defendant's company. r--
_Other: y>r-) tZ c i
zt) a CD s-
Description: Age `S Height 'Weight Race G Sex iI Other y- i
I, a competent adult,hereby verify that I personally handed a true and correct c py®fathe r
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. t
DATE: 1(�} NAME:
PRINTED NAME: or4 ecw
TIME:
NOT SERVED
On the da y _.-
of 20 ,at o'clock M.,1, a competent adult hereby
state that e end
ant NOT FOUND 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
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR
J.P.MORGAN MORTGAGE TRUST 2007-A5 PH#709777
DEFENDANT SERVICE TEAM/lxh as
MANUEL E.CORDEIRO A/K/A MANUEL CORDEIRO COURT NO.:13.21.29 CIVIL
DRENDA S.CORDEIRO C r�
G
SERVE DRENDA S.CORDEIRO AT: TYPE OF ACTION r'-t—
31011TH ST XX Notice of Sheriff's Sale - } +'�
NEW CUMBERLAND,PA 17070-1308 SALE DATE: December 4,201 � t �C
SERVED t''a :pp C3:'n
Served and made known to DRENDA S.CORDEIRO,Defendant on the V> day of ,20� ,
vt ,o'clock1M.,at t2- in the manner described below: y
Defendant personally served. �
Adult family member with whom Defendant(s)reside(s).
Relationship is��t7 ! .
_Adult in charge of Defendant's residence 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 Weight Race Sex Other
I, (*)T*k;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
unswom falsification to authorities. (44 �� �
DATE: 10(S NAME: !``N O_"`.
( ,"-
PRINTED NAME: ktjG
TITLE:
NOT SERVED
On the day of 20_,at o'clock_M.,1, a competent adult hereby
state tha—MeTendant NOT FOUND 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 unswom
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
.Z
-g
rnW o r '--°
Phelan Hallinan, LLP cnI- -
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAId-` 'F`'')
c-) C '-
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza c t,•
Philadelphia, PA 19103
j onathan.etkowicz @phelanhallinan.com
215-563-7000
HSBC BANK USA, NATIONAL ASSOCIATION, : Court of Common Pleas
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5 : Civil Division
Plaintiff •
•
CUMBERLAND County
v. •
•
No.: 13-2129 CIVIL
MANUEL E. CORDEIRO •
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
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 April 22,
2013.
2. Judgment was entered on July 2, 2013 in the amount of$993,162.62. 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.
709777
4. The Property is listed for Sheriffs Sale on December 4, 2013.
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $733,752.23
Interest Through December 4, 2013 $214,932.26
Late Charges $1,758.00
Legal fees $1,250.00
Cost of Suit and Title $2,161.55
Property Inspections $704.00
Appraisal/Brokers Price Opinion $340.00
Escrow to be paid prior to December 4, 2013 $11,466.00
Escrow Deficit $86,714.81
Suspense/Misc. Credits ($184.10)
TOTAL $1,052,894.75
6. Plaintiff paid the following in taxes and insurance during the time the loan was in
default:
4/18/2011 ESCROW BALANCE $27,334.52
4/18/2011 TOWNSHIP TAX $2,584.52
8/22/2011 SCHOOL TAX $8,753.84
2/11/2012 HOMEOWNERS INSURANCE $12,946.00
4/17/2012 TOWNSHIP TAX $2,584.52
8/21/2012 SCHOOL TAX $8,940.29
11/29/2012 HOMEOWNERS INSURANCE $11,466.00
3/28/2013 TOWNSHIP TAX $2,781.67
8/5/2013 SCHOOL TAX $9,323.45
TOTAL $86,714.81
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
8. 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 Defendants.
709777
9. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief.
10. 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 23, 2013 and
requested the Defendants' Concurrence. Plaintiff received concurrence from the Defendants via e-
mail on September 25, 2013. 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»
11. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: � By: Atli
4
on. an M. Etkowicz, Esquire
TORNEY FOR PLAINTIFF
709777
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.corn
215-563-7000
HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5 : Civil Division
Plaintiff
CUMBERLAND County
•
v.
• No.: 13-2129 CIVIL
•
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO 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 505 LEEWARD LANE, ENOLA, PA 17025-1348. 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, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
709777
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 Defendants 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
709777
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
Defendants 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 Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are 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 s have 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
709777
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 Defendants 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 Sheriffs 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.
709777
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
709777
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
709777
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.
709777
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
Plaintiffs 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: 0/12,1 By:AIL"
Jr an M. tkowicz, Esquire
A orney for Plaintiff
709777
Exhibit "A"
709777
•
FILED-OFFICE
OF THE PROTHONOTARY
PHELAN HALLINAN,LLP 2013 JUL -2 AM 10: 5tromey for Plaintiff
Adam H.Davis,Esq.,Id. No.203034
1617 JFK Boulevard,Suite 1400 CUMBERLAND E ANUNTY
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
HSBC BANK USA,NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR J.P.MORGAN MORTGAGE .
TRUST 2007-AS COURT OF COMMON PLEAS
vs. CIVIL DIVISION
MANUEL E.CORDEIRO No.13-2129 CIXffil
A/K/A MANUEL CORDEIRO
DRENDA S.CORDEIRO J
�.�dayL
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 '' E.CORDEIRO
A/K/A MANUEL CORDEIRO and DRENDA S.CO' ) "''+',Did s.an(s)for failure to
file an Answer to Plaintiff's Complaint within 20 days i •II s i .',` -I
• and for foreclosure
and sale of the mortgaged premises,and assess Plaintiff's 01 s'ges as follows:
As set forth in Complaint $993,162.62
TOTAL $993,162.62
I hereby certify that(1)the Defendants'last known addresses are 647 HERRIN LN,
ENOLA,PA 17025-1614,505 LEEWARD LANE,ENOLA,PA 17025-1348,and 310 11TH ST,
NEW CUMBERLAND,PA 17070-1308,and(2)that notice has been gia n in accordance with
Rule Pa.R.C.P 237.1. A/Y°
Date
7 /1//-3
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
DAMAGES 77REBY
7� ASSESSED AS INDICATED.
