HomeMy WebLinkAbout05-5074SHAPIRO & KREISMAN, LLC
BY: KEVIN DISKIN, ESQ.,
JOSEPH REJENT, ESQ.,
AND ILANA ZION, ESQ.
ATTORNEY I.D. NOS. 86727, 59621 & 87137
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
PLAINTIFF
VS.
Melody L. Pottorff and
Carmi Wire a/k/a Carmi M. Wire
1012 Mill Road
Mechanicsburg, PA 17050
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: O S - S 61
COMPLAINT - CIVIL ACTION
MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
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 Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT THIS LAW
FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN
FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA
CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES
PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS
PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
SHAPIRO & KREISMAN, LLC
BY: KEVIN DISKIN, ESQ.,
JOSEPH REJENT, ESQ.,
AND ILANA ZION, ESQ.
ATTORNEY I.D. NOS. 86727, 59621 & 87137
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
PLAINTIFF
VS.
Melody L. Pottorff and
Carmi Wire a/k/a Carmi M. Wire
1012 Mill Road
Mechanicsburg, PA 17050
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO:
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, the address of which
is, 1665 Palm Beach Lakes, Suite 105, West Palm Beach, FL 33401, brings this action of
mortgage foreclosure upon the following cause of action:
1. (a) Parties to Mortgage:
Mortgagee: Mortgage Electronic Registration System, Inc. as nominee for Delta
Funding Corp.
Mortgagor(s): Melody L. Pottorff & Carmi M. Wire
(b) Date of Mortgage: January 7, 2005
(c) Place and Date of Record of Mortgage:
Recorder of Deeds
Cumberland County
Mortgage Book 1894 Page 3422
Date: January 18, 2005
The Mortgage is a matter of public record and is incorporated herein as provided
by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached
hereto and marked as Exhibit "A" and incorporated herein by reference.
(d) Assignments:
Assignor: Mortgage Electronic Registration System, Inc.,
as nominee for Delta Funding Corp.
Assignee: HSBC Bank USA, N.A., as Indenture Trustee for the registered holders
of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
Date of Assignment: As Recorded
Date Recorded: As Recorded
2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original Mortgagee, or is the present holder of the mortgage by
virtue of the above-described Assignment(s).
3. The real property which is subject to the Mortgage is generally known as 1012 Mill
Road, Mechanicsburg, Pa 17050 and is more specifically described as attached as part of
Exhibit "A":
4. The name and mailing address of each Defendant is:
Melody L. Pottorff, 1012 Mill Road, Mechanicsburg, PA 17050;
Carmi Wire a/k/a Carmi M. Wire, 1012 Mill Road, Mechanicsburg, PA 17050
5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both.
6. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of May 1, 2005
and have not been paid, and upon failure to make such payments when due, the whole of
the principal, together with charges specifically itemized below are immediately due and
payable.
7. The following amounts are due as of September 16, 2005:
Principal of Mortgage debt due and unpaid $75,549.98
Interest currently due and owing at 8.09% per annum
calculated from April 1, 2005 at $16.75 each day $2,830.75
Late Charge of $27.99 per month assessed on the 16th of each
month from May 16, 2005 to September 16, 2005, (5 Months) $139.95
Title Search/Report Fees $250.00
Attorneys' Fees and Costs $1,500.00
TOTAL $80,270.68
8. Interest accrues at a per diem rate of 16.75 each day after September 16, 2005, that the
debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other
expenses, costs and charges collectible under the Note and Mortgage.
9. The attorneys' fees set forth above are inconformity with the Mortgage documents and
Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs
sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be
charged based on work actually performed.
10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S.
§ 1680.402c, et sue., was sent to each individual Mortgagor at their mailing address and/or
the mortgaged property address by first-class mail and certified mail. Pursuant to the act of
December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information
required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and
separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached
hereto as Exhibit "B".
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in
paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and
charges collectible under the Note and Mortgage and for the foreclosure and sale of the
mortgaged premises.
SHAPIRO & KREISMAN, LLC
Date: q
BY:
Ilana Zion, Esquir
Attorney for Plaintiff
S & K File No. 05-24646
AuB-16-2008 10:26 From-PREMIER ABSTRACT +243 3800
AaaReeod"RfUaTO:
ACAMA U= MOM, LLC
341 NORTH SaENCE PARK ROAD
SVYPS 203E
STATE COLLEGE, PA 16803
Pip B7 _272-1405 PAX: 814.272.1406 a Abora Tbi+ Line Pbr ReeordiRB Patel
MORTGAGE
LSNDm.(DELTA FUNDIN(3 CORP) LOAN #:'0102071826
NOMM,& MHRS, MINNnmber#: 300076600000257604
DEFINITIONS
T-663 P.002 F-613
Words used in mul ' e sections of this document =defined below and other words are defined
in Sections 3, 11, 19, 18, 20 and 21. Certain rules regarding the usage of words used in this
document ate also provided in Section 16.
(A) "Security Instrument" means this document, which is dated January 7th, 2005 together
with all Riders to this document.
) "Borrower" is Melody L. Pettorti, Carmi 1vL Wire. Borrower is the mortgagor under this
Security Instrm,ent,
(C) "M " is Mortgage Electronic Registration systems, Inc. HERS is a separate corporation
that is acting solely as a noenince for Leader and Lender's successors and assigns, MERS Is the
mortgagee under this Security Instrument. MERE Is organized and existing under the laws of
Delaware, and bas an address and telephone number of P.O. Box 2026, Flint, W 48501-2026,
tel. (1388) 679-MFRS.
(D) "Leader" is DELTA F[JNDING CORP. Lender is a corporation or association organized
and existing under the laws of New York Leads address is 1000 Woodbury Road P.O. Box
9009 Woodbury, NY 11797.
( "Note" means the promissory note signtd bqq Borrower and dated Janua T Ith, 2005. The
Note states that Borrower owes Leader itevemy-1vo thousand six hundred fifty Dollars
(DS.S75,650.00) plus interest Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than Pehnmy lst, 2035.
(F) -Pro e " means the property that is described below under the heading "Transfer of
in
means the debt evidenced by the Note, plus interest, any prepayment charges and
((11e ?Riderss"muunder the Note, and all mums due under m all Riders this Sectuity Instrument this thaSecurity t are executed by Borrower. The
following Riders are to be executed by Borrower (cheek box as applicable:]:
0 Adjt=bk Rate Rider ? Condorttinium Rider ? Second Hare Rider
? Balloon Rider ? PW=d Unit Dwelopment Rider Q Other(s) ispecifyl
? 1-4 Family Rider ? Biweekly Payment Rider
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(1) "Applicable Law" means all controlling applicable federal, state and local statutes,
reggyu?abom ordinances and administrative rules and orders (that have the effect of law) as well as
allaKpliaable final, nAn.appealabk jnaiaial opinions.
() Community As ties Dues, Fees, and Assessments" means all dues, fees, assessments
and other charges that ere imposed on Borrower or the Property by a condominium association,
homeowners moo Won or similar organi 40n.
(ig "Electronie Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or sitnilar paper insrument. which is initiated thmugh an electronic
terminal, telcehoaic instrument, computer , or magnetic taps so as to order, instruct, or attd=ize a
financial insaftfli n to debit or credit so account. Such term includes, but is not limited to,
point-of-sale trausfwss automated teller machine transactions, transfers initiated by telephone,
was transfers, and automated el=*gbousc transfers.
(L) "Escrow Items" means those items that are described in Section 3.
M "Miscellaneous Proceeds" means any compensation, settlemnn; award of damages, or
proceeds pfd by auy third party (other than ins_m:e proceeds paid under the coverages
described t!i Section S) 1b, (i) ?M age to, or destruction of, the petty, (ii) condiunnation or
other taking ofall or any pact of the -Property; (iii) conveyance in lieu of condenmation; or (iv)
?s o1; or omissions as to, the value and/or condition of the Property.
0 " Insurance" means insurance protecting Lender against the nonpayment of, or
defimh on, the
(O) "Periodic Payment" means the regularly sehaduled amount dire for (i) principal and interest
under the NOW plus (it) any amounts under Section 3 of this Security Instrument.
(P) 'IMPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 at ere q.) and
its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from
time to time, or any additional or successor legislation or regulation that gowns the same subject
matter. As used in this Security Iastruare0; "RESPA" refers to all requirements and restrictions
that are imposed in regard to a "federally related mortgage loan" even if the Loam does not qualify
as a "tbde elly related mortgage loan" under RBSPA.
(Q) "Succ"or in lnkwM of Borrower" rneans any party that has taken title to the Property,
whether or not that party bas assumed Borrower's obligations under the Note and/or this Severity
Insutrnent.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument seares to Lender. (i) the repayment of the Loan, end all renewals,
cuensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
agreements under this Security Inrtrument and clue Note.
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Aug-16-2005 10:2? Frm-PREMIER ABSTRACT +243 3360 T-683 P.004 F-613
Forth vurme. Borrower does hereby mortgage, grant and convey to MFRS (sol as nominee
for tx and Lcndees successors and assigns) and to the successors and assigns of MFRS, the
followlag described property located in the
County of Cumberland
which c=ently lots the address of 1012 MILL ROAD
Meehanicsbure Pennsylvania PAY Address):
Section: Block: Lot;
TOGETHER WITH all the improvements now or hereafter erected on the property, and
09 appurtenances, and futures now or hereafter a pert of the property. , All
replaoem'and additions shall also be covered by this Security Instrwnent Ap of the
foregoing is refernd to in this Security Instrument as the "Property." Berrower understlmds and
agrees dtar MFRS holds only legal title to the interests granted by Boaower in this Security
Instrument, but, if necessary to comply with law or custom. MERS (as nominee for Leader and
Lender's successors and assigns) has the right: to exercise any or all of those interests, inchWWS,
but not limited to, the right to foreclose and sell the property; and to take any action required of
Lender including, but not limited to, releasing and canceling this security Instrument
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
conveyed and has the tight to mortgage, grant and convey the Property and that the Property is
unencunibered, except for encumbrances of record. Borrower warrants and will defend generally
the We to the property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines =form covenants for national use and
non-tmifomn covenants with limited variations by jurisdiction to oonstiuue a uniform socarity
instrument covering real ptopeaty.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
L Payment of Principal, Interest, Escrow Items, Prepayment Chargm and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by
the Now and any prepayment charges and late charges due under the Note. Borrower shall also
R row Items pursuant ro Sand this Security
be in U.S. einresninstrunnatt received
ment der the Note w Lender unpaid,
regions at say ar all suband this Securit
made oae ar more of (a) cash, (b
(c) ter 'Bedcheek, provided any
such s drawan a federal agency,
instrty, or snide} , or (d) Eleonoruc Funds Transfer.
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Aus-18-2005 10:27 FrwPRENIER ABSTRACT +243 3390 T-683 P.005/023 F-613
Payments ate doomed received by Lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may rawra any payment or partial psymem if the payment or
partial payments am insuf$oient to bring the Loan current. Lender may accept any payment or
partial paymiont insufficient to bring the I ? witwaiver of any rights hereunder or
dine m its rights to reNso snob payment or is in the fixture, but Lender is not
to aapppply such Eaaymarts at the time such payments are accepted if each Periodic
Payment is alaplied as of m scheduled due date, rhea I ends need not pay imam on unapplied
funds. Lender may hold rude unapplied fiends aatil Borrows tnalcea payment to brim the Loan
parent. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or tehan than to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note itnmedtetefy prior ro foreclosure. No offset or claim
which Borrower might have now or in the future s?airtst Lender shall relieve Borrower from
insth agent ty Instrument or perfotnsing the covenants
gpayments scoured bey this the Not et and
and agra
2. Application of Payments or Proceeds. Except as otherwise descn'bed in this Section
2, all payments accepted and applied by Lender shall be applied in the following order of priority:
(a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section
3. Such payments shall be applied to each Periodic Payment in the order in which it became due.
Amy rannining amounts shall be applied fast to late comes, second to any other amounts due
rmd" this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a MOCient amount to pay any late charge due, the payuAnt may be applied to the
delinquent payment and the late Charge. If morn than one Periodic Payment is outsfandin?,
Lender may apply any payment received from Borrower to the repayment of the Penodlc
Paynxats if, and to the extent that, each payment can be paid in full. To the extent that any excess
exists after the payment is applied to the f W payment of one or more Periodic Payments, such
c=sss may be to any late charges due. Voluntary prepayments shall be applied first to
?Y p> ePaYmt applied and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due tinder the Note shall not extend or postpone the due date, or change the amount, of the
Periodic PaymefftL
3. Funds for rAcr'ow Items. Borrower shall ppaayy to Lender on the day Periodic
Payments are due under the Note, until the Note is paid in firll, a sun (the "Funds') to provide for
payment of amounts due; for. (a) taxes and assessments and other items which can attain priority
over this Security Inshnnnent as a lion or encumbrance on the Property; (b) leasehold payments
or ground touts on the Property, if any; (c) premiums for any and all insurance required by
Lender under Section 5; and 0 Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender In lieu of the payment of Mortgage Insurance premiums m accordance with
the provisions of Section 10. These items are called "Escrow Items. At origination or at any time
during the term of the Loan, Lender may require that Community Association Dues, 1~ees, and
Assessm=ts, if any, be tacaowed by Rorrowa, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall prompty famish to Lends all notices of amounts to be paid under
this Section. Borrower aba11 pa Leader the funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items.
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Aug-16-2006 10:27 From-PREMIER ABSTRACT +243 3300 T-663 P-001/023 F-613
Lender may waive Bmrvwees obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall
pay directly, when and where payable, the amounts duo for any Escrow Items for which paymart
of Funds has born waived b Lender and, if bender requires, shall fiuuish to Leader too.,"
evidencing such payment within such tine period as Lender may require. Borrower's obligation
to make sash payments and to provide receipts shall for all purposes be deemed to be a covenant
and aptanant contained in this Security Instruorent, as the phrase "covemmt and agreement" is
used car Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,
and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
under Section 9 and pap such amomu and Borrower shall then be obligated under Section 9 to
repay to Lender any such amotmt Leader may revoke the waiver as to any or all Escrow Items at
any time by a notice given in accordaaoa with Swtlon 15 and, upon such revocation, Borrower
shall pay to Leader all Ptmds, and in such amounts, that am then required under this Section 3.
Loader any, at any time, collect and hold Funds in an amount (a) sufficient to permit
I ender to apply the Ftmds ar the lilac spxified under RESPA, and (b) teat to exceed the
meximuon arnoumt a lender can require under RESPA. Lender shall estimate the amount of Funds
due an the basis of a turettt data and tra9oneblo estimates of expeaditores of fume Escrow Items
O r a
therwise in accordance with Applicable Law.
The Frmda shall be held is as iaSattfiori whose deposits ate ittsmed by a federal agency,
instrtmuauslity, of entity (iaclnrding Coedit, if Leander is en hrstititdan whose deposits are so
ittstued) en in nay Pederal Horne Lola Beak Leader shall sppty the Funds to pay the Escrow
Items no later rhea the time specified under RUE PA. Leader shall not Borrower for
hci app yang the Fads, annually analyting the escrow aceotm? or von the Escrow
leader pays Borrower interest on the Funds and Applicable Law permits Lender to
taalce each a charge. aloes an agreataent is made in writing or Applicable Law requh= interest
to be paid ca the Funds, Laufer shall sot be required to pay Borrower say interest or earnings on
due Funds. Borrower and Lander can agree aA writing, however, that interest shall be paid on the
Funds Leader shall give to Borrower. without charge, as annual accounting of the Funds as
requited by 1tFSPA.
IY there is a atrrphe of Fursds held in escrow, as defined under RESPA. Leader shall
account to Borrower for the excess feuds in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender sball nodi!r Sarrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make the shortage in
accordance with RMP but in no more than 12 monthlyshal pay If there is a "010 ncy of
Funds held in escrow, as defined under RESPA, LendaItactify &amwer as required by
RESPA, and Borrower shall pay to Lender the amount ne msary to makeup the deficiency in
accordance with RP.SPA, but in no mom than 12 monthly payments.
Upon payment in full of all gums weaned by this Secw* Instrument, Lender shall
promptly refimd to Borrower any Funds held by Lander.
4. Charges; I.feas. Borrower shall pay all taxes, assessments, charges, fines, and
impvsidOw le to the Property which can attain priority over this Se amity Instrument,
leasehold payments or ground Tema on the Pmpury, if any, and Community Association Does,
Fees, and Assessments, if any. To the extent that these hems arc Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shalt prom y discharge any lien which has ppdorit? over this Security
Instrument unless Borrower a) agrees in venting to the psymeat of the obhgatioa secured by the
lien in a manner acceptable to Lender, but only so long as Borrower Is perforanI such
agramart jb)) contests the lieu in good faith by, or defends against enforcement of the ben M
legal proceadiags which in Lendees opinion operate to prevent the enforcement of the lien while
those proccedmp are pending, but only until such proceedings are concluded; or (c) secures *cm
the holder of the lien An agreement satisfactory to Lender subordinating the lien to this Security
instrument
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Aus-16-2005 10:26 From-PREMIER ABSTRACT +243 3390 7-663 P107/023 F-613
If Lander detemnincs that any part of the Property is subject to a lien which can attain priority
over this Security Insatrment, Lander may Blue Boaower a aotioe identifying the lien. Within 10
days of the date on which that notice is grvtn, >sotrower shell satisfy the ' en or talae one or more
i:W5 the actionsset fLender tax verification
r 7t2 iy existing or hereafter
ropertythe term "etrtended
coveraarty other hararda tnalvding, but not limited to, earthquakes and floods, for which
Iuendar requires trance. this insurance shall ba maintaiaad m the amormts (including
dedtxa?l) and for the pariods that bender requires What Lender requires pursuant to the
preceding =OWN can chap during the teem of the Loan. The insurance carrier providing the
insurance shall be chosen by orrower subject to Lender's right to disapprove normwoes choice,
which right shall not be exercised w reLwambly. Lender may require Borrower to pay, in
Mmectim with this Loan, either. (a) a one-time charge for flood zone determrnagon,
certification and tracidng services; or (b) a ono-time charge for flood zone determination and
oertification services and subsequent charges each time pings or similar changes occur
which reasonably might affect such determination or crca ion. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency
to connection with the review of any flood zone determination resulting from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any par ioular type or amount of coverage. Therefore, such coverage shall cover Lender,
but might or might not protect Borrower, Borroweds equity in the Property. or the consents of the
Property, against any risk. hazard or liability and might provide greater or lesser coverage than
was previously in affect. Borrower acknowledges that the cost of the insurance coverage so
obtained mi t significantly exceed the cost of insurance that Borrower could have obtained Any
amounts dig by Lender under this ScWon 5 shall become additional debt of Borrower
secured by this Security Inaftment. These amounts shall bear interest at ttta Now rate firm the
date of disbursement and shall be payable, with such interest, upon notice from Lender to
Borrower requesting pa mm
All hmn2aiti policies regmred by Lender and renewals of such policies shall be subject to
Lenders right to disapprove such policies, shall include a standard mortgage clause, acrd shall
name Lender as mortgagee and/or as an additional loss payee. Lender sha11 have the right to hold
the policies and rcnmml certificates. If Lender requires Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. If borrower obtains any farm of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of. the Property, such
policy shall include a standard mortgage Clause and shall name Lender as mortgagee and/or as an
additional loss payee.
