Loading...
HomeMy WebLinkAbout13-4448 Supreme Court COU �,.Rlvr,l C OMM " ►Pleas For Prot /:onota Use On Y il )Cove; heet r CUMBERLANDFtw County Docket No: S lm l The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace thefiling and service ofpleadings or other papers as req uired by law or rules of court. Commencement of Action: 0 Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S Lead Plaintiff s Name: HSBC BANK USA, NATIONAL Lead Defendant's Name: MICHAEL W. BROWN, JR E ASSOCIATION AS TRUSTEE FOR NOMURA ASSET C ACCEPTANCE CORPORATION, ALTERNATIVE LOAN T TRUST, SERIES 2007 -1, MORTGAGE -PASS THROUGH I CERTIFICATES, SERIES 2007 -1 O Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits N y g q (Check one) 0 outside arbitration limits A Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No Name of Plaintiff /Appellant's Attorney: Meredith Wooters Esq.. Id No 307207 Phelan Hallinan. LLP ❑ Check here if you have no attorney (are a Self - Represented 1Pro Sel 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 include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination S ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board E ❑ Other: C T I ❑Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES B ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL LIABILITY ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 ff 4 13 r Jf n, i71! C� I) co 1 A till' y PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CIVIL DIVISION CORPORATION, ALTERNATIVE LOAN TRUST, � 1/ / Q SERIES 2007 -1, MORTGAGE -PASS THROUGH NO.: `7 `� CERTIFICATES, SERIES 2007 -1 C/O WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, VS. MICHAEL W. BROWN, JR 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011 -1049 GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011 -1049 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE otUR C � l3 a 989 062 -PA -v3 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 816462 And now comes HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007 -1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007 -1, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007 -1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007 -1, C/O WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, MICHAEL W. BROWN, JR and GILLIAN M. BROWN, are individuals whose last known address are 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 -1049. 3. HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007 -1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007 -1, directly or through an agent, has possession of the Promissory Note. HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007 -1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007 -1 is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about November 2, 2006, MICHAEL W. BROWN, JR and GILLIAN M. BROWN made, executed and delivered to WELLS FARGO BANK, N.A a Mortgage in the original principal amount of $172,800.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1973, Page 1836. The Mortgage is a 062 -PA -V3 matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded March 27, 2013, the mortgage was assigned to HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007 -1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007 -1 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201309711. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. MICHAEL W. BROWN, JR and GILLIAN M. BROWN are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2013. 8. As of 07/15/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $165,383.03 Interest 01/01/2013 through 07/15/2013 $4,674.33 Late Charges $152.31 Escrow Balance $(26.70) TOTAL $170,182.97 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 062-PA-V3 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. The mortgage premises are vacant and abandoned 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $170,182.97, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. a� `3 By: Date: ` I Meredith Wooters, Esq., Id. No.307207 I Attorney for Plaintiff 062 -PA -V3 Exhibit "A" BALLOON NOTE tFDn. Mete) THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME YOU WILL, THEREFORE, BE REQUIRED TO MAKE.PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. Mev.AbAr 2. i00{ CAMP WILL rsNMSTLtlAMIA cry 6rsN 1700 MALLARD ROAD CANT HILL PA 17011 vtoirry ActDnf 1. BORROWER'S PROMISE TO PAY In return for a loan t.Ht I have received, I Drori•. to may U-s. 4172.800.00 !this .Mount 1. .•lied ^Prinoiasl ^ ). P1.. interest, to the order or the Lender. The Lands, le ...LS PAR.. 'AN{ NA.. I will gate all payments under this Note in the fore of cash. check or eon.Y Order. I undarstend !bet !h• t'en0.r nay transfer this No N. The Langer or anyone who t.k•f this Note by treasf.r and rbe 1a entitled to receive payments under this Note is called the -Not* Nolde r." 2 INTEREST Interest will be ch.ro•d an unpaid Princfpa Until the fun .mount of "inci,el has boon Paid. I .111 pay interest at •iY••tly rate Of 7.7707. Th. Snt..esI rate reOYired by this Section 2 1. the rata t will pay bath before and after any dereult d ea.. ib.d In Section s[S) Of this Not.. 3. PAYMENTS (A) Time and Plabe of Payments I .111 pay P111910:1 and interest by .akin, , Payment •very ■ -nth. I will asks w ManehIV Payments en the let day of each month watnnlng an January. 2007. I mill mete tb•as daya•nt+ •very .Dorn unto I nee. Pod •u of en. prinesral end int.reae area any of har chorea•• ducrlb•d bale. that I eay ewe Yndan tni+ Nate. i•cn .ontnly p•,wnt .111 be : p ad . of its dcM.duled due date and win b, ."21.d to dntereat before Principal. If, en December 1. 2036 I still o.. ...unto under this Note. 1 will pay those uounts In roil en that date, Which 1, called the -Maturity Data.- 1 .111 ilk• .y monthly Pay unto at. 4 — - •13 er at • ditl•r.nt alma. It reoulrad by th e Not• Holder. (B) Amount of Monthly Payments My monthly payment '.Will be in the amount of U.3. 911149.20. 4. BORROWER'S RIGHT TO PREPAY I have the right to m %. Payment. or ►flnci0al at any ties b.r r. they • e due. A payment of P,S.e1..1 only la to sere • ^ Prep.Y..nt.^ When I ask• s rr•p:yea.t, t will tell the Net. Holder 1n Wrlting that x u deaf .:.:a. I emy mot detign.t • P.".nt ., A rreOaYeent if I have hot mAd. .11 the menthl, Pmy.anl. under this Nate. I day make • full Prep,y.enI er 9art1al pr•esYm.,to WIth..t Paul.. A Prepaye.ht charge. Ths Note Xol der .111 us. RY 9re..y.an. to rAOUte toe amount of rrin,IPal that t ew under LMIS Net.. however, the Not• Neldsr may apply w ►n asY.ant to tMA ....... And Vhp,ld interest en the or.esY... t .... nt b.1e r. Aoplwing mY Preowesht to rogues the Prtnslp,l aeeYnt Of thi, Net.. [t I oat• • Psrtlsi►rape, , ent. there 9111 be n Charles in the du. da to er 1n the ,.aunt o} mY .antbly %;w unless.tA. Not. Holder •ones In Writing to the,• Changes. 5. LOAN CHARGES; If , law, Which 80011.: to M1, loan end rA1oh ,eta oaimuw loan charges. !a ran.11y !nt•rerebd •O that the interest or ether lwn cb.r0es ooll•cUA er to DA eelLetad in eennectlon With th1A Is" exceed the P. Mitt A limit., than, ta) Any such loan herg. shall be reduced by the count e.ary to re duw tbi cherg. to tM p.raltt 1'I!,lt, and 1,2 anY mull ol el ready Ce11 :It.d tr­ b n e c .hieb ax ..dad D•rwf tt.d ilalta x111 e refunded to sae TA• Note Xdar .W ehOVAS to ask• this refund by reducing the Prin<lDal I de under tM1, Nat. or b, Making A dl,set payment to ea. If • r.fund redYaes ►r3neiP.1, the reduction WIn tie treste0 as ,partial prepayment. MO►4b. Ibm YtO IMt 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Chargesfor Overdue Payments It the Note Holderlhas net re ceived the full ..aunt of any monthly POVOtnt by the and of it calendar days •ft•r the data It 1s due. I will pay a late charge to the Note Holder. Tne amount of the chords will be SAW of ., — Id.. p.Y.ent et principal .nd Interest. I will ,ass this late chores promptly but Only ones en each lot* payment. (B) Default If I do not Pay the full amount of ...e monthly payment .n the data it I. due, I mill be in def•Ylt. (C) .Notice of Default If I am in default: the Het. Helder ..r .end :e . tr nett ce tellinc ■a tna if I do not f PeY the overdue asevnt jtry • nrtatn dab, the Not• Nter ■•y nquSn •• to paY IN e s•sat•av en• ull aminolpal anion hu net p• ue n fd end all the Snterut the! I o n that • once That d ount ot• cos Pr t be at leeat SO days after the date en mhleh !h• notice 1, .alled ae e, delivered ny attest peens. (0) No Waiver By. Note Holder Glen if, at • ties .When I a. in default, the Nob Holder doe. not result• a to paY ta.