DATE: 4111
PHS#215932 PROTHONOTARY
215932
Exhibit "B"
709777
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 23`d,2013
WILLIAM L. ADLER,ESQUIRE
4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
MANUEL E. CORDEIRO DRENDA S. CORDEIRO
A/K/A MANUEL CORDEIRO 310 11TH ST
647 HERRIN LN NEW CUMBERLAND, PA 17070-1308
ENOLA,PA 17025-1614
RE: HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. MORGAN
MORTGAGE TRUST 2007-A5 v. MANUEL E. CORDEIRO,A/K/A MANUEL
CORDEIRO and DRENDA S. CORDEIRO
Premises Address: 505 LEEWARD LANE ENOLA, PA 17025
CUMBERLAND County CCP,No. 13-2129 CIVIL
Dear Defendants,
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 9/28/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
cry truI` •ur
f
,1 han +. Etk! Esq.,Es ., Id.No.208786 1 a
r
ey for Plaintiff
Enclosure
709777
Name and Phelan Hallinan,LLP y o M
Address 1617 iPK Boulevard,Suite 1400 !! o
Of Sender One Penn Center Plaza l I O°'
1 Philadelphia,PA 19103 KVM ' II M N
Line Article Number Name of Addressee,Street, Ri
aad Post ce Address Postage a
1 *"'• MANUEL E.CORDEIRO 1 $0.45
647 HERRIN LN
ENOLA,PA 17025-1614 f c, ._
2 ••** MANUEL E.CORDEIRO S0.45 2C 'mac"'
DRENDAS.CORDEIRO '_ Oo
SOS LEEWARD LANE
ENOLA,PA 17025-1348 gT "et
3 ***` ` DRENDA S.CORDEIRO $0.45 4. �t 'Jail
31011TH ST ' d rte
hl1 0.1'21'.1..0..,
NEW CUMBERLAND;PA 17070-1308 ,,,�
i 4 **as WILLIAM L.ADLER $0.45 '..:1A
. 4949 DEVONSHIRE ROAD
HARRISBURG,PA 17109 °"
RE:MANUEL E.CORDEIRO AIKMA MANUEL CORDEIRO(CUMBERLAND) PH#70977711200 " $1.80 ,F,
Page 1 or L_._ I .off 1r.
Tech)Hamby d Taal tiamberofPieces Pofiaa a Pa;Name of The full deeteru+on of value is required oa all domestic sed itiiernsweai regained marl The mai(.mum Iskeip{ty'Jaya/1k
•Maas Lad by Sender Received at Post Office Reeeivies Employee) for the nxomirvCioa of soaniertisbk dneruoems,esdxr Fspracs Mad dccnswnl,assn meimai inriesoce s 5541,800 per
pia*object to a he it of 5500,000 per oaumuws.71e wsiroom indemnity payaifk oa flic� awfiva,isSS(lf1
The tasaaam andenmity parable is 525.000 for registered,nsil,seat watt oiefomi imam* silt ft44941101
I _R900 5913 ao4 S921 for Gmctaeioro efcaa:est. --"
Form 3877 Facsimile
1
,
709777
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
j onathan.etkowicz @phelanhal linan.corn
215-563-7000
HSBC BANK USA, NATIONAL ASSOCIATION, : Court of Common Pleas
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5 : Civil Division
•
Plaintiff
• CUMBERLAND County
•
v.
• No.: 13-2129 CIVIL
•
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
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 individuals on the date indicated below.
MANUEL E. CORDEIRO MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO A/K/A MANUEL CORDEIRO
647 HERRIN LN DRENDA S. CORDEIRO
ENOLA, PA 17025-1614 505 LEEWARD LANE
ENOLA, PA 17025-1348
DRENDA S. CORDEIRO
310 11TH ST WILLIAM L. ADLER, ESQUIRE
NEW CUMBERLAND, PA 17070-1308 4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
Phelan Hallinan, LLP
DATE: 'VC Z1/3 By: /fad
Jof' an M. Etkowicz, Esquire
A TORNEY FOR PLAINTIFF
709777
HSBC BANK USA, NATIONAL : IN THE COURT OF COMMON PLEAS OF
ASSOCIATION, AS TRUSTEE : CUMBERLAND COUNTY, PENNSYLVANIA
FOR J.P. MORGAN MORTGAGE
•
TRUST 2007-A5
•
PLAINTIFF
mcz cp
)
V. rn r CD
r-- cc,
•
•
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO : =c°'
DRENDA S. CORDEIRO
DEFENDANTS : NO. 13-2129 CIVIL -
ORDER OF COURT
AND NOW, this 8th day of October, 2013, upon consideration of the Plaintiff's Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before October 29, 2013;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
M. L. Ebert, Jr., J.
onathan M. Etkowicz, Esquire
Attorney for Plaintiff
anuel E. Cordeiro, a/k/a Manuel Cordeiro
Drenda S. Cordeiro
Defendants bas
eop!ES ,1Z 1&f
lOYE44 - ".11
LL 1"7)-ot tl
P il0TH0NTIPx,'
2t13 OCT 18 AM 10' 1 1
PENNSYLVANIA
COUNT)!
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
HSBC BANK USA, NATIONAL ASSOCIATION, • Court of Common Pleas
AS TRUSTEE FOR J.P. MORGAN MORTGAGE •
TRUST 2007-AS • Civil Division
Plaintiff •
•
CUMBERLAND County
vs.