%! 894PG3427
Aua-18-2005 10:28 Frm-PREMIER ABSTRACT +243 3380 T-683 P.000/023 F-613
In the event of loss, Borrower shall give prompt notice to the insurance cagier and
Lender. Loader may malts goof of loss if not made promptly by Borrower. Unless Lander and
Borrower othetwin " in writing, any insurance proceeds, whether or not the underlying
itus mum was required by Lender shall be applied to restoration or repair of the Property, if the
restoration of repair is economical feasible and Lender's security is not lessaud. During such
repair and restoration ported, Le shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisf4cdon, provided that Such inspection shall be undertaken promptly. Lander may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid out such ksttrance proceeds, Lender shall not be required to pay
Borrower any interest or camings on such proceeds. Fees for public adjusters, or other third
parties, retained by Borrower shall not be paid out of the m=*snoe pro and $W be the sole
obligation of Borrower. If the restoration or repair is not economically feasible or Lender's
seotuity would be lessened, the inatrauce proceeds shall be applied to the sums seemed by this
Saanity histrvment, whether or not then due, with the excess, if any, paid to Borrower. Such
insurance shall be applied in the order provided for in Section 2.
If crrnnvor abandons rho Property, Leader may Ells, negotiate and settle arty available
iawraacc claim and tt hoed raattcrs. If Borrower does not resQoad within 30 aayc to a notice from
Leades that the Insurance carrier has offered to settle a claim, then Lender tray negotiate and
settle the claim The 3a•day period will ?e?n whin the notice is given Ito either event, or if
Lender acquhes the Propergr under Soctien 22 or otheswlsts, Borrower hereby assigzrs to Lender
(a) Borrower's rights to eery ins:uance proceeds ur an amount not to exceed the smrnmts unpaid
tinder the Note or this Security Instrument and (b) any other of Boaowees rights (other than the
right to any refund of unearned premn+..,a paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property.
Lender ma use tthhee inns Men proceeds citha to repair or restore the Property or to pay amounts
unpaid trader the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within 60 days after the execution of this Security Instrument and shall
contimu to occupy rho Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Pretux'vadoa, NWatenance and Protection of the Property; Inspections. Borrower
shall not destroy damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property. Whether or not Borrower is residm$ m the Property, Borrower shall
maintain the Property is order to prevent the Property Mromm deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall prornptly repair the Property if damaged to avoid further
deterioration or damage. If irwauce or condemnation proceeds are paid in connection with
damage t% or the taking of, the Property, Borrower shall be responsible lbr repairing or restoring
the Property only if Linder has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a "le payment or in a series of progress payments as
the work is completed. If the bmtranoe or condemnation proceeds are not sufficient to repair or
restore the Property, Borrower is not relieved of Borro s obligation for the completion of such
repair or restoration.
l9WMVAMA-F Wftwj-.".tend nNkM. M4VM U49MUAMr 049PA 1-3m 01 6w?ylirar=I
BK 1894PG3428
Aus-18-1006 10;19 Fran-PREMIER ABSTRACT +243 3380
T-683 P.008/023 F-012
Lender or its agent may make reasonable entries upon and inspections of the Property. If
it bas reasonable canoe, Lender may inspect the intodor of the improvements on the Property.
Lender aball give Borrower notice at the time of or prior to such an intctior inspection specifying
such reasouabt¢ cause.
& Borrower's Loan Application. Borrower shalt be in default if, during the Load
application process, Borrower or any persons or entities acting at the direction of Borrower or
wkb Borrowees knowledge or consent gave materiallyy false, misleading, or inaccurate
information or statements to Leader (or failed to provide Lender with matorid information) in
connection with the Loan. Material re om include, but are not limited to, representations
co nce<niag Borrowea's occapaaoy of as Borrower's principal residence.
9. Protection of Leader's Interest in the Property and Rights Uader dds Security
Iaserament. If (a) F3otrawor fails to perform the covenants anti a?reomrnts conmkwd in this
Seaariry Inauumeat, (b) there is a legal proceeding that might argruficantly affect Lender's
interact is the t'roparty and/or rights under this Sentruty Instrument (such as R .Proceeding in
bankruptcy, Probate, for co»dernnabon or forfoiUarc, for enfarodmem of a lien which may attain
priority over tls}a Seaaity Instirurnanc or to enforce taws or regulations}, or (c) Borrower bag
abaudoaed the Property, then Lender may do cad pay for whatever is reasonable or appropriate to
protect Lender's interest in rho Property and rights under this Security Instrument, including
pig and/or arse ag the v4uc of the Pm and securing and/or repairing the Property,
Lender's setmana eau laclade, but are not limited ru (a) paying any sums secured by a Iron which
has priority over this Security Instrunwat; (b) appearing in court; and (c) paying seasonable
atrom03, fees to protect its interest in the Property and/or rights under this Security Instrument,
including
t limited im seaasd position in a bankruptcy Proceeding. Seeuting the Property includes, but is
no
to, tattling the Property to make repairs, ehange locks, replace or board up doors and
witudowS, drain water from pipes, eliatinate building or other code violations or dangerous
owrditions, and have trtiiities tutted oa or off. Although Lender may take action under this
Sedian 9, Leader does not have to do so and is not hander any dory or obligation to do so. It is
that Lender incurs no liability for not taking any or all actions authorized under this
iagreedon9.
Sect
Any amounts disbursed by Lender under this Section 9 shalt become additional debt of
Borrower Woured by this Security Instrument. These amounts sWI bear interest at the Note rate
from the data of disbursemod and shall be payable, with such interCSt, upon notice from Lender
to Borrower mquesdag payment.
If this Security Instrumarat is on a leasehold, Borrower shall comply with all the
previsions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee
title shall not merge UWM Leader ads to the merger in writing.
10, Mortgage b=Mneea If Lender MAgramd Mortgage Insurance as a condition of
?making the Loan, Rorrowec shall pay the pit mkians required to maintain the Mortgage Insurance
in effect. IL for any raven, the Mortgage Insurance Govccagt required by I.cnder oeases to be
available front the mort? insurer that previously provided such iasursace and Borrower was
required to make separate y deaignatod payments toward the premitums for Mortgage Insurance,
Bamwer shall pay the premiums required to obtain coverage substaa?]1y equivalent to rho
Mattgage Itmaaztec Previously in effect, at a cost Substantially equivalent oo the oast to BormWer
LtndederMortgage Insurance prevously is efTect, from an alternate mortgage insurer, selected by
!' Fa14YLVAMA-Sirab Fwrvly fts"a h1sWu mUm UNWOM rNFMN=T owram FaMMJV W1 &WEV16paW
OK i 894PG3429
Aug-16-2005 10:30 From-PREMIER ABSTRACT +243 3390 T-683 P.010/023 F-613
If substantially equivalent Mortgage lns+uanac coverage is not available, Borrower shall continue
to pay to I attdce the amount of the separately dex4amod payments that were due when the
insurance owAnge cased to be in eMet. Lender will accept, use and retain these payments as a
aosirefimdable loss mauve in lieu of Mortpge Insurance. Such loss reserve shall be
non-refttulable, notwithstanding the fact that rho Loan is ultimately paid in frill. W Lender shall
not be required to pay Borrower nay interest or earnings on such loss reserve. Lender can no
lon$et require loss reserve if Mortgage Insurance coverage (in the amount and for the
per7od that Tender requires) provided by as msmw selected by Leader again becomes available,
is obtained, and Lender requires separately designated payments toward the premiums for
Mortgago Insuuance. If Leader required Mottgage Insurance as a condition of making the lam
and Borrower was required to stake separately designated pa cuts toward the premiums for
Mortgage Insuuaatx, Borrower shall pay the premiums rreeqqutsed to tnaiatain MoriUage Insurance
in effect, or to provide a noarefimdablc kiss reserve, unal l,endcr's requirement for Mortga e
Insurance ends in acoordaace wilt any written agreement between Borrower and Leader
providing for such termiastiaa or until tetmiastion is cegitired by Applicable Law. Nothing in
this Section 16 affects Borrower's obligation to pay inteteat at ttu rate provided in the Note
Mortgage insuranct reimbtmes Lender (or any entity that ptuurhases the Nate) for certain
losses it may incur if Borrower does not repay dtc Loan as agt?cd Borrower is not a party to the
Mortpe Insurance.
Mod" insurers evaluate their total risk on all such insurance is force from time to
time, and may MW into egreameats with other parties that share or modify their risk, or reduce
losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer
and the other party (or parties) to thhese agreements. These agreements may require the mortgage
using VUWW to mob payments
source of may have
may include fiinds obtained from Mortgage Instuancx s). available
Asa result of these agreements, Lcnft, any purchaser of the Note, another insumr, any
rei tli met, any other entity, or an aflll)ate of any of the foregoiag, may receive (ditrectly or
indirectly) amounts that derive from (or might be chatwAmited as
a portion of Borrower's
yto" for Mortgage Insurance, in exchange for sharing or modifying the mortgage msumes
risk, or reducing losses. If such agreement provides that an atTiliate of Loader takes a share of the
insurer's dsk is exchange for a share of the premiums paid to the insurer, the arrangement is often
termed "captive rcrostuanae." Further.
(a) Any suck arteumts will not affect the amounts that Borrower has agreed to
pay for Mortgage lnanraoce, or any other terms of me Loan. Sack agreements will not
increase the amount Borrower will owe for Mortgaga Insurance, and they wfll not entitle
Borrower to any rdfnnd,
(b) Any such agreements will not affect the rights Borrower has - if any - whirr
respell to the Mortgage lost rance under the Homeowners Protection Act of 1998 or any
other law. Tbase tights may Include the right to receive certain dbeloso res, to request and
obtain cancellation of fits Mortgage Insurance, to hove the Mortgage Insurance terminated
antoomaticsUy, and/or to receive a refnad of any Mortgage Insurance prbmlums that were
naearimm at the time of each eancellation or termination.
11. Assieruneat of Alrset llaneaas proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
r4M4Y1.VANM-s"kFinay-.!'a?MrMr/P?gi. Nocaq Oo[INCiRtUM odum Arm NOS Lal
QK 1894PG3430
Aug-16-2006 10:30 From-PREMIER ABSTRACT +243 3390 7-663 P1011/023 HIS
If the property is damaged, such Miscellaneous proceeds SWI be applied to restoration Or
repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened Pacing such repsrt' and restoranon period, lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been *umpleted to Lender's satisfaction. provulcd that such inspc?on shall be
tmdettaloorc promptly. Lender may pay for the repairs and restoration in a single disbursemmadc ent in
is
in a series of progmss payments as the work a completed. Unless an agreement
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be rvgaired to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums scoured by this security Instrument, whether
or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
10 the event of a total taking, dctrucuoa, or loss in value of the property, the
1vli5e611211eous Proceeds shall be qplird to the sums secured by this Security Instrument, whether
or cwt then due, with the excess, ' atty, paid to Borrower.
In the event of a partial taking, destr+r d , or loss in value of the property in which the
fair market value of the Property amnediately before the partial taldag. destnxft n, or loss in
value isequa1 to or greater than due amount of the tarns securod by this Security bwtrarnout
antriediatel before the paraal taking, destination, or loan in value, unless 13onowa and Leader
otherwise is arsiting, the sums secured bytttia Security Instntmeat shall be reduced by the
amount of the Miscellamotta Proceeds mtiltiplied by the followistp fracdaa: (a) the total amount
of the sums sectored immmediately befaie tlu partial teidns, destruction, or loss in value divided by
(b) tfte tali market value of the immediately beffoore the partial taking, destruction, or loss
is vahte. Any balance shall be yai?orrower.
In the event of a areal taking, destruction, or loss in value of the Property in which the
thir market valTie of the Property immediately before the partial taking, destrilcdon, or loss in
value is less than the amount of The sums secured immediately before the partial taldng,
destruction, or loss in vsluq unless Borrower and Lander otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the Burns secured by this Seeuriry Instnunietit whether
or rot the sunos ate then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
The OPposing Party (as defined in the next sentence) offers ro make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is givers,
Lender is authorized to COUM and apply the Miscellaneous Proceeds either to resmd on or
of the Property or o the Simms secaired by this Security IxWument, whether or not then due.
usii p moans T1se third patty that owes Borrower lscellaneous Proceeds or the party
againsteds.
civil or criminal, is
tor other material
isripairmof Lender's iu in the Property or ri$lts under this Security Intnrumettt Borrower
can cure ouch a default and, if seoeleraaon late oecuned, reinstate as provided in Section 19, by
e action oz procooding to be dismissed will a nsliag that, to Lender's judgment.
p?Th forfaiuue of the Property or other aiatorial impaianent Of Lender's Wterest in the
property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Under's interest in the Propcrcy are hereby
assigned and shall be paid to Lender.
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Vou
a
I894PG343!
Aug-16-2005 10:30 FrwPREMIER ABSTRACT +243 3360 T-603 P-012/023 F-613
,kU > &collancous Proceeds that are not lied to restoration or repair of the Property
shall be qn" In the order? pp??ppvided for in 8ecdon Z
mzorrower Not Released; Forbearance By Leader Not a Waiver. Pxtcasion of the
time for payment or modificrkion of amortization of the sums secured by this Security Inst:+>ment
granted by Candor to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successors m interest of Borrower. Leader shall not be
rower or to refuse to
arrmeaoe proceedings against any Successor in Interest of Bor
or payment or othtttwise modify amortization of the sums secured by this Security
y reason of any demand made by the oit?inal Borrower or any Successors in Interest
. Any fasbearaaoe by Lender in exerasnng any right or remedy inch wltb.out
nder's acceptaarx of payments from third petgons, critter or Suceess? Interest
SIMMEM
or in amottats lase than the amount then due, shall not ba a waiver csf nr prrclude the
exercise of anY d& or remedy,
13. Joint and SeverN Ltabilityi Co-signers. Successors and Assigns Bound. Borrower
covenants and agrees that 9onroweed, obligations and liability shall be joint and several.
However, any Borrower who co-signs this S&Mdty Iastnttaertt but does not execute the Note (a
^co-sigaerl: (a) is 041gift this Security Instrument only to mortgage, grant cad convey the
co-signets interest in rho Property under the terms of this Security Iasmmtent; (b) is not
personally abligatod to pay the suers secured by this Security Instruument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
sommrnodstions with regard to the terms of this Security Lrstrumeut of the Note without the
co-signets consent.
Subject to the rovy- ions of Section IS.. any Successor in Interest of Borrower who
assumes Borrower's obligations under this Secuty Instrument in writing, and is proved by
Lender. shall obtain all of Borrower's tights and benefits under this Security instmment.
Borrower shall not be released from Borrower's obligations and liability under this Security
Insmalm unless Lender agrees to such release in writing. The covenants and agreements of this
Sevuriry Instrument shalt bind (except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Lou Charges. Lender may charge Borrower fees for services performed in
connection with Borrower's default, for the purpose of protecting Lender's interest in the Property
and rights under this Security Instrument, including, but not limited to, attorneys' fern, property
inspoction and valuation fees. In regard to any other fees, the absence of express authority in this
SecurityInstrument to a specific fee to Borrower shall not be construed as a prohibition on
the of such fec"T er roay not charge fees that am expressly prohib tod by this
Security Instrument or Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
iferpreW so that the interest of other loan cluages collected of to be collected in connection
with the Loan exceed the permitted limits, then: (a an such loan charge shall be reduced by the
atnoutrt necessary to reduce the charge to the permitted fimit; and (b) any sums ah eady collected
from Borrower which exceeded permitted limits will be ref nxied to Borrower. Leader may
choose to make this refund by reducing the principal owed under the Note or by taaldng a direct
paynumt to Borrower. If a rt:fttnd reduces . the reduction will be treated as a
pprseeppasyment without any ptopaytttent charge = or not a payment charge is provi for
under the Note). Borrowers acceptance of any such retkmd made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
1P0NMVANI4-6N*RIKUP-.IFMO MIW"Mr Mr. UN1rbRM INSTIWMWT Offim fr A* UI OW11VIPIP-9-y
8K! 894PG3432
Aus-16-2006 10:31 From-PREMIER ABSTRACT +243 $390 7-683 P.013/023 F-613
IS. Notices. All notices given by Borrower or Leader in connecdon with this SO"*
Instnurnont roust be in Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if sent by other means. Notice to any one
Borrower hall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice tddrtu Bcrrowet's chengo of addtst IY Leander notice ?I ender. a rend shall ortin Borrnotify s ?f
address, then Borrower shall rely mport a change of addmss through drat specified pro
Thera may be only one designated uotiae address under this Security Im~avatent at any one time.
Any tnotice ro Leader shall be given by delivering it or by mailing it by first class mail to Leader's
adduces stared herein unless 7 ender her designated another addrtss by notice to Borrower. Any
notice in oonnec6on with this Sewuriry Instrument shall not be dcdned tp have been given to
Lender tvitil actually received byy Lender. If any notice rt quired by this Security Instrument is
also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security insmauent
16. Goveraiagg Law, Severabilityl Rules of Construction. This Security Instrument
shall be goverrted by = "law and the law of the jurisdiction in which the Property is located.
All rights and obligations contained in this Security Instrument are subject to any requirements
and li"mitadens of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by eomLact or it might be silent, but such silence shall not be construed as a
=tion against sgreement by contract, In the event that an provision or clause of this
Inst,roauut or the Note conflicts with Applicable Law, such conflict shall not afkct other
provisions of this Security Insrment or the Note which can be given effect without the
oonflWA provision.
As used in this Security butrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the kutinhte gender, (b) words in the singular
shall mean and incJudc the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any acdc&
17, Borrower's Copy. Borrower Shall be given one copy of the Note and of this Security
Imstromoat
18. Transfer of tke Property or a Benefield Interest is Borrower. As used in this
Section 18. "Interest in the Property" means any legal or boreficisl interest in the Property
inclining, but not limited to, those beneficial interests transferred in a bond for deed, conuaot for
deed, h3rdilmeat sales Contract or escrow 89t, the intent of which is the UMfer of dtk by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property Is sold or transfemd (or if
Borrower is not a natural parson and a beneficial interest in Borrower is sold or transferred)
without Landes ?pn_rr`i?o(?.r` wrirtcn consent, Leader may require immediate ppaSyment in full of all stuns
secured by this Security Instrument. However, this option shall not be exercised by Leader If
such exerciso is prohibited by Applicable Law.
