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Home My WebLink About06-4693 UDRBN LAW OFFICBS, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCDST CORPOUTB C~R 111 WOODCDST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings8udren.eom HSBC Bank USA, National COURT OF COMMON PLEAS Association as Trustee for Nomura CIVIL DIVISION Home Equity Loan, Inc. Asset- Backed Certificates, Series 2005- Cumberland County HE1 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v. Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 Defendant(s) NO. Ot. - 4/,93 Cl()~lLy~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAItB THIS PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICB SBT FORTH BBLOW. THIS OFFICB CAN PROVIDB YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HID A LAWYER, THIS OFFICB MAY BB ABLB TO PROVIDB YOU WITH INFORMATION ABOUT AGENCIBS THAT MAY OFFBR LEGAL SBRVICBS TO ELIGIBLB PBRSONS AT A REDUCED FBB OR NO FBB. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill. NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: H&R Block Mortgage Corporation Assignments of Record to: Option One Mortgage Corporation Recording Date: 12/13/05 Book: 723 Page: 1427 Assignor: Option One Mortgage Corporation Assignee: HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 385 North MUNICIPALITY/TOWNSHIP/BOROUGH: COUNTY: Cumberland DATE EXECUTED: 05/19/05 DATE RECORDED: 06/10/05 BOOK: 19th Street Borough of Camp Hill 1910 PAGE: 1923 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 7/31/06: Principal of debt due Unpaid Interest at 7.15% * from 4/1/06 to 7/31/06 (the per diem interest accruing on this debt is $30.08 and that sum should be added each day after 7/31/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of $62.75 should be added in accordance with the terms of the note each month after 7/31/06) Suspense Balance Attorneys Fees (anticipated to 5% of principal) $153,579.85 3,660.32 325.00 280.00 313.75 (225.14) and actual TOTAL 7.678.99 $165,612.77 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $165,612.77 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark UDREN Attor Attor dren, ESQUIRE LA OFFICES, P.C. Y for Plaintiff ey I.D. No. 04302 ,:.... , ., "'.; EXHIBIT "A" 10-0062992. ALL THAT CBRTJUN TRACT OR PARCEL OP LAND SJ:Tt1A'l'E Df TIIII BOROUGB OP CAMP BJ:LL, (POIlMBllLY BAST PIlHIlSBORO TOWNSBJ:PI CllIIIlIIllllLAHD COtnl'l'Y, PIDmSYLVANJ:A, BOtlJlIlBD ANMD DIlSCRIBBD AS POLLOWS: PRONT:mG ON NIIIBTBIIRTII STRBB'l', A DISTANCE OP HJ:!IIITY (90) PDT; TIIII NORTBBllH BOllRDARY BIlING HJ:1III'l'Y-BIGBT AND SIX'l'Y-IlJ:BT CHI! IltIlIDKBD'l'HS (98.68) PBIIT, RAVJ:NG A DISTANCB AT '1'IIB REAR OP HDIBT1r AND NO OHl! IltIlIDRBDTBS (90.001 Pl!lIn'; TBIl SOU'1'HBllll BOt;lNDARY BBIIIG NIIIII'l'Y BIGIIT AND HDIBT1r BIGIlT OHB IltIlIDRBDTBS (98.98) PBRT. tlJIIlBR AND StJBJBCT TO A 20 Pl!lIn' WJ:D1l SAHJ:TARY SBWBR BASIlIIBHT ALOIlG TIIII NORTBBllH PROPIlRTY LIHI! OP SUBJBCT PlUIIIIISIlS. BB:mG TIIII SAMB PROPBRTY COHVIIYBD TO lUI'1'I!OHY A. IlODIUGUBZ BY DIlBD PROM ADAM W. 'l'BOXAS RBCOIlDBD 07/07/200. IN DIlBD BOOK 264 PACB 13~,.Df TIIII OPPJ:CE OP TIIII RBCOIlDBR OP DIlBDS OP CllIIIlIIllIlLAHD COtnl'l'Y, PBlIlISYLVANIA. J4oPtL{ f I i~ . T Certify this to be recorded Tn Cumberland County P A Recorder of Deed~ BK I 9 , 0 PG I 93 6 LOAN NO DATE LETTER VER REQ DESCRIPTION 08/01106 0016761181 06/06/06 OPOlO 021 R31 Part 1 PA NOI 647/oo1676118110POlOIl/9/0000000000000 June 06, 2006 Anthony A Rodriguez 385 N 19th St Camp Hill, PA 17011-3934 DATE PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OPOlO 021 R31 Part 1 PA NOI Homeowners Name: Anthony A Rodriguez Property Address: 385 N 19th St, Camp Hill PA 17011 Loan Account No.: 0016761181 Original Lender: OPTION ONE MORTGAGE CORPORATION Current LenderlServicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS ,... - 1_' . EXHIBIT A . IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/06 OP01O 021 R31 Pan 1 PANOI MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OPO 10 (Page 1 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/06 OP01O 021 R31 Pan 1 PA NOI 647/001676118110P010/2/9/0000000000000 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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OPOlO 021 R31 Part 1 PANOI 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 agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. 