No.: 13-2129 CIVIL
MANUEL E. CORDEIRO •
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing
the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individuals on the date indicated below.
MANUEL E. CORDEIRO MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO A/K/A MANUEL CORDEIRO
647 HERRIN LN DRENDA S. CORDEIRO
ENOLA, PA 17025-1614 505 LEEWARD LANE
ENOLA, PA 17025-1348
709777
DRENDA S. CORDEIRO WILLIAM L. ADLER
310 11TH ST 4949 DEVONSHIRE ROAD
NEW CUMBERLAND, PA 17070-1308 HARRISBURG, PA 17109
Phela . inan, LLP
DATE: ( 0/171/3 By:
Jo owicz, Esq., Id.No.208786
Att. ey for Plaintiff
709777
LAW OFFICES OF RAYMOND J. FALZONE,JR.
BY: THOMAS E.WYLER,ESQUIRE
ATTORNEY I.D. NO. 207678
22 East Third Street
Media,PA 19063
(610)892-8900 Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Civil Action -Law
HSBC BANK USA NATIONAL NO. 13-2129 c ?
ASSOCIATION,AS TRUSTEE FOR J.P. = :
MORGAN MORTGAGE TRUST 2007-A5
-vs-
MANUEL E. CORDEIRO = =• `y
A/K/A MANUEL CORDEIRO •
DRENDA S. CORDEIRO c�
Defendant •
GUY LEROY'S EMERGENCY PETITION TO INTERVENE
Petitioner, Guy Leroy, by and through his counsel, Thomas E. Wyler, Esquire
avers the following:
1. Petitioner Guy Leroy purchased 505 Leeward Lane, Enola, Pennsylvania
17025, (the subject property) at a September 22, 2011 Cumberland County Tax Claim Bureau
sale for an upset price of$4,870.90. A true and correct copy of the aforesaid bid slip is attached
hereto as Exhibit"A."
2. By virtue of the aforesaid sale, Petitioner became the equitable and/or
actual owner of the subject property. See Pivirotto v. City of Pittsburgh, 528 A.2d 125, 515 Pa.
246 (Pa. Cmwlth. 1987)
3. On or about April 22, 2013 Plaintiff HSBC Bank filed the instant
foreclosure action against Manuel and Drenda Cordeiro only.
4. On or about July 2, 2013 a Default Judgment was entered in the above-
referenced matter due to the Defendants' failure to respond to Plaintiff's Complaint.
5. The subject property is currently scheduled for Sheriff Sale December 4,
2013.
6. Petitioner is the actual and/or equitable owner of the subject property and
as such was an indispensable party to the said foreclosure action. Pa. R.C.P. 1144 (a) (3)
7. The default judgment in the instant matter along with the pending
Sheriff Sale of the subject property has or will effect the legally enforceable interest of Petitioner
in the subject property.
8. Defendants' failure to respond to Plaintiff's Complaint demonstrates that
Defendants are not adequately representing Petitioner's interest and/or interested in protecting
Petitioner's interest in the said property. Bily v. Bd. of Property Assessment, Appeals and
Review of Allegheny County, 44 A.2d 250, 251 (1945).
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the
instant Petition and enter the attached Order allowing Petitioner to intervene in the underlying
foreclosure action.
Respectfully submitted,
LAW OFFICES OF RAYMOND J. FALZONE, JR.
V
THOMAS E. WY R, E UIRE
Attorney for Intervener uy Leroy
Date: November 4, 2013
One CUM
Courthouse BERLSquare Room 106 AND COUNTY TAX CLAIM BUREAU
•
Carlisle,PA 17013
(717)240-6366,(717)240-7835,fax
RECEIPT
Purchaser September 22,2011
JEREMY HESS&GUY LEROY Upset Sale
16828 ORRESDALE AVE 1ST FLOG Sale# 16
PHILADELPHIA IPA 119135
1-277772-67-
15 333 2233
Property Description
,Prey owner.ICORDEIRO,MANUEL&DRENDA S Upset Price 4,870.90
■■
Ma r77 109-11-3004-097
f 5051 ' 'LEEWARD LANE
Desc 1: JLOT 8 PB 65 PG 123 MB 591 PG
Desc 2: residential
Acres: 1.01 — V.I.N:
/U,000.PO 54J'/
Payment 10, 000. 0D S—gilia Final Bid: 4870.90
In ,, t 0o p. 0o 6-g_1/) Rec Fee: 63.00
License
# State Tran Tax 8,785.00
Exp.Date Local Tran Tax 8,785.00
TOTAL #Error
Bid Deposit: 22503.90
TOTAL DUE 0.00
Ort / /
I1/�.'L/�� L� 9C vd 0'S OCO,00
Melissa F. Mizell, Director
EXHIBIT "A"
VERIFICATION
I, Thomas E. Wyler , Esquire, hereby state that I am the attorney for the Petitioner and
that I have personal knowledge and information regarding the averments contained in this
pleading and verify that the statements made are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are subject to the penalties of 18
Pa. C. S. §4904, relating to unsworn falsification to authorities.
If.\/iyor"-/V
THOMAS E. WY A"9 ES UIRE
DATE: November 4,2013
LAW OFFICES OF RAYMOND J. FALZONE,JR.
BY: THOMAS E. WYLER, ESQUIRE
ATTORNEY I.D. NO. 207678
22 East Third Street
Media,PA 19063
(610)892-8900 Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Civil Action -Law
HSBC BANK USA NATIONAL NO. 13-2129
ASSOCIATION,AS TRUSTEE FOR J.P. .•
MORGAN MORTGAGE TRUST 2007-A5 .