If Lender exercises this op Wri. Lender shall give Borrower notice of acceleration. The
notice shall provide a period of riot less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower most pay all sums secured by this Security
Imstrumetut If Borrower fails m pay these sums prior to the ex lMon of this penal, Lender may
involm any remedies permitted by+ this Security Instrument without further notice or demand on
Borrower.
ra?+NEri y?N?A-S?{M ?r-a'µ ?•e?k e?.. urproQna uJ6'[7tvPfarc (Kzuq VOMMt w1 ([,r:Wtfvvw
QN 1894PG3433.
Aug-16-2005 10:31 Froa-PREMIER ABSTRACT +243 3300 T-668 P.014/023 F-613
19, Borrower's Might to Reinstate After Accekrarioa. If Borrower meets certain
conditions, Bomma shall have the right to have enforcement of this Security b6ttumcat
ant
rsu
discontinued at any tima prior to the earliest of a) five days before sale of the Prop R
to any Power of sale conkiacd in this Security nt: (b) such other period as icable
entry of gmeat
mfotcirtg this Security Insenuneru. Those coaditiona ere that Borrower (a? pays Leader all smns
which that would be duo trader this SccurIry Instrument and the Nate as if no acceleration had
oecurrnd; (b) acres any dafeult of arty other coveutants err agceenents; (c} pays all cKpensw
inearaed in orhforaimg this Seottnry Instturnert, luck but trot timirod to, reasonable attorneys'
fees, property inspeetioa and vahtatiors fees, and other iaeurted far the puhpase of protecting
Ids interest in the Property and rights under this Security Iastrvme and (d) takes such
action as Lender may reasonably tegwre ti assure that Lexrdez's interest incite Pro" and rights
render this Sexauity Inattstment, and borrowers abl' to pay the sums secured by this
sewtity instrhaurant, shall ooatinere unahumged. L=y regture that Sotratver pay such
reintnatemeat sums and expenses in one or more of the following forms, as selected by Lender.
(a) ash; (b) money order; (c) eettiiiod check, bank check, treasurer's chcck or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, msuumentality or entity; or (d) Electronic puadg Transfer, Upon reinstatement by
Borrower, this sec * Instrument and obligations scoured hereby shall remain fully effective as
if no acceleradimn had occurred. However, this ti& to reinstate sball not apply in the we of
acceleration under Section 18.
20. gale of Note; Change of Lose Servieer; Notice of Grievance. 11w Note or a partial
interest in the Note (together with this Security lastrmuent can be sold one or more tines
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Service") that collects Periodic Payments due under the Note and this Security Instrument
andpertsoans o or mortgage loan servicing obligations under the Note, this Security Inshument,
and Applicable Law. Thera also might be one or more changes of the Loan Servicer unrelated to
a sale of the Note. If time is a change of the Loan Servicer, Borrower will be 4iven written notice
of the change which will state the name and address of the new Loan Sovicer, the address to
which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If cite Note is sold and thereatta the Lam is serviced by a Loan
Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servrcer and
are not assunnad by the Note purchaser unless otherwise provided by the Note prrchsser,
Neither Borrower nor L under may eommCJrco, ' in, or be joined to any action (aa
dtitar an individual litigant or the member of it atass that arises from the other -Vs actions
pmauamt to this Security Instrument or that alkgos that the other parry has breached any provision
o?? duty owed by reason of, this Seanicy Inafrumcat, until such Horrauer or Lender has
outer (with sash notice given m eompliatsx with the requiremenus of Section
1 S) of surly aikgoiazach and aiforded the other pphexeto a reasonable period after the giving
of such notice to take ce?ecdve adfon. If App]trab Law provides a > period which must
elapse ttoftue certain action tau be takes, that tints period will be decant to be reasonable for
purposes of this lraragraph The notice of seeoteradaa and opparamity to cure given to Borrower
pmseraM to Seohan 22 and the notice of aooderatiar given to Borrower pursuant to Section Is
shall be docrand to satisfy the notice and opportunity to talcs corrective action provisions of this
Section 20.
?aW+FartifMA-8i?rktmly.?..re N.ArNr.?t.e UFJIMRu VffMtWMT Oak% WOM3M u41 ("Wraylipaw
8X 1894PG3434
Aur18-2008 10:82 FrwPREMIER ABSTRACT
+143 3390 T-663 P.0161023 F-613
21. Hazardous Subsances. As used in this Section 21: (a) "Hazardous Snbstancas" are
those substances defined as toxic or hazardous substances, pollutants, or wawa by
LnvironmcaW Law and the following substances olive, kerosene, other fiammable or toxic
Petroleum products, toxic pesticides and herbicides, volatile solvents, materials oomin?iagg
asbestaa or formaldelt^ ad radioactive materials; (b) "Environmental Law" means fedoral
laws and laws of the jutisdrotiou where the Is located that relate to health, safety or
etrviron k protxaon; (c) "Enviroawentajl= includes any response action, remedial
action, or removal action, as defined in Environmental Law; end (d) an "Euvitonvusital
Condition" recess a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
BorrmWer shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrow= shall not dot nor allow any m else to do, anything affecting the Property (a) that is m
violation of My Environmental Law, (b) which creates an Environmental Condition, of (a)
which, due to die presence, use, or release of a Hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
y recognized to be to to normal residential uses and to maintenance of the
(including bun not 1? hazardous substances in consumer products).
ormwer a?yalk pmmpdY g$y?ve Lender written notice of (a) any investigation, claim,
demand, lawsuit or other score bS' any govemmeatal or regulatory agency or private party
involvLrg dw Property and soy Hazardous Substance or Environmental Law of which Bormwer
has aortal knowledge, (b) any Pnvlronrnettral Condition, irtchrdiag but not limited to, any
leskatg, discharge, release or threat of release of any Hazardous Substance, and (o) any
eondi caused by the presence, use or release of a Hazardous Substance which adversely
affects the vahm of rho Property. If Borrower learns, or is ratified by any governmental or
regulatory MAUKity, or any prvate party, tat
h any removal or other rernediadon of any
Hazardous Substance affecting the properV is necessary. Borrower shall =' tly take all
tioexssa 7 remedial actions im accordatwe with Environmental Law. Nothing shall create
any obligati m on Lender for an Envnonmentak G7ca up.
NON i1WOW COVENANTS. Borrower and Lender ford a covenant and agree as
follows:
27. Acceleration; Remedies. Leader shall give notice to Borrower prior to
acceleration following Borrower's breach of an covenant or agreement in this Security
Instrameat (bat not prior to ateelerattoR under Section 18 unless Applicable Law provides
otherwise). Leader shall notit+q fiorrnwer of, avroRg outer things: (a) the default; (b) the
action regnnlred to tore lice default; (o) wben the default mast be curod; and (d) that inflate
to care the default as epecificd rosy reyyalt is acceleration of the arms secuu+e8 by this
Security IasirptneRt, forer]osure by )ttdicial proceeding and ante of the Property. Lender
shall further inform Borrower of t>Se right re relrrstate after acceleration and the right to
assert in the foeeeiosuee proeeedta the aoa.e>dstente of s default or nay otter defeaae of
Borrower to accelerrttioa and fore?osytre. If fire default is not cured as sppecified, Leader at
tts option m "squire Immediate payment in full of ail stays yxcared by this Security
Enatrurtunt without further demand and may foreclose this Setarity Instrument by judicM
proceeding. Treader shall be entitled to collect: all expenses incurred in purY" the
rrraxdies provided In this Section 27, incladiag, but not limited to, attorneys' fees and costs
of tide evidence to tise extent permitted by Applicable Law.
PEI 3nVATM-Vftk TaWb-FUM% k9SWO dk MaUW O MW MUMCNr (MtRs) Bye-Yat L% 6ye14-11iPP4.tl
BK I894PG3435
Aus-16-2005 10:32 From-PREMIER ABSTRACT
+243 3380 T-683 P.016/023 F-613
23. Release. Upon payment of all sums secured by this Security List =ftl% this Seomity
Instrument and the estate conveyed shall terauinate and become void. After such occurrence,
Lender shall discharge and satisfy this Security Instrument Batrower shall pay any recordation
costs. Larder may charge Borrower a fi e fof ralessing this Security Instrument, but only if the fee
is paid to a third party for services rendered and the charging of the fee is permitted under
Applicable U w.
24. Walvats. Bormwer, to the extent persnittod by Applicable Lau, waives and releases
any error or defects in proceedings to enforce this 3ecunty Instrument, and hereby waives the
benetlt of any present or fircure lava providing for stay of execution, extension of tmc, exemption
from attachment, levy and sale, and homestead exemption.
25. Reiamtement Pp kd. Bormwer's time to reinstate provided in Section 19 shall
extend to one baaprior to the commencement of bidding at a sheriffs sale or other We pursuant
to this Security IRS =wmt.
26. Purchase MoneyiMortgage, If any of the debt secured by this Security Instrument is
lent to Borrower to acquire f l* to thhee Property, this Security Instument shall be a P=hase
moray mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a
judgment is catered an the Note or in an action of mortgage foreclosure shall be the rate payable
from time to time under rho Note.
f'trM6VLYATa?-Siµle Ord .?YWP?sia.M?a WWOYM no-nWNt" MEMO hfeffriM INI 4AWUPIMPOW
$k 1894PG3436
..... -1- T__.r..-
Aus-16-2005 10:33 Fru-PREMIER ABSTRACT +243 3300 T-688 P.OIT/023 F-613
BY SIGNING BELOW, Borrower accepts and to the tears and covenants oontained in
this Security Instrument and is any Rider eexec_u_te_dj?byy Hom wer and recorded with it_
Witnesses: f ` Gcp ? L7Z3 r
2
Seal
power -BonbWer
sea]
Carml M. wire -Borrower
seal
Boaower
Seal
-Borrower
(Spacer Beiaw This Line For Admawledgement?
STATE OF PENNSYLVANIA, Cj j,. 6 , Jan A County ss :
On this 7th day of January ; 2003 , befte me, the tutdersi d, a Notary public in and for said
execution Comty, of ptnonally spired Melody L. Pottorff, Carne M Wire and acknowledpd the
foregoing matrurnent.
WniT1E.SS my hand and official seal.
My commission Expires:
Lary Pu lic
r?alaoaa tar., {xalar eeNiit
MrteoNlydfloN ilalAll Wrd 1?,'?OOa
lBNr6YLVANIM$?6bF?Ee11r-Pw1e 11YdheigfeNU UNIF'01tM lNSTRUMIDiY WPM FOMUM IA1 0wf44fAFrgr4
I
flit 1894063437
Au`-16-2006 10:33 From-PREMIER ABSTRACT +243 3300 T-063 P.018/023 F-613
EXO3331'f "A„
LLCM. DESC=pTxON
ALL that certain passel of land and improvements thereon situate in
the Township of uarpdan County of Cumberland and Cammonwealtb of
Pennsylvania, and designated as Parcel No. 10-17-1033-026 and more
fully described in; a Deed dated September 4, 1997 and recorded
August 30, 1999 in Cumberland County in Deed book Volume 206 at Page
776, granted and conveyed unto Kurt Anthony Stelzer.
UNDER AND SUSJEM to the Declaration of Covenants and easements and
all easements, restrictions and reservations duly recorded in the
Cumberland County Recsorder of Deeds Office.
SE7NG the same premises which became vested in the mortgagors herein
by Deed from Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband
and wife, by Deed dated January 7, 2004 and recorded contemporaneous
herewith in the Office of the Recorder of Deeds in and for
Cumberland County.
J1 '
i
i 894PG3438
_,_ _ .. r
Aug-16-2005 10:33 From-PREMIER ABSTRACT +243 3380 T-683 P.018/023 F-613
ADJUSTABLE RATE RMER
(LIBOR S1x•Nonth Index (Act Published In The Wa0Strad loorrm0--Rate Caps)
THIS ADJUSTABLE RATE FUDER is made this 71h day of January. 2005, Sod is 3dcOrPorsted into sod
,MU be donned 10 upend ad sappW=t dw Mortgage, Dad of Trust, or Severity Deed (the "Security
iratromertt") of the same dare Stv= by the wderslgoed (•Borrw*ce) to secure tlonomWs Adjuirta t Rau Note
(the "Note) to Doha Funding Corper+tion ("Lander") of ft came date and covering 66 property dt crttbcd in he
Seetaity loatro mt a11d beaded at
1012 MILL ROAD Mechanksbgtq PA 17050
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND Tax MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT BORSLOWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND
THE MAXIMUM RATE BORROWER MUST PAY.
r ADDITIONAL COVENAKM in addition to the covenants and agteamenis made in the Security
Instrument, Borrower and Lender furha covenant and ague as follows:
A. VnVREST RATE AND MONTHLY PAYMENT CHANGES
The Nest provides for an initial interest rate of 6.09%. The Note Provides for alangas in We interest rate
and *4 Monthly payments, a NO":
(A) Change Dates
The * "l "t rate I will Pty May d=P OR die lot day of February, 2008, and on that day every sixth
morph thereeRa. Each date on which my interest tale could change is called t "Change Data,*
(B) The Index
8010/1111/19 with the fuss change Date, my iate W rate will be based on an Index. The "index" is the
aw11age Of inttahenk offered rata for six month U.S, dollar-denominated deposits iR the Landon market
("LIBOR"), as lid is The Wall Strod Jotlroel. The most exam Index figure available as of ft AM business
day of the month umnoduddly preceding the month in which the amp Date occurs is caked the "Ctxrent Index."
If the hXI= is >m longer available, the Note Holder will choose a new index that is based upon comparable
inf mmatift The Nom Holder will give me nodoe of" oholce.
(C) Calcmletfea of Chtages
Before cub Change Date, the Note Holder will calculate my now interest rate by adding six pone four four
paanogepoints (6.44%to the Crtreat Index. The Note Holder will dun rotmd the result of this addition to the
fiCUM 011e.eigbdt of ere percamtW point (0.125%). Subject to the limits sand in Section (D) below, this rounded
lingual will be my new homer rata until the next (orange Date.
The Note Holder will than determine the amount of des monthly payment that would be sufficka to repay
die unpaid principal that l am expcoted to owe at tha Change Date in full an %be Maturity Dow at my new interest
race in wbstantially equal payments. The result of this calculation will be the new amount of my monthly payment.
an747LTAt6AnteaTAaidi MT6pmCp-Llael{61Y.aWMn VWXt er11q.SHILO NMe N'ALLXFXx"JWXN44- V-3130 ]al
aYyftF?eaf, ?s??tai''innlbelILWMei?rryp?ry,????I?i II IIIINN IIll1 ow,9ll
I ??Y7II??IIa11??71 ? RaD178
8KI894PG3439
Aus-16-2006 10;33 From-PREMIER ABSTRACT +243 3880 T-683 P.020/023 F-613
(D) Limits eta latsrest Rata Cbaages ,
The Wares rate 1 am required to pay at tha fast Change Date will not be greater than 11.0994 or leas than
8.0994. Tharodw, my interest rate will never be increased or deoreased rn any single Change Data by,.= e than
one psrcentage points (I.D%) from the rate of interest 1 have been paying for the prteeding six months. My interest
We will never be greater than 15.09%
(E) Effeetfve Date of Ckisago
My new Wtaast taro will became affective on each Change Date. I will pay the amount of my now
*middy payment beginning an the fuse monthly payment date after the Change Date until the anowlt of my
M-thly inmearch-tes vin
(F) Notice efClianges
Tha Note Bolder will dd ivcr or mail to me a notice of any changes in my interest rate and the amount of
my monthly Iraynictubeforn the effective elate of any dwagc. The notice will include intbrmulon requited by law
to be given to me sad also the title and telVisono nnmbcr of a person who will answer any question I may have
regardhhg the notice.
TRANSHER OFTHR PROPERTY OR A BENFFICIAL UfMREST IN BORROWER
Vatform Covenant 18 of the Security IttBVUmcat is smended to read as follows;
Traaafer er the Property or n Beaellaial lntersst Is Borrower. As used In this Section
18, "lnfarest in the Property" means my legal or beneficial iaterost in the Property, including, but
not iumited to, thole benefieial interests aamfencd in a bond for deed, contract far deed,
hwraiiment sales contract or escrow agreement, the intent of which is the butler of title by
Borrower at a future data to a purchaser.
If all or any part of the Properly or my Interest in the Ihmperty is sold of tranafarre d
(or if Borrower is not a nuard person and a beneficial interest in Borrower is sold or a tiLecrred)
widwa L Air s prior written consent, Lender may regains immediate payment in furl ofall sums
secaed by title Security 11NOMML Howsvu; this option shall not be eumised by Lender if such
oxarciso is prohibited by Applicable IoW. Lender also shell not exercise this option if. (A)
Borrower causes to be sabmitred to !.ender information required by Linder to evahrate the
intended tranderne as its new loan were being made to the transferee; and (b) Lender reasonably
determines that Larder's security will not be hnpaired by the loan asstnption and them the risk of
a breach of any covormt or sgrenncnt in this Security lnatrhunent is ameptibie to Linder.
To the =tort pertained by Applicable Law, Lender may charger a reasonable far as a
condition to Lender's consent to the loan assumption. Lender also may require the uxndaee to
sign on assumption agreement that is acceptable to Lando and that obligates tha nansferea to keep
all the prdinig t nsd agteemanfa Me& in We Note and in this Seaarity UUV=CnL Borrower Will
uontiaoc to be obligated ceder the Note and this Security Instr n wet unless Lender roleases
Botrowerin wridag.
If Lender macisea the option to require immediate paymmt in full, Lender shall give
Borrower notice of ecoolersdoa The notice shall provide a period of rot leas than 30 days from
rho date the notion is given in aoeardanee with Seedoa 13 within which Bonuwcr must pay all
sums seetazd by Ws Socurky Lunr mhent. If Horrower fails to pay these srmts prior to the
atpirstio s of this period, Lender troy invoke try rernediec permitted by this Securi y lastroeeent
without further notica or denoW on Harrower.
P" 31U Up
o*.a.2ar)
n 1,0
D U194 PG3440
Aut-16-2005 10:34 Fro-PREMIER ABSTRACT +243 3360 T-663 P 021/023 HIS
BY SIGNING BELOW. Bomwer tm*b -d &Am= to the terms and 00vmwnts m t iwmi a' this
muat*bie Rate Rt t.
