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Home My WebLink About05-3173 , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@Udren.cam HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) NO. OS' - .3 /"!3 C~uiL~'C/L~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800.990-9108 NOTICE The amount of your deht is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address ofthe original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is! Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Superior Home Mortgage Corporation Assignments of Record to: HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates, Series 2004-2 Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about hereinafter described, at the date appearing on the Mortgage the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4096 Regiment Boulevard MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 11/21/03 DATE RECORDED: 11/25/03 RE-RECORDED: 01/09/04 BOOK: BOOK: 1846 1869 PAGE: 2185 PAGE: 293 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. S. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 05/05/05: Principal of debt due Unpaid Interest at 9.625%* from 06/01/04 to 05/05/05 (the per diem interest accruing on this debt is $29.58 and that sum should be added each day after 05/05/05) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $216.75 and that sum should be added on the first of each month after 05/05/05) Late Charges (monthly late charge of $00.00 should be added in accordance with the terms of the note each month after 05/05/05) Attorneys Fees (anticipated and actual to 5% or principal) TOTAL $112,170.08 10,044.60 325.00 280.00 465.66 430.29 5.608.50 $129,324.13 *This Interest Rate is subject to adjustment as more fully set forth in the Mortgage and Note. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $129,324.13 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Ud, UDREN LAW OFFI S, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL TIlAT CERTAIN lot or ttlICt of /ad. sm.te in HamJNiea ToVlllllbip, I"s...._....d Coumy, Commonwealth ofPCIUIS)'IVllDia.II1O:t1l partiwIady ~ IIIId cIe.tcribed as follows, to wit BEGINNING lit a conClllte monument on 1bo wr-"" ~ of an IIXll ~ !be bunilctn. dedicated right-of-way line of WertzViUe Road and the WesfICl11 dcdic:ated risht-of.way line of Rcgimmt Boulevard; THENCE by the nortbem right-of-way line ofWenzvllle Road South 74 cIe(pas 34 miDuIn 20 geCOII0s West 222.53 feet to a COlleretc DlOJ11IIIleII1 at the dividlq 1iDo of laM now or fi>1~y of Clift'ord E. Norton llIId Lot 0#1; TheIIce by IaIId now or 1banody of Clifford. K NorIlxl Notth 03 degt:ees 08111irnttes 26 seconds West 70.56fcetlD a poIDtllttllcdividiDaliDeofLotfl28DdLot#l; ThellCe by Ilne of Lot 1/!). aDd passing timJUtrb the CCIItIlr of a pextitioA waI1 Nortb 86 __ S 1 minutes 34 SC9OIlds:East 172.20 feet to a poiDt; TheDCe (''''''"'""'g by Lot #2 North 1S d.- 00 fuitlut= 00 sccoads Ellst 66.69 feet to a point on tho 'WeIIlem ript.oof.way !iDe of R.....~ Boulevard; TbI::IIce bysaicl. rigbt-of-way!iDe SoUlh 15 ~_OO ...:......... 00 JeCOlldsEast S.OO feet to a point; Thence by _ by aCUIVe 10 tbcriabthaviae aadllls of21.00 feet aDd anaro leaglh of 42.41 feet, ll8id curve also having achonl beariD& 8Dddl.",- ofSomh 30 lkpwe 00 minutes 00 secoIIds West 38.18 htto a concrete -- on 1henol1hlllJuighkJf'-way 1iDtofWenmJIe Roed, the place ofbllgitmn,g. May 17, 200S ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thi~ i~ Sin officiAl noticE' that thp mnrtgRg~ on your homE' i~ in (lpf911ltr anll thE' )pnc)pr intpnih: to forp{'If\~p ~pp,.jfjc informRtion ghont the "aturEt: of thp rlp.f~ndt i~ proviilpcl in thp atta"h..i1 P"V'~ Th.. HOMROWNRRDs MORTGAGE ASSTSTANleE PROGRAM (JfRMAP) m"y h.. ahl.. to hplp to ~avp yonr hnmp Thi~ Notic.p px.p]flin~ how thp profram work~. To spp. jf HF,M A P can helpr yon mn~t MRRT WITH A. CON~ITMRR rRFOTT leOlTNSET ,TNG AGENleV WTTIDN ::\0 OA VS OF THE OA TE OF TIDS NOTJr.R Tak.. thi~ Noticop with yon whpn yon mpp-t with thfl C{}lIn~p1inf Agrnry. Thp narner ar1i1rP.~1lii: ann phnnp nllmhpr of ronlli:lJmpr Credit C'nnns:pJinf Agrncip~ serving yonr Connty arP Jjdp(l at thp. end of thillii: Notiep If fOil have '-In)' qlJPdjon~r YOII mAY ('sd' the ppnn~ytv9nia HOJJlli:iflg Finanrp A ~n(')' toll frpp at 1..ROO-~2..2::\97 (perlli:onllii: with impairp.(I hp.lIrinf "an "all (717) 71l0.11l(9) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO DHOMEOWNERDs EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU mpOTECA. Page lof6 EXHIBIT A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: _Cfl!igA,~f!!ng!!r(l ..... .... ...................... ... ........._ .........................._. 4096 Regiment Blvd Enola, P A 17025 Incorrectly Stated on Mortgage As: 4096 Regiment Blvd H3mP!le!!Ty\:p',J,>AJ'Z!!s!t_..__.._ OQ!!7593381_.__._.. ...._.___..___.. ......__..._..... ....S!!J!eTI9rJ!9me.Mm1gl!ge.C9rI!9fat!9!!__.