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, PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OPOlO 021 R31 Part 1 PA NOI or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org.Itis 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 PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/06 OPOI0 021 R31 Part 1 PA NO! within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OPOlO 021 R31 PF: 2 SC B DATE 08/01106 0016761181 LOAN NO DATE LETTER VER REQ DESCRIPTION 06/06/06 OPOII 016 R31 Part 1 PA NO! 647/00 1676118110PO 11/3/9/0000??oo00000 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 PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/06 OPOll 016 R31 Part I PA NO! 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. (Page 3 of 9) OPOII 016 R31 PF: 2 SC B DATE 08/01106 0016761181 LOAN NO DATE LETTER VER REQ DESCRIPTION 06/06/06 OP012 022 R31 Part 2 P A NO! 647/001676118110POI2/4/9/0000000000000 Re: Loan No. 0016761181 ********************************************************************** 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 PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/06 OP012 022 R31 Part 2 PA Nor 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: 385 N 19th St, Camp Hill PA 17011 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 1,045.87 MONTHS @ $.00 $ 3137.61 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/060P012 022 R31 Part2PANOI (b) Previous late charges; $ 251.00 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 3388.61 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08101/06 0016761181 06/06/06 OP012 022 R31 Part 2 PA NOI OP012 (Page 4 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/060P012 022 R31 Part2PANOI 647/oo16761181/0P012/5/9/00000000000oo 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 $3388.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OP012 022 R31 Part 2 PA NO! Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E B1dg 200 Ste 102 Jacksonville, FL 32246 Mai1stop: 11 CASH Pay to: Option One Mortgage Corporation Code City: OptionJax, F1 You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable. ) (Page 5 of 9) OP012022R31 PF: 2 SC B DATE 08/01/06 0016761181 LOAN NO DATE LETTER VER REQ DESCRIPTION 06/06/06 OPOl3 019 R31 Part 3 PA NO! 647/0016761 181/0P0l3/6/9/0000000000000 Re: Loan No. 0016761181 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 PF: 1 SCF LOANNO DATE LEITER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OPOl3 019 R31 Part 3 PA NO! 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. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings 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 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OP013 019 R31 Part 3 PA NOI 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 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OP013 019 R31 Part 3 PA NO! 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. OP013 (Page 60f9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OP013 019 R31 Part 3 PA NO! 647/00 16761181/0PO 13n /9/??oo0000??oo0 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 POSSffiLE 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 (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: 1 SC F 2 SC B LOAN NO DATE LEITER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OP013 019 R31 Part 3 PA NO! will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP013 019 R31 PF: 2 SC B DATE 08/01106 0016761181 LOAN NO DATE LETIER VER REQ DESCRIPTION 06/06/060POI4 031 R31 Part4PANOI 647/0016761181/0POI4/8/9/00000oooo0000 Re: Loan No. 0016761181 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: 1 SCF LOANNO DATE LETIER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/060POI4 031 R31 Part4PANOI Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-1500 ext.61730 Fax Number: 1-866-497-1263 Contact Persons: Daryl Johnson, Sara Haliko and Robinn Abel Office hours: Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday and Saturday 8:00 a.m. to 5:00 p.m. Email Address:PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 mayor 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 PF: 1 SC F 2 SC B LOAN NO DATE LETIER VER REQ DESCRIPTION DATE 08/01106 0016761181 06/06/06 OP014 031 R31 Part 4 PA NOI attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * 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 CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT 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. PF: 1 SC F 2 SC B LOAN NO DATE 08/01/06 DATE LETIER VER REQ DESCRIPTION 0016761181 06/06/060P014 031 R31 Part4PANOI OP014 (Page 8of9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 08/01/06 0016761181 06/06/06 OP014 031 R31 Part 4 PA NOI 647/0016761181/0P014/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS . V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ren, ESQUIRE OFFICES, P.C. () ~\- f'" ~ - b - ~ - " \'" ....Q .