Al/, , 0 t elet,4 ?/ ................................. .........._................................ .......- ..,..... (Seal)
Y?tmrft -Ha?rv. x
. ............ ........... .......... ..................... (Seat)
COW W Wim -som Na
................................................................................... -.......,................................. (9-0
-Barowvr
.-.._...r....... _.... -........ -._..__ ...................................................................... (seat)
-Bamwtr
Farm 39W Gal
tpP !Val
BK vu BK l 894PG344 I
Aaa-16-2006 10:34 From-PREMIER ABSTRACT +243 3390 T-683 P.0221023 P-613
Thin rider suppkmmts the attached Security Instrument ("Swairy lmwmrxa t:) dated January 71h, 2005. The
iGtlts Of this brier shall wpetxdC soy laugnmga to dic contrary loersttd in the attacbsd Secwity Instrument a any
other doo mwnt mecuted in connection with this trap acdoa. This rid SHALL spR4 epk'9: 1) the Security
Instrument a» tiler Note ere an4pLed to a gmnmteat sponsasd entity such as Fannie Use or Freddie Mac
NOSEY") lmd the provisions are not permitted by flit OSVs: OR 2) the provisions we prohibised by applieablc law.
If any provisions are lrolubited the prohibited portions shall be mrnvcd, but the ramalming terms shalt be eftattiva
1) Prwymca?t penlty , Natwkhst mftg maytNsg to the mutry la the Note regarding Bomww's RW to
Pre my. to tae event the debt seemed by the aoortgegonovelty ltisimment is prepaid, tdm ben wer will be
=Ned to a Prepaytseat pa ft as renews-.
Tba Iobt seared by this metlgege may be prepaid, in whole or in part, at any time. However, should such
prepayment be madc within the fuse three years from do dews of the loss, there shall be paid to the ]solder of ibis
modVW a am equal to 5% Of die amount prepaid.
if btasower prepan up to 1041 of the unpaid principal balance in any 12 in=& pcriod the pepsym m pemlty is in
attach, there shall be no prepayment penalty, However, if the borrower prepays any amount more than 10% in imy
12 mmedt period vie prepayment penalty is in effect, the penalty is calsndattd an the Batas amoUmt prepaid.
2) Funds for Farrow U mr. Said f u& may be commingled with the fw?ds of alts Loader, and are not required to
be held In so hwdtutioa whose funds are Imtred by a federal agency. 4asaumenaality or catity, antes tht: law
requires afherwlW
3) Arbitraden: 1% language in ffio Security Inammam does no supercede any contrary provisions in the
arbitration auccroo nt dated the same daft as this Scourity InsawngN.
4) Bukreptayr Ia the event that Borrower dcchm Bankmptcy, Borrower shall be liable for all reasonable legal
Area and Ambaaements kmmvd by Leader to protect its interest or onforce its rights unit the Not and Smartly
iosteumaat. In the evert that Borrower is pmdmed to an a default to ft Note "or Security irdbnrmmmt pursuant
to the United States Bamkntptey Code Critic I I U.S.C. or m otherwise codified) or other applicable law. the panics
hereto speoifieally sg= that the amount seaasuy, to cum the defluth shall Wilde to sum of all the ani mts past
dus Oda me terms of to Note "or Security instrument, including all principal, Interest, We chargoa, and all
mmals advanced by fonder pmstrant to the terms of the Note and/or Security lastrummmt, iaeludrng all attorneys
fees and coats, plus interest on such MU03 calculated at the annual Interest rue required by the Now and/or Security
Wstrumod firm the date on which Borrower eiccts to aura the default to the date on which the default is fully awed.
No" herein shall be construed to Allow Borrows the right to cure any default of the Note and/or Security
iosuumertt acept as specifically authorized Under *4 United State Bankrupmy Code (Title I1 USC or as
otherwise codified) at other applicable law.
S) Adddkaai Cbmrgeer f agree to pay all masomble charges in connedtion with the scrvioing of this loan including
but not BrAW to obtaining fns searches and bills, processing insurance loss payments, ownership tsansim,
releases, casements, tonseuts, "%ndous, modifications, special ammier ts, assigameau, reduction cartlfteates,
asset recovery, property ltupgaicm, and sadshcdm of mortgage. In the event Borivow directs Lander to order any
reports, appralsala, mW1kcs, monintfions anchor the like, 1 agree that the expense fbr sane is to be added to the
balance of the existing NoldSccWW battlement, if samc is not paid wilhin 30 days of written twdScation.
calm Papa I oft
8K1894PG3442
Aug-16-2005 10:34 From-PREMIER ABSTRACT 4243 3390 T-693 P•023/023 F-613
47 F7rwwmmVraematlon: in the event that the premises offer dmnages or the borrower(s) statements and/or
ruptcaemtd'rom have bcrn found to be Was prior to the dishy meats of funds, Lender in its sole dis=don, rosy
cooed this lean and leader shall have no furdw obligations to the Bonowa. [coder agues shat Lander will fik a
SoWacdon of socaaity instrummt in die event this atcuray instrument is filed with the applicable govemment's
olecies oniza prior to esnoolistive by Lander, and borrower shall pay all coed of filing said saurity instrument andlor
satief ictio n of lecuhy instrument.
7) imaufBcimtt k3lds. In the event any check paid by Dome mar to l.codcr is returned tmpaid because of inaufftcient
fWde, that shall bo a doge aMOUl tint will be the maximum permiseibie under applicable taste law. In that event
I epics #W. at Lenders option, require bunk or oadfied farads for each payment trade %acatlet.
tip ld mrtmg of Notieast I hereby request that all notices are to be set to my primary residentud address which is:
1012 Mill R"d Mechanicsburg PA 17050
!) I3arrowe c'rs answplisOM Upon the request of Lender, its saeczssota or assigns ("Lender"), I shall;
L fimmish and =Cato Amy decanunts required by Lender to verify du hvth and accunwy of any itt amadon I
provided 1m maneuaioa with my mottgaass loss, inelndiag, but not limited m: income, anploymatt, deposit and
loan suft satins and verificadons, moome tax mum, and eontrsots and sedlemaat statements for Ilea ask of
other proper ies:
b. execute any docr®ett that should have been signed at or before the closing; foawute my document aismcd
at or before the eirdttg: and execute that which was inconw.ily draitod and signal st the Closing, ioeludias but
so limited to correction make, correction mortgages and a" corrWd= tneham+euts:
c. furnish any doeum>antr required by, and comply with any conditiora. work and/or mUficatu set forth in
Lcrdals appraisal report or aommitrnenG
d. execute any additional doeameatatica and provide any additional btiorptuion required by the Lender to
focilkado the oak of the mortgage into the secondary rnortsage market;
a. provide full cooperation of and compliance within five days of the making of Lender's rcqunsts, and
undustand that die obligations hereunder shall swvive the closing.
It is fiather agreed dW faihae to eamply with the rcpresenaation6 hereunder shall corrstitAc a default wrier the note
and etc city irmtrumnent, and MAU Inhale tht Lends, its accesses or Mips to any and all of the remedies available
upon default unUr the note And/or security imuwaaat, incl ding collection of interest, attorWil fete, costs and
GS'
L IATZ
Carol M. Wife
C21258 Pepe x ofz
OK 1894PG34.43
• 71069017515108313549
June 30, 2005
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515108313549
Melody Pottorff
1012 Mill Road
Mechanicsburg, PA 17050-0000
Re: Loan Number: 102071826
Property Address: 101.2 Mill Road, Mechanicsburg, PA 17050-0000
DACT91.5
Please see the enclosed Document
APPENDIX A
June 30, 2005
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help
to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania
Housing Finance Agency toll free at 1-800-342-2397(Persons with impaired hearing can call (717)
780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
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 CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Melody Pottorff
1012 Mill Road,
Mechanicsburg, PA 17050-0000
102071826
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
Ocwen Federal Bank FSB
DACT91.5
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983(THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at
the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST _ BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR
MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this
Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) 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 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
DACT91.5
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at: 1012 Mill Road, Mechanicsburg, PA 17050-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
2 payments in the amount of $ 559.85 from May 01, 2005 through June 30, 2005
DETAIL SUMMARY :
Principal and Interest ..................................... $ 1,119.70
Escrow ............................................................ $ 0.00
Total Late Charges ........................................ $ 55.98
Non-sufficient Funds Charges ....................... $ 0.00
Other Advances .............................................. $ 0.00
Interest Arrearage ......................................... $ 0.00
Non-Escrow Balance ...................................... $ 0.00
Subsidy Balance (CREDIT) ........................... $ 0.00
Suspense Balance (CREDIT) ........................ $ 0.00
Non-NSF Fees ............................................... $ 0.00
Interest Reserve Balance ............................. $ 0.00
TOTAL DUE ........................... $ 1,175.68
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS, $1,175.68 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Cashier's
Check, Certified Check or Money Order made payable and sent to:
OCWEN,
PO BOX.6440
Carol Stream, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
DACT91.5
IF THE MORTGAGE IS Fr 'ECLOSED UPON -- The mortgage =property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to ,(s 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 you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any
other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing
an other requirements under the mort a e. Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from
the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Performing Collections Dept.
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale would end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
DACT91.5
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO
PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU
DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(Fill in a list of all Counseling Agencies listed in Appendix C, for the county in which
the property is located, using additional pages if necessary)
If after speaking with our Collections Representative, you still have questions or concerns, please
feel free to contact the Ocwen Consumer Advocate by email at Ombudsman(aocwen.com or by
phone at 800-390-4656.
DACT91.5
71069017515108313556
June 30, 2005
Carmi Wire
56 North Broad Street
York, PA 17403
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515108313556
Re: Loan Number: 1 0207 1 826
Property Address: 1012 Mill Road, Mechanicsburg, PA 17050-0000
Please see the enclosed Document
DACT91.5
APPENDIX A
June 30, 2005
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortga a on your home is in default, and the lender intends to
foreclose Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help
to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania
Housing Finance Agency toll free at 1-800-342-2397(Persons with impaired hearing can call (717)
780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
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 CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Carmi Wire
1012 Mill Road,
Mechanicsburg, PA 17050-0000
102071826
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
Ocwen Federal Bank FSB
DAC r9L5
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983(THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR
MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this
Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) 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 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
DACT91..5
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at: 1012 Mill Road, Mechanicsburg, PA 17050-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
2 payments in the amount of $ 559.85 from May 01, 2005 through June 30, 2005
DETAIL SUMMARY :
Principal and Interest ..................................... $ 1,119.70
Escrow ............................................................ $ 0.00
Total Late Charges ........................................ $ 55.98
Non-sufficient Funds Charges ....................... $ 0.00
Other Advances .............................................. $ 0.00
Interest Arrearage ......................................... $ 0.00
Non-Escrow Balance ...................................... $ 0.00
Subsidy Balance (CREDIT) ........................... $ 0.00
Suspense Balance (CREDIT) ........................ $ 0.00
Non-NSF Fees ............................................... $ 0.00
Interest Reserve Balance ............................. $ 0.00
TOTAL DUE ........................... $ 1,175.68
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS, $1,175.68 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Cashier's
Check, Certified Check or Money Order made payable and sent to:
OCWEN,
PO BOX 6440
Carol Stream, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
DACT91.5
IF THE MORTGAGE IS FC 'ECLOSED UPON -- The mortgage- property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender 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 you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any
other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing
any other requirements under the mortgage. Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from
the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Performing Collections Dept.
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale would end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
DACT91.5
r _
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO
PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU
DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(Fill in a list of all Counselinm Agencies listed in Appendix C, for the county in which
the property is located, usinz additional pales if necessary)
If after speaking with our Collections Representative, you still have questions or concerns, please
feel free to contact the Ocwen Consumer Advocate by email at Ombudsman(a-,)ocwen.com or by
phone at 800-390-4656.
aACT91.5
VERIFICATION
Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this
action, that she is authorized to make this Verification as the Plaintiff is outside the
jurisdiction of the Court and Plaintiff's verification could not be obtained within the time
necessary to file this pleading, and that the statements made in the foregoing Complaint in
Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief.
The undersigned understands that this statement herein is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities.
SHAPIRO & KREISMAN
BY: >
Ilana Zion, Es ire
Attorney for Plaintiff
.,, 3 -0?
q Dated:
cr\
?
?n
J
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05074 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
HSBC BANK USA NA
VS
POTTORFF MELODY L ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
WIRE CARMI AKA CARMI M WIRE but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
So answer:
1012 MILL ROAD
NOT FOUND , as to
WIRE CARMI AKA CARMI M WIRE
MECHANICSBURG, PA 17050
DEFENDANT LIVES IN YORK.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
Thomas Kline
r/ f of Cumberland County
g,KAPIRO & KREISMAN
10/05/2005
Sworn and subscribed to before me
this 01 day of
A.D.
Pr onotar
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05074 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
HSBC BANK USA NA
VS
POTTORFF MELODY L ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
OCCUPANT but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
1012 MILL ROAD
NOT FOUND , as to
, OCCUPANT
MECHANICSBURG, PA 17050
THERE WERE NO OTHER OCCUPANTS.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
So ans
Thomas Kline
he f of Cumberland County
21.00 `- HAPIRO & KREISMAN
10/05/2005
Sworn and subscribed to before me
this C ? day of
UU? .D.
Pro onotary..
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05074 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HSBC BANK USA NA
VS
POTTORFF MELODY L ET AL
CPL TREVOR KENT
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
POTTORFF MELODY L
DEFENDANT
the
, at 2015:00 HOURS, on the 4th day of October , 2005
at 1012 MILL ROAD
MECHANICSBURG, PA 17050
MELODY POTTORFF
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.52
Affidavit .00
Surcharge 10.00
.00
39.52
Sworn and Subscribed to before
me this 1 day of
r o2--t-C A.D.
Prot ary
So Answers:
Af
R. Thomas Kline
10/05/2005
SHAPIRO & KREISMAN
By:
ALTI k,
Deputy Sheriff
V
i
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee ;
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 ;
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
PRAECIPE FOR REINSTATEMENT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above-captioned matter.
SHAPIRO & KREISMAN, LLC
BY:
gan squire
,-7 '` ' o
-,
_ _?,
r ;9T
? , ?;
_.? ;'->
?
_ 'rl
_. . ?
__
. .. „4
,
?--
_ _.
_
- (kry
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-5074
DEFENDANT(S)
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND ASSESSMENT OF DAMAGES
Enter Judgment IN REM in the amount of $83,554.12 in favor of the Plaintiff and against
the defendant(s), jointly and severally, for failure to file an answer to Plaintiffs Complaint in
Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as
follows and calculated as stated in the Complaint:
Principal of mortgage debt due and unpaid $75,549.98
Interest at 8.09% from April 1, 2005 to March 21,
2006
(355 days @ $16.75 per diem) $5046:35
Late charges (for certain months prior
to default and every month after at a rate of
$27.99 per month) $307.89
Title Search Report Fees $250.00
Attorneys Fees (As stated in Complaint) -- $1,500.00
TOTAL AMOUNT DUE $83,554.12
BY: mss'
? ? -- _ egan D.H. Smith, Esquire
Attorney for Plaintiff
AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s)
and damages are assessed as above in the sum of $83,554.12.
Pr rothy.
05-24646
SHAPIRO & KREISMAN, LLC
BY: KEVIN DISKIN, ESQ.,
JOSEPH REJENT, ESQ.,
AND ILANA ZION, ESQ.
ATTORNEY I.D. NOS. 86727, 59621 & 87137
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and
Carmi Wire a/k/a Carmi M. Wire
DEFENDANT(S)
STATE OF: Florida
COUNTY OF: Orange
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO:
AFFIDAVIT OF NON-MILITARY SERVICE
THE UNDERSIGNED being duly sworn, states that he/she is over the age of
eighteen years and competent to make this affidavit and the following averments are
based upon investigations made and records maintained either as Plaintiff or servicing
agent of the Plaintiff and that the above-captioned Defendants' last known address is as
set forth in the caption and they 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.
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
RenaissanceAigme Equity Loan Asset-Backed Certificates, Series 2005-1
By:
NAME: Ja
TITLE: U.
Facilitator
Sworn to and subscribed before me this day of 2005.
ot
4Public
05-24646
Heather A. Snltler
W COMM13bion DD229481
'wn°" Expires July 06. 2007
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A.. as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed ;
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff
and
Carmi Wire a/k/a Carmi M. Wire '
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Melody L. Pottorff
DATE OF NOTICE: March 8, 2006
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth against you. Unless you
act within ten (10) days from the date of this notice, a Judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 la fecha de esta
notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o 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 Gene abogado o si no
tiene dinero sutiiciente para tal servicio, vaya en persona o flame por telefono a la oficina cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
PERSONS TO WHOM RULE 237.1 NOTICE SENT TO:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
O.H. Smith, Esquire
Megan
S apiro & Kreisman, LLC
Attorney for Plaintiff
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA. N.A., as Indenture Trustee ;
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed ;
Certificates, Series 2005-1
PLAINTIFF
COI TRT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
VS.
Melody L. Pottorff
and
Carmi Wire a/k/a Carmi M. Wire
DEFENDANTS
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Carmi Wire %Wa Carmi M. Wire
DATE OF NOTICE: March 8, 2006
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth against you. Unless you
act within ten (10) days from the date of this notice, a Judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 la fecha de esta
notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o 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 o si no
tiene dinero suficiente para tal servicio, vaya en persona o Ilame por telefono a la oficina cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
PERSONS TO WHOM RULE 237.1 NOTICE SENT TO:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
r
.H. Smith, Esquire
Shapiro & Kreisman, LLC
Attorney for Plaintiff
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee ;
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff ;
and
Carmi Wire a/k/a Carmi M. Wire ;
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for
the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of
record, if any, after the default occurred and at least (10) days prior to the date of the filing of the
Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto,
March 8, 2006 to the following Defendants:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
Marquita Sad r, L al Assistant
to Megan D. H. Sm' h, Esquire for
Shapiro & Kreisman, LLC
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee ;
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed ;
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-5074
CERTIFICATE OF SERVICE
I, Megan D.H. Smith, Esquire, Attorney for the Plaintiff, hereby certify that I have served
by first class mail, postage prepaid, true and correct copies of the attached papers upon the
following person(s) or their attorney of record:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire alkfa Carmi M. Wire
56 North Broad Street
York, PA 17403
Date mailed:,
SHAPIRO & KREISMAN, LLC
BY:
e?an 9A. Smith, Esquire
At y for Plaintiff
05-24646
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee ;
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-5074
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintiff) is:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
and that the last known address(es) of the judgment debtor (Defendant(s)) is:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
SHAPIRO & KREISMAN, LLC
BY:?