__........._.... HSBC Bank USA, as Trustee for HomeStar Mortgage Acceptance Corporation., Asset Backed Pass1Jml!!g!!.Certifi~!!tes,SerjesZ@4:Z..._ LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HOMEOWNERDs EMERGENCY MORTGAGE ASSISTANCE PROGRAM yon MAY HR RLUiJRLF: FOR FTNANflAL A~~T~TANrR WHTrH rAN ~A VF YOTTR HOMF: FROM FORRrLO~TJRF: ANO HF.T ,P yon MA KF: FnTTTRF: MORTGAGR VA VMF.NT~ IF YOU COMPLY WITH THE PROVISIONS OF TIlE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTIlER ELIGffilLlTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TRMPORA RV STA V OF FORRrT .OSTTRF: -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Dface-to-faceD meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIDS MRF:TTNG MINT OrrTJR WTTIDN THF NRXT nO) OA VS TF YOU DO NOT APPI Y FOR RMFRGRNry MORTGAGF ASSISTANrE yorl MIJSTBRING yorm MORTGAGE UP TO DATE THE PART OETHTS NOTTCE CAI I ED DHOW TO rImE YOUR MORTGAGE DFFATJT TO, FXPI AINS HOW TO BRING yorJR MORTGAGE UP TO DATI' CON~TJMF.R rRR.OTT rOTTNSRLTNG AGRNrTRS .- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Th" n~m'" "<1<1f"<"" ~n<1 klf>.phon" nnmh"fs of rlf"~lEn~tf":rl rnn~nm~r rreoit rOllnl.::p.11ne ::Jernr.if';~ for the: ('()l1nty in whlrh thf> property 1~ lnr::itp.r1 ~f" sf>( forth HI th" "n<1 of this Noti"". It is only necessary to schedule one face-to-face meeting. Advise your lender imm"cibt"ly of your intentions. AVPT.TrATION FOR MORTGAGR AS~TSTANrR -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Page 2. of 6 Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. YOU MTlST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGRNCY ACTION .- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO ClJRR VOlJR MORTGAGR nRFAlT(,T (Rrin~ it lip to datl'). NATIlRR OF WF OFFAtlLT .- The MORTGAGE debt held by the above lender on your property located at: 4096 Regiment Blvd Enola, PA 17025 Incorrectly Stated on Mortgage As: 4096 Regiment Blvd Hampden Twp, PA 17050 IS SERIOUSLY IN DEFAULT because: A YOU HAVE NOT MADE MONTIILY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: M!!!!tb.!yI'!l.Ym!'m~.9L$Jln,~..fQIJ!!!YJ~7!!!!4thrnM!lyl,700!L",..$172Q7.!!9.........._.......H.................... MQ!!tb!YL!l~C!!!mtesQU47,!!lJQ!::J!!.!yJ,700,ttbI!!M!ly.J..700;L."'$47!!.J!).......................... Other charges (explain/itemize): ..J;i;sc.IQWAiI.y!l.n~$,~.....__..._...........__..........._...... .TQIAL.AMQIINTI'ASTPI)J!;: ...................~......._...._. !l\1 ~R4/i Ii'; .. B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not '''~ if not appli~ahl~ ): ISLA. HOW TO CtlRF THE ORFAlTT,T -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS !l\BIl4Ii.Ii,; PLUS ANY MORTGAGE PAYMENTS AND LAlli CHARGES WHICH BECOME DUE DURING THE THIRTY (3D) DAY PERlOD. P;;Jym~ntl.: mm:.t i1f' m~rlf': t':ltht':f hy C:::Ic;;n r.;;J"hi~r's. c.hp('k pf';rtlnf':rt c:hp.ck or mnnt':y nrcle.r m::lrte. r::ly~hlp. ::tnn <;;.e:ntffY ITclrp.n T ,SIIW Offic.psr P.r:. Wnorlcrpd COrpOTQtp C:p.nteT 111 Wootlrrf:l:d Rm,dr ~njtp 200 Cherry Hill NT Ol!OO3-~1i20 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not "'~ if not appli~ahle ): lSlA Page 3 of6 IF VOl) 00 NOT ('nRl<: THE, OFF A Ill,T -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lemler intend. to exerl'i.e it. right. to accelerate the mortgl'ge rleht This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount pa~t due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forp"losp. upon your mortf1l~p.cI property IF THl<: MORTGAGF, IS FORRCl ,OSFO ITPON -. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the'delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yon cllre the rlef,,"lt within the THIRTV (JIll OA V periorl, YOII will not he rp.q,Ilrerl to ])~y attorneY'1ii: feelO& OTHRR I.FNTlER REMFnlRS .. The lender may also sue you personally for tbe unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CIJRF THF OFF A Ill.T PRIOR TO SHFRIFF'S SA I.F -. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOll ~till have the TiEht to c:nre: the rlr':f::mlt :mcl pTp.vpnt the: ~::\1e. M :my timp. np to onp. hOllT he:fnTe: thf': Shpriff's S:llf' Yon may do !"of\. hy paY1ne thf' total amount thf':n p:ll;;.t rlnp plus ;:toy 171tp or other r.harE"f.s' then cine: t'f'::1s.nnahle attome:y's. fp.f':s' and rnsts C':cmnertp1"i with thf': fon'"-elm:nTf> sale: anci any nthf':T r:no;;ts. r.nnne:cte-cJ with thf>: Shf>:rif'f ~ S::Ilf' ::I~ ~pp.r.lfif>:cI 1n writine hy thf' le:nnf':T ::Inn hy pf':rfonnin~ ~ny othf':T Tf>-<1111n~mp-nt~ llnclf':T thf>: morte::tef>. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you h"d never defaulted. F,ART.lRST POSSffil.l<: SHRRIFF'S SAl.F OATI .- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately Ii months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THF, I.RNTlRR' QpJ:!!!!!.Que.M!lrtgageC!!fl!!l.mti!!n ............ ........... ... P A Housing Review Department 4600 Touchton Road East Building 200 Suite 102 JaC~!!nyj!le,EL.J224(i"'M"""''''_' ......._. Phone Number: ...(2Q4)9(i(i~17J!!.~(i171'!._....__... F9X Number:.J~(i(i14'!2~126.J................__.. Contact Person: ..Cm;.t!!meLS.eryj!:e._. ...._.__.____._....___.......