•dtetefy In full •• d.sarl..d shore, the Note Nelder r111 still haw the right to de to ff I em Sn d.fw It at a letet t1ae. (E) Payment of Note Holder's Coats and Expenses 1+ tn. Mee. xelder;h., required .• to per fma.dlately 1n }u. •a tle.erib.a .bare, tn. Hots Haider wIu mere one dent :o be pal• veto by me rot a. Of fee teats one . In •.caning this Not. ea en. .atent net pahlbited bl .,,..all. 1s N. Those expense. !.elude, rot ....pia, ru.an. his Ott. —: fee,. 7. GIVING OF NOTICES Un1e.. apou<.bfe ..quires a different method, any notice that must be given to i. Under eni. -Note rill be glen t by au dell.sins It Pr by ea111n1 St by lint elan to .e at tn, PreP.rtY Ad draw Ober. or at • dlff .rent odds.. it 1 site tM Me Holder • nativa of mss dlffennt addr•aa. MY notice loaf wst b• give to the Note Nelder under this H.I. will Ae given by na131hc It by 11%t elan ball to tn: Nate n Holder at 1% •demo stated 1. Sects.. 1(A) snow or aces d3ffennt add.... if [ a■ site.: notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE [} men roan o • Penen •lens Cola Note, each person fa fully and pe reonally ebllpated to ke„ all of the Oraalse. aa0* !n this Nob. 1ncludlnp M• promise to paY the full aaaunt grad. MY torso. mho 1s • ouster surety or endorser of this Not. 1s .tae oblf0.t.d to do these thfnas. Any pa men rho tekss or tMS• en lls•t10nf: Mtludinp tM *bIlgatlons of • ou ... nter, . rely c - endoraar o} this Note.: la also abllubd to keno all of the Oro■ m te. Y The Not. xe.er uY enforce It a rl Otte under this Not• against u.h me 1•aa ess 1n this No rlon lntlfr /dually a u,1mt all of us t000th•r. "This seen. that any en. of us may be required to Pay all of the .mounts eyed under this Note. 9. WAIVERS I and - .w .the, Palo. mne h.. oblip.eian_, under tat• Note -.iv. en. right* ar Pr•s.ntm..t and masse er p "onef. - pro whte.nt^ ■ . the ,Sant to require too Nee. Molder !o eeaaoa gasmen[ of • unto due. ^Net Its or dlshenar ^ . the right to require the Note Holder to site notice to other ,•roans that amounts due have net been cold. 10. UNI FORM. SECURED NOTE Ths. Nee. se • uniTSra'l.at...... meth ...It:. r.rt.tse.. in ee.* furisdiatlens. In .eal2fon to :he vrol.otian. air.. to the mot. Holder Y.d.r ens• eats. a Nertpge. Deed e/ Trust or 5eeu 1ty Dead (:ne - security tn:tw.•ntro, sates the same sae. ao fns. .'.tests the Nate Helder Ire. possibl. I..... mhi.h .1sht ra•ult 3f I do pot ke.P the pro al sea mhleh.l asks 1. this Note. That S.eu rity Instrument deuribea hot and under -hat eondltlon, I e•y be rwuired to asks l... diet. ,•yaafit in full at all- amounts I two under this Nob. Sou o1 tbos• evnds lions read as fe !lore, amounts Transfer of the Property or a Beneficial Interest In Borrower. A. used In this section 15, •Intarsst in the Property' • any local or bMflcial Intenat in t a Property, 1 n.ludinsr DYt not limited to, these nener latal inbnats tNnsterred in • bond far seed. ont fast fo deed: ins tell.ent s,les contract a . the Intent of rbith 1a the t.an.nr I till by sa rr, •t • tYlYn data to a e oUrthae• ssr•ea.nt t. ' If ell or any part, of the Property or any Interest In the Prop,rty 1s sold o transferred ter 11, eofrtmaf la not a n.1...I ,area. and a te.ef101al in terest 1n 10 rtover sa •old or tranaf•r ad) rllhevt L.neer�, - prior rHt ten .ensent, Lander e.Y r•sulre lvetlI at payment In full Of all suss .*cured by to f. So utSty Instrument. However. this option shall not be exercised tit Linder of such exercise 1, Prohibited by applicable law. Nor thlace ran pit MI Sr L.ne•r •prof s.s tAls eotien� L•ne•r ah.11 oil. sorrov.r notice of aoc Q•r.ti— The na ti e• s M11 FreYle. a .r100 or net 3.aa tMn s0 days from the Oat. th. n.tic• 1s .1v.n 1n accoreane. v1kA S•etien 16 v3tAin Ju len SarrOwr "at ,.Y All a •cu r.a Dy this S•c r/ uty tn.l ru,.nt. If ter raver fell, to emy th..• •ues Frier t0 utFlra if n of t.i. Fario e. NnG.r as invoke any •re r•,. diu o ., by this ......TV In,truv.nt vIth —t f.rtft.l netie• er eoaane on S•rr•vr. WITNESS THE HANUSS) AND :SEAL(S) OF THE UNDERS SHED MiC EL v SROVN) j l - serroy.r (s10n 01101n.1 Only) .a dassra ADDENDUM TO NOTE (Prepayment) . THIS ADDENDUM la made this .?S!1l..._.. day of ,NOVEM 2�6 , and Is Incorporated Into and Intended to form a part at the Note dated the some date As this Addendum. 1. no Note Is modified to provide that I have the right to make payments of principal at any thme before they are duo. A prepayment of all of the unpaid principal Is known as a 'full prepayment" A prepayment of only part of the unpaid principal Is known as a "partial prepayment" Except as provided below, I may make a full prepayment or a par?l prepayment at any Unto; without paying any penalty. However, It within the first 3bl4:e,. (.. .) ysar(s) after the execution of the Security Instrument 1 make full prepayment, I will pay a prepayment charge as follows: 7(„ If within the f"t year . after the execution of the Security Instrument I make fug prepayment, I wifl a prepayment charge In an amount equal to throe procant (3%) of the original principal amount If within the second year after the execution of the Securtty Instrument I make full prepaymehht, I will pay a prepayment charge In an amount equal to two percent (2%) of the original principal amount It within the third year after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge In an amount equal to one percent (1%) of the original principal amount .... It within the first year after the execution of the Security Instrument I make full prepayment, 1 wgl pay a prepayment charge In an amount equal to throe peocent (376) of the original principal amount. If within the second year after the execution of the Security Instrument 1 make full prepayment, I will pay a prepayment charge In an amount equal to two percent (2%) of the original principal amount „ It within the' first year after the execution of the Security Instrument I make full prepayment, I will.pay a prepayment charge In an amount equal to three present (376) of the original principal amount 2. In the event the maturity of the Note Is accelerated for any reason during the applicable period of the prepayment charge, then the prepayment charge set forth heroin shall be due and payable. 3. Ali Interest, foss and other amounts charged or accruing in connocton with the Note which ere considered 'Interest" within the manning of section 88 of the National Bartle Act (12 USC 6 8% 12 C.F.R. 6 7.4001(a)) shall be governed by and Interpreted under South Dakota law. In all other respects, the Nate and all related documents, as well as the rights, remedies, and dutlee of the Lender and the Borrower(s), shall be governed and interpreted by federal law with respect to national banks and, to the extant not prompted by federal law, the consumer protection laws of the state In which the reel eagle Is located. 