Me n D . Smith, Esquire
for Plaintiff
05-24646
-. +C U
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Clerk
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG
Prothonotary
TO: Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-5074
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
CURTIS R. LONG
Prothonotary
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY MEGAN D.H. SMITH, ESQUIRE AT (610) 278-6800.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Clerk
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG
Prothonotary
TO: Melody L. Pottorff
56 North Broad Street
York, PA 17403
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF j
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-5074
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
CURTIS R. LONG
Prothonotary
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY MEGAN D.H. SMITH, ESQUIRE AT (610) 278-6800.
HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1
Plaintiff
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
No. 05-5074
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
To The Prothonotary:
Issue Writ of Execution in the above matter:
Amount Due $83,554.12
Interest from March 22, 2006 to September
6, 2006 $3,129.88
(Costs to be added)
Me an IXH. S With,-Esquire, Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED HOLDERS OF THE REGISTERED HOLDERS OF THE
RENAISSANCE HOME EQUITY LOANS ASSET-BACKED CERTIFICATES, SERIES 2005-1,
Plaintiff (s)
From MELODY L. POTTORFF AND CARMI WIRE A/K/A CARMI M. WIRE
(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 $83,554.12
Interest FROM 3/22/06 TO 9/6/06 - $3,129.88
Airy's Comm %
Arty Paid $227.37
Plaintiff Paid
Date: MARCH 29, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
Pro honotary
By:
Deputy
REQUESTING PARTY:
Name MEGAN D. H. SMITH, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 84047
? w
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee ;
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed ;
Certificates, Series 2005-1
PLAINTIFF
vs. ,
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
Name and address of Owner(s) or Reputed Owner(s)
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
2. Name and address of Defendant(s) in the judgment:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations, 13 North Hanover Street, Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
SHAPIRO & KREISMAN, LLC
BY: ??Ll '?el
gan H. Sm' , Esquire
05-24646
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SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
56 North Broad Street
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on September 6, 2006 at:
Cumberland County Sheriffs Office
I Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
I. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands
now or formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or
formerly of Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30
minutes East for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a
distance of 51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or
formerly of Grantor leased to Lloyd Eby for a distance of 25 feet to a stake; thence South 38
degrees 56 minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a
point on the center line of said public road; thence North 45 degrees 28 minutes West by said
center line for a distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
The above described premises are conveyed together with the right to use the land
between the above described premises and the Conodogulnet Creek for the purpose of a beach
for all times in common with all other person now entitled to the like liberty and to all other
persons to whom may hereafter be conveyed a like liberty.
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SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on September 6, 2006 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390 .
7. 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.
You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands
now or formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or
formerly of Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30
minutes East for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a
distance of 51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or
formerly of Grantor leased to Lloyd Eby for a distance of 25 feet to a stake; thence South 38
degrees 56 minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a
point on the center line of said public road; thence North 45 degrees 28 minutes West by said
center line for a distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
The above described premises are conveyed together with the right to use the land
between the above described premises and the Conodogulnet Creek for the purpose of a beach
for all times in common with all other person now entitled to the like liberty and to all other
persons to whom may hereafter be conveyed a like liberty.
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I R SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-05074 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HSBC BANK USA NA
VS
POTTORFF MELODY L ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
WIRE CARMI AKA CARMI M WIRE
but was unable to locate Her
deputized the sheriff of YORK
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
on February 22nd , 2006 , this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00 ?--
Surcharge 10.00 R Thomas Kline
Dep York County 24.78 Sheriff of Cumberland County
Postage 2.07
V J . U J
02/22/2006
SHAPIRO & KREISMAN
Sworn and subscribed to before me
this c S' ` day of
1`opTo A. D.
Pr no ary
to wit:
in his bailiwick. He therefore
` COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST.rYORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFFISI
HSBC RANK USA, B.A., ET AL
SERVICE CALL
(717) 771-%01
4. TYPE OF WRIT OR COMPLAINT C I M F
MELODY L. POTTORFF AND CARMI WIRE AMA CARHI M. WIRE MORTGAGE FORECLOSURE
5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
SERVE
CARMI WIRE A/K/A CARNI M WIRE
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO. TWP., STATE AND ZIP CODE)
AT S6 NnRTR RRnAD STRRET_ YORK. PA 17403
7. INDICATE SERVICE'. PERSONAL Jl PERSON IN CHARGE ADEPUTIZE U ER MAI U 1ST CUSS MAIL U POSTED '-I OTHER
NOW February 8 20Vt) I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute thi eke return t ccording
to law. This deputization being made at the request and risk of the plaintiff., ??t''?°??
SHERIFF OF VOWCOUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. curnber-Lancl
Please mail return of service to Cunberland County Sheriff. Thank you.
ADVANCE FEE PAID BY ATTY. OUT OF COUNTY CUMBERLAND
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, alter noutying person of levy w attachment, wdi liability on the pan of such deputy or the sheriff to any plaintiff
herein for arty loss, destruction, w removal of my property before shlnrts Male th eled
9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER U / WNJE,FJI Q
NRGAN D.H. SMITH, ESQUIRE L // l O
NAME AND ADDRESS
KING OF PRUSSIA, PA 19406 CUMBERLAND COUNTY
13. 1 acanoa780ge receipt of are writ
or complaint asirdicaledabove. MJ MCGILL YCSO 14.
2/ DATE RECEIVED
9/2006 15. ExptratioMHeanng Dale
3/9/2006
16. NOW SERVED: PERSONAL (sY RESIDENCE'S POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS SELOV
17. O 1 hereby certity and return as NOT FOUND because l am unable to locate the individual, company, etc. named above. (See remarks below.)
1e. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) l 19. Datb d Service 120. Time at Service
21. ATTEMPTS[ Date I Time I M026 I Int. I Date I Time l Miles I Int. I Dale l Time l Maes l Int. I Data l Time l Mika l ml.
$i
23. Advance Costs 24, Service Costs 25. WF 26. Mileage 27. Postage 28. Sub Total
29. Pound
31. Surchg.
32. TM. Cow,
33 Calls eluod Chec
00.00
19,--i
-
I
q??-W
sa
34. ForN9a eouMy Coon 35. Advance Costs 36. Service Costs j
37. Notary Cen. 0a. MikagNPostagelNot found 39. Total Costs 40. Costs Due or Refund
SO
RS
s
41. AFFIRMED and subscribed to me thi
H
ignalunof
45. T
42. a,it NIIOe+?7? .
Dep. Sheriff _ rF
ANU(ARY 46. Signature of York
S
l ` a `/
// 47. DATE
NOTARIALSEAL
L hel
County
ISA L. BOWMAN, NOTARY PUBLIC
CITY
Fn- 4 ' 11' rD H "e
er
i
6 6 _
OF YORK
YO
YOR 49
DATE
,
K COUNTY
MYCOMM 46. SignaWneol Foreign .
ISSION
EXPIRESq 1 11 lo- County Shenff
50. I ACKNOWLEDGE R RETU N SIGNATURE I oi. UA 1 t mstl.tmvtU
OF AUTHORIZED ISSUING AUTHORITY AND TI
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - SheriIts Office 4. BLUE - Shi ri fs Ogre
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 Horizon Drive., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
1. Name and address of Owner(s) or Reputed Owner(s)
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
2. Name and address of Defendant(s) in the judgment:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
.A
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Road
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations, 13 North Hanover Street, Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
r
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
KREISMAN, LLC
BY:
Esquire
05-24646
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SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 84047
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a Carmi
M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
I, Heather Doyle, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the
Plaintiff, HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, hereby certify that
Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United
States mail, first class, postage prepaid, with Certificates of Mailing on September 25, 2006, the
originals of which are attached and that each of said persons appears on Plaintiffs Affidavit
pursuant to Pa. R.C.P. 3129.1.
The undersigned understands that the statements herein are subject to the penalties
provided by 18 P.S. Section 4904.
Respectfully submitted,
SHAPIRO & KREISMAN, LLC
BY:
Heather Doyle
Legal Assistant
05-24646
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SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 84047
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a Carmi
M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
I, Heather Doyle, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the
Plaintiff, HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, hereby certify that
Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United
States mail, first class, postage prepaid, with Certificates of Mailing on October 10, 2006, the
originals of which are attached and that each of said persons appears on Plaintiffs Affidavit
pursuant to Pa. R.C.P. 3129.1.
The undersigned understands that the statements herein are subject to the penalties
provided by 18 P.S. Section 4904.
Respectfully submitted,
SHAPIRO & KREISMAN, LLC
?. I
BY:
Heather Doyle
Legal Assistant
05-24646
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HSBC Bank USA, N.A., as Indenture Trustee
Plaintiff
VS.
Melody L. Pottorff & Carmi Wire a/k/a Carmi M. Wire
IN THE COURT OF COMMON PLEAS CUMBERLAND
COUNTY, PENNSYLVANIA
DOCKET NO.: 05-5074
Defendant
Person to be served (Name & Address):
Melody L. Pottorff
1012 Mill Rd.,
Mechanicsburg, PA 17050
Attorney: File#:05-24646
Ilona zion, Esquire
Shapiro & Kreisman, LLC
3600 Horizon Dr., Suite 150
King of Prussia , PA 19406 Ph: 610-278.6800
AFFIDAVIT OF SERVICE
(For Use by Private Service)
Cost of Service pursuant to R. 4:4-3(c)
Papers Served:
Notice of Sheriff's Sale
Service Data:
Served uccessfully Not Served Date: 10-31-04 Time: Z r vr-I
Delivered a copy to hi Cher rsonally Name of Person Served and
relationship / title:
Left a copy at his/her dwelling place or usual
place of abode by delivering same to a
competent household member over
14 years of age residing therein
(Indicate name & relationship at right) Actual place of service:
Left a copy with a person authorized to 1012 Mill Rd.,
accept service, e.g., managing agent, Mechanicsburg, PA 17050
registered agent, etc.
(Indicate name & official title at right)
Descrip n of Person Accepting Service:
Sex: Age: L16-0 Height: S-fR 11 Weight: 1140 Skin Color: Hair Color: Amax-)h-
Unserved:
Defendant is unknown at the address furnished by the attorney
All reasonable inquiries suggest defendant moved to an undetermined address
No such street in municipality
No response on: Date Time Date Time
Date Time
Other:
Server Data:
?O
bscribed a rn me this
L- ay of 6
, ?:gL4L,-
ame o Notary commission expiration
State of New Jersey
PATRICIA E. HARRIS
Commission Expires June 18, 2008
Comments or Remarks
1, '? cty ilR o b eP T&r ,was at
the time of service a competent adult not having a direct
interest in the litigation. I declare under penalty of perjury
that the foregoing Is true and correct.
?G.•-pf - 1?64 Date
Default Express Services, Inc. - (Our File: 851)
13000 RT. 73, Suite 107, Four Greentree Centre,
Marlton, NJ 08053
856.985.3340
235 S3TH STREET
PHILA IA, Pa 19107
d PHONE: 15) 546.7400
FAX' (215) 985.0169
eer•leas [or Ptotaoa?h loc. r
HSBC Bank USA, N.A., et al
-VS-
Melody L. Pottorff and Carmi Wire, et al
19'""VMW r.-.
NerWW AS=Wdon of pNtx tlpfka Aeea rum
Profebefone/ Procees Servers 01 Pr014 *&W1 Process servers
COURT Court of Common Pleas of Pennsylvania
COUNTY Cumberland County
CASE NUMBER 05-5074
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA: B&R Control # 08025977 - 2
COUNTY OF PHILADELPHIA: Reference Number 05-24646
SERVICE INFORMATION
On 25 day of April, 200e we received the
Notice of Sheriff Sale
for service upon Carmi Wire aWa Carmi M. Wire
at 56 North Broad Street York, PA 17403
**" Special Instructions
Served Date c 2 u `o ie Time _?? SO 0ft+ Accepted By: C(?'rr? (N r r t?
In th manner described below.
Personally served.
Adult family member. Relationship Is
Adult in charge of residence who refused to give name and/or relationship.
_ Manager/Clerk of place of residence lodging
Agent or person in charge of office or usual place of business _
Other
Description of Person Age IS Height S` 5 " Weight 1'7r, Race W
Other _
Not Served Date Time
Not Served Information
Moved = Unknown - No Answer - Vacant = Other
The Process Server, being duly swam,
deposes and says that the facts set forth
herein are true and correct to the be
knowledge, info ion and
Process Server/Sheriff
Law Firm Pho (610)278 0 Fo
Shapiro & Kreisman
2520 Renaissance Blvd.
Suite 150
King of Prussia, PA 19406
S 'd OSLO'°N
Sex
Swom to and subacnbed before me this
,:;iV,MUNVwLA4_TH OF PENNSYLVANIA
NOTARIAL SEAL day of? p vc _
TERESA A. MINZOLA, Notary Public
?- ?hlacl` nlnrc TU r::-•c"Y t ..,.?Co??a,y, ,,?o„ ,::;, es Lecember 5, 2009 otary Public
Servet3y Date 5/1612006
Piled Date
Sale Date 91612006
ORIGINAL 115VC
6910-SH-S?l SKIAf3S ? 1 9 wd91:0l 9002 'SZ 'adV
C? Q
tom. rn -n
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HSBC Bank USA, N.A., as Indenture Trustee
For the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
VS
Melody L. Pottorff and Carmi Wire a/k/a Carmi M.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-5074 Civil Term
Wire
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Megan Smith.
Sheriffs Costs:
Docketing 30.00
Surcharge 30.00
Law Library .50
Prothonotary 1.00
Mileage 10.56
Advertising 15.00
Law Journal 359.00
Patriot News 359.00
Share of Bills 19.31
Poundage 17.48
Postpone Sale 20.00
Posting Handbill 15.00
Levy 15.00
$ 891.85
121E Y/O (, 4,
So Answers:
R. homas Kline, Sheriff
BY jo?,? M811
Real Estate S geant
st i
?2w.?f4ry°
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
Name and address of Owner(s) or Reputed Owner(s)
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
2. Name and address of Defendant(s) in the judgment:
Melody L. Pottorff
56 North Broad Street
York, PA 17403
Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
s
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
.4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations, 13 North Hanover Street, Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
SHAPIRO & KREISMAN, LLC
4?
BY: 'gan
.H. Smith; Esquire
05-24646
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S S)
TO: Carmi Wire a/k/a Carmi M. Wire
56 North Broad Street
York, PA 17403
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
x
ALE OF REAL PROPERTY
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on September 6, 2006 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
. 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:
I. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390 .
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10 You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands
now or formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or
formerly of Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30
minutes East for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a
distance of 51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or
formerly of Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38
degrees 56 minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a
point on the center line of said public road; thence North 45 degrees 28 minutes West by said
center line for a distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
The above described premises are conveyed together with the right to use the land
between the above described premises and the Conodogulnet Creek for the purpose of a beach
for all times in common with all other person now entitled to the like liberty and to all other
persons to whom may hereafter be conveyed a like liberty.
SHAPIRO & KREISMAN, LLC
BY: MEGAN D.H. SMITH, ESQUIRE
ATTORNEY I.D. NO: 84047
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
56 North Broad Street
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on September 6, 2006 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the courtjudgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands
now or formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or
formerly of Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30
minutes East for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a
distance of 51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or
formerly of Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38
degrees 56 minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a
point on the center line of said public road; thence North 45 degrees 28 minutes West by said
center line for a distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
The above described premises are conveyed together with the right to use the land
between the above described premises and the Conodogulnet Creek for the purpose of a beach
for all times in common with all other person now entitled to the like liberty and to all other
persons to whom may hereafter be conveyed a like liberty.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 05-5074 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED HOLDERS OF THE REGISTERED HOLDERS OF THE
RENAISSANCE HOME EQUITY LOANS ASSET-BACKED CERTIFICATES, SERIES 2005-1,
Plaintiff (s)
From MELODY L. POTTORFF AND CARMI WIRE A/K/A CARMI M. WIRE
(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 $83,554.12
Interest FROM 3/22/06 TO 9/6/06 - $3,129.88
Atty's Comm %
Atty Paid $227.37
Plaintiff Paid
Date: MARCH 29, 2006
L.L. $.50
Due Prothy $1.00
Other Costs
L"Z?h
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name MEGAN D. H. SMITH, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 84047
Real Estate Sale # 21
On May 16, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1012 Mill Rd.,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 16, 2006 By:
Real Est'a`te Sergeant
SS :Z d E i 8dd 9001
t _ is E..t
:?_...E_
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
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:
July 21, July 28, and August 4, 2006
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.
ie Coyne, editor
SWORN TO AND SUBSCRIBED before me this
4 -day of August, 2006 _
l_OiS E. S ?iYG4= R. Notary Ptre'?? '. a
? Carlia,o $nra,
h? r
REAL ESTATE SALE NO. 21
Writ No. 2005-5074 Civil
HSBC Bank USA, N.A., as
indenture Trustee for the
registered holders of the
Renaissance Home Equity Loan
Asset-Backed Certificates,
Series 2005-1
VS.
Melody L. Pottorff and
Carmi Wire a/k/a Carmi M. Wire
Atty.: Megan Smith
ALL THAT CERTAIN lot or tract
of land situate in Hampden Town-
ship, Cumberland County, Pennsyl-
vania, more particularly bounded
and described as follows, to wit:
BEGINNING at a point on the
center line of a public road at the
southeast corner of lands now or
formerly of Adam Snyder; thence
North 40 degrees 13 minutes East
by lands now or formerly of Adam
Snyder for a distance of 165.71 feet
to a stake; thence South 49 degrees
30 minutes East for a distance of
72 feet to a stake; thence North 89
degrees 14 minutes East for a dis-
tance of 51.38 feet to a stake;
thence South 38 degrees 35 min-
utes East by lands now or formerly
of Grantor leased to Lloyd Ehy for a
distance of 25 feet to a stake; thence
South 38 degrees 56 minutes West
by lands now or late of Herbert Abel
for a distance of 202.65 feet to a
point on the center line of said pub-
lic road; thence North 45 degrees
28 minutes West by said center line
for a distance of 140.28 feet to the
point and place of BEGINNING.
BEING Tract No. 9 and 10 on a
series of separate surveys made by
D.P. Raffensperger, Registered Sur-
veyor, and dated April 9, 1956, and
improved with a one story frame
dwelling with a basement garage.
The above described premises
are conveyed together with the right
to use the land between the above
described premises and the Cono-
doguinet Creek for the purpose of a
beach for all times in common with
all other person now entitled to the
like liberty and to all other persons
to whom may hereafter be conveyed
a like liberty.