Plaintiff ,•
-vs- .
MANUEL E. CORDEIRO .•
A/K/A MANUEL CORDEIRO .•
DRENDA S. CORDEIRO .•
Defendant :
CERTIFICATE OF SERVICE
I, Thomas E. Wyler, Esquire, certify that on the date indicated below a true
and correct copy of the Guy Leroy's Emergency Petition to Intervene filed in the above-
captioned matter, was forwarded by facsimile to •
Jonathan Loeb, Esquire Manuel E. Cordeiro and
PHELAN HALLINAN, LLP Drenda S. Cordeiro
215-563-3459 CIO William L. Adler, Esquire
717-307-3343
By First Class Mail to:
Manuel E. Cordeiro Drenda S. Cordeiro
647 Heron Lane 505 Leeward Lane
Enola, PA 17025 Enola, PA 17025
"THOMAS E. WY ES E
Attorney for Petitioner
Date: November 4,2013
LAW OFFICES OF RAYMOND J. FALZONE,JR. t
BY: THOMAS E. WYLER,ATTORNEY I.D. NO. 2076 gSQUIRE 7 t X10V -6 At-III: 30
22 East Third Street '•'(); `BEr�L; ,;�
COUNTY
Media,PA 19063 PENS S Y'')
(610)892-8900 Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Civil Action -Law
HSBC BANK USA NATIONAL • NO. 13-2129
ASSOCIATION,AS TRUSTEE FOR J.P. •
MORGAN MORTGAGE TRUST 2007-A5 •
Plaintiff
-vs-
MANUEL E. CORDEIRO •
A/K/A MANUEL CORDEIRO •
DRENDA S. CORDEIRO
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Petitioner, Guy Leroy, in the above-captioned
action.
H MA �''
L
O S E. W , ESQ IRE
Attorney for Pet loner
Dated: November 4,2013
•
HSBC BANK USA, NATIONAL : IN THE COURT OF COMMON PLEAS OF
ASSOCIATION, AS TRUSTEE : CUMBERLAND COUNTY, PENNSYLVANIA
FOR J.P. MORGAN MORTGAGE
TRUST 2007-A5
PLAINTIFF •
•
c :
V. • -u
f'n cZ tea
MANUEL E. CORDEIRO • cnr`
A/K/A MANUEL CORDEIRO
.21)
DRENDA S. CORDEIRO : � ►
DEFENDANTS . : NO. 13-2129 CIVIL
ORDER OF COURT
AND NOW, this 8th day of November, 2013, upon consideration of the Guy Leroy's -
Emergency Petition to Intervene;
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule shall issue upon the HSBC Bank, USA National Association as Trustee for
J.P. Morgan Mortgage Trust 2007-A5, Manuel E. Cordeiro a/k/a Manuel Cordeiro and Drenda S.
Cordeiro to show cause why the relief requested by Guy Leroy should not be granted;
2. The Parties will file an answer on or before November 22, 2013;
3. A brief argument on the matter will be held on Tuesday, November 26, 2013, at 8:30
a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
M. L. Ebert, Jr.,
I J.
t/Jonathan Loeb, Esquire
Attorney for Plaintiff
E. Cordeiro, a/k/a Manuel Cordeiro
Drenda S. Cordeiro
Defendants
%/Thomas E. Wyler, Esquire
Attorney for Petitioner bas
ewes lt:I€4 I 1 1i3
12,E
Douglas J. Gush, Esquire(PA I.D. 209432) Attorney for Plaintiff
MORGAN, LEWIS &BOCKIUS LLP HSBC BANK USA,N.A.,
1701 Market Street AS TRUSTEE FOR J.P.
Philadelphia,PA 19103-2921 MORGAN MORTGAGE
(215) 963-5000 TRUST
HSBC BANK USA,NATIONAL COURT OF COMMON PLEAS
ASSOCIATION, AS TRUSTEE FOR J.P. : CUMBERLAND COUNTY
MORGAN TRUST 2007-A5,
Plaintiff,
V. NO. 13-2129
MANUEL E. CORDEIRO „
A/K/A MANUEL CORDEIRO ��°; `
DRENDA S. CORDEIRO MORTGAGE FORCLOSURE i-
(-n
Defendant. -:-':
N
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of HSBC Bank USA,National Association, as
Trustee for J.P. Morgan Mortgage Trust, in the above-captioned matter.
Respectfully submitted,
Q ';'_" 0j
Dou s J. Gush
MORGAN, LEWIS & BOCKIUS LLP
1701 Market St.
Philadelphia, PA 19103
Attorney for Plaintiff
HSBC BANK USA,N.A., AS TRUSTEE
FOR J.P. MORGAN MORTAGE TRUST
Date: November 22, 2013
CERTIFICATE OF SERVICE
I hereby certify that on this day an original of the Entry of Appearance was filed with
the Prothonotary's Office of Cumberland County and a copy was served on counsel for
Defendant by U.S. Regular Mail.
Date: November 22, 2013 _ 0)
Doug J. Gush
MORGAN, LE IS&BOCKIUS LLP
1701 Market St.
Philadelphia, PA 19103
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
HSBC BANK USA,NATIONAL JOINT PROPOSED ORDER EXTENDING
ASSOCIATION, AS TRUSTEE FOR DEADLINES FOR PLAINTIFF'S
JPMORGAN MORTGAGE TRUST, ; RESPONSE
Plaintiffs, No. 13-2129 Civil Division
vs.
MANUEL E. CORDEIRO A/K/A MANUEL
CORDEIRO,DRENDA S. CORDEIRO,
Defendants.