4. All other provisions of the Note are unchanged by this Addendum and remain In full force and effect Dated: , 0� /� h ( / - Borrower Prepeymem Addendum Exhibit "B" LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: All that certain parcel of land and improvements therein situate in the Township of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 09- 18- 1304 -054 and more fully described in a Deed dated July 30, 2004 and recorded September 30, 2004 in Cumberland County in Deed Book 265, Page 2453, granted and conveyed unto Michael W. Brown, Jr. and Gillian M. Brown, his wife. UNDER AND SUBJECT TO restrictions as set forth in Misc. Book 120, Page 208. PROPERTY ADDRESS: 1200 MALLARD ROAD, CAMP HILL, PA 17011 -1221 PARCEL #09 -18- 1304 -054 Filet 816462 VERIFICATION Carol Adams, hereby states that he/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he /6ch is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisg information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). Name: Carol Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 07/18/2013 085 -PA -V2 File #816462 HSBC BANK USA, NATIONAL ASSOCIATION IN THE coU of COMMON AS.TRUSTEE FOR NOMURA ASSET P OF C UMBERLAND co ACCEPTANCE CORPORATION, ALTERNATIVE tGTY PENNSTLVANIA � LOAN TRUST, SERIES 2007 -1, MORTGAGE- - ate r - PASS THROUGH CERTIFICATES, SERIES 2007 -1 - C/O WELLS FARGO BANK, N.A. Plaintiff(s) 1 � -4 VS. GILLIAN M. BROWN MICHAEL W. BROWN, JR Defendant(s) Crvil 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 an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOME11/1 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? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION 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. 2. 3. Additional Income Description (not wages): I . 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 2 nd 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 Support/Alim. Spending Money Day /Child Care /Tuft. 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: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your .lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, named , authorize the above to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements I Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTYM r°a Ronny R Anderson C: Sheriff ::K �it tv Of itur�ri, ;:Do t r'3 Jody S Smith ., lzol� � c-s - ; Chief Deputy , ,+" i C) Richard W Stewart Solicitor Qrrj�^E OF THE SVERIFF =Ci CDC , y --i HSBC Bank USA, N.A. vs. Case Number Michael W Brown, Jr. (et al.) 2013-4448 SHERIFF'S RETURN OF SERVICE 08/01/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael W Brown, Jr., but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 1200 Mallard Road, East Pennsboro, Camp Hill, PA 17011. Per notice posted on front door residence is vacant and abandoned. 08/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gillian M Brown, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 1200 Mallard Road, East Pennsboro, Camp Hill, PA 17011. Per notice posted on fron door residence is vacant and abandoned. 08/05/2013 09:02 PM- Deputy Jeff Kolodzi, 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: Gillian M Brown at 1021 Country Club Road, East Pennsboro, Camp Hill, PA 17011. J Fr ,,XK0f,10DZI, DEPUTY 08/05/2013 09:02 PM- Deputy Jeff Kolodzi, 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: Michael W Brown, Jr. at 1021 Country Club Road, East Pennsboro, Camp Hill, PA 17011. J KOOODZI, DEPUTY SHERIFF COST: $77.90 SO ANSWERS, August 06, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Shorifi,Telecsof#,Inc. 1' ui- "H PROTHONOTARY . PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 �SE� 1617 JFK Boulevard, Suite 1400 9 AM g. 27 One Penn Center Plaza CU PEN LAtdD COUNTY Philadelphia, PA 19103 NS MANIA Jonathan.Lobb @phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION CUMBERLAND COUNTY AS TRUSTEE FOR NOMURA ASSET COURT OF COMMON PLEAS ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST,SERIES 2007-1, CIVIL DIVISION MORTGAGE-PASS THROUGH CERTIFICATES,SERIES 2007-1 No. 13-4448 CIVIL VS. MICHAEL W.BROWN,JR GILLIAN M.BROWN 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 MICHAEL W. BROWN, JR is over 18 years of age and has last known addresses at 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049 and 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221. (c) that defendant GILLIAN M. BROWN is over 18 years of age and has last known addresses at 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049 and 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 816462 Department of Defense Manpower Data Center Results as of:Sep-06-201304:23:19 SCRA 3.0 Status Report Pursuatit to Servicemembera Civil Relief Act Last Name: BROWN First Name: GILLIAN Middle Name: M Active Duty Status As Of: Sep-06-2013 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. )e *1119, )4- )1 .+A��_ 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:Sep-06-2013 04:23:24 SCRA 3.0 Status deport ,Pursuant to Senricemembers Civil belief Act Last Name: BROWN First Name: MICHAEL Middle Name: W Active Duty Status As Of: Sep-06-2013 On Active Duty On Active Duty Status Dale 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. 014 11 )4— , I 04 04,4—,4��_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 PHELAN HALLINAN, LLP Plaintiff � � i# Attorney for Plainti Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 HSBC BANK USA, NATIONAL CUMBERLAND COUNTY ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE COURT OF COMMON PLEAS CORPORATION,ALTERNATIVE LOAN TRUST, SERIES 2007-1, CIVIL DIVISION MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1 No. 13-4448 CIVIL VS. MICHAEL W. BROWN,JR GILLIAN M. BROWN 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 MICHAEL W. BROWN,JR and GILLIAN M. BROWN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $170,182.97 TOTAL $170,182.97 I hereby certify that (1) the Defendants' last known addresses are 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1.049 and 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date at� J athan Lobb, Esq., Id. No.3121.74 Attorney f Plai DAMAGES RE HEREBY ASSESSED AS INDICATED. DATE: 3 4C Q+ PH 4 816462 PRO ONOTARY 816462f) g..W�?9s(�o rvo4cQ /Ylac red PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION CUMBERLAND COUNTY AS TRUSTEE FOR NOMURA ASSET COURT OF COMMON PLEAS ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST,SERIES 2007-1, CIVIL DIVISION MORTGAGE-PASS THROUGH CERTIFICATES,SERIES 2007-1 No. 13-4448 CIVIL VS. MICHAEL W.BROWN,JR GILLIAN M.BROWN 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 MICHAEL W. BROWN,JR is over 18 years of age and has last known addresses at 1021 COUNTRY CLUB ROAD, CAMP HILL,PA 17011-1049 and 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221. (c) that defendant GILLIAN M. BROWN is over 18 years of age and has last known addresses at 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 1.7011-1049 and 1200 MALLARD ROAD, CAMP HILL,PA 17011-1221. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date q ,.3 elan Hallinan,LLP Jonathan Lobb, Esq., Id. No.312.174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia, PA 19103 215-563-7000 816462 ' Department of Defense Manpower Data Center Results as of:Sep-11-2013 12:08:58 SCRA 3.0 Status R'U'Pott Pursuant to Scrvicemembcrs.Civil Relief Act Last Name: BROWN First Name: MICHAEL Middle Name: W Active Duty Status As Of: Sep-11-2013 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. Aaj .1rol. ',4J(01&4 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:Sep-11-2013 12:08:56 SCRA 3.0 Stag Rep art I ursuant o Sere cememb us Civil.Relief Act Last Name: BROWN First Name: GILLIAN Middle Name: M Active Duty Status As Of: Sep-11-2013 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 individuat 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. 