___._........... ...__. RFFF,CT OF SHERIFF'S SAI.R -. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. Name of Lender/Servicer: Address: ASSllMPTION OF MORTGAGF. -. You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 016 NOTICE The amount of your deht is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify ns in writing within the 30 day period as stated above, we will cease collection of your deht, or any disputed portion of it, until we obtain the infonnation that is required and mail it to you. Once we have mailed to you the required infonnation, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any infonnation obtained will be used for that purpose. UDREN LAW OFFICES, P.c. Is/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 6 VOlT M A V AT ,SO H A VI<: THF RTr:HT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSmUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSmUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSllMRR CREDIT COllNSEI,ING AGENCTRS SERVING YOllR COllNTY c:TJMRI<:RI,ANO COllNTV CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 54]-1757 FAX (717) 54]-4670 Financial Counseling Services of Franklin 3] West 3rd Street Waynesboro, P A 17268 (717) 762-3285 FAX nla Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 17101 (7]7) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-38] 8 FAX (717) 73]-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA ]7104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle SL Gettysburg, P A 17325 (7]7) 334-1518 FAX (717) 334-8326 Page6of6 10 ::5 o -' >:; J: ~ ~ n \ <::I -' n ~,. ~E )? ~ - ~ cY ~ =-<, i~ c?~ ~\L ~~ -J S v :a: o o (')~t:JC :I: -. 0 ~,,' -'-:n " !B ::e rn ! ::0 0 '::!.j . -< 0 I :1:0 r= C) r- =C1 2m ,... C/.; - -~ o ~. OJ :-,v aC:' o ):~. ,.', T W. C'l /,;.', ,,<, 2. 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Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subj ect to the penal ties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to Mark J. U UDREN LAW authorities. \-J "i><l i1 Lrt <rt . U( - w C> ()- ...:t -J <rt ~ ..t:: ~ ~ ~ Cf'1 g ~ '--( Cl r:-: ~,' ;..-,..) ~:::> c.."l o " ::[l~ f''''-.'-' 'r-- _::,'1" ~':~ ~~l '0J(~ <\ ::'1) . () ::~:2 in -.t...... I1 .< '- ~'i~ !'0 -,"''''' ~? en - 8 - UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL. NJ 08003-3620 856-669-5400 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-3173 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Craig A. Brungard 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 Interest Per Complaint From 5/6/05 to 7/26/05 Escrow payment per Complaint From 5/6/05 to 7/26/05 $129,324.13 2,425.56 433.50 TOTAL $132.183.19 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice as been given in accordance with Rule 237.1, a copy f which is atta hed hereto. DAMAGES ARE HEREBY ASSESSED DATE: " It.., j" ~? ~/)o..~ I ' AS INnirED ~ Mk..)~. PRO PROTHY ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.O. NO. 04302 WOOOCREST CORPORATE CENTER 111 WOOOCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates, Series 2004-2 Plaintiff ATTORNEY FOR PLAINTIFF v. 1 COURT OF COMMON PLEAS ~ CIVIL DIVISION ! Cu_dond Cnu",y 1 NO. 05-3173 CIVIL TERM Craig A. Brungard Defendant(s) TO: Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 DATE of Notice: July 15, 2005 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND IS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL B D FOR THAT PURPOSE. ar . en, squ~re Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-3173 CIVIL TERM v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF COUNTY OF SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon invest~gations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Craig A. Brungard Age: Over 18 Residence: As captioned above Employment: Unknown Nam~~ Title: Company: Sworn to and subscribed before me this t"-day ~ac' 200;. ry u c ' KEITH CLARY Notary Public. State of Florida My eo..""".. Explm Apr. 3.2007 C.mml..i.n , 00199485 Bonded 8 Nutioftal MOlar AI'h. , C 1J (:l -ig. t --0 ~ *- 'i) ~ C> '- ~ ~ ~ ~ '" (' -.c t~ 1~.:J C) C C::-,. -n ()"- (;J, IU ~ ~ '-- :-,-::$ - ~ c: jC~i :Ij r::--: ~ r- . ,- ~ ~ f'.' r,~ ~ CJ -.J " ." (~, en t?? '"-> -.J UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 Plaintiff v. Craig A. Brungard Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-3173 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: July 26, 2005 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire Attorney for Plaintiff V E R I F I CAT ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Nam0~ Title: Company: Craig A. Brungard Loan #0007593387 MJU #05050069 r-> ("-::::~ 'Gl ~-=::; \ f'0 --' C) -n .-1 L--n I~_~ [f~ -.....:,\...( C1. (~) ,-n t?? 0'~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) NO. 05-3173 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From 7/27/05 to Date of Sale December 7, 2005 Per diem @$29.S8 $132,183.19 3,963.72 (Costs to be added) $ (ZJ ~ r ~ ~ en ~. + kf l-1 l -pP \L'l - w ,---tJ ~....r:, ...::r f' ~ t ~ :';l. ::- V, 0 o (Y r-~ ~ --. ;C5 ~..o ~ ~ ~ 6 ~ ~ c c () t ~ W--' ~ .1.1( ~() >->() ~ ~ ' - ~f! - . :.";..