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
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 Market
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 19th and 26th day(s) of July and the
2nd day(s) of August 2006. 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 ............... .X??r- f.. yhVA?NIA
COPY Sworn to and a s ed efore this 16th
' pubi'rc
S A L E #21 `terryi. '?OtaN
Of H?+?n; : _:,auphin Coil*
City ?mm?ssiu{} ?-xf:nrv- June6,2010
M ber, Pen, y1 nia Association 01 Notaries
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NOT Y PUBLIC Jl
b i m
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
REAL ESTATE SALE NO. 21
Wtff No. 2001641074 CM Term
"SW Bank USA, N.A., as
IndwAmeThisme for the
r wvwmwW hokbm of the Loan
AsseBat?ksd mss,
Sm Ime 2006-1
Ys
AlWm* L Pottorff and Carmie
Wk e M* C*w M. Wire
Atly:
ALL THAT CERTAIN lot or tract of land
situate in Hampdm Township, Cumberland
County, Ptmnsyhu* mote particulady bounded
and described as follows, to wit:
BEGINNING at a point on the center line of a
public road at the sprtbeast comer of W& .aw of
fa **Iy of A" 8ytrnt; ftece Modb N
dow 13 wipaw50 by heels ww orfAtmx*
of Adrm daydw fer a dirtaeoe of 165.71 ifrt to a
trunk Ow *lMrl w Vorient lirtfar
a tiitance of 72 feet to a stake; thence NOM 89
dyces 14 minutes Fast for a distance of 5138
feet to a stake; them south 38 degrees 35 names
East by lands now or forawdy of Grantor leased to
Lloyd Ehy for a distance of 25 feet to a stake;
thence South 38 degrees 56 minutes West by lands
now or late of Herbert Abel for a distance of
202.65 feet to a point on the center line of said
public road; thence North 45 degrees 28 minutes
West by said center lime for a distance of 140.28
feet to the point and place of Beginning.
BEING Tract No. 9 and 10 on a series of
separate surveys made by D.P. Raffemperger,
Registered Surveyor, and dated April 9,1956, and
unproved with a one story frame dwelling with a
basement garage. The alxrve described premises
are comeyed together with the right to use the
land between the above dyad premises and
the Conodoguinet Credo for the purpose of a
beach for all times in with all other
persons now died to the ltlee liberty and to all
other prsors to whom may hereafter be conveyed
a like liberty.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
() Confessed Judgment
() Other
File No. 05-5074
Amount Due $83,554.12
Interest March 30, 2006 to June 13, 2007 is
$8,167.32
Atty's Comm
Costs
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1,974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
the following described property of the defendant(s)
See attached Legal Description
PRAECIPE FOR ATTACHEMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or
(Indicate) Index this writ against the garnishee(s) as
defendant(s) described in the attached exhibit.
Date: Signature:
Print Nam,
Address: 3600 Horizon Drive, Ste. 150
King of Prussia, PA 19406
Attorney for: Plaintiff
Supreme Court ID # PA Bar # 93337
of the said garnishee(s).
the
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-
BACKED, Plaintiff (s)
From MELODY L. POTTORFF AND CARMI WIRE A/K/A CARMI M. WIRE
(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 $83,554.12
Interest 3/30/06 TO 6/13/07 IS $8,167.32
Atty's Comm %
Atty Paid $1122.72
Plaintiff Paid
Date: JANUARY 22, 2007
(Seal)
L.L.
Due Prothy $1.00
Other Costs
Curtis. Long, Prothon t
By:
Deputy
REQUESTING PARTY:
Name LAUREN R. TABAS, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
3600 HORIZON DRIVE, STE.150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 93337
Is
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
1.
Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
2.
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
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3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
BY
& KREISMAN,
R. Tabas,
05-24646
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SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on June 13, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
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ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
HSBC Bank USA, NA., as indenture Trustee
Plaintiff
vs.
Melody L. Pottortf & Carmi Wire aAda Carmi M. Wire
IN THE COURT OF COMMON PLEAS CUMBERLAND
COUNTY, PENNSYLVANIA
DOCKET NO.: 06.6074
Defendant
Person to be served (Name & Address):
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.,
York, PA 17403
Attorney: File4; 05-24848
Lauren R.'rabas, Esquire
Shapiro & Krelsman. LLC
3600 Horizon Dr„ Suite 150
King of Prussia, PA 18406 Ph; 610-278-6800
Papers Served:
Notice of Sheriffs Sale
Service Data:
Served Successfully Not Served
X Delivered a copy to him / her personally
AFFIDAVIT OF SERVICE
(For Use by Private Service)
Cost of Service pursuant to R. 4:4-3(c)
Date: Time: er PH
Name of Person Served and
relationship / title:
Left a copy at hislher dwelling place or usual
place of abode by delivering same to a
competent household member over
14 years of age residing therein
(indicate name & relationship at right) Actual place of service:
Left a copy with a person authorized to Be N. Broad 1St.,
accept service, e.g., managing agent. York, PA 17403
registered agent, etc.
(Indicate name & otfldai tide at dghQ
Description of Person Accepting Service:
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Sex: M I Age: r7O Height;S /0 Weight: LIO Skin Colork/111rr' Hair Color: U r
Unserved:
Defendant is unknown at the address furnished by the attorney
All reasonable inquiries suggest defendant moved to an undetermined address
No such street in municipality
No response on; Date Time Date . Time
Date Time
Other: Comments or Remarks
Server Data:
scribed 2nd S Worn to me IN
(day of d7
or Notary ! JAeommiaaion expiretlOn
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DONNA M. WIERMAN, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires July 28, 2009
I, u; ? r, -s4, n loo 4.was
at the time of service a competent adult not bav g a direct
Interest In the litigation. I declare under penalty of perjury
that t fo cing Is true and *96.t.
4?'Ae# Date 6a' ldr/7
auh Expraas Services I . - (Our File#:1070)
1 00 RT. 73, Sulto 107, r Greentna Contra,
Marlton, NJ 08053
858.985.3340
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SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff
and
Carmi Wire a/k/a Carmi M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the
Plaintiff, HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, hereby certify that
Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United
States mail, first class, postage prepaid, with Certificates of Mailing on March 20, 2007, the
originals of which are attached and that each of said persons appears on Plaintiffs Affidavit
pursuant to Pa. R.C.P. 3129.1.
The undersigned understands that the statements herein are subject to the penalties
provided by 18 P.S. Section 4904.
Respectfully submitted,
SHAPIRO & KREISMAN, LLC
BY:
Heather Whitman
Legal Assistant
05-24646
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SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-23486
HSBC Bank USA, N.A, as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
PLAINTIFF'S MOTION TO SET ASIDE
SHERIFF'S SALE OF REAL PROPERTY
Plaintiff/Petitioner, HSBC Bank USA, N.A, as Indenture Trustee for the registered
holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
("Plaintiff'), by and through its counsel, Shapiro & Kreisman, LLC, hereby moves this
Honorable Court to Set Aside the Sheriff's Sale of Real Property conducted on June 13, 2007,
and in support thereof avers as follows:
1. On September 28, 2005, Plaintiff filed its Complaint in Mortgage Foreclosure
against Melody L. Pottorff and Carmi Wire a/k/a Carmi M. Wire ("Defendants").
2. The Complaint sought in rem relief in Mortgage Foreclosure against a certain
parcel of real property owned by Defendants located at 1012 Mill Road, Mechanicsburg, PA
17050 (the "Mortgaged Premises").
3. Plaintiff scheduled a Sheriff's Sale on the Mortgaged Premises for June 13, 2007.
4. Just prior to the Sheriff's sale, Defendants entered into a repayment agreement
with Plaintiff to repay the outstanding arrears on the mortgaged premises.
5. Based on the agreement, the Sheriff s Sale was to be continued
6. Unfortunately, Counsel was not notified in time and the sale was held, instead of
postponed.
7. Plaintiff was the successful bidder at the sale.
8. No Sheriff's Deed for the Mortgaged Premises has been issued.
9. Plaintiff respectfully requests that the Sheriff's Sale held on June 13, 2007 be set
aside so Defendants can continue to reside in the property and attempt to repay their arrears.
10. The setting aside of the Sheriff's Sale of June 13, 2007 will in no way prejudice
Defendants.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
setting aside the Sheriffs Sale held on June 13, 2007.
Respectfully submitted,
O & KREISMAN, LLC
BY
Lauren R. Tabas, Esquire
Attorney for Plaintiff
S&K #05-23486
VERIFICATION
Lauren R. Tabas, Esquire, hereby states that she is the Attorney for the Plaintiff in this
action, that she is authorized to make this Verification, and that the statements made in the
foregoing Plaintiff's Motion to Set Aside Sheriff's Sale are true and correct to the best of her
knowledge, information and belief. The undersigned understands that this statement herein is
made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification of
authorities.
SIAAPIRO & KREISMAN,
Dated:
B
Lauren R. Tabas, Esquire
Attorney for Plaintiff
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-23486
HSBC Bank USA, N.A, as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO SET ASIDE
SHERIFF'S SALE OF REAL PROPERTY HELD ON MARCH 29, 2007
Plaintiff filed its Complaint in Mortgage Foreclosure against the Defendants in this action
on or about September 28, 2005. The Complaint sought in rem relief in Mortgage Foreclosure
against a certain Mortgaged Premises owned by Defendants at 1012 Mill Road, Mechanicsburg,
PA 17050 (the "Mortgaged Premises").
On June 13, 2007, Plaintiff was the successful bidder at the Cumberland County Sheriff's
Sale. Due to inadvertence or mistake, set forth in more detail in the attached motion, Plaintiff
should have stopped the pending Sheriff's Sale.
ARGUMENT
Pa. R.C.P. 3132 provides as follows:
Upon petition of any party in interest
before delivery ...of the sheriff's deed
to real property, the court may, upon proper
cause shown, set aside the sale and order
a resale or enter any order which may
be just and proper under the circumstances.
Pa R.C.P. 3132 is made applicable to Mortgage Foreclosure Actions by
Pa. R.C.P. 3181 (h).
Furthermore, Pa. R.C.P. 3183 (d) provides:
The court may on application of any party
in interest set aside the writ...
(3) upon any other legal or equitable ground.
The setting aside of the Sheriff's Sale of June 13, 2007 will in no way prejudice the
Defendant.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
Setting Aside the Sheriff's Sale of June 13, 2007 in the above-captioned matter.
Respectfully submitted,
BY
a ren R. Tabas, Esquire
Attorney for Plaintiff
Dated: d
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-23486
HSBC Bank USA, N.A, as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATE OF SERVICE
I, Lauren R. Tabas, Esquire of Shapiro & Kreisman, LLC, attorneys for Plaintiff hereby
certify that a true and correct copy of the foregoing Motion to Set Aside Sheriff s Sale was sent
on 11) 12; 1 01 by first class mail, postage prepaid, to the following:
Melody Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi W. Wire
56 N. Broad Street
York, PA 17403
STPIV.O & KREISMAN, LLC
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Lauren R. Tabas, Esquire
Attorney for Plaintiff
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SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-23486
HSBC Bank USA, N.A, as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AMENDMENT TO PLAINTIFF'S MOTION TO SET ASIDE
SHERIFF'S SALE OF REAL PROPERTY
Plaintiff/Petitioner, HSBC Bank USA, N.A, as Indenture Trustee for the registered
holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
("Plaintiff'), by and through its counsel, Shapiro & Kreisman, LLC, hereby moves this
Honorable Court to Set Aside the Sheriff's Sale of Real Property conducted on June 13, 2007,
and in support thereof, in conjunction with the full motion already filed with this honorable
court, avers as follows:
1. There has been no other motion ruled upon by any Judge with regards to this
matter or any other matter in the above captioned case.
2. Defendants do not have a counsel of record and are not represented by counsel.
3. Defendants, however, are not prejudiced at all by the filing or granting of this
motion.
4. Defendants entered into a repayment agreement with Plaintiff and consent to
setting aside the Sheriff's Sale so that they may continue to own and reside in their home.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
setting aside the Sheriffs Sale held on June 13, 2007.
Respectfully submitted,
BY:
Lauren R. Tabas, Esquire
Attorney for Plaintiff
S&K #05-23486
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-23486
HSBC Bank USA, N.A, as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
Vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATE OF SERVICE
I, Lauren R. Tabas, Esquire of Shapiro & Kreisman, LLC, attorneys for Plaintiff hereby
certify that a true and correct copy of the foregoing Amendment to Plaintiff's Motion to Set
Aside Sheriffs Sale was sent on oZ- v by first class mail, postage prepaid, to the
following:
Melody Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi W. Wire
56 N. Broad Street
York, PA 17403
& KREISMAN LLC
Lauren R. Tabas, Esquire
Attorney for Plaintiff
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JUN 872007
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-23486
HSBC Bank USA, N.A, as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
ORDER
AND NOW, this --1G-- day of Loo--,? , 2007, upon consideration of
Plaintiff, HSBC Bank USA, N.A, as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005's Motion to Set Aside
Sheriff's Sale of Real Property conducted on June 13, 2007, in the above-captioned matter, and
the response thereto, if any, it is hereby:
ORDERED and DECREED that Plaintiff's Motion is GRANTED and that the Sheriff's
Sale conducted on June 13, 2007 in the above-captioned matter, is hereby set aside without
prejudice; and it is
FURTHER ORDERED that a copy of this Order shall be served upon Defendant via
first-class mail, postage pre-paid
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HSBC Bank USA N.A. as Indenture In the Court of Common Pleas of
Trustee for the Registered Holders of the Cumberland County, Pennsylvania
Renaissance Home Equity Loan Asset-Backed Writ No. 2005-5074 Civil Term
Certificates, Series 2005-1
VS
Melody L. Pottorff and Carmi Wire a/k/a Carmi M. Wire
Dawn Kell, who being duly sworn according to law, states that on March 20, 2007 at 1933
hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant to wit: Melody L. Pottorff, by making known unto
Jeremy Hart, adult son of Melody L. Pottorff, at 1012 Mill Road, Mechanicsburg, Cumberland
County, Pennsylvania its contents and at the same time handing to him personally the said true and
correct copy of the same.
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on April
18, 2007 at 1000 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Melody L. Pottorff and Carmi Wire
a/k/a Carmi M. Wire, located at 1012 Mill Road, Mechanicsburg, Cumberland County,
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: Melody L.
Pottorff, by regular mail to her last known address of 1012 Mill Road, Mechanicsburg, PA 17050.
This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office.
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: Carmi Wire
a/k/a Carmi M. Wire, by regular mail to her last known address of 56 N. Broad Street, York, PA
17403. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Lauren Tabas. An order of court dated July
9, 2007 directs the Sheriff to set aside the Sheriffs Sale of June 13, 2007 on the above referenced
docket.
Sheriffs Costs:
Docketing 30.00
Poundage 17.21
Posting Bills 15.00
Advertising 15.00
Auctioneer 10.00
Prothonotary 1.00
Mileage 23.04
Levy 15.00
Surcharge 30.00
Law Journal 355.00
Patriot News 350.42
Share of Bills 16.83
$ 877.84 '1 I 161 b 1
So Answ s:
R. Thomas Kline, Sheriff
BY G
Real Estate S geant -
't /, u-0
UL59 3qj
1&^ jq"13 / 3
V
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
2. Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
t
a.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
& KREISMAN,
BY
R. Tabas, Esquire
05-24646
w.
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on June 13, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 be able to stop the sale through other legal proceedings.
awl
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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
?10
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire ;
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on June 13, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 be able to stop the sale through other legal proceedings.
i
v _.
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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
P _ _.
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-
BACKED, Plaintiff (s)
From MELODY L. POTTORFF AND CARMI WIRE A/K/A CARMI M. WIRE
(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 $83,554.12
L.L.
Interest 3/30/06 TO 6/13/07 IS $8,167.32
Atty's Comm %
Atty Paid $1122.72
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: JANUARY 22, 2007
(Seal)
CurtiseK- . Long, Protho
By:
Deputy
REQUESTING PARTY:
Name LAUREN R. TABAS, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
3600 HORIZON DRIVE, STE. 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 93337
Real Estate Sale # 33
On February 15, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1012 Mill Rd.,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: February 15, 2007 By:
Real Est a Sergeant
b O :b v' S Z NVF LOOZ
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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:
April 20, 27 & May 4, 2007
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.
a -4?-
isa arie Coyne, Edi r
SWORN TO AND SUBSCRIBED before me this
4day of May, 2007
SEAL
rlt,11otary Public
C. Gouf ly
,.. , ires March E, ^';JY)
RrAL ZOTAT$ SMX 1I'E1. 93
Writ No. 2005-5074 Civil
HSBC Bank USA, N,4-, as
Indenture Trustee for the
Registered Holders of the
Renaissance Home Equity
Loan Asset-Backed Certificates,
Series 2005-1
VS.
Melody L. Pottorff and Carmi Wire
a/k/a Carmi M. Wire
Atty.: Lauren Tabas
ALL THAT CERTAIN lot or tract
of land situate in Hampden Town-
ship, Cumberland County, Pennsyl-
vania, more particularly bounded
and described as follows, to wit:
BEGINNING at a point on the
center line of a public road at the
southeast corner of lands now or
formerly of Adam Snyder; thence
North 40 degrees 13 minutes East
by lands now or formerly of Adam
Snyder for a distance of 165.71 feet
to a stake; thence South 49 degrees
30 minutes East for a distance of
72 feet to a stake; thence North 89
degrees 14 minutes East for a dis-
tance of 51.38 feet to a stake;
thence South 38 degrees 35 min-
utes East by lands now or formerly
of Grantor leased to Lloyd Eby for a
distance of 25 feet to a stake; thence
South 38 degrees 56 minutes West
by lands now or late of Herbert Abel
for a distance of 202.65 feet to a
point on the center line of said pub-
lic road; thence North 45 degrees
28 minutes West by said center line
for a distance of 140.28 feet to the
point and place of BEGINNING.
BEING Tract No. 9 and 10 on a
series of separate surveys made by
D.P. Raffensperger, Registered Sur-
veyor, and dated April 9, 1956, and
improved with a one story frame
dwelling with a basement garage.
BEING the same premises which
Kurt Anthony Stelzer and Elizabeth
L. Stelzer, husband and wife, by
Deed dated January 7, 2005 and
recorded in the Cumberland County
Recorder of Deeds Office on Janu-
ary 18, 2005 in Deed Book 267,
page 876, granted and conveyed
unto Melody L. Pottorff and Carmi
M. Wire.
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 Market
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 18th and 25th day(s) of April and the
2nd day(s) of May 2007. 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
SALE#33
JL ......... 0.- A&Z - ?- .... _- -
Sworn to and subscribed before me this 18th day of May 2007 A.D.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Terry L. Russell, Notary Public
City Of Harrisburg, Dauphin County
Co fission Expires Jur,2 6, 2010
tuber nsvivania Association of Notaries
N ARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
? . ^?% '
jr
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance ;
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Tutee for the registered holders of the
Renaissance Home Equity Loan Asset-Backe Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
2. Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
w
le
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
1
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to
authorities.