04,,4_� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 I I I (Rule of Civil Procedure No. 236) - Revised HSBC BANK USA, NATIONAL CUMBERLAND COUNTY ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE COURT OF COMMON PLEAS CORPORATION,ALTERNATIVE LOAN TRUST, SERIES 2007-1,MORTGAGE- PASS THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2007-1 No. 13-4448 CIVIL VS. MICHAEL W. BROWN,A GILLIAN M. BROWN Notice is iven that a Judgment in the above captioned matter has been entered against you on By: . If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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.** 816462 HSBC BANK USA,NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR NOMURA ASSET CIVIL DIVISION ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE- NO. 13-4448 CIVIL. PASS THROUGH CERTIFICATES,SERIES 2007-1 Plaintiff CUMBERLAND COUNTY V. MICHAEL W.BROWN,JR GILLIAN M.BROWN Defendant(s) TO: MICHAEL W.BROWN,JR 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 DATE OF NOTICE: 48 -la 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: J ti Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#816462 HSBC BANK USA,NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR NOMURA ASSET CIVIL DIVISION ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE- NO. 13-4448 CIVIL PASS THROUGH CERTIFICATES,SERIES 20074 Plaintiff CUMBERLAND COUNTY V. MICHAEL W.BROWN,JR GILLIAN M.BROWN Defendant(s) TO: MICHAEL W.BROWN,JR 1200 MALLARD ROAD CAMP HILL,PA 17011-1221 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 i ,(717)249-3166 By:Pc,—,t Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#816462 HSBC BANK USA,NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR NOMURA ASSET CIVIL DIVISION ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST, SERIES 2007-1,MORTGAGE- NO. 13-4448 CIVIL PASS THROUGH CERTIFICATES,SERIES 2007-1 Plaintiff CUMBERLAND COUNTY V. MICHAEL W.BROWN,JR GILLIAN M.BROWN Defendant(s) TO GILLIAN M.BROWN 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-10,4x9 DATE OF NOTICE: t- 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:._ A / Jot #than tab ,.11sq.,I& No.312174 Attorney for Plaintiff Phelan Hallinan,LL.P 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#816462 HSBC BANK USA, NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE CIVIL DIVISION LOAN TRUST,SERIES 2007-1,MORTGAGE- NO. 13-4448 CIVIL PASS THROUGH CERTIFICATES,SERIES 2007-1 V. Plaintiff CUMBERLAND COUNTY MICHAEL W.BROWN,JR GILLIAN M.BROWN TO: GILLIAN M.BROWN Defendant(s) 1200 MALLARD ROAD CAMP HILL,pA 17011-1221 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 BECAUSr YOU I1:AVE FAILED TO E TIER A WRlrI'EN APPEARANCE PERSONALLY OR BY ATTORNEY:ANT) FILI IN WRH"ING WjTht 'I'1--1I YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SL i'1 ORTH AGAINST YOU 1)NI >E S XC3U ACT WITHIN TEN DAYS FR01111 Tl1E DATE OF TRIS 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 C ANNOT AFFORD 11O HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU V4r1T°11 INFORMATION ABOUT AGENC'II S`I`HAT MAY OFFER LEGAL SERVICES TO EILIGIBL1E PERSONS AT A REDUCED IEEE 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 170I3 (717)249-3166 By, t<�than h ol>1 ,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#816462 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR COURT OF COMMON PLEAS NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE-PASS THROUGH CIVIL DIVISION CERTIFICATES,SERIES 2007-1 Plaintiff NO.: 13-4448 CIVIL V. CUMBERLAND COUNTY MICHAEL W.BROWN,JR GILLIAN M.BROWN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $170,182.97 Interest from 09/12/2013 to Date of Sale $4,896.50 ($27.98 per diem) TOTAL $175,079.47 Ian Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 n .ry Attorney for Plaintiff 2 C" > Note: Please attach description of property. p PH#816462 ' CD r' CIC-) I LO OC9 -� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,-PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES,SERIES 2007-1 Plaintiff V. MICHAEL W.BROWN,JR GILLIAN M.BROWN Defendant(s) PRAECII'E FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: Ph An Hallinan,LLP MICHAEL W.BROWN,JR 1021 COUNTRY CLUB ROAD Jonathan Lobb,Esq.,Id.No.312174 CAMP HILL,PA 17011-1049 Attorney for Plaintiff GILLIAN M.BROWN 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 LEGAL DESCRIPTION ALL THAT CERTAIN plot of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of Mallard Road, at the corner of Lot No. 88 as shown on the hereinafter mentioned Plan of Lots; thence along the line of Lot No. 88, South 79 degrees 24 minutes West, 120.94 feet to a point on the line of Lot No. 90 on said Plan of Lots; thence along the line of said Lot No. 90, South 34 degrees 40 minutes East, 126.49 feet to a point on the north side of Meadow Drive; thence along the north side of Meadow Drive, North 67 degrees 20 minutes East, 10.27 feet to a point; thence continuing along the north side of Meadow Drive and along the west side of Mallard Road, on a curve to the left having a radius of 75 feet, an are distance of 102.01 feet to a point; thence continuing along the west side of Mallard Road, North 10 degrees 36 minutes West, 40 feet to a point at the corner of Lot No. 88 aforesaid, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house. UNDER AND SUBJECT TO restrictions as set forth in Misc. Book 120, Page 208. TITLE TO SAID PREMISES IS VESTED IN Michael W. Brown, Jr. and Gillian M. Brown, his wife, by Deed from Joseph M. Lund and Lori A. Lund, his wife and The Homestead Group, Inc., a Pennsylvania Corporation, dated 07/30/2004, recorded 09/30/2004 in Book 265, Page 2453. PREMISES BEING: 1200 MALLARD ROAD,CAMP HILL,PA 17011-1221 PARCEL NO.09-18-1304-054 PHELAN HALLINAN, LLP !L ED-`i F H CE-' Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 " FHA. PROTHONOTA;rll` 1617 JFK Boulevard, Suite 1400 Z (. One Penn Center Plaza 2013 SEP Philadelphia, PA 19103 CUMBERLAND COUNTY Jonathan.Lobb @phelanhallinan.com PENNSYLVANIA 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE COURT OF COMMON PLEAS FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1,MORTGAGE- CIVIL DIVISION PASS THROUGH CERTIFICATES, SERIES 2007-1 Plaintiff NO.: 13-4448 CIVIL V. CUMBERLAND COUNTY MICHAEL W. BROWN.,JR GILLIAN M. BROWN Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 4olan Ha linan,LLP neathan Lobb,Esq.,Id.No.3121.74 Attorney for Plaintiff r HSBC BANK USA, NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST, CIVIL DIVISION SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1 NO.: 13-4448 CIVIL Plaintiff V. CUMBERLAND COUNTY MICHAEL W.BROWN,JR GILLIAN M. BROWN Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1,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 1200 MALLARD ROAD,CAMP HILL,PA 17011-1221. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MICHAEL W.BROWN,JR 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 � cis GILLIAN M.BROWN 1021 COUNTRY CLUB ROAD M CAMP HILL,PA 17011-1049 t" — 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) r ; MICHAEL W.BROWN,JR 1021 COUNTRY CLUB ROAD '. CAMP HILL,PA 17011-1049 GILLIAN M.BROWN 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ. PROBATION CARLISLE,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 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. PH# 816462 v ` 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 1200 MALLARD ROAD CAMP HILL,PA 17011-1221 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 17108-1.754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By. Plara n Hallinan,LLP Jonathan Lobb,Esq.,Id.No.3121.74 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 816462 HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE COURT OF COMMON PLEAS FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST,SERIES 2007-1, CIVIL DIVISION MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1 : NO.: 13-4448 CIVIL Plaintiff : : CUMBERLAND COUNTY VS. . MICHAEL W. BROWN,JR GILLIAN M. BROWN Defendant(s) ,rn r -, Nt�- CD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY =C) TO: MICHAEL W.BROWN,JR v�— _ co GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 "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 1200 MALLARD ROAD, CAMP HILL,PA 17011-1221 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$170,182.97 obtained by HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1 (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 31.29.3. 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 LEGAL DESCRIPTION ALL THAT CERTAIN plot of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of Mallard Road, at the corner of Lot No. 88 as shown on the hereinafter mentioned Plan of Lots; thence along the line of Lot No. 88, South 79 degrees 24 minutes West, 120.94 feet to a point on the line of Lot No. 90 on said Plan of Lots; thence along the line of said Lot No. 90, South 34 degrees 40 minutes East, 126.49 feet to a point on the north side of Meadow Drive; thence along the north side of Meadow Drive, North 67 degrees 20 minutes East, 10.27 feet to a point; thence continuing along the north side of Meadow Drive and along the west side of Mallard Road, on a curve to the left having a radius of 75 feet, an arc distance of 102.01 feet to a point; thence continuing along the west side of Mallard Road, North 10 degrees 36 minutes West, 40 feet to a point at the corner of Lot No. 88 aforesaid, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house. UNDER AND SUBJECT TO restrictions as set forth in Misc. Book 120, Page 208. TITLE TO SAID PREMISES IS VESTED IN Michael W. Brown, Jr. and Gillian M. Brown, his wife, by Deed from Joseph M. Lund and Lori A. Lund, his wife and The Homestead Group, Inc., a Pennsylvania Corporation, dated 07/30/2004, recorded 09/30/2004 in Book 265, Page 2453. PREMISES BEING: 1200 MALLARD ROAD,CAMP HILL,PA 17011-1221 PARCEL NO.09-18-1304-054 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4448 CIVIL HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1 V. MICHAEL W. BROWN,JR GILLIAN M. BROWN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1200 MALLARD ROAD, CAMP HILL,PA 17011-1221 Parcel No. 09-18-1304-054 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $170,182.97 Attorneys for Plaintiff Phelan Hallinan, LLP I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4448 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 NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES,SERIES 2007-1 Plaintiff(s) From MICHAEL W.BROWN,JR,GILLIAN M. BROWN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $170,182.97 L.L.: $.50 Interest from 9/12/13 to Date of Sale($27.98 PER DIEM)-$4,896.50 Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.65 Other Costs: Plaintiff Paid: Date: 9/12/13 David D.B ell,Prothonot ry (Seal) BY Deputy REQUESTING PARTY: Name: JONATHAN LOBB,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. 312174 • C'lr� ., jr 7'r r-�r r'i r ra 22213 DEC 23 P-1 10: 21 CIRfrEil,A 'D COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, • Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, : MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL v. MICHAEL W. BROWN, JR GILLIAN M. BROWN 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 July 29, 2013. 2. Judgment was entered on September 12, 2013 in the amount of$170,182.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 816462 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. 4. The Property is listed for Sheriffs Sale on March 12, 2014. 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 $165,383.03 Interest Through January 11, 2014 $8,920.48 Late Charges $152.31 Legal fees $2,075.00 Cost of Suit and Title $1,429.05 Escrow Deficit $2,877.71 TOTAL $180,837.58 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 19, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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". 816462 10. 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: i21Z0I13 By: John D. Km , Esquire ATTORNEY FOR PLAINTIFF 816462 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, • Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, : MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL • v. MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MICHAEL W. BROWN,JR 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 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221. The Mortgage 816462 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 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). 816462 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 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. 816462 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 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, 816462 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. 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. 816462 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 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. 816462 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 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, 816462 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. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 816462 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: sz/7413 By: John D. Kr , Esquire Attorney for Plaintiff 816462 Exhibit "A" 816462 ru_c.,-urri tic. <il^ THE PROTHONOTARY PHELAN HALLINAN, LLP 2013 SEP 12 PM 1: G Li Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL : CUMBERLAND COUNTY ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE : COURT OF COMMON PLEAS CORPORATION,ALTERNATIVE LOAN TRUST,SERIES 2007-1, : CIVIL DIVISION MORTGAGE-PASS THROUGH CERTIFICATES,SERIES 2007-1 : No. 13-4448 CIVIL vs. MICHAEL W.BROWN,JR GILLIAN M.BROWN 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 MICHAEL W.BROWN,JR and GILLIAN M. BROWN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $170,182.97 TOTAL $170,182.97 I hereby certify that(1)the Defendants'last known addresses are 1021 COUNTRY CLUB ROAD, CAMP HILL,PA 17011-1049 and 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date R hi//3 J athan Lobb, Esq.,Id. No.312174 Attorney f Plai DAMAGES RE HEREBY ASSESSED AS INDICATED. DATE: (RE PH#816462 PRO ONOTARY o otikt ""' j� 816462 et:# /3y. /2 ,;29s6o- vacP Mai red Exhibit "B" 816462 0'V2 ') COL6 12 .., 00 �/ l X E :* a S3M0 A. iki<<3v.L�sr .>,. 'ni r- .. , ' t{e'' pp 12- ..� b'3 - E 111 o 1 11 i §! . li -111 0 o lit .2 t o ilid A. t.1 w , 0, G Q kg g CZ = 0 "Lit c Dad . 0000 . 