~ .-> ~ s:; ~ U' -". I"""" -l """7"' '"..,''' Cf.J (,.,,, -l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3173 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, AS TRUSTEE FOR HOMESTAR MORTGAGE ACCEPTANCE CORP., ASSET-BAKED PASS-THROUGH CERTIFICATES, SERIES 2004-2 Plaintiff (s) From CRAIG A. BRUNGARD (i) You are directed to levy upon the property of the defendant (s}and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S} as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $132,183.19 L.L. $.50 Interest FROM 7/27/05 TO DATE OF SALE 12/7/05 - PER DIEM @ $29.58 - $3,963.72 Atty's Comm % Due Prothy $l.00 Atty Paid $119.62 Other Costs Plaintiff Paid Date: JULY 27, 2005 CURTIS R. LONG (Seal) ProthOZ ~r n-,. t7 .2. ~.P#-<fLl Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08002-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 NO. 05-3173 CIVIL TERM Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he 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 it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF '~J CC> ~ ,- C:. ~,.~.". ;'0 -J o .1 -' :L\'l r!'lE '" C) (:: ,-,~ <-:.: ('J I'"n cJ -' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE plaintiff v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 NO. 05-3173 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed pass-Through Certificates, Series 2004-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4096 Regiment Boulevard, Enola (Hampden Township), PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St. Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4096 Regiment Boulevard Enola (Hampden Township), PA 17025 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 subj ect to the penal ties of 18 Pa. C. S. sec. 4904 relating to unsworn falsification to authorities. ark J. Udren, ESQ. Attorney for Plaintiff DATED: July 26, 2005 ----- 6~ ~ 'iA c";. c-; C. N, _,.0, c..J -' UDREN LAW OFFICES, P.C. BY: Mark J. Udren. Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 , COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 NO. 05-3173 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Your house (real estate) at 4096 Regiment Boulevard, Enola (Hampden Township), PA 17025 is scheduled to be sold at the Sheriff's Sale on December 7, 2005, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $132,183.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. amount due 5400. The sale will go through only if the buyer pays the Sheriff the full in the sale. To find out if this has happened, you may call 856-669- 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ...., C,;:) '.._,~.l <:"-"1 () " .-1 ~ t-,l :!J .- I-i, r.:;J N .-J (2 G.) - I~~r;} -' ALL THAT CERTAIN lot ortIact ofbmli situIde in lL.mpdc:n TOWDSbip, ('I_'-IAnd Comty, Commonweal1h ofP=nsylvaniaDlOI'e particularly ~ lIIId ~"'-l1l5 rollOVill, to wit BEGINNING lit a COJlCl'lllt mor>lllllI'11f on _w~ """ extremity of III an; ~g liIIII DOrthctn dedicated rigl1t.of-way line of We1tZVille Road lIIId the Wc:sfeDI dcdklPd right-of-way line of Regiment Boulevard; THENCE by 1110 nortbem right-Qf-way line ofWerttville Road South 74 dqrecs 34 minutn 20 seconds West 222.53 filet to a eonc:retetn()llUllltlll1at the diviclluglincofJallliJlOW orfo"'Jl....1y of cliffixd E. Norton llIId Lot #1; 'I'beIII:e by laIId BOW or 1'oImaiy of CJi1iJrl1 E. Nomm North. 03 ~ 08 miDutes 26 rleCC)t>Il, West 70.56 fcettD apaiDt:attbcclivicliDs1illcofLot#28DdLot#1; TheIlce by line of 101 #211Dd paslIing 1IImugb. tile ecuter of a p8llition WIIIl North 86 ~ S 1 minutes 34 SCCOIldIi East 172.20 feetto a point; TbcsIce<;>",'In>.:..g by Lot #2Notth 75 desr- 00 tIIintIles 00 lleCOads East 66.69 feet to a point on tbe weIiem u,ht<<'-1lVIIY Jim of ll......- BoulevBrd; Thala:e by said rlshl-of-wayliDe SouIh 15 ~_DSOO ...:........... 00 !Il:iCOQCIsBastS.OO filet to a point: 'l11eMe by Ill\IIIC by a cmveto therigbthavill&aradiDs ofn.OO fIletlllllhulInllqlhof 42.41 fcet.ll8id = also having aclwrd "-''1g lIDCidislBsK>>ofSouth 30 Jl.SI- 00 minutes 00 secowls West: 38.18 feetto a conc:ret.emonulllllllt on1he-DOltblllJuighb-of-way liDcofWerIZVi1le Road. tbeplal:e ofbegirrn~ BEING KNOWN AS; 4096 REGIMENT BOULEVARD, ENOLA (HAMPDEN TOWNSHIP), PA 17025 PROPERTY ID NO. ; 10-14-0837-205 TITLE TO SAID PREMISES IS VESTED IN CRAIG A. BRUNGARD, A SINGLE PERSON BY DEED FROM YINGST HOMES, INC., A PENNSYLVANIA CORPORATION DATED 11/18/03 RECORDED 11/25/03 IN DEED BOOK 260 PAGE 2690. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) NO. 05-3173 CIVIL TERM AMENDED AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to relating to unsworn falsification 18 Pa.C.S. Section 4904 Dated: November 18, 2005 BY: Mark J. Udren, Esqulre Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 NO. 05-3173 CIVIL TERM Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates, Series 2004-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4096 Regiment Boulevard, Enola (Hampden Township), PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St. Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance, P.O.Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other knowledge who has any interest affected by the sale: Name person of whom the plaintiff has in the property which may be Address Tenants/Occupants 4096 Regiment Boulevard Enola (Hampden Township), PA 17025 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 subj ect to the penalties of 18 Pa.C.S. sec. 494 relat' to unsworn falsification to authorities. U R DATED: November 18, 2005 Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-3173 CIVIL TERM v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) DATE: October 5, 2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER (S): CRAIG A. BRUNGARD PROPERTY: 4096 Regiment Boulevard, Enola (Hampden Township), PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 7, 2005, at 10:00 am, in the COMMISSIONERS HEARING ROOM, 2~ FLOOR, COURTHOUSE, CARLISLE, Pll.. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ":XHIFlIT A o 000 u.", W (ij " ~ tic: a: ~~ OJu. 00 . ~ - "0.0 ~:: .~ 000", .!:2 01'::: =.~ 0 e~ m (!) E"o.. "'_ 0 0.00 ~*~ 't5.~.Q X:!::"":: ~'55:g "'0" is q:B .~ en LL. o - '" 't-~~ _a:u. ~ Q ] Q5 """ ~ ffio s OJu fi (1)- '3 ::l- c.." ~~ ~ ii5ca <I>c.E> g e e a ~.s o 00_ I!i::.E '* Q.~]I Q e"':::(f.I1;J &-g&S ctl$:5-5 .::.=: (/l'-'- elQ) lrl'51~$: ~!? "' "DD-g. occ rn.J: ::cu .2 '" o o :0 0- ..::!<Ii m 'OJ >0> -,a: 0_ "'''' --~ [t~'~)J : I n ~~ 't. ~',^." ~'; ~... ,~. ,-- i ~:::~~.~ -:,~,;:JIW::;;~~!ti;{ , '),,> _:.~ .2 0; - " 0. 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E o () CIl .Q - '" ::l :;; E - o u.. " '" <Jl 2:- '" ::l .0 " u.. ,.: "- co '" E ~ o LL (f) CL HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates Series 2004-2 VS Craig A. Brungard The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3173 Civil Tenn Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 4:58 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Craig A. Brungard, by making known unto Craig A. Brungard, personally, at 4096 Regiment Blvd, Enola, Cumberland County, Pennsylvania, its contentsand.at the same time handing to him personally.the saidtrue.and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2005 at 8: 19 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Craig A. Brungard located at 4096 Regiment Blvd., Enol a, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Craig A. Brungard, by regular mail to his last known address of 4096 Regiment Blvd., Enola, P A 17025. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. Sworn and subscribed to before me This _ day of So Answers ~....'^ ..<.-?'" / /' ~;"/ , 'J'."" ~, _' _-P ,,", /-.- " €'" -:>~' ~"_::..r"'.b-",- /~~~, , . Prothonotary R. Thomas Kline, Sheriff BY ,jjelM ~~ Real Estate,S,ergeant 2005, A.D. EXHIBIT 8 (') ~-, \ '-~\ (~:: --:-;'\ '(') c::J -_.~ L) /. 01- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Kevin 0 Bupp & Robvn C is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the 27th day of Julv, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3173, at the suit of HSBC Bank USA tr for Homestar Mtg Acceptance Corp against Craig A Brungard is duly recorded in Deed Book No. 272, Page 4064. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this /'1 ---ttt day of , A.D. 02lJ7Jt Recorder of , Cumberland <<;c>unIy CtuftoIe PA My Commission Expireslhe Flf8l MondaY of Jan.' ;LOIO HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates Series 2004-2 VS Craig A. Brungard The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3173 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 4:58 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Craig A. Brungard, by making known unto Craig A. Brungard, personally, at 4096 Regiment Blvd, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2005 at 8:19 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Craig A. Brungard located at 4096 Regiment Blvd., Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to the within named defendant, to wit: Craig A. Brungard, by regular mail to his last known address of 4096 Regiment Blvd., Enola, PA 17025. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. R Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $147,300.00 to Kevin O. Bupp. It being the highest bid and best price received for the same, Kevin O. Bupp of 15 Cumberland Estate Drive, Mechanicsburg, P A 17050-1720, being the buyer in this execution, paid to Sheriff R Thomas Kline the sum of$153,650.20. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 2,946.00 15.00 15.00 30.00 10.00 .50 Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.00 28.80 2.33 15.00 20.00 .74 431.00 376.49 20.89 25.00 39.50 $4,007.25 Sworn and subscribed to before me 2006, A.D. ~ ~ , . \~c:~ -<' R. Thomas Kline, Sheriff BY '- J()d~ Smd:h Real Estate ergeant ~ J-" V- 'J~ ,0() \) . (,.1'7 l:Jt. ~ J ~ /12..131 ( t .. . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Plaintiff ~ COURT OF COMMON PLEAS ~ CIVIL DIVISION i Cumberland County I MORTGAGE FORECLOSURE ~NO. 05-3173 CIVIL TERM HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates, Series 2004-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4096 Regiment Boulevard, Enola (Hampden Township), PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. r 5.'Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St. Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4096 Regiment Boulevard Enola (Hampden Township), PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. ark J. Udren, ESQ. Attorney for Plaintiff DATED: July 26, 2005 '0:) ;( d 8~ -;f'ir ~nnz "",_,".. t',1 ,.j ;1. , _-jJ =~Hj.=;O ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass- Through Certificates, Series 2004-2 P.O. Box 56038 Irvine, CA 92619-7038 Plaintiff v. Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County iMORTGAGE FORECLOEURE ~NO. 05-3173 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Craig A. Brungard 4096 Regiment Boulevard Enola, PA 17025 Your house (real estate) at 4096 Regiment Boulevard, Enola (Hampden Township), PA 17025 is scheduled to be sold at the Sheriff's Sale on December 7, 2005, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $132,183.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~ ~. . YOU MAY STILL BE ABLE TO 'SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. amount due 5400. The sale will go through only if the buyer pays the Sheriff the full in the sale. To find out if thls has happened, you may call 856-669- 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty AVenue Carlisle, PA 17013 717-249-3166 800-990-9108 8C :[ 0 '.? Pi' cnnl 0.... \1. -,uu ~- , .!' . ...' .i __0 ~.,U.:JO ,. All TIIAT CERTAIN lot or1Iact ofbmd sitaIte in H..mpda\ Tovmsbip, f'1mtl_1and County, Commonwealth ofP=rlVllDia= particularly bounded and <Dcribed as follows, to wit: BEGINNING. a concmte monument on the '\\ 1--- extremity of an an: CClIIIICOCtiDg !be DOItbcm dedicated right-of-way line of We:nzville Road and the wcsrc:aJ dWated right-of-way line of Regiment Boulevard; THENCE by the northern right-of-way line of Wertzville Road South 74 degI=s 34 minutes 20 seconds West 222.53 feet to a concrete mOlllDlleDt at the dividing li= of land now or fimII""ly of Cliffimi E. Norton and Lot #1; Thence by IaIId now orfouncrly of Cli1lim1 E. Norton North 03 degrees 08 mimnes 26 seconds West 70.56 feettD apointat1lledividiDg.liDcofLot #2 IIDdLot #1; Thence by lint of Lot #2 and paslling 1bruugh 1lIe CCIllicr of a patitiDn wall North 86 degJ:ces 51 minutes 34 se<:oDds East 172.20 feet to a poi:nt; Theace cnnrinn;"g by Lot #2 North 7S dogr=s 00 """,- 00 secoads East 66.69 feet to a point on the welItem tiPt-of-way Iinc of Rcgimc:Dt Boulevard; Th::m:e by said right-{)f-way line South 15 ~_ 00 "";"'''''':1 00 secxmIl1sEastS.OO filet to a point; Thence by SIIIIIO by . curve to tluuigbt hllviIle . radius Df27.oo filet and an an: lClllglh of 42.41 fr:et.li8id CIlrVealso having a chord bearing lIlId~ of South 30 dcg=s OOminutcs 00 secoIllis West 38.18 metto a concretemOl1Ulllllllt on thelW11hcmxigbt-of-way lineofWenzvilIe Roed, the plao:e ofbeginnn,g. BEING KNOWN AS: 4096 REGIMENT BOULEVARD, ENOLA (HAMPDEN TOWNSHIP), PA 17025 PROPERTY ID NO. : 10-14-0837-205 TITLE TO SAID PREMISES IS VESTED IN CRAIG A. BRUNGARD, A SINGLE PERSON BY DEED FROM YINGST HOMES, INC., A PENNSYLVANIA CORPORATION DATED 11/18/03 RECORDED 11/25/03 IN DEED BOOK 260 PAGE 2690. "-./......~Hu~.......... ,...... ..~...-"--"-......... ... ~~u.~... ~.... u ......, GO :E d 8(; mi"' ~Gnz ,.1.; I _:.L:WJ;;!(.~) .J, ..~ _jU ~~;~U WRIT OF EXECUTION. and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3173 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, AS TRUSTEE FOR HOMESTAR MORTGAGE ACCEPTANCE CORP., ASSET-BAKED PASS-THROUGH CERTIFICATES, SERIES 2004-2 Plaintiff (s) From CRAIG A. BRUNGARD (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $132,183.19 L.L. $.50 Interest FROM 7/27/05 TO DATE OF SALE 12/7/05 - PER DIEM @ $29.58 - $3,963.72 Atty's Corum % Due Prothy $1.00 Atty Paid $119.62 Plaintiff Paid Other Costs Date: JULY 27, 2005 CURTIS R. LONG (Seal) ProthOZ %': (ko .P 71?:./? 0,'1. / Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08002-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court lD No. 04302 Real Estate Sale # 14 On September 01,2005 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4096 Regiment Blvd., Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By: jcc0\)tiVLd0 Real Estate Sergeant @.J C,,. c::, ;;, c;::.:::J @ rtUil La :f: d 8Z lfW IDDZ ;:. ,1, i..., _-L:1 i :fi :S , . In -:":1' ,. . '- -'-' -=.1 SCHEDULE OF DISTRIBUTION SALE NO. 14 Date Filed: January 06, 2006 Writ No. 2005-3173 Civil Term HSBC Bank USA, as trustee for Homestar Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2004-2 VS Craig A. Brungard 4096 Regiment Blvd. Enola, P A 17025 Sale Date: Buyer: Bid Price: December 7,2005 Kevin O. Bupp $147,300.00 Real Debt: Interest: Attorney Costs: $132,183.19 3,963.72 119.62 Total: $136,266.53 DISTRIBUTION: Receipts: Cash on account (08/31/2005): Cash on account (12/07/2005): Cash on account (12/21/2005): $ 1,500.00 14,730.00 138,920.20 Total Receipts: $155,150.20 . . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 14 Held Wednesday, December 7, 2005 Date: December 7, 2005 T AXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Yingst Homes, Inc., by deed dated November 18, 2003 and recorded November 25, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 260, Page 2690, granted and conveyed to Craig A. Brungard, single mans. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Wertzville Road and Regiment Boulevard. " . . 6. Mortgage in the amount of $112,500.00 given by Craig A. Brungard to Superior Home Mortgage Corporation dated November 21,2003 and recorded November 25, 2003 in Mortgage Book 1846, Page 2185. Said mortgage rerecorded for the purpose of adding a legal description on January 9, 2004 in Mortgage Book 1869, Page 293. Said mortgage was assigned to HSBC Bank USA as Trustee for Homestar Mortgage Acceptance Corporation by instrument recorded October 28, 2005 in Miscellaneous Record Book 722, Page 155. Complaint in mortgage foreclosure filed by HSBC Bank USA as Trustee for Homestar Mortgage Acceptance Corporation, as Plaintiff against Craig A. Brungard as Defendant on June 21, 2005, in the Office of the Prothonotary of Cumberland County to File No. 2005-3173. Judgment in the amount of $132,183.19 entered July 27,2005. 7. Building conditions, restrictions, and easements as shown on or set forth on the Preliminary/Final Subdivision Plan of Whelan Crossing, II, recorded in Plan Book 80, Page 878. 8. Under and subject to a 20 foot wide storm sewer easement as shown on the Preliminary/Final Subdivision Plan of Whelan Crossing, II, recorded in Plan Book 80, Page 878. 9. Rights in party wall forming a portion of the boundary line for the subject premises. 10. Rights granted to Pennsylvania American Water Company by instrument recorded in Miscellaneous Record Book 606, Page 136. 1 L Rights granted to Hampton Township Sewer Authority by instrument recorded in Miscellaneous Record Book 545, Page 213. 12. Right of way granted to the Hampton Township Sewer Authority by instrument recorded in Miscellaneous Record Book 637, Page 937. 13. Subject to Declaration for Whelan Crossing, recorded in Miscellaneous Record Book 554, Page 480. Said Declaration was amended by Amendment recorded in Miscellaneous Record Book 555, Page 1051, Book 595, Page 265, Book 680, Page 3728, Book 697, Page 3946, Book 584, Page 1066, Book 680, Page 3728, and Book 697, Page 3946. 14. Rights granted to Pennsylvania American Water Company by instrument recorded in Miscellaneous Record Book 686, Page 4014. 15. Rights granted to Verizon Pennsylvania, Inc., by instrument recorded in Miscellaneous Record Book 691, Page 1391. " . . 16. Rights granted to Hampton Township Sewer Authority by instrument recorded in Miscellaneous Record Book 637, Page 937. 17. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 18. Real estate taxes accruing on and after January 1,2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support aITearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. \:~Slj . Robert G. Frey, Agent Note: This Title Report shall not be valf'or bi ding until countersigned by an authorized si~tory. REAL ESTATE SALE NO. 14 Writ No. 2005-3173 Civil HSBC Bank USA. as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates. Series 2004-2 VS. Craig A. Brungard Atty.: Mark Udren ALL TIlAT CERTAIN lot or tract of land situate in Hampden Town- . ship. Cumberland County, Com- monwealth of Pennsylvania more particularly bounded and described as follows. to wit: BEGINNING at a concrete monu- ment on the western extrerruty of an arc connecting the northem dedi- cated right-of-way line of Wertzville Road and the western dedicated right-of~way line of Regiment Bou- levard; THENCE by the northern right- , of-way line of Wertzville Road South : 74 degrees 34 minutes 20 seconds West 222.53 feet to a concrete' monument at the dividing line of i land now or formerly of Clifford E. Norton and Lot 4# 1; Thence by land now or formerly of Clifford E. Norton . North 03 degrees 08 minutes 26 seconds West 70.56 feet to a point, at the dividing line of Lot #2 and I Lot #1: Thence by line of-Lot #2 and passing through the center of a partition wall North 86 degrees 51 minutes 34 seconds East 172.20 feet .to a point: Thence continuing by Lot #2 North 75 degrees 00 min~ utes 00 seconds East 66.69 feet to a point on the western right-of~way line of Regiment Boulevard: Thence by said right~of-way line South 15 degrees 00 minutes 00 seconds East 5.00 feet to a point; Thence by same by a curve to the right hav- ing a radius of 27.00 feet and an arc length of 42.41 feet, said curve also having a chord bearing and dis~ tance of South 30 degrees 00 min- utes 00 seconds West 38.18 feet to a concrete monument on the north- ern right-of-way line of Wertzville Road. the place of beginning. BEING KNOWN AS: 4096 REGI- MENT BOULEVARD. ENOIA (HAMP- DEN TOWNSHIP). PA 17025. PROPERTY ID NO.: 10-14-0837- 205. TITLE TO SAID PREMISES IS VESTED IN Craig A. Brungard, a single person by deed from Yingst Homes, Inc., a Pennsylvania corpo- ration dated 11/18/03 recorded 11/25/03 in Deed Book 260 Page 2690. " " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin] 55 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Markel Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subsc . ---. f N01ARIAL SEAL i 1erry l. Russell, Nolary Public , City of Harrisburg, Dauphin Caunty My Commission Expires June 6, 2006 /?M.mbor,p.L2.nl~;:;' '~Y PUBLIC My commission expires June 6, 2006 ~ .. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL !STAll! ~ No. 14 Writ No. 2006-3173' Civil Term HSBC Bank USA,,,, trustee lor Homeal8r Mortgage AccepIIIJlc<I Corp.,_.B_ _Through CertIIlcates, _ 2004-2 Va Craig A. BNnganl AUy: Mark Udran dESCRIPTION All. 'IlIA1'(1iRfAlNlot ",""'ofl>Ddsitnale in llaJnpcI4,.;{ownsbip, Cumberland County, Commonwealth ofl'ennsylvania more particularly boondtd and destribed as follows, to wit: BEGJNN1NO at a ooncrete monument on the western extremity of an arc connecting me northern dedicated right-of~way line ofWer1zville Road and die ~ dedicated _right-of-way line olRegiment_ nmNCE by the northem right-of-way line of WedzviIIe Rood S<JUlh 74 degrees 34 minutts 20 seconds West 222.53 feet to a concn:te monument at the dividing line of land now or formerly of Clifford E. Norton and LoI #1; 'Iberice by land now u furtDerlyof ClilJord E. Norton-North 03 degreesOS_26so:ondsWest70.56leetto a point at tbe diiidingline of!.<lt#2 and Lot #1; ThelIce by line of!.<lt#2 and passing through !be center of a partitioo wall NOfth 86 degrees 51 minutes 34 seconds Bast 172.20 feet 10 a poiot; ThelIceC<llltillllingby Lot #2 Nortb 75 degrees 00 minute5 00 seconds East 66.69 feet to a point on the western. right-of-way line _ of Regiment B_ n..r. by said right-of.way IineS""tb 15 degrees 00 minutes 00 seconds East 5.00 leet to . point; ThelIceby.... by. curve" the right hav-ing~a _ .,'6 Qf27.00 feet and an arclength of 42.411eet,. curve aJso having a ch<ml b<aring and di . of South 30 degrees 00 minutes 00 seconds WClst.38.18 feet to a concrete monument on the ~ rigbt-of-way line of Wertzville Road, the place ofBEGlNNlNG. ' BEING KNOWN AS: 4006 Regiment Bou1ewn1, Enola (IIampd<n Township), PA 17025. PROPEKfY ID NO.: lCJ.14-llII37-2Il5. Tm..E 10 SAIDPREMlSES is vested in Craig A. Brungnd, a single _ by deed !rum Y>p Homes, Inc., a Pennslvaoia Corporation, dated 1l/1811J3 recorded 1l/251lJ3 in Deed Book 260 Page 2690. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14, 21, 28, 2005 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 tirne, place and character of publication are true. SWO 0 AND SUBSCRIBED before me this 28 day of October. 2005 f-- . ! i ;)I~, E SNYOER, Notary Pub!ic ( ,,";!r~ 8il(0, Cumberland C()un~v I ',~,,' ::;)i'f':~"\l':-'''''l\n bll;r>~S :'/'-(,":1"\ S. 2nOQ ~..,.".._.~,~.,,---y-_.-,~..__.' REAL ESTATE SALE NO. 14 Wrtt No. 2005-3173 Civil HSBC Bank USA. as trustee for Homestar Mortgage Acceptance Corp., Asset-Backed Pass-Through Certificates, Series 2004-2 vs. Cralg A. Brungard Atty.: Mark Udren ALL THAT CERTAIN lot or tract of land situate in Hampden Town- ship, Cumberland County. Com- monwealth of Pennsylvania more particularly bounded and described as follows. to wit: BEGINNING at a concrete monu- ment on the westem extremity of an arc connecting the northern dedi- cated light-of-way line of Wertzville Road and the western dedicated right-of-way line of Regiment Bou~ levard: THENCE by tbe northern rigbt- of-way line of Wertzville Road South 74 degrees 34 minutes 20 seconds West 222.53 feet to a concrete monument at the dividing line of land now or formerly of Clifford E. Norton and Lot # 1: Thence by land now or formerly of Clifford E. Norton North 03 degrees 08 minutes 26 seconds West 70.56 feet to a point at the dividing line of Lot #2 and Lot # 1; Thence by line of Lot #2 and passing through the center of a partition wall North 86 degrees 51 minutes 34 seconds East 172.20 feet to a point; Thence continuing by Lot #2 North 75 degrees 00 min- utes 00 seconds East 66.69 feet to a point on the western right-oC-way line of Regiment Boulevard: Thence by said right-oC-way line South 15 degrees 00 minutes 00 seconds East 5.00 feet to a point: Thence by same by a curve to the right hav~ ing a radius of 27,00 feet and an arc length of 42.41 feet, said curve also having a chord bearing and dis- tance of South 30 degrees 00 min~ utes 00 seconds West 38.18 feet to a concrete monument on the north- ern right-of-way line of Wertzville Road, the place of beginning. BEING KNOWN AS: 4096 REGI- MEN!' BOULEVARD. ENOI.A [HAMp. DEN TOWNSHIP). PA 17025. PROPER1Y ID NO.: 10-14-0837- 205. TITLE TO SAlD PREMISES IS VESTED IN Craig A. Brungard. a single person by deed from Yingst Homes. Inc., a Pennsylvania corpo- ration dated 11/18/03 recorded 11/25/03 in Deed Book 260 Page 2690.