(() U1 vt CI\ ~ r- ~ --r:- - 0. g .~. G:;\ c: ~ :::! '0 -f}~~ ~ i1~~ S~!,1Jl ~ :gQ ;C-.,:,-.,-. <Jl {~<':> v <. =r: =l4 GOU -<J (:)0 ._~" -, -;: ~rn ;2i~ !l:~ :..- ~ >c r:-? J;; ~'J U\ ~ -< <Jl ... " UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY 1.0. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 200S-HEl Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4693-Civil-Term v. Anthony A. Rodriguez Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. UDREN LAW OFFICES, P.C. DATED: September 22, 2006 BY: ark J. Udren, Esquire ttorney for Plaintiff .. ... V E R I F I CAT ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiffr and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: AlAj 3D J .;}-Dd..o Title: A.~s..\c- ~~(:rt' tad Company: Option One as servicer on behalf of HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 200S-HEl Anthony A. Rodriguez Loan #0016761181 MJU #06070622 8 -oS: men ~9 C0 ~;~, -..:..'" . r-> i' ;S:'- ~I-- ~(--~ 'c-::' Z: .-.... -< ~ C::> ~ Co? r"l'1 " N c.n :bo :r ~ N Q) fi? ~;;IJ -~g r'i!""r o -.,. C5 ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-04693 P COMMONWEl'~LTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS RODRIGUEZ ANTHONY A TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, thE~ wi thin COMPLAINT - MORT FORE was served upon RODRIGUEZ ANTHONY A the DEFENDANT , at 1828:00 HOURS, on the 17th day of August , 2006 at 385 NORTH 19TH STREET CAMP HILL, PA 17011 by handing to PATTY TODRIGUEZ, WIFE 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 Service Affidavit Surchars;re 18.00 13.20 .00 10.00 .00 41.20/ 'fJ2 -z lac. So Answers: .~~eM~#~ R. Thomas Kline ~ 08/18/2006 MARK UDREN Sworn and Subscibed to By: cT~ J67 De ty She:p-ff before me this day of A.D. .... UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19i1i Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Anthony A. Rodriguez for failure to file an Answer to Plaintiff I s Complaint wi thin 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 8/1/06 to 9/22/06 Late charges per Complaint From 8/1/06 to 9/22/06 $165,612.77 1,594.24 125.50 TOTAL $167,332.51 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of w 'ch is attached he eto. DAMAGES ARE HEREBY ASSESSED AS DATE: ~~r' ~S"l :JDDb INDICATE~~~ PRO PRPTHY .. -. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005- HE1 ATTORNEY FOR PLAINTIFF ~ COURT OF COMMON PLEAS : CIVIL DIVISION Cumberland County Plaintiff v. Anthony A. Rodriguez Defendant(s) ~ NO. 06-4693 civil Term TO: Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 DATE of Notice: September 11, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT.BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH- INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFlCACION 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 DEB IDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFlCACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRAC ICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT C R AND THIS IS ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OB ILL BE USED FOR THAT PURPOSE. r crest Corporate Center oodcrest Road, Suite 200 ill, New Jersey 08003-3620 -' .,. . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certlficates, Series 2005-HEl 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v. Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-4693 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Minnesota COUNTY OF Dakota SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investlgations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Anthony A. Rodriguez Over 18 As captioned above Unknown Sworn to and subscribed before me this ~o day ~20. . 