0202real )4 - , ava, ,ors. . a, v S * * U V * it 1 r- ►. ,. ..t to -aw E ^ N Ci zd4 :-.1 G.;T., I PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania December 12,2013 MICHAEL W. BROWN, JR GILLIAN M.BROWN 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 RE: HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST, SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1. v. MICHAEL W. BROWN, JR and GILLIAN M. BROWN Premises Address: 1200 MALLARD ROAD CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 13-4448 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 12/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, )41,1„,, John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff Enclosure 816462 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, • Civil Division • ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE-PASS THROUGH CERTIFICATES, • CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL • v. MICHAEL W. BROWN, JR GILLIAN M. BROWN 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. MICHAEL W. BROWN, JR MICHAEL W. BROWN, JR GILLIAN M. BROWN GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD 1200 MALLARD ROAD CAMP HILL, PA 17011-1049 CAMP HILL, PA 17011-1221 Phelan Hallinan,LLP DATE: /2/243 By: John D. ohn, Esquire ATTORNEY FOR PLAINTIFF 816462 . r f • , U' 2oI3Jc3a PIS 1/ la cup: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, • Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, : MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL v. MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendants RULE AND NOW, this 30' day of J'ac',w.4f 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T ' COURT / / � je:44 • J. * • >f 816462 V J9fin D. Krohn, Esq., Id.No.312244 ., helan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,,,MICHAEL W. BROWN, JR //MICHAEL W. BROWN, JR C GILLIAN M. BROWN 4 GILLIAN M. BROWN 1 4„.4.021 COUNTRY CLUB ROAD / 71200 MALLARD ROAD CAMP HILL, PA 17011-1049 CAMP HILL, PA 17011-1221 816462 816462 TH€ P,ROTHOOTA 'r 4J - H j: i�► CU ZOl#B£RAN�AND 9 P COtINT'i' PENNSYLVAi IA 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 NOMURA ASSET • ACCEPTANCE CORPORATION, • Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, • MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff No.: 13-4448 CIVIL • vs. MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 30, 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. MICHAEL W. BROWN, JR MICHAEL W. BROWN, JR GILLIAN M. BROWN GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD 1200 MALLARD ROAD CAMP HILL, PA 17011-1049 CAMP HILL, PA 17011-1221 Phel. all j . , L DATE: By: Mr JonatTI M. Etkowicz, Esq., Id.No.208786 Attorn-y for Plaintiff 816462 ...-s` rte" n''7 T" 2314 JAN 23 111:2 ; CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, • Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, : MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL vs. MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendants MOTION TO MAKE RULE ABSOLUTE HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1, 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 December 23, 2013. 816462 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 12, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on December 30, 2013 directing the Defendants to show cause by January 20, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 20, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: //2- //V By: J athan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff • 816462 Exhibit "A" 816462 I 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 December 12,2013 MICHAEL W.BROWN, JR GILLIAN M.BROWN 1021 COUNTRY CLUB ROAD CAMP HILL,PA 17011-1049 RE: HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION,ALTERNATIVE LOAN TRUST, SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2007-1. v. MICHAEL W. BROWN, JR and GILLIAN M. BROWN Premises Address: 1200 MALLARD ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 13-4448 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 12/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, Eq., Id.No.312244 Attorney for Plaintiff Enclosure 816462 ■ . 0OV OO $ otk,,, : 1,4ki .ay�T• a� , sMORANaeix3ovl odSf ., .," .. tie Z j :TAO P„ 4 4 g ig fog! e 11 . r 4 u a. ill 111;y . a I II 10 I 3,1.,::z.4,74 . g ,� i iJi j! 4 x.111 , . i f 4 w t ti a. is 0°0 : Q .- . U c. o nSIz � 4a � � < E -: W44 •to as s a ..- oa z 1.7 ..2 0 -1ti 1-a 4 6 .�wj ...mod t CI. " OS g rA v 9 M .9 ' E . t1 zoo N. w Exhibit "B" 816462 f • I' • (Ar 2013 DEC30 q: CUM 4x F .. _ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION • Court of Common Pleas • AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, Civil Division • ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL • • v. MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendants RULE AND NOW,this 30' day of.,w•,lv 2014,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T ' COURT A • • � J. • ♦f 816462 • Jg1Sn D.Krohn,Esq., Id.No.312244 ., helan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 ..MICHAEL W. BROWN, JRCHAEL W. BROWN,JR L GILLIAN M. BROWN GILLIAN M. BROWN 4/1.021 COUNTRY CLUB ROAD ) �/00 MALLARD ROAD CAMP HILL,PA 17011-1049 CAMP HILL,PA 17011-1221 816462 816462 ,.. Exhibit "C" _s } • 2.014 J1N 9 1 1 Phelan 1-lallinan, 1,LP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@aphelanhallinan.c$.n . vv., 215-563-7000 Please HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, • Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, . MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff No.: 13-4448 CIVIL vs. MICHAEL W. BROWN,JR let GILLIAN M. BROWN t ; Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 30, 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. MICHAEL W. BROWN,JR MICHAEL W. BROWN,JR GILLIAN M: BROWN , ° GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD ' - 11200 MALLARD ROAD CAMP HILL, PA 17011-1049 CAMP HILL, PA 17011-1221 Phel< 5I all , L ' DATE:AlSiti By: Jonat M.Etkowicz,Esq.,Id.No.208786 Mom y for Plaintiff 816462 J Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION : Court of Common Pleas AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, : Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, : MORTGAGE-PASS THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2007-1 Plaintiff • No.: 13-4448 CIVIL • vs. MICHAEL W. BROWN, JR GILLIAN M. BROWN 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. MICHAEL W. BROWN, JR MICHAEL W. BROWN, JR GILLIAN M. BROWN GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD 1200 MALLARD ROAD CAMP HILL, PA 17011-1049 CAMP HILL, PA 17011-1221 Phelan Hallinan, LLP DATE: / /)-2//y By: J than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 816462 L4 t_ oi IvC. tf'4 PK0TH0NoTr,,;',` IN THE COURT OF COMMON PLEAS 201 JAN 27 PM : 56 CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND Cf71NT1' HSBC BANK USA, NATIONAL ASSOCIATION Court of CommonPlFt sSYLVANIA AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, Civil Division ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE-PASS THROUGH CERTIFICATES, CUMBERLAND County SERIES 2007-1 Plaintiff No.: 13-4448 CIVIL vs. MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendants ORDER AND NOW, this Z'?' day of Uk,,,,',? , 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 $165,383.03 Interest Through January 11, 2014 $8,920.48 Late Charges $152.31 Legal fees $2,075.00 Cost of Suit and Title $1,429.05 Escrow Deficit $2,877.71 I TOTAL $180,837.58 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. E COUR J J. J. rn . 816462 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY r- HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR c-- c-- ".:1."'' NOMURA ASSET ACCEPTANCE CORPORATION, PH#81(462 ..:.,- --rt ,:-1",'. ALTERNATIVE LOAN TRUST,SERIES 2007,1,MORTGAGE- %•'t-cl I:51 -..,).c. PASS THROUGH CERTIFICATES,SERIFS 2007-1 ' ,.--",.) cr,37 DEFENDANT SERVICE TEA1v1/lxh -4,---.... MICHAEL W.BROWN,JR COURT NO.; 13-4448 CIVIL r°f.1.----", .;;•• ,.......-„,1,--- GILLIAN M.BROWN .L.s.-- '.Z.C7 ''''" ".--4 SERVE GILLIAN M.BROWN AT: TYPE OF ACTION 1021 COUNTRY CLUB ROAD XX Notice of Sheriff's Sale -7 CAMP HILL,PA 17011-1049 SALE DATE: March 5,2014 SERVED i Served and made known to GILLIAN M.BROWN,Defendant on the day of O'Cro%Eft— ,20 17 at 914 5-,o'clock.?M,,at (Ott Cwt.-Mil' c1PC6, CL () ,in the manner described below Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is %Ai C.14 114- IA) (3120.4J 1•4.31t. 