ORDER
AND NOW on this h � day of 0 J 2013, it is hereby ORDERED
that:
1. HSBC Bank USA,National Association, as Trustee for JPMorgan Mortgage Trust
and Guy Leroy agree to extend the time for HSBC Bank USA, National Association, as
Trustee for JPMorgan Mortgage Trust to respond to Guy Leroy's Emergency Petition to
Intervene through and including January 28, 2014.
2. If necessary, a brief argument on the matter will be scheduled by the Court if
requested by the parties. �4 V
Judge M. L. Ebert, itl
r.1
C) F
�r- N
n1u h u� �'orde,'ry -c CD ;
`��rC S. fiord{iiv C-
Si rL ty / ..eon! q -
i,hum)O I�l r ,t..
2014 a'1
PHELAN HALLINAN,LLP Attorney for Plaintiff 3 tir (J:
John Michael Kolesnik,Esq.,Id.No.308877 WI 7L 4 � L
1617 JFK Boulevard, Suite 1400 ' F S CUNT Y
One Penn Center Plaza YLVAN1
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 J.P.MORGAN MORTGAGE
TRUST 2007-A5 COURT OF COMMON PLEAS
Plaintiff,
. CIVIL DIVISION
v.
. No.: 13-2129 CIVIL
MANUEL E. CORDEIRO A/K/A MANUEL
CORDEIRO
DRENDA S. CORDEIRO
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 • ' C•e it"A".
Jo ichael Kolesnik,Esq.,Id.No.308877
ttorney for Plaintiff
Date: 07/k
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#709777
HSBC BANK USA,NATIONAL ASSOCIATION, AS • COURT OF COMMON PLEAS
TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST •
2007-A5 • CIVIL DIVISION
Plaintiff •
•
NO.: 13-2129 CIVIL
v. •
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO • CUMBERLAND COUNTY
DRENDA S. CORDEIRO
Defendant(s)
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE TRUST 2007-A5,
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 505 LEEWARD LANE,ENOLA,PA 17025-1348.
I. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MANUEL E.CORDEIRO 647 HERRIN LN,
A/K/A MANUEL CORDEIRO ENOLA,PA 17025-1614
505 LEEWARD LANE,
ENOLA,PA 17025-1348
DRENDA S.CORDEIRO 310 11TH ST,
NEW CUMBERLAND,PA 17070-1308
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
MANUEL E.CORDEIRO 647 HERRIN LN,
A/K/A MANUEL CORDEIRO ENOLA,PA 17025-1614
505 LEEWARD LANE,
ENOLA,PA 17025-1348
DRENDA S.CORDEIRO 310 11TH ST,
NEW CUMBERLAND,PA 17070-1308
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)
JEFFREY V.DURKISH 17 FROST LANE
DILLSBURG,PA 17019
JEFFREY V.DURKISH PO BOX 650
C/O GREGORY A.KOGUT,JR.,ESQUIRE HERSHEY,PA 17033
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
PH#709777
reasonably ascertained,please indicate)
ONEWEST BANK,F.S.B. 888 EAST WALNUT STREET
PASADENA,CA 91101
ONEWEST BANK,F.S.B. ALT. 19 NORTH
C/O NTC PALM HARBOR,FL 34683
ATTN:JESSICA FRETWELL
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 505 LEEWARD LANE
ENOLA,PA 17025-1348
GUY LEROY 6828 TORRESDALE AVENUE,1ST FLOOR
PHILADELPHIA,PA 19135
THOMAS E.WYLER,ESQUIRE FALZONE LAW OFFICES
22 EAST THIRD STREET
MEDIA,PA 19063
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
U.S.Department of Justice 228 Walnut Street,Suite 220
U.S.Attorney for the Middle District of PA PO Box 11754
Federal Building Harrisburg,PA 17108-1754
PH#709777
MANUEL E.CORDEIRO A/K/A MANUEL 4949 DEVONSHIRE ROAD
CORDEIRO&DRENDA S.CORDEIRO HARRISBURG,PA 17109
C/O WILLIAM L.ADLER,ESQUIRE
Jeremy Hess 1770 Oregon Pike
Lancaster, PA 17601
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: (/l
By: `
Ph• `allinan,LLP
`J,V n Michael Kolesnik,Esq.,Id.No.308877
ttorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#709777
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4
nd Phelan Hadinan,LLP
1617 JFK Boulevard,Suite 1400
ter One Penn Center Plata
Philadelphia,PA 19203 AZKICET-12/04/2013 SALE
Article Number Name of Addressee,Street,and Post Office Address Postage fee
•••• TENANT/OCCUPANT 50.45
SOS LEEWARD LANE
ENOLA,PA 17025-1340
•••• Jeffrey V.Dur9.ish $0.45 O ro
17 Frost Lose O
Dillaborg.PA 17019
•••• JEFFREY V.IMMESH C/O GREGORY A.KOGUT,JR.,ESQUIRE 50.45 r IA o
PO BOX 6.50 iii,8
HERSHEY,PA 17033 c✓
••"• ONE WEST BANK,FAA. $0.45
Egg EAST WALNUT STREET t 2 .....
PASADENA,CA 91101
•••• ONEWEST BANK,F.S.B.C/O NTCATTN:JESSICA FRETWELL 50.15 111 wLM
ALT.19 NORTH O
PALM HARBOR,FL 34653 "N Dc
seen. Domestic Relations of $005
Cumherisnd County r
13 North Hanover Street °.vo
•••• Commonwealth ofPenagivauie $045 J
Department of Welfare ..r lair iT .10.
P.O.Box 2675 •.
Harrisburg„PA 17105
•••• Internal Revenue Service Advisory 50.45
10001Aberty Avenue Room 704
fittsbergh,PA 15222 .