0 ry u SHANNON JAMES NOTARY PUBLIC. MINNESOTA MY COMMISSION EXPIRES JAN. 31,2011 ~me: , C>~ Ec:!.l Tl tIe: Ass+ Sec~{'t: Company: Option On as servicer on beb.alf of HSBC Bank USA, National Association as Trustee for Nomura Home Eguity Loan, Inc. Asset-Backed Certiflcates,Series 2005-HEl SHERIFF'S RETURN - REGULAR D(POf)Orr,22 ,'" -CASE NO: 2006-04693 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS RODRIGUEZ ANTHONY A TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RODRIGUEZ ANTHONY A the DEFENDANT , at 1828:00 HOURS, on the 17th day of August 2006 at 385 NORTH 19TH STREET CAMP HILL, PA 17011 by handing to PATTY TODRIGUEZ, WIFE 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 Service Affidavit Surcharge 18.00 13.20 .00 10.00 .00 41.20 So Answers: r-~~ R. Thomas Kline 08/18/2006 MARK UDREN Sworn and Subscibed to By: cr~! ?$:- De. ty She ff before me this day of A.D. G R .(,Q. ;c) :-.0 Cf- it- ~ B ~ ~ ~ ,....,. ~ ~ c::o c::;:J ~ <:T' ~ en :2-n w ('"'" ~ t:> --0 rnF ~ -\1 ill 1- f') ~:b9 tlJ c..n i::> (1., ~:;J -f< ~ ::t:'" .'c~(; ~' :z: CO ;)111 ':::.\ N ?D \..D -< UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19i1i Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Interest From 9/23/06 to Date of Sale 3/7/07 Ongoing Per Diem of $30.08 to actual date of sal~ including if sale is held at a later date $167.332.51 4.993.28 Amount due (Costs to be added) $ UDREN LAW OFFICES, P'~ tl0~~!RE ATTORNEY FOR PLAINTIFF ;z) ~ r S2 ~ t 'J ~ (- ~ ~\ ~~ ~ ~ ~-&Q. . -- . ~ & () f-~ ~ ....... ,." w . J.j o \ ~ ~..z::....... ~...Qtf\:'~ . · ~ ~ 0 ~gcoc '\l~-FU ::: 0 := ~ t- t:> :.. ":, ::... ~ o ~ ~ = S; cr- -I :",:, (I') ::r: ....n iT1 rl1 p "'"'0 -(Jm N :.;::;9 (Jl~.J Q :~-C ~i :P' r,f. r) (- ....;;.. '.-rn i 9 c~ cp. ':';> 3 N ~ ..-< l..O WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4693 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA HOME EQUITY LOAN, INC. ASSEST-BACKED CERTIFICATES, SERIES 2005-HE1, Plaintiff (s) From ANTHONY A. RODRIGUEZ (I) You are directed to levy upon the property of the defendant (s )and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $167,332.51 L.L. $.50 Interest FROM 9/23/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $30.08 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $4,993.28 Atty's Comm % Due Prothy $1.00 Atty Paid $123.20 Plaintiff Paid Date: SEPTEMBER 25, 2006 Other Costs Curtis. (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.c. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19i1i Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant x Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificatioG to authorities. . Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ~ = f.::? cr' (/') fT. -V N Ul ~ ~-n rnp fl1 :(20 (5 ~l) :l~ ~J ....-) ~--.:: ,.., () :;:;:....n r )' '~ ?:O :< :P" ~ q:: N \..0 /" 4 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19~ Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 385 North 19th Street, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Anthony A. Rodriguez 385 North 19~ Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Debra Eckstine-Ralph 2314 Bumblebee Hollow Mechanicsburg, PA 17055 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 ~ f 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 385 North 19~ Street Camp Hill, PA 17011 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 ma e subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. LAW OFFICES, P. DATED: September 22, 2006 p ~~;; ~"'::;'. "T} 0.. rTl.f"! . ~/' .- ~~: Z~. i~~~.. ~;.t) ).c- c: :; :( ,....;) = = CJ'" (/) n -0 "', (J\ ~ ~:D ~t;. ::1)9 ~~C) :1:: :;- i '::::>0 -P'''' tn (5 --4 ~ :P'>' :Jt Cf? w o UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19i1i Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 Your house (real estate) at 385 North 19th Street, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,332.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) A I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 -<" r-.) = = CI'" (/) rr; -0 N (J1 o -n :t!, :n nr= m ::90 '::];J _1._ C{U .....-r, :r ,1 '4('') ::sm --'-'-l 20 =-< 1:> :.-. .......;;.>.. Cf! w o UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, National Association as Trustee for Nomura Horne Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Terrn AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to relating to unsworn falsification .C.S. Section 4904 Dated: February 28, 2007 BY: Esquire laintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4693-Civil-Term v. Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER (S): ANTHONY A. RODRIGUEZ PROPERTY: 385 North 19th Street, Camp Hill, PA 17011 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00 am, at the COMMISSIONERS HEARING ROOM, 2~ FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. +-,-c.'" EXHIBIT A ... $ u.. ~ alii . a::i (j) a:: ~$ (l)U- !e . 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E.)(H\6\\ ~ c t. .. .5 g, i i..__: \) g' \ ::~:.... .. ,1/ .:/' . ::.-;> 3C.O'~.~1 ; -'. ..;: .",.. u:: .... o Ql E ! :t W . .~ I~- 0-- '08 l~~J'.' ~ ~~ ~ -8 ~Ql 1-0: · HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset Backed Certificates, Series 2005-HE 1 VS Anthony A. Rodriguez In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4693 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2007 at 1622 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: Anthony A. Rodriguez, by making known unto Patty Rodriguez, wife of defendant, at 385 North 19th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1322 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 Anthony A. Rodriguez located at 385 North 19th Street, Camp Hill, 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: Anthony A. Rodriguez, by regular mail to his last known address of 385 North 19th Street, Camp Hill, P A 17011. This letter was mailed under the date of January 12,2007 and never returned to the Sheriffs Office. ~~~ R. Thomas Kline, Sheriff EXHIBIT B 9 ~ 0!~\\{~ > ~ 'i:::> ~ ::It """11" ;;0 \ t1\ ~ ---t.-,:'"\ fn~ -r'. 'c1 t:J -n 1- '3:~\ . )?'; ';<'fn ,--) "--:::-\ .J?: :E:, -0 -:;:: v' .- - CP COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Nomura Home Equity Loan Inc tr is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 25th day offum!, A.D., 202006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 4693, at the suit of Nomura Home Equity Loan Inc Tr against Anthony A Rodriquez is duly recorded in Deed Book No. 279, Page 1228. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;'{o day of ~./ , A.D. )...0 C) 7 ITh:v, ~ (b, 'I..'}KJ ~ if' . ~ ~of ~ CumberIand~. CdIII, PA order of Deeds My CommIs8lorI expnllle Fnt Monday of JIn. 2010 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4693 Civil Term HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset Backed Certificates, Series 2005-HEl VS Anthony A. Rodriguez Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2007 at 1622 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: Anthony A. Rodriguez, by making known unto Patty Rodriguez, wife of defendant, at 385 North 19th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1322 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 Anthony A. Rodriguez located at 385 North 19th Street, Camp Hill, 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: Anthony A. Rodriguez, by regular mail to his last known address of 385 North 19th Street, Camp Hill, P A 17011. This letter was mailed under the date of January 12,2007 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 March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset Backed Certificates, Series 2005-HEI. It being the highest bid and best price received for the same, HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset Backed Certificates, Series 2005-HEl, of6501 Irvine Center Drive, Irvine, CA 92618, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $944.70. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 18.53 15.00 15.00 30.00 10.00 .50 1.00 26.40 5.34 15.00 20.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 355.00 320.60 16.83 25.00 40.50 $ 944.70 So ~~. e7rs: ~~;~ . ~ ~.. .." . R. Thomas Kline, Sheriff ./3}2 '1/0' 9- ~~ (fO 30. ':P \. ) t.k. 51Q I') ~ /q6{,5~ '* ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19~ Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 385 North 19th Street, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Anthony A. Rodriguez 385 North 19th Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Debra Eckstine-Ralph 2314 Bumblebee Hollow Mechanicsburg, PA 17055 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 - 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge whc has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 385 North 19u Street Camp Hill, PA 17011 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 ma e subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. LAW OFFICES, P. DATED: September 22, 2006 ,# UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF HSBC Bank USA, National Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive,Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Anthony A. Rodriguez 385 North 19~ Street Camp Hill, PA 17011 Defendant(s) NO. 06-4693-Civil-Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Anthony A. Rodriguez 385 North 19~ Street Camp Hill, PA 17011 Your house (real estate) at 385 North 19th Street, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 200 Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,332.