BY
& KREISMAN, LLC
Tabas, Esquire
05-24646
-4
f.'3 +v
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?1J3 - f r r1
? r+. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: O Confessed Judgment
() Other
HSBC Bank USA, N.A., as Indenture Trustee File No. 05-5074
for the registered holders of the Renaissance Amount Due $83,554.12
Home Equity Loan Asset-Backed Interest March 30, 2006 to December 5,
Certificates, Series 2005-1 2007 is $11,408.32
PLAINTIFF Atty's Comm
Costs
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matterto the ;Sheriff bf Cumberland County, for debt, interest and costs, upon
the following described property of the defendant(s)
See attached Legal Description
PRAECIPE FOR ATT'ACHEMENT EXECUTION
issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named gamisheos) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s).
(Indicate) Index this writ against the gamishee(s) aJ:Lauren dens against r IBS of the
defendant(s) described in the attached exhibit.
Date: Signatu ? _'J
Print Na R. Tabas, Esquire
Address: 3600 Horizon Drive, Ste. 150
King of Prussia, PA 19406
Attorney for: Plaintiff
Supreme Court ID # PA Bar # 93337
7d)
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SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on December 5, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 be able to stop the sale through other legal proceedings.
r
M
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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance ; CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF ;
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on December 5, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the courtjudgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-
BACKED CERTIFICATES, SERIES 2005-1, Plaintiff (s)
From MELODY L. POTTORFF AND CARMI WIRE, A/K/A CARMI M. WIRE
(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 $83,554.12
Interest 3/30/06 TO 12/5/07 IS $11,408.32
Atty's Comm %
Atty Paid $1,155.72
Plaintiff Paid
L.L.
Due Prothy $2.00
Other Costs
Date: AUGUST 29, 2007
(Seal)
REQUESTING PARTY:
Name LAUREN R. TABAS, ESQUIRE
Address: 3600 HORIZON DRIVE, STE.150
KING OF PRUSSIA, PA 19406
ZCfirtd R 4Lon,rothonotary
,
P
Deputy
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 93337
KgEISMAN' ESLLC
QUIRE
SNAP LAUREN R TABAS,
BY: L Np ; PA Bar # 93337
ATTORNON DES SUITE 150
3600 HO 19406
ANC, OF PRUSS 0 278-6800 PLEAS
TELEPHONE O 05 24646 COURT OF COMMON
S gz K FILE N as Indenture Trustee ;
?, N.A., CUMBERLAND COUNT
SA,
HSBC Bank U
registered holders of the Renaissance ;
for the Loan Asset-Backed Certificates, NO. 05-5074
Home Equity
Series 2005-1 ;
PLAINT?F ;
VS. ;
;
d L. Pottorff and Carmi wire a/k/a Carmi
Melody L.
M. Wire
DEFENDANT(S)
N OF NOTICE TO LIENHOLDERS
CERTIFICATIO
URSUANT TO PA R.C.P 3129.2 C 2
P
LLC, attorneys for the
Assistant for Shapiro & Kreisman,
, Legal istered holders the
I, Heather Whitman, as Indenture Trustee for the re,
hereby certify that
Plaintiff, HSBC Bank USA, N. Series 2005-1, by United
Equity Loan Asset-Backed Certificates, ,I attached hereto, the
Renaissance Home ersons appearing on Exhibit A
le was served on all p ertificates of Mailing on November 9, A2007 ffidavit
Notice of Sa osta e prepaid, with C ears
States mail, first class, p g ersons app
originals on Plaintiff
f which are attached and that each of said p
o
1
pursuant to Pa. R•C.P. 3129. I.
ents herein are subject to the penalties
The undersigned understands that the statem
provided by 18 P.S. Section 4904.
Respectfully submitted,
SHAPIRO & KREISMAN, LLC
BY:
Heather Whitman
Legal Assistant
05-24646
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA
CIVIL DIVISION
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
SUGGESTION OF DEATH
TO PROTHONOTARY:
Kindly enter upon the record that, based upon Plaintiffs information, knowledge and
belief, Defendant, Cami Wire a/k/a Carmi M. Wire, is deceased, survived by Melody L. Pottorff.
1. A copy of the Social Security Death Index for Cami Wire, was provided to the
Plaintiff, a true and correct copy of which is attached hereto, made a part hereof and marked
Exhibit "A".
Respectfully,
SHOW & KREISMAN, LLC
Lauren R. Tabas, Esquire
Attorney for Plaintiff
Attorney I.D. PA Bar # 93337
3600 Horizon Drive, Suite 150
King of Prussia, PA 19406
(Tel) (610) 278-6800
Social Security Death Index - Ancestry.com Page 1 of 1
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Social S"Iti7ity Death Index
Name: Carmi M. Wire
SSN: 163-24-7988
Last Residence: 17403 York, York, Pennsylvania, United States of America
Born: 1 Aug 1932
Died: 6 Aug 2007
State (Year) SST Pennsylvania (Before 1951 )
issued.:
Source cItatic>n:Number: Visit Other Generations Network sites
Coriaorate Info AfCi';iale Prograrrl Contact_lJs
Ancestry.com
2007, The Generations Network, Inc. _. R NAC:Y STATEMF ^JT er?r.s . n C ::?ditiens
http://search.ancestry.com/egi-bin/sse.dll?indiv=l &ranl<=0&gsfn=&gsln=&sx=&f9=&f8... 11/26/2007
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SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff
and
Carmi `;dire a/k/a Canni M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
SUGGESTION OF BANKRUPTCY
TO THE PROTHONOTARY:
It is hereby suggested of record that Melody L. Pottorff and Carmi Wire a/k/a Carmi M.
Wire Defendant(s) in the above captioned case has filed a Chapter 13 bankruptcy under case
number 07-03861 on December 7, 2007, in the Middle District of Pennsylvania and the above
captioned Action in Mortgage Foreclosure is
stayed during the pendency of the
Bankruptcy.
Lauren R. Tabas, Esquire
Attorney for Plaintiff
?77
-rtz
HSBC Bank USA, NA, as Indenture Trustee for In the Court of Common Pleas of
The Registered Holders of the Renaissance Cumberland County, Pennsylvania
Home Equity Loan Asset Backed Certificates Writ No. 2005-5074 Civil Term
Series 2005-1
VS
Melody L. Pottorff and Carmie Wire a/k/a Carmi M. Wire
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on
October 08, 2007 at 1907 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Melody L.
Pottorff, by making known unto Jason Hart, adult son of Melody Pottorff, at 1012 Mill Road,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on
October 08, 2007 at 1907 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Melody L. Pottorff and Carmi
Wire a/k/a Carmi M. Wire located at 1012 Mill Road, Mechanicsburg, Cumberland County,
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: Melody L.
Pottorff by regular mail to her last known address of 1012 Mill Road, Mechanicsburg, PA 17050.
This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office.
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: Carmi Wire
a/k/a Carmi M. Wire by regular mail to his last known address of 56 North Broad Street, York, PA
17403. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Lauren Tabas.
Sheriff s Costs:
Docketing 30.00
Poundage 16.55
Advertising 15.00
Posting Handbills 15.00
Mileage 4.80
Levy 15.00
Surcharge 30.00
Postpone Sale 20.00
Law Library .50
Prothonotary 2.00
Law Journal 355.00
Patriot News 325.22
Share of Bills 1492
$ 843.99 ? 3/i?/off
So Answers:
R. Thomas Kline, Sheriff
BY JOL??
Real Estate ergeant
-5?
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e4'
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
1.
Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
2.
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
r
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to
authorities.
& KREISMAN, LLC
BY
R. Tabas, Esquire
05-24646
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on December 5, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
fi
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Carmi Wire a/k/a Carmi M. Wire
56 N. Broad St.
York, PA 17403
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on December 5, 2007 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast corner of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-
BACKED CERTIFICATES, SERIES 2005-1, Plaintiff (s)
From MELODY L. POTTORFF AND CARMI WIRE, A/K/A CARMI M. WIRE
(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 $83,554.12
Interest 3/30/06 TO 12/5/07 IS $11,408.32
Atty's Comm %
Atty Paid $1,155.72
Plaintiff Paid
Date: AUGUST 29, 2007
(Seal)
REQUESTING PARTY:
Name LAUREN R. TABAS, ESQUIRE
Address: 3600 HORIZON DRIVE, STE. 150
KING OF PRUSSIA, PA 19406
L.L.
Due Prothy $2.00
Other Costs
liepury
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 93337
Real Estate Sale # 63
On September 6, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1012 Mill Road,
Mechanicsburg, more fully described on Exhibit "A"
d
filed with this writ and by this reference
incorporated herein.
Date: September 6, 2007
sy:
?j
Real Estat Sergeant
The Patriot-News Co.
- 812 Market St.
Harrisburg, PA_ 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
atr iotwXtw s
Now you know
CARLISLE PA 17013
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
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 Market 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below:
10/24/07
10/31/07
11/07/07
Sworn to ar scri) ell before me this 30 day of November, 2007 A.D.
l? L
CNotary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
James L. Clark, Notary PL"c
Clty of Hartbburg. Dauphin Cow*
My Commlesim E)ires June 2, 2008
Member, Pennsylvania Assooistion of Notarles
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
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 26, November 2 and November 9, 2007
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.
r-
Coyne,
SWORN-TO AND SUBSCRIBED before me this
9 day of November, 2007
Notary
NOTARIAL. SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 2B, 2010
i.: k
RZAL ZSTATZ BALE NO. 63
Writ No. 2005-5074 Civil
HSBC Bank, USA, N.A., as
Indenture Trustee for the registered
holders of the Renaissance
Home Equity Loan Asset Backed
Certificates, Series 2005-1
vs.
Melody L. Pottorff and Carmi Wire
a/k/a Carmi M. Wire
Atty.: Lauren Tabas
DESCRIPTION
ALL THAT CERTAIN lot or tract of
land situate in Hampden Township,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
center line of a public road at the
southeast corner of lands now or
formerly of Adam Snyder; thence
North 40 degrees 13 minutes East
by lands now or formerly of Adam
Snyder for a distance of 165.71 feet
to a stake; thence South 49 degrees
30 minutes East for a distance of 72
feet to a stake; thence North 89 de-
grees 14 minutes East for a distance
of 51.38 feet to a stake; thence South
38 degrees 35 minutes East by lands
now or formerly of Grantor leased to
Lloyd Eby for a distance of 25 feet
to a stake; thence South 38 degrees
56 minutes West by lands now or
late of Herbert Abel for a distance
of 202.65 feet to a point on the cen-
ter line of said public road; thence
North 45 degrees 28 minutes West
by said center line for a distance of
140.28 feet to the point and place of
BEGINNING.
BEING Tract No. 9 and 10 on
a series of separate surveys made
by D.P. Raffensperger, Registered
Surveyor, and dated April 9, 1956,
and improved with a one story frame
dwelling with a basement garage.
BEING the same premises which
Kurt Anthony Stelzer and Elizabeth
L. Stelzer, husband and wife, by Deed
dated January 7, 2005 and recorded
in the Cumberland County Recorder
of Deeds Office on January 18, 2005
in Deed Book 267, page 876, granted
and conveyed unto Melody L. Pottorff
and Carmi M. Wire.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE TO REISSUE WRIT OF EXECUTION
() Confessed Judgment
Caption: () Other
HSBC Bank USA, N.A., as Indenture Trustee File No. 0505_ 5074
for the registered holders of the Renaissance Amount Due $83.554.12
Interest March 30 2006 to September 3,
Home Equity Loan Asset-Backed 2008 is March 30,.
Certificates, Series 2005-1 Atty's Comm
PLAINTIFF Costs
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
contract , or
safe,
ent
he undersigned hereby certifies that the below does not arise on the appropriate long nal proceed ng filed
T
pursuant to Act 6 of 1974 as amended.
account based on a confession amended; and for realtprdoes, it is operty pubased
pursuant to Act 7 of 19966 as
writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
Issue of the defendant(s)
the following described property
PRAECIPE FOR ATTACHEMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and d costs, as above, real
directing attachment against the above-named grhco(s) for t e following proper) s )
estate, supply six copies of the description; supply fou P
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as lis a dens against trreal E
defendant(s) described in the attached exhibit.
Date:
Signatu e:
Print N e.
Address:
Attorney for:
Supreme Cot
auren R Tabas quire-?
3600 Horizon Drive, Ste. 150
King of Prussia, PA 19406
Plaintiff
in ID # PA Bar # 93337
the
ZV
S7
n _ _ OJ
O Z Ui UI a U W 7 W !L' 4 4 r
" .?
0 o `D O 00 0 C7 'D
0 O pro !00 O O
OD
o
a ?
UNITED STATES
E DISTRICT OF PENNSYLVANIA
FOR THE MIDDLE
CHAPTER 13
IN RE:
Melody L. Pottorff
Debtor CASE NUMBER 1-07-bk-03861/MDF
HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the
Renaissance Home Equity Loan Asset- 11 U.S.C. § 362
Backed Certificates, Series 2005-1,
c/o Ocwen Movant
V.
Melody L. Pottorff
Charles J. DeHart III, Trustee,
Respondents
ORDER
Upon the failure of Debtor to file an answer, appear or otherwise respond to the Motion
hereby
and for good cause shown, it is
of the above Movant for Relief from the Automatic Stay, g rovi ded
ORDERED AND DECREED that the Automatic Stay of all proceedings, as p
section 362 of the Bankruptcy Abuse Prevention and Consumer Protection Ac proceedings 2005
under gs vant (The Code) 11, U.S.C. 362, is lifted to alnoo wlim?ted to Sher ff orl1Ma shal's Sale of 1012 Mill
in Mortgage Foreclosure, including, but a ed Premises"); and to take action, by suit o
Road, Mechanicsburg, PA 17050 (the Mortg g
otherwise as permitted by law, in its own name or the names of its assignee, to obtain possession
of the Mortgaged Premises.
Dated: March 18, 2008 By the t...owt,
tC
judge
?h.v?
This document is electronically signed and filed on the same date.
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
Internal Revenue Service
Federal Estate Tax
Chief Examination Division
Group 1820
P.O. Box 12040
Philadelphia, PA 19105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128-0946
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
& KREISMAN,_LLC
Lauren R. Tabas, Esquire
05-24646
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on September 3, 2008 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA N.A., as Indenture Trustee for the
registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED
CERTIFICATES, SERIES 2005-1, Plaintiff (s)
From MELODY L. POTTORFF and CARMI WIRE a/k/a CARMI M. WIRE
(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 $83,554.12 L.L.
Interest 3/30/06 to 9/03/08 is - $16,464.28
Atty's Comm % Due Prothy $2.00
Atty Paid $2,901.19 Other Costs
Plaintiff Paid
Date: 4/24/08
Prothonota
(Seal) By:
Deputy
REQUESTING PARTY:
Name: LAUREN R. TABAS, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 93337
-6
SHAPIRO & DENARDO, LLC
BY: CHRISTOPHER A. DENARDO, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 78447
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
PLAINTIFF
VS.
Melody L. Pottorff
and
Carmi Wire a/k/a Carmi M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
SUGGESTION OF BANKRUPTCY
TO THE PROTHONOTARY:
It is hereby suggested of record that the Defendants in the above captioned case have
filed Bankruptcy under Chapter 13, Docket No. 08-01720 (E.D.Pa) on May 12, 2008. The above
captioned Action in Mortgage Foreclosure is accordingly stayed during the pendency of the
Bankruptcy.
BY: /?7? ?-_
Christopher A. DeNardo, Esquire
Attorney for Plaintiff
05-24646
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE TO REISSUE WRIT OF EXECUTION
Caption: () Confessed Judgment
() Other
HSBC Bank USA, N.A., as Indenture Trustee File No. 05-5074
for the registered holders of the Renaissance Amount Due $83,554.12
Home Equity Loan Asset-Backed Interest March 30, 2006 to December 10,
Certificates, Series 2005-1 2008 is $18,279.24
PLAINTIFF Atty's Comm
Costs
VS. '
Melody L. Pottorff
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
the following described property of the defendant(s)
See attached Le-gal Description
PRAECIPE FOR ATTACHEMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the gamishee(s) as a lis pende against rea estate of the
defendant(s) described in the attached exhibit.
Date:_ Signature: 0 (A?
Print Name: Michael J. Cl Es uire
Address: 3600 Horizon Drive, Ste. 150
King of Prussia, PA 19406
Attorney for: Plaintiff
Supreme Court ID # PA Bar # 202929
W co
0000L4-Q am to p0 oO(A
• 8 c 0000 0 Doe to Ut O O Su F =Er
G1 ? rj - r r = - - 17 ? ? F
to G ? - ass -?
3
SHAPIRO & DENARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF
vs.
Melody L. Pottorff
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
2. Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
4.
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
Internal Revenue Service
Federal Estate Tax
Chief Examination Division
Group 1820, P.O. Box 12040
Philadelphia, PA 19105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
V
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to
authorities.
SHAPIRO & DENARDO, LLC
BY: 411 , r k
Michael J. Clark squire
05-24646
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SHAPIRO & DENARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
vs.
Melody L. Pottorff and Carmi Wire a/k/a ;
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on December 10, 2008 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 be able to stop the sale through other legal proceedings.
w
w
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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A.,, as Indenture Trustee for the
registered holders of the RENAISSANCE HOME EQUITY LOAN ASSE-BACKED
CERTIFICATES, SERIES 2005-1, Plaintiff (s)
From MELODY L. POTTORFF
(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 $83,554.12
L.L.
Interest 3/30/06 to 12/10/08 - $18,279.24
Atty's Comm %
Atty Paid $2,925.19
Plaintiff Paid
Date: 8/22/08
Due Prothy $2.00
Other Costs
rothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name: MICHAEL J. CLARK, ESQUIRE
Address: SHAPIRO & DENARDO, LLC
3600 HORIZON DRIVE, STE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 202929
HSBC Bank USA, N.A., as Indenture Trustee In the Court of Common Pleas of
For the registered holders of the Renaissance Cumberland County, Pennsylvania
Home Equity Loan Asset-Backed Certificates Writ No. 2005-5074 Civil Term
Series 2005-1
VS
Melody L. Pottorff
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May
17, 2008 at 0925 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Melody L.
Pottorf, by making known unto Jason Hart, adult son of Melody L. Pottorff, at 1012 Mill Road,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copies of the same.
Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on
July 10, 2008 at 1923 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Melody L. Pottorff located at 1012
Mill Road, Mechanicsburg, Cumberland County, 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: Melody L.
Pottorff, regular mail to her last known address of 1012 Mill Road, Mechanicsburg, PA 17050.
This letter was mailed under the date of July 2, 2008 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Lauren Tabas.