•••• U.S.Department olJastice 59.45
U.S.Attorney far tee Middle District of PA .
Federal Building f
220 Walnut Street,Suite 220
PO Soh 11754
Harrisburg,PA 17105.1754
•••• MANUEL E.CORDEIRO A/K/A MANUEL CORDEIRO&DRENDA S.CORDEIRO C/O WILLIAM L.ADLER,ESQUIRE $0.45
4944 DEVONSHIRE ROAD
HARRISBURG,PA 17109 _ •
RE . t. + t.. 1 . •z„ r -. t i i.1 EIRO(cIJMBERLAND) HIS it 21593211021 $4.50
e10 1 titTeam _
ihnof T o t a l}lumberer P i e c e s P o n e u s m,P e e(N e w of •The fi ll dnehrMion of reka is required on all domestic irder atimuI mgiss ed aait 11't maximum indemnity ptyabk .,
mad by Sender Received al Pat Officio ReceivingEatployee) fors acoeswNtasof nonce 4idsk dmseana under Eintess Moil decone d incnasiniconn imurerse is 550.000 pa
ice subject to a limn of 1300.000 peraarmem.The na simeee indemnity payable on 1,x}xas 91x0 merchandise is 5300.
The maximum indemnity payob e 6$25.000 for regiseaedimil scot with optional imam.< See Domestic Mail Mama! . -
., .R9005913 and 5921 far tissioniotsofcownae.
i 3877 Facsimile
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
HSBC BANK USA,NATIONAL : CIVIL DIVISION
ASSOCIATION,AS TRUSTEE FOR
JPMORGAN MORTGAGE TRUST r.-..5
Plaintiff, : NO. 13-2129 rn GU -=r _ `'
=m r'+ "';-=-
v. --......,
MANUEL E. CORDEIRO AIK/A o c;
',
MANUEL CORDEIRO, DRENDA S. : STIPULATION FOR >c-)
CORDEIRO, EXTENSION OF TIME D -,77 _C--''',
Defendants. -,
STIPULATION FOR EXTENSION OF TIME
IT IS HEREBY STIPULATED AND AGREED by and between counsel for HSBC Bank
USA,National Association, as Trustee for JPMorgan Mortgage Trust and counsel for Guy
LeRoy that HSBC Bank USA,National Association,as Trustee for JPMorgan Mortgage Trust
shall have through and including March :, 2014 in which to respond to Guy Leroy's
Emerg: , 'etition to Int/
/
•
la ' .�i __ 1 f
+comas Wyl "(' 4 r. d 7678) Do J. Gush ' ID No. 2094c 2)
FALZONE&WY i' ' MORGAN,LE l IS &BOCKIUS LLP
22 East Third Str l 1701 Market Street
Media,PA 19063 Philadelphia, PA 19103
Phone: 610.892.8900 Phone: 215.963.5000
twyler @comcast.net dgush @morganlewis.com
Attorney for Petiti j1neF Attorney for Plaintiff
Dated: 2 f 5 t Dated: �/1/°?C'rY
CERTIFICATE OF NOTICE
I, Douglas J. Gush, Esquire, counsel for HSBC Bank USA,National Association, as Trustee for
JPMorgan Mortgage Trust, certify,that a true and correct copy of the attached Stipulation for
Extension of Time and proposed Order were forty. ■-d to counsel for Guy Leroy via e-mail on
January 29, 2014.
Doti- as J. Gush, E (Ili 'A ID No. 209432)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Phone: 215.963.5000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
HSBC BANK USA,NATIONAL : JOINT PROPOSED ORDER EXTENDING
ASSOCIATION, AS TRUSTEE FOR : DEADLINES FOR PLAINTIFF'S
JPMORGAN MORTGAGE TRUST, : RESPONSE
Plaintiffs, : No. 13-2129 Civil Division
vs.
MANUEL E. CORDEIRO A/K/A MANUEL
CORDEIRO, DRENDA S. CORDEIRO,
•
Defendants. •
•
ORDER
AND NOW on this day of • 2014, it is hereby ORDERED
that:
1. HSBC Bank USA,National Association, as Trustee for JPMorgan Mortgage Trust and
Guy Leroy agree to extend the time for HSBC Bank USA,National Association, as
Trustee for JPMorgan Mortgage Trust to respond to Guy Leroy's Emergency Petition to
Intervene through and including March 28, 2014.
2. If necessary, a brief argument on the matter will be scheduled by the Court.
\tlt. L. Ebert,
1. s LEL
Zr rrn rrl
fgt. 73 CO r
Q
1944iTh, aiArC
2//4//q
c.• ...
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFNCE OF THE St-C,E,MFF•
- - r'-
F-|.-
�x�o�������1,,`1�`
&PA 7 KH|�' ��
^S, '". " - ' "'' '"' " �
Ct,i'MBERLAND COUNTY
PENNSYLVANIA
HSBC Bank USA, National Association
vs.
Manuel E. Cordeiro a/k/a Manuel Cordeiro (et al.)
Case Number
2013-2129
SHERIFF'S RETURN OF SERVICE
1002/2013 U1:38pW1' Deputy Brian (]oyboaki. being duly sworn onco/ kngto|aw.nervmdtheraqueabedRea|Estote
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 Regan Cordeiro, Son
who accepted as "Adult Person in Charge for Drenda Cordeiro at 310 llth Street, New Cumberland
Borough, New Cumberland, PA 17070, Cumber!and County.
10/04%2013 06:40 PM - Deputy Jason Kinsler, 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 persorially handing a true copy to a person representing themselves to be Stone Cordeiro, Son, who
accepted as "Adult Person in Charge" for Manuel E. Cordeiro a/k/a Manuel Cordeiro at 647 Herrin Lane,
Eno la, PA 17025, Cumberland County.