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFIS SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. I 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 *' ALL 'X'BAT CERTAIN TRACT OR PARCEL OJ!' LAND S:ITt1A'rE :IN THE BOlWUGB OF.CAMP E:ILL, (FODmRLY EAST PENNSBORO TOWNSK:IP) c:mmB1lLAND COmrrY, PENNSYLVAN:IA, BOtmDED ANMD DESCRIBED. AS FOLLOWS: PRORTmG ON N:INETEENTH STlU!lET, A DJ:STANCB OF N:IN'ETY (90)FEBT; THE NORTmmN BOONDAltY BEING N':INBTY-El:GHT AND S:IXTY - E:IHTONE mmDRBI)T!!S (g 8 . 68 l FEET, KAV'D{(jl A DISTANCE AT TEE REAR OF NJ:NBTY AND NO ONE BUND1U!:DTllS (90 . 00) P'El!:T; THE S01JTHBBN BO~AltY BEl:NG N:INETY EIGHT AND NINE'l'YEIGBT ONE lmNDRBDTllS (98. 98l PEET. llNDn AND SUBJECT TO A 20 P'EET w:tDE SAN:ITARY SEWER EASBHEN'T ALONG THE NORTHERN PltOPER.TY L:INE OJ!' StJBJECT PlUMI:SBS. \ BEING TJIE SAME nOPEltTY CONVEYED TO AN'l'I!ONYA. RODlUGtJEZ BY DEED !'ROX ADAM W. THOMAS RECORDED 07/07/2004 :IN DEED BOOK 264 PAGE 13p,QIN THE OJ!'F:ICB OJ!' THE RBCOBDER OP DEEDS OP CtJHBB1tLAJm COtm'l'Y, pmmSYLVARJ:A. BEING KNOWN AS: PROPERTY ID NO. : 385 NORTH 19~ STREET, CAMP HILL, PA 17011 01-20-1854-243 TITLE TO SAID PREMISES IS VESTED IN ANTHONY A. RODRIGUEZ, SINGLE MAN BY DEED FROM ADAM W. THOMAS, SINGLE MAN, BY HIS ATTORNEY-IN- FACT DONNA M. SCHLEGEL DATED 06/29/04 RECORDED 07/07/04 IN DEED BOOK 264 PAGE 136. WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4693 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA HOME EQUITY LOAN, INC. ASSEST-BACKED CERTIFICATES, SERIES 2005-HEl, Plaintiff (s) From ANTHONY A. RODRIGUEZ (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $167,332.51 L.L. $.50 Interest FROM 9/23/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $30.08 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $4,993.28 Arty's Comm % Due Prothy $1.00 Arty Paid $123.20 Plaintiff Paid Date: SEPTEMBER 25, 2006 Other Costs Curtis R. (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY IDLL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 10 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, P A Known and numbered as 385 North 19th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~ ~ c:::::::s et=a I!&e;I . Date: October 31, 2006 By: "JDCkt ~ v~l-\ Real Estate Sergeant qO :b 'V qZ d3S QOnZ \/d '}..Hille).} l". t:Jmw: .:l.:l1~3HS :HH :,0 JJL:LJU " "'t... .. 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 smce; 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 24th and 31st day(s) of January and the 7th day(s) of February 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#10 Sworn to and subs DII'.IU ... I I CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,-,- -. AlL 11IA'i 0lRfAiN lID. ... "1IIId I ." ..................D........, . .....,!l..~, ..< . .... .! .........~ _10 '.' QWIr. <.~- J~~~. ~ ~...... u ~.. . ~..............-....... ....'.....:t...,;. '''.l)?'~....'''' .... \'"'1 .... *t. . . '.' --....i..l.t. ....~~'hi-'-IIIoo PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 26, February 2 and February 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. REAL ESTATE SALE NO. 10 ~A~ Writ No. 2006-4693 Civil HSBC Bank USA National Association as Trustee for Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2005-HEl vs. Anthony A. Rodriguez Atty.: Mark Udren ALL THAT CERTAIN tract or par- cel of land situate in the Borough of Camp Hill, (formerly East Pennsboro Township), Cumberland County, Pennsylvania, bounded and de- scribed as follows: FRONTING on Nineteenth Street. a distance of ninety (90) feet: the northem boundary being ninety- eight and sixty-eiht one hundredths (98.68) feet, having a distance at the rear of ninety and no one hun- dredths (90.00) feet: the southem boundary being nine_ty eight and . . '" t ~..t,.,.", ...JI it~lft.Jan....l:ll1 SWORN TO AND