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: „ 3 u. 1 9:1 Description: Age___:10 Height 5'7 Weight Race Sex l'A Other I, Oce*k-IN-Pr°( etWi ,a competent adult,hereby venfy that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE:„V) _f 24)CI ( i NAME: rfkr(ki c.-- PRINTED NAME: 14-62(0"tei- DefedU TITJ.E: Etu)ctts &egke2- NOT SERVED On the day of ,20 ,at o'clock .M.,1, ,a competent adult hereby state that • It II N i .. ause: 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 IS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hainan,LLP 1617 IFR 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 NOMURA ASSET ACCEPTANCE CORPORATION, PH#816462 ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE- PASS THROUGH CERTIFICATES,SERIES 2007-1 C) DEFENDANT SERVICE TEAM/Ixh MICHAEL W.BROWN,JR COURT NO.:13-4448 CIVIL -11 GILLIAN M.BROWN rf1 rn cc) SERVE MICHAEL W.BROWN,JR AT: TYPE OF ACTION E; 1021 COUNTRY CLUB ROAD XX Notice of Sheriff's Sate —- CAMP HILL,PA 17011-1049 SALE DATE: March 5,2014 r SERVED 4rved and made known to MICHAEL W.BROWN,JR,Defendant on the L day of Ct-Tte'cgt`-' ,,20 t LIS:o'clock QM., tal------E.44441. 403,0 in the manner described below: p Defendant rsonally served. Adult family member with whom Defendant(s)reside(s). Relationship is 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 I Race 1/4--) Sex M..Other I, (—• -4wil4.J,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities, DATE: If 24)( NAME: PRINTED NAME: AW5etis-A mu: (42ot Sm-K17-. NOT SERVED On the day of ,2Q_,at o'clock M.,I, ,a competent adult hereby state thaTUeTendant •111 .ecause: 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 \L6 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY -13 y art HSBC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR ts) f � "`• NOMURA ASSET ACCEPTANCE CORPORATION, PH#816462 '-J ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE- PASS THROUGH CERTIFICATES,SERIES 2007-1 v DEFENDANT SERVICE TEAM/Ixh .n ); MICHAEL W.BROWN,JR COURT NO.:13-4448 CIVIL -z r{ GILLIAN M.BROWN ---G SERVE GILLIAN M.BROWN AT TYPE OF ACTION -� 1021 COUNTRY CLUB ROAD XX Notice of Sheriff's Sale CAMP BILL,PA 17011-1049 SALE DATE: March 5,2014 SERVED Served and made known to GILLIAN M.BROWN,Defendant on the day of 040€ ,20 17,at St`s S oclock ?M„at (01.1 CC ( tQ in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is_loi eN M . W .0124)14.4.1 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 S`'} Weight i Y Race kJ Sex Other I. 'L-Pr O°C2l,I a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the.address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: tQ 2+.'t 3 NAME: /41(‘ ,�, � PRINTED NAME: (tt"�''��i {4- C-40 TITLE: fribLets & 2f2 NOT SERVED On the day of ,20.,at o'clock ,M.,I, r_. ,a competent adult hereby T state tha `endyant F. r secause: _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 PLALNTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY IISSIIC BANK USA,NATIONAL ASSOCIATION AS TRUSTEE FOR NOM URA ASSET ACCEPTANCE ANCE CORPORATION, PH#816462 ALTERNATIVE LOAN TRUST,SERIES 2007-1,MORTGAGE- PASS THROUGH CERTIFICATES,SERIES 2007-1 DEFENDANT SERVICE TEAM/bib MICHAEL W.BROWN.JR COURT NO.:13-4448 CIVIL ,.a GILLIAN M.BROWN �� c� SERVE MICHAEL W,BROWN,JR AT: TYPE OF ACTION �P e tr► 1021 COUNTRY CLUB ROAD XX Notice of Sheriff's Sale t . , CAMP HILL,PA 17011-1049 SALE DATE: March 5,2014 I SERVED Q ) 32' C4 -5red and made known to MICHAEL W.BROWN,IR,Defendant on the ( day of Cr-lbge'f:— ,20« ';(15 ,o'clock PM.,at talk EO T(14( Cwq (2,0AO ,in the mariner described below; G •• •. Defendant personally served. , Adult family member with whom Defendant(s)reside(s). -! p Relationship is, 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. officer of said Defendant's company. Other; -- 3,_Description: Age —V" Height S .> Weight _ Race Sex Other I. '1"Pt-, ?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 unworn falsification to authorities, _,�,/ DATE; t0Jt /ZJt 3 NAME: �"'7! t j PRINTED NAME: 5 t 11`A (X-tediki TITLE: erlocesi stnidoz.. NOT SERVED On the_ da of 20 ,at o'clock M.,I, ,a competent adult hereby state that #'endyant •`if because: Vacant Does Not.Exist Moved Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1017 Jh'K Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (21.5)563,7000 �.r-n`J Try.. n Cz-1 Ell PHELAN HALLINAN,LLP Attorney for Plaintiff n; —" Adam H.Davis, Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 ', One Penn Center Plaza . o r t, Philadelphia,PA 19103 c Adam.Davis @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 NOMURA ASSET ACCEPTANCE . CORPORATION,ALTERNATIVE LOAN TRUST, COURT OF COMMON PLEAS SERIES 2007-1,MORTGAGE-PASS THROUGH CERTIFICATES,SERIES 2007-1 CIVIL DIVISION Plaintiff, . No.: 13-4448 CIVIL v. MICHAEL W.BROWN,JR GILLIAN M.BROWN 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 hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Date: 27/0///4. Attorney for Plaintiff 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#816462 096 ) sotsi dlz 4 30 r sOd'S"R . •'' ,41, . . '\'-‘'S �, I as .2 a oi X $ :f. ill' Ill' 1111 4rffi u• .1 gli 0 21 i N 2 F U.1 • U • . A 1 Z t V E a, 6:s O 0 o § • 1 fil .'g . ,t ,4t a g ID ii •?)[-, O � Q . O v A dJL { • g, _ F y t .1 .c , 116 tz .� � p ,t,' 0.ra e'� a iglIA" 1.p, Wn •« � C{ }t �l py ft r 7.' er^�,�t ga s u{t o C '" s o �, ft ...el i) V ..r ii.A V ..r V V 12. .". ► ..r D i�, r�.6� .. .' I . .. . .. 4 • . . .: . .1 * s It 'a.. a . ..•, i 4 . ar.• At r. z.Q.8 a ? „ m '.J —J, °° a� e0.s4 diZ "t ®. ' r /III V / TT g'. S3MOSA3N1w<(3 ,V.1.SOd-S71 I,.'.'' - iiOZ b l •.;.::L , deo 418g as a S /«1., 1x ili 4' fl V. 114 V. Pt M OE ;Ilk a I Kit ii .9 ,41..E it H 0 I g. v ii�°iX = . : ,5 4t 41-0641 a Q u W O 0. . 4 0, 40 a - te c ° ; ; 2 a do •� • M-? °' < mawa. P4a ,m � as s To. "E ‘tegZ1414 )4ZU 2 a `Ooc ZAt/ � u4 �4' uat �4 h. .D ,w r- .8 "' 11 f Ronny R Anddr$Vn Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY raw r IUL 10 Al $: 2j) CUMBERLAND COUNTY PENNSYLVANIA HSBC Bank USA, N.A. vs. Michael W Brown, Jr. (et al.) Case Number 2013-4448 SHERIFF'S RETURN OF SERVICE 01/08/2014 01:35 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be gillian brown spouse, who accepted as "Adult Person in Charge" for Michael W Brown, Jr. at 1021 Country Club Road, East Pennsboro, Camp Hill, PA 17011, Cumberland County. 01/08/2014 01:35 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Gillian M Brown at 1021 Country Club Road, East Pennsboro, Camp Hill, PA 17011, Cumberland County. 01/08/2014 02:04 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1200 Mallard Road, East Pennsboro Twp, Camp Hill, PA 17011, Cumberland County. 