10/04/2013 06:49 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 aotinn, upon the property located at 505 Leeward Lano, East Pennsboro - Township, Enn|a,
PA 17025, Cumberland County.
11/26/2013 As directed by Joseph Schalk, Attorney forthe Plaintiff, Sheriffs Sale Continued to2/5/2O14
02/05/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014
04/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to |aw, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $774.4G SO ANSWERS,
April 04, 2014
CountySu:te
RONNYR ANDERSON, SHERIFF
On August 26, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 505 Leeward Lane,
Eno la, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 26, 2013
By:
Q. Re r()EPs+alioordinator
I :01 C- 7111'
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2013 -2129 Civil Term
HSBC BANK USA,
NATIONAL ASSOCIATION
vs.
MANUEL E. CORDEIRO a /k /a
MANUEL CORDEIRO,
Drenda S. Cordeiro
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 13 -2129 CIVIL, HSBC BANK
USA, NATIONAL ASSOCIATION, AS
TRUSTEE FOR J.P. MORGAN MORT-
GAGE TRUST 2007 -A5 v. MANUEL
E. CORDEIROa /k /a MANUEL COR-
DEIRO, DRENDA S. CORDEIRO
owner(s) of property situate in EAST
PENNSBORO TOWNSHIP, CUMBER-
LAND County, Pennsylvania, being
505 LEEWARD LANE, ENOLA, PA
17025 -1348.
Parcel No. 09 -11- 3004 -097.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $993,162.62.
40
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.
Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
25 day of October, 2013
Notary
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 ahiot -lews
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 -2129 Civil Term
HSBC BANK USA, NATIONAL
ASSOCIATION
vs.
MANUEL E. CORDEIRO A/K/A
MANUEL CORDEIRO
Drenda S. Cordeiro
Atty: Joseph Schalk
By virtue of a Writ of Execution No. 13 -2129
CIVIL
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR J.P.
MORGAN MORTGAGE TRUST 2007 -A5
v.
MANUEL E. CORDEIRO A/K/A
MANUEL CORDEIRO
DRENDA S. CORDEIRO
owner(s) of property situate in
EAST PENNSBORO TOWNSHIP,
CUMBERLAND County, Pennsylvania,
being
505 LEEWARD LANE, ENOIA, PA 17025-
1348
Parcel No. 09 -11- 3004 -097.
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING
Judgment Amount: $993,162.62
This ad ran on the date(s) shown below:
10/13/13
10/20/13
10/27/13
Sworn to and subscribed before me this 11 day of November, 2013 A.D.
ary Public
COMMONWEA
OF PENNSYLVANIA
Notarial Seal
Holly Lynn War(el, Notary Public
Washington Twp., Dauphin County
My Commission Expires Dec. 12, 2016
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan com
215-563-7000
F A1TORNEY FOR PLAINTIFF
CUIBERLAND C 3�l/��.
PE=�NNS 'L`'A IA
HSBC BANK USA, NATIONAL ASSOCIATION, :
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5
Plaintiff
vs.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-2129 CIVIL
MOTION TO MAKE RULE ABSOLUTE
HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN
MORTGAGE TRUST 2007-A5, 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 3, 2013.
2. A Rule was issued by the Honorable M.L. Elbert, Jr. on or about October 8, 2013
directing the Defendants 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 A.
3. The Rule to Show Cause was timely served upon all parties on October 17, 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 B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
October 29, 2013.
709777
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:
By:
Phelan
Justin
Atto ey for Platiff
n, LLP
obeski, sq., Id. No.200392
709777
Exhibit "A"
709777
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE
FOR J.P. MORGAN MORTGAGE
TRUST 2007-A5
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
-a-1.
rn
V.
may,
MANUEL E. CORDEIRO mac::
A/K/A MANUEL CORDEIROc
DRENDA S. CORDEIRO
DEFENDANTS NO. 13-2129 CIVIL
ORDER OF COURT
N
AND NOW, this 8t" day of October, 2013, upon consideration of the Plaintiff's Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before October 29, 2013;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
Jonathan M. Etkowicz, Esquire
Attorney for Plaintiff
Manuel E. Cordeiro, a/k/a Manuel Cordeiro
Drenda S. Cordeiro
Defendants
bas
Exhibit "B"
w!..-..-...
709777
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
iLED7OFFICL
Jr HEPROTHONO TAR Y
2G11 OCT 18 AM 10: 12
CUMBERLAND COUNTY
PENNSYLVANIA
HSBC BANK USA, NATIONAL ASSOCIATION,
AS TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2007-A5
Plaintiff
vs.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
EY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-2129 CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing
the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the followitiindividuals on the date indicated below.
• ,
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
647 HERRIN LN
ENOLA, PA 17025-1614
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
505 LEEWARD LANE
ENOLA, PA 17025-1348
709777
DRENDA S. CORDEIRO
310 11TH ST
NEW CUMBERLAND, PA 17070-1308
DATE;
By:
WILLIAM L. ADLER
4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
Phelai 1-1011ina LLP
Jolath E wwiez, Esq., Id. No.208786
Att6FZY for Plaintiff
Li
PhirtA t
.30 80tur‘ii
709777
t
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
HSBC BANK USA, NATIONAL ASSOCIATION, :
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5
Plaintiff
vs.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-2129 CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
647 HERRIN LN
ENOLA, PA 17025-1614
DRENDA S. CORDEIRO
310 11TH ST
NEW CUMBERLAND, PA 17070-1308
WILLIAM L. ADLER, ESQUIRE
4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
DATE: (512,1)q By:
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
GUY LEROY
505 LEEWARD LANE
ENOLA, PA 17025-1348
GUY LEROY
6828 TORRESDALE AVENUE
1ST FLOOR
PHILADELPHIA, PA 19135
Phelan Hallinan, LLP
Ju
obeski, Esq., Id. No.200392
Attor for Plaintiff
709777
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
ID
CUf fe 5 4NICS': 6
ERASU
PE' NSYLVCNoUNT 'r
Attorney For Plaintiff
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR J.P.