Sheriffs Costs:
Docketing
Poundage
Posting Handbills
Advertising
Prothonotary
Milage
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
So Answers:
R. Thomas Kline, Sheriff
B
Real stat ergeant
30.00
16.80
15.00
15.00
2.00
10.00
15.00
20.00
355.00
360.35
17.64
$ 856.79 ? 91140 C .,
CiL LSL0
CPz. ,' 4 v is
,,1
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646 `
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 20054 NO: 05-5074
PLAINTIFF
VS.
Melody L. Pottorff ;
DEFENDANT
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the`registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in;the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
1. Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA ,17050
2. Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, SPA 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
f
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
6. Name and address of every other person who has any record interest in the property and
whose interest maybe affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
Internal Revenue Service
Federal Estate Tax
Chief Examination Division
Group 1820
P.O. Box 12040
Philadelphia, PA 19105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128-0946
r '
r'
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 48 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
r
05-24646
aIC
R. Tabas, Esquire
w
ve
r
r
SHAPIRO & KREISMAN, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF ;
VS.
Melody L. Pottorff ;
DEFENDANT
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on September 3, 2008 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005`-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 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 of 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.
4. If the Sheriffs Sale is -not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. You maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. You maybe 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE -FAIR DEBT COLLECTION-PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
WRIT OF EXECUTION and/or ATTACHMENT
i
COMMONWEALTH OF PENNSYLVANIA) NO 05-5074 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA N.A., as Indenture Trustee for the
registered holders of the RENAISSANCE HOME EQUITY LOAN ASSET-BACKED
CERTIFICATES, SERIES 2005-1, Plaintiff (s)
From MELODY L. POTTORFF and CARMI WIRE a/k/a CARMI M. WIRE
(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 $83,554.12 L.L.
Interest 3/30/06 to 9/03/08 is - $16,464.28
Atty's Comm % Due Prothy $2.00
Atty Paid $2,901.19 Other Costs
Plaintiff Paid
Date: 4/24/08
Prothono
(Seal) By:
Deputy
REQUESTING PARTY:
Name: LAUREN R. TABAS, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 93337
Real Estate Sale #04
On April 30, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1012 Mill Road, Mechanicsburg
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: April 30,.2008 By:
j
Real Est a Sergeant
LS :Z d S Z add 8001
dd ';,IN
JAIUHS ]44
the Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
t4fPatriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the 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 Market 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below:
07/23/08
S 07/30/08
08/06/08
Sworn to and sobscnbed before me this 20"dqy of Alugust, 2008 A.D.
J
r- ?WLL
Notary Public
COMMONWEALTH OF
SNs NNSYLVANiA
S?
Notalai Ciy Of i D COY
Co b^ E?q? Nov. 26, 2011
member, ?nnsYh'enis Association of Notaries
Rawl Estate Sale, No. 4
Writ No. 3006-M741 CNN Term
HWC Hank USAH.A., as
indenture Trustee, for the
Registered Holders of thW
Renaissance Home Equity Loan
AsastAlacked Carty,
Serbs 2905-12
VS
Melody L PottorH
Attorney Lauren 1ab"
LEGAL DESGRWaTION
ALL THAT CERTAIN lot or tract of land situate
in HampdenTownship, Cumberland Canty,
Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNM at a point on the center line of a
public road at the southeast corer of lands now
or formerly of Adam Snyder, thence North 40
degrees 13 minutes East by lauds now or
formerly of Adam Snyder for a distance of
165.71 feet to a stake; tbence South 49 degrees
30 minutes East for a distance of 72 feet to a.
stake; thence North 89 degrees 14 minutes East
for a distance-of 51.38 feet to a stake; thence
South 38 degrees 35 minutes East by lands now
or formerly of Ormtor leased to Lloyd Eby for a
distance of 25 feet to a stake; thence South 38
degrees 56 minutes West by lands now or late of
Herbert Abel for a distance of 202.65 feet to a
point on the center line of said public road;
thence North 45 degrees 28 minutes West by
said comer line for a distance of 140.28 feet to
the point and place of Bl? NNM,
BEING Tract No. 9 and 10 on a series of
separate surveys made by A.P. UfrnsRerger,
*OOW Sarvywr, ii x956
aed's" will a awe aloe;iyt t
Wilt a bumate SOW.
BEIl'iG the same premises which Lunt Anthony
Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005and
recorded in the Cumberland County Recorder of
Deeds Office on January 18, 2005in Deed Book
267, page 876, granted and conveyed unto
Melody L. Pottorff and Catmi M. Wire.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
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:
July 18, July 25 and August 1, 2008
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.
a
Marie Coyne, ditor
3A-
SWORN TO AND SUBSCRIBED before me this
1 day of August, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL ESTATE SALE NO, 4
Writ No, 2005-5074 Civii
HSBC Bank USA N.A,, as Indenture
Trustee for the Registered Holders
of the Renaissance Home Equit%
Loan Asset-Backed Certificate:
Series 2005-12
vs,
Melody L. Pottorff
Atty.: Lauren '1'abas
ALL THAT CERTAIN lot or tract of
land situate in Hampden Township,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
center line of a public road at the
southeast corner of lands now or
formerly of Adam Snyder; thence
North 40 degrees 13 minutes East
by lands now or formerly of Adam
Snyder for a distance of 165.71 feet
to a stake; thence South 49 degrees
30 minutes East for a distance of 72
feet to a stake; thence North 89 de-
grees 14 minutes East for a distance
of 51.38 feet to a stake; thence South
38 degrees 35 minutes East by lands
now or formerly of Grantor leased to
Lloyd Ehy for a distance of 25 feet
to a stake; thence South 38 degrees
56 minutes West by lands now or
late of Herbert Abel for a distance
of 202.65 feet to a point on the cen-
ter line of said public road; thence
North 45 degrees 28 minutes West
by said center line for a distance of
140.28 feet to the point and place of
BEGINNING.
BEING Tract No. 9 and 10 on
a series of separate surveys made
by D.P. Raffensperger, Registered
Surveyor, and dated April 9, 1956,
and improved with a one story frame
dwelling with a basement garage.
BEING the same premises which
Kurt Anthony Stelzer and Elizabeth
L. Stelzer, husband and wife, by Deed
dated January 7, 2005 and recorded
in the Cumberland County Recorder
of Deeds Office on January 18, 2005
in Deed Book 267, page 876, granted
and conveyed unto Melody L. Pottorff
and Carmi M. Wire,
SHAPIRO & DeNARDO, LLC
BY: LAUREN R. TABAS, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 93337
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & D FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates,
Series 2005-1
VS.
PLAINTIFF
Melody L. Pottorff
and
Carmi Wire a/k/a Carmi M. Wire
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff,
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the Renaissance
Home Equity Loan Asset-Backed Certificates, Series 2005-1, hereby certify that Notice of Sale
was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first
class, postage prepaid, with Certificates of Mailing on October 24, 2008, the originals of which
are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P.
3129.1.
The undersigned understands that the statements herein are subject to the penalties
provided by 18 P.S. Section 4904.
Respectfully submitted,
SHAPIRO & DENARDO, LLC
BY: )J?lw I'a/
isa Kosik
Legal Assistant
05-24646
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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 Sheriff's Deed in which Renaissance Home Equity Loan Tr is the grantee the same having been sold
to said grantee on the I Oth day of December A.D., 202008, under and by virtue of a writ Execution
issued on the 22nd day of August, A.D., 202005, out of the Court of Common Pleas of said County as of
Civil Term, 2005 Number 5074, at the suit of Renaissance Home EquitYLoan Tr against Melody L
Pottorff is duly recorded as Instrument Number 200840571.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this a? day of
A.D.,2O0 W-
?F c r r of Deeds
County, Cwkb, PA
E*k" ttw Fiat Mondoy of Jm. 2010
HSBC Bank USA, N.A., as Indenture Trustee In The Court of Common Pleas of
for the registered holders of the Renaissance Cumberland County, Pennsylvania
Home Equity Loan Asset-Backed Certificates, Writ No. 2005-5074 Civil Term
Series 2005-1
VS
Melody L. Pottorff
Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states
that on October 3, 2008 at 1307 hours, she served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Melody L. Pottorff, by making known unto Melody L. Pottorff
personally, at 1012 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania its
contents and at the same time handing to her personally the said true and correct copy of
the same.
Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states
that on October 9, 2008 at 1211 hours, she posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Melody L. Pottorff, located at 1012 Mill Road, Mechanicsburg, Cumberland County,
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: Melody L. Pottorff, by regular mail to her last known address of 1012
Mill Road, Mechanicsburg, PA 17055. This letter was mailed under the date of October
07, 2008 and never returned to the Sheriffs 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 10, 2008 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Michael J. Clark, on behalf of HSBC Bank USA, N.A., as
Indenture Trustee for the Registered Holders of the Renaissance Home Equity Loan
Asset-Backed Certificates, Series 2005-1. It being the highest bid and best price received
for the same, HSBC Bank USA, N.A., as Indenture Trustee for the Registered Holders of
the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, of 12650
Ingenuity Drive, Orlando, FL 32826, being the buyer in this execution, paid to Sheriff R.
Thomas Kline the sum of $998.28.
Sheriff s Costs:
Docketing $30.00
Poundage 19.57
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00 a
C..1?
?,, ,r r k 89 g
Law Library .50
Prothonotary 2.00
Mileage 22.00
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 357.29
Share of Bills 14.92
Distribution of Proceeds 25.00
Sheriff s Deed 49.50
213a?oY
$ 998.28 ?
So Answers:
R. Thomas Kline, Sheriff
BY dr
Real Estate ergeant
,r
SHAPIRO & DENARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee
for the registered holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
PLAINTIFF ;
VS.
Melody L. Pottorff
DEFENDANT ;
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05-5074
AFFIDAVIT PURSUANT TO RULE 3129.1
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff in the above
action, sets forth, as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 1012 Mill Road, Mechanicsburg, PA 17050.
1. Name and address of Owners or Reputed Owners
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
2. Name and address of Defendants in the judgment:
Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
4. Name and address of the last recorded holder of every mortgage of record:
HSBC Bank USA, N.A., as Indenture Trustee for the registered holders of the
Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1, Plaintiff
1665 Palm Beach Lakes, Suite 105
West Palm Beach, FL 33401
5. Name and address of every other person who has any record lien on the property:
Hampden Township
230 S. Sporting Hill Rd.
Mechanicsburg, PA 17055
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:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1012 Mill Road
Mechanicsburg, PA 17050
Internal Revenue Service
Federal Estate Tax
Chief Examination Division
Group 1820, P.O. Box 12040
Philadelphia, PA 19105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to
authorities.
SHAPIRO & DENARDO, LLC
BY: IlLj r] k- -
Michael J. Clark squire
05-24646
.t
SHAPIRO & DENARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24646
HSBC Bank USA, N.A., as Indenture Trustee COURT OF COMMON PLEAS
for the registered holders of the Renaissance CUMBERLAND COUNTY
Home Equity Loan Asset-Backed
Certificates, Series 2005-1 NO: 05-5074
PLAINTIFF
VS.
Melody L. Pottorff and Carmi Wire a/k/a
Carmi M. Wire
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Melody L. Pottorff
1012 Mill Road
Mechanicsburg, PA 17050
Your house (real estate) at:
1012 Mill Road, Mechanicsburg, PA 17050
10-17-1033-026
is scheduled to be sold at Sheriffs Sale on December 10, 2008 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of $83,554.12 obtained by HSBC Bank USA, N.A.,
as Indenture Trustee for the registered holders of the Renaissance Home Equity Loan Asset-
Backed Certificates, Series 2005-1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to HSBC Bank USA, N.A., as Indenture
Trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed
Certificates, Series 2005-1 the amount of the judgment plus costs or the back payments,
late charges, costs, and reasonable attorneys fees due. To find out how much you must
pay, you may call: (610) 278-6800.
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 be able to stop the sale through other legal proceedings.
..0
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 of 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.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. 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.
6. 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 717-240-6390.
7. 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.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. 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 no later than
thirty (30) days from the date of the sale. This schedule will state who will be receiving
the 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 date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24646
ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the center line of a public road at the southeast comer of lands now or
formerly of Adam Snyder; thence North 40 degrees 13 minutes East by lands now or formerly of
Adam Snyder for a distance of 165.71 feet to a stake; thence South 49 degrees 30 minutes East
for a distance of 72 feet to a stake; thence North 89 degrees 14 minutes East for a distance of
51.38 feet to a stake; thence South 38 degrees 35 minutes East by lands now or formerly of
Grantor leased to Lloyd Ehy for a distance of 25 feet to a stake; thence South 38 degrees 56
minutes West by lands now or late of Herbert Abel for a distance of 202.65feet to a point on the
center line of said public road; thence North 45 degrees 28 minutes West by said center line for a
distance of 140.28 feet to the point and place of BEGINNING.
BEING Tract No. 9 and 10 on a series of separate surveys made by D.P. Raffensperger,
Registered Surveyor, and dated April 9, 1956, and improved with a one story frame dwelling
with a basement garage.
BEING the same premises which Kurt Anthony Stelzer and Elizabeth L. Stelzer, husband and
wife, by Deed dated January 7, 2005 and recorded in the Cumberland County Recorder of Deeds
Office on January 18, 2005 in Deed Book 267, page 876, granted and conveyed unto Melody L.
Pottorff and Carmi M. Wire.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5074 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, N.A.,, as Indenture Trustee for the
registered holders of the RENAISSANCE HOME EQUITY LOAN ASSE-BACKED
CERTIFICATES, SERIES 2005-1, Plaintiff (s)
From MELODY L. POTTORFF
(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 $83,554.12 L.L.
Interest 3/30/06 to 12/10/08 - $18,279.24
Atty's Comm % Due Prothy $2.00
Atty Paid $2,925.19 Other Costs
Plaintiff Paid
Date: 8/22/08
P othonota
(Seal)
By:
Deputy
REQUESTING PARTY:
Name: MICHAEL J. CLARK, ESQUIRE
Address: SHAPIRO & DENARDO, LLC
3600 HORIZON DRIVE, STE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 202929
Real Estate Sale #43
On August 27, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, CumberlaW County, PA
Known and numbered as 1012 Mill Road, Mechanicsburg
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: August 27, 2008 By: '
Real Estate Sergeant
A516-
&VARL.
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 31, November 7 and November 14, 2008
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.
Lisa arie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
14 day of November, 2008
Notary
NOTARIAL SEAL
DEBORAH A COWN:28.2 Notary Public
CARLISLE BORO, CUMBERLANNTY
My Commission Expires Apr 10
2 iMt`J1 ft 4"D X& 43
Writ No. 2005-5074 Civil
HSBC Bank USA N.A., as
Indenture Trustee for the registered
holders of the Renaissance
Home Equity Loan Asset-Backed
Certificates, Series 2005-1
VS.
Melody L. Pottorff
Atty.: Michael Clark
ALL THAT CERTAIN lot or tract of
land situate in Hampden Township,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
center line of a public road at the
southeast corner of lands now or
formerly of Adam Snyder; thence
North 40 degrees 13 minutes East
by lands now or formerly of Adam
Snyder for a distance of 165.71 feet
to a stake; thence South 49 degrees
30 minutes East for a distance of 72
feet to a stake; thence North 89 de-
grws minutes East for a distance
af51.36 t 1n a stalte; thenmm
36 des 35 axinutes FeAt by f ion&
now or fonacTV of Grantor kw*W to
IA"d I y for a distance of 25 ONK
to a stake; thence South 36 tlepw`ss'
56 minutes West by lands now or
late of Herbert Abel for a distance
of 202.65 feet to a point on the cen-
ter line of said public road; thence
North 45 degrees 28 minutes West
by said center line for a distance of
140.28 feet to the point and place of
BEGINNING.
BEING Tract No. 9 and 10 on
a series of separate surveys made
by D.P. Raffensperger, Registered
Surveyor, and dated April 9, 1956,
and improved with a one story frame
dwelling with a basement garage.
BEING the same premises which
Kurt Anthony Stelzer and Elizabeth
L. Stelzer, husband and wife, by Deed
dated January 7, 2005 and recorded
in the Cumberland County Recorder
of Deeds Office on January 18, 2005
in Deed Book 267, page 876, granted
and conveyed unto Melody L. Pottorff
and Carmi M. Wire.
• The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
the Paft1*otwXtws
Now you know
CARLISLE PA 17013
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
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 Market 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 on the date(s) indicated below. 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
I
This ad ran on the date(s) shown below:
.......... .......
orn to an s bed before me hi a f Ilovember, 2008 A.D.
Notarybfi
10/29/08
11/05108
11/12/08
C WEAL
TH WEALTH OF PElqMSyLAN1A
NoWW sew
Clly Notary Public
F Of H-Mb 19,
Member, PeC n +on Evkf ? 1
?*anla Association of Notaries
Thal EshM Sale No. 43
rR rim 209641173 ChrN Tirrm
HSBC !tank LISA N.A., as
Irlder1tw6wUmbs for to
mgmeisred.1midere of Uts'.
Renaissaeaos Nam Equity Loan
Aseet- 4"etCortiflcalsh,
Series 29054
VS
Melody L. Rottorll
Attorney 1lkiraet Clark
LEGAL DESCRIPTION
ALLTHAT CEffAiN lot or>w of land situate
in Hampden T-iship. Cambetland-County,
Pennsylvania, more particularly boomed and
describal as'fouows, tawit:
BEGINNING at a point an the center tine of a
publicioad at the southeast carrier of lands ww
or formerly of Adam Sgdm thence North 40
degrees 13 minutes East by lands'now or
fornurly of Adam Snyder for a distance of
165.71 feat to a stake; tbethce South 49 degrees
30 minutes East for a duce of72 feet to a
stake; thence North 89-degrees 14 minutes East
for a distace of 51.38 fed to a stale; thence
South 38 degrees 35 minutes Eastby lands now
or formerly of Grantor,leased to Lloyd Eby for a
distance of 25 feet to a,stake; thence South'39
degrees 56 minutes West by Lords now or late of
Herbert Abel for a distam of 202.65feet to a
point on the center lime of said public road;
thence North 45 degrees 28 minutes West by
said seater tine for a distance of 14028 feet to
the pant and place of BEGINNING; -
BEM Tract No. 9 and 10 ba a series of
separate surveys- made by DY.. Raffemperger,
Registered Surveyor, anddated April 9, 1956,
and improved with a one story frame dwelling
with a basement garage.
BEING the sama,pre am which Kurt Anthony
Stelzer aod'Stizabeth L. Stelzer, husband and
wife, by Deed ,dated 7ahuary- 7, 2005 and
recorded in the Cumberland Camty Recorder of
Deeds Office on Iannary 18, 2005 in Deed Book
267, page 876, granted and conveyed unto
Melody L. Pptlorff and Cartni M. Wue.