03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 15,000.00 to Attorney Joseph Schalk, on behalf of , being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted SHERIFF COST: $1,540.15 SO ANSWERS, May 01, 2014 RONR ANDERSON, SHERIFF (c) CourifySki,Le Sherif`. •releosoft, !nc. � -De pd ' ac. 1.s- i • Co- , so Pd . L1-- izot 3e)(36, s1 HSBC BANK USA, NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, CIVIL DIVISION SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1 NO.: 13-4448 CIVIL Plaintiff v. CUMBERLAND COUNTY MICHAEL W. BROWN, JR GILLIAN M. BROWN Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1, 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 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL W. BROWN, JR GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL W. BROWN, JR 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 GILLIAN M. BROWN 1021. COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ. PROBATION CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. PH # 816462 4 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 None. Address (if address cannot be reasonably ascertained, please indicate) 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 TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE Address (if address cannot be reasonably ascertained, please indicate) 1200 MALLARD ROAD CAMP HILL, PA 17011-1221 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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: 143 PH # 816462 By: P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4448 CIVIL, HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1 v. MICHAEL W. BROWN, JR GILLIAN M. BROWN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221 Parcel No. 09-18-1304-054 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $170,182.97 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN plot of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of Mallard Road, at the corner of Lot No. 88 as shown on the hereinafter mentioned Plan of Lots; thence along the line of Lot No. 88, South 79 degrees 24 minutes West, 120.94 feet to a point on the line of Lot No. 90 on said Plan of Lots; thence along the line of said Lot No. 90, South 34 degrees 40 minutes East, 126.49 feet to a point on the north side of Meadow Drive; thence along the north side of Meadow Drive, North 67 degrees 20 minutes East, 10.27 feet to a point; thence continuing along the north side of Meadow Drive and along the west side of Mallard Road, on a curve to the left having a radius of 75 feet, an arc distance of 102.01 feet to a point; thence continuing along the west side of Mallard Road, North 10 degrees 36 minutes West, 40 feet to a point at the corner of Lot No. 88 aforesaid, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house. UNDER AND SUBJECT TO restrictions as set forth in Misc. Book 120, Page 208. TITLE TO SAID PREMISES IS VESTED IN Michael W. Brown, Jr. and Gillian M. Brown, his wife, by Deed from Joseph M. Lund and Lori A. Lund, his wife and The Homestead Group, Inc., a Pennsylvania Corporation, dated 07/30/2004, recorded 09/30/2004 in Book 265, Page 2453. PREMISES BEING: 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221 PARCEL NO. 09-18-1304-054 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE : FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1 vs. MICHAEL W. BROWN, JR GILLIAN M. BROWN COURT OF COMMON PLEAS • : CIVIL DIVISION : NO.: 13-4448 CIVIL Plaintiff : Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL W. BROWN, JR GILLIAN M. BROWN 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 **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 12001V��ALLARD ROAD, CAMP HILL, PA 17011-1221 is scheduled to be sold at the Sheriff's Sale on 03/12/2014tt 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $170,182.97 obtained by HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1 (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. 13-4448 CIVIL HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1 v. MICHAEL W. BROWN, JR GILLIAN M. BROWN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221 Parcel No. 09-18-1304-054 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $170,182.97 Attorneys for Plaintiff Phelan Hallinan, LLP s 4 s LEGAL DESCRIPTION ALL THAT CERTAIN plot of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of Mallard Road, at the corner of Lot No. 88 as shown on the hereinafter mentioned Plan of Lots; thence along the line of Lot No. 88, South 79 degrees 24 minutes West, 120.94 feet to a point on the line of Lot No. 90 on said Plan of Lots; thence along the line of said Lot No. 90, South 34 degrees 40 minutes East, 126.49 feet to a point on the north side of Meadow Drive; thence along the north side of Meadow Drive, North 67 degrees 20 minutes East, 10.27 feet to a point; thence continuing along the north side of Meadow Drive and along the west side of Mallard Road, on a curve to the left having a radius of 75 feet, an arc distance of 102.01 feet to a point; thence continuing along the west side of Mallard Road, North 10 degrees 36 minutes West; 40 feet to a point at the corner of Lot No. 88 aforesaid, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house. UNDER AND SUBJECT TO restrictions as set forth in Misc. Book 120, Page 208. TI I LE TO SAID PREMISES IS VESTED IN Michael W. Brown, Jr. and Gillian M. Brown, his wife, by Deed from Joseph M. Lund and Lori A. Lund, his wife and The Homestead Group, Inc., a Pennsylvania Corporation, dated 07/30/2004, recorded 09/30/2004 in Book 265, Page 2453. PREMISES BEING: 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221 PARCEL NO. 09-18-1304-054 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 13-4448 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE -PASS THROUGH CERTIFICATES, SERIES 2007-1 Plaintiff (s) From MICHAEL W. BROWN, JR, GILLIAN M. BROWN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $170,182.97 L.L.: 5.50 Interest from 9/12/13 to Date of Sale ($27.98 PER DIEM) - $4,896.50 Atty's Comm: Atty Paid: S226.65 Plaintiff Paid: Date: 9/12/13 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, 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. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seat of said Co at Carlisle,,o This I a day of Prothonotary ()</a) LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-4448 Civil Term HSBC Bank USA, N.A. vs. Michael W. Brown, Jr. Gillian M. Brown Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-4448 CIVIL, HSBCBANK USA, NATIONAL ASSOCIATION AS TRUST- EEFORNOMURA ASSET ACCEP- TANCECORPORATION, ALTERNA- TIVE LOAN TRUST, SERIES2007-1, MORTGAGE.PASSTHROUGH CERTIFICATES,SERIES2007-1 vs. MICHAEL W. BROWN, JR., GILLIAN M. BROWN, owner(s) of property situ- ate in EASTPENNSBOROTOWNSHIP, CUMBERLAND County, Pennsylva- nia, being 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221. Parcel No. 09-18-1304-054. Improvements thereon: RESIDEN- TIALDWELLING. Judgment Amount: $170,182.97. 20 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: January 24, January 31, and February 7, 2014 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. isa Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 7 da of February, 2014 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 be atriotNews 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. 2013-4448 Civil Term HSBC Bank USA, N.A. Vs Michael W Brown, Jr. Gillian M Brown Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-4448 CIVIL HSBC BANK USA,' NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEYIANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2007-1, MORTGAGE PASS THROUGH • CERTIFICATES, SERIES 2007-1 v. MICHAEL W BROWN, JR GILLIAN M. BROWN owner(s) of property situate in EASTPENNSBOROTOWNSHIP, CUMBERLAND County, Pennsylvania, being 1200 MALLARD ROAD, CAMP HILL, PA 17011-1221 Parcel No. 09-18-1304-054 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $170,182.97 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swo to and subscribed before this 18 day of February, 2014 A.D. ary Public V COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp.,Da County 6 My Commission ExpIDec. MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Nomura Asset Accept Corp Alt Ln Tr Series 2007-1 Mtg Pass -Through Cert Series 2007-1 Tr is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 12th day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4448, at the suit of Nomura Asset Accept Corp Alt Ln Tr Series 2007-1 Mtg Pass Through Cert Series 2007-1 Tr against Michael W Jr Brown & Gillian M is duly recorded as Instrument Number 201414928. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1 p day of J v l , A.D. D,01 L( )2)001u . c.,Jjj4(11 &epv Recorder of De ds .Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the Fust Monday of Jan. 2018