MORGAN MORTGAGE TRUST 2007-A5
Plaintiff
v.
MANUEL E. CORDEIRO A/K/A
MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-2129 CIVIL
PRAECIPE
TO THE PROTHONOTARY:
❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: 7 <74 PHELAN H, LLINAN, LLP
PH # 709777
Mario J. Hanyon, Esq., Id. No.20399
By:
Attorney for Plaintiff
Phelan Hallinan; LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR J.P.
MORGAN MORTGAGE TRUST 2007-A5
Plaintiff
v.
MANUEL E. CORDEIRO A/K/A
MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-2129 CIVIL
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
WILLIAM L. ADLER
4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
MANUEL E. CORDEIRO A/K/A MANUEL CORDEIRO
647 HERRIN LN
ENOLA, PA 17025-1614
DRENDA S. CORDEIRO
310 11TH ST
NEW CUMBERLAND, PA 17070-1308
THOMAS E. WYLER ESQ
LAW OFFICES OF RAYMOND J. FALZONE JR.
22 EAST THIRD STREET
MEDIA, PA 19063
Date: -lq/,./
PHELAN HALLINAN, LLP
By: �.� A_
Mario J. anyon, Es . ., Id_No.
Attorney for Plaintiff
993
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas
AS TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2007-A5 Civil Division
Plaintiff
CUMBERLAND County
vs.
No.: 13-2129 CIVIL
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
ORDER
AND NOW, this
�% day of M 4 y , 2014, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants 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
Interest Through December 4, 2013
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Appraisal/Brokers Price Opinion
Escrow to be Paid Prior
Escrow Deficit
$733,752.23
$214,932.26
$1,758.00
$1,250.00
$2,161.55
$704.00
$340.00
$11,466.00
$86,714.81
709777
2
t
Suspense/Misc. Credits ($184.10)
TOTAL $1,052,894.75
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.
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709777
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Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
—: r ATTQRNEY FOR PLAINTIFF
l! •13ERLANO COUNT"
PENNSYLVANIA
IA
HSBC BANK USA, NATIONAL ASSOCIATION, :
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5
Plaintiff
vs.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-2129 CIVIL
MOTION TO MAKE RULE ABSOLUTE
HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN
MORTGAGE TRUST 2007-A5, 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 3, 2013.
2. A Rule was issued by the Honorable M.L. Elbert, Jr. on or about October 8, 2013
directing the Defendants 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 A.
3. The Rule to Show Cause was timely served upon all parties on October 17, 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 B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
October 29, 2013.
709777
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:
By:
Phelan
n, LLP
Justin /'obeski, sq., Id. No.200392
Atto ey for Pia' tiff
709777
Exhibit "A"
709777
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE
FOR J.P. MORGAN MORTGAGE
TRUST 2007-A5
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
c
-TD
rf
V.
MANUEL E. CORDEIRO Yy-10
A/K/A MANUEL CORDEIRO >C
DRENDA S. CORDEIRO ry
DEFENDANTS NO. 13-2129 CIVIL
ORDER OF COURT
AND NOW, this 8th day of October, 2013, upon consideration of the Plaintiffs Motion to
Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before October 29, 2013;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
of .
Jonathan M. Etkowicz, Esquire
Attorney for Plaintiff
Manuel E. Cordeiro, a/k/a Manuel Cordeiro
Drenda S. Cordeiro
Defendants
�J
M. L. Ebert, Jr.,
bas
Exhibit "B"
709777
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
€' SLED-Oi i ICE
UF r SIE PROTHONOTARY
2013 OCT 18 AM IO: 12
CUMBERLAND COUNTY
PENNSYLVANIA
HSBC BANK USA, NATIONAL ASSOCIATION,
AS TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2007-A5
Plaintiff
vs.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
'ORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-2129 CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing
the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the follow
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
647 HERRIN LN
ENOLA, PA 17025-1614
tlividualls on the date indicated below.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
505 LEEWARD LANE
ENOLA, PA 17025-1348
709777
DRENDA S. CORDEIRO
310 11TH ST
NEW CUMBERLAND, PA 17070-1308
DATE:
By:
WILLIAM L. ADLER
4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
Ply:oia] 11- :inan,LUP
Jane th
Att
owcz, Esq., Id. No.208786
y for Plaintiff
709777
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
HSBC BANK USA, NATIONAL ASSOCIATION, :
AS TRUSTEE FOR J.P. MORGAN MORTGAGE :
TRUST 2007-A5
Plaintiff
vs.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-2129 CIVIL
Defendants
cam,
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
647 HERRIN LN
ENOLA, PA 17025-1614
DRENDA S. CORDEIRO
310 11TH ST
NEW CUMBERLAND, PA 17070-1308
WILLIAM L. ADLER, ESQUIRE
4949 DEVONSHIRE ROAD
HARRISBURG, PA 17109
DATE:
iziiq
MANUEL E. CORDEIRO
A/K/A MANUEL CORDEIRO
DRENDA S. CORDEIRO
GUY LEROY
505 LEEWARD LANE
ENOLA, PA 17025-1348
GUY LEROY
6828 TORRESDALE AVENUE
1ST FLOOR
PHILADELPHIA, PA 19135
Phelan Hallinan, LLP/
By: A //
Ju in F. fobeski, Esq., Id. No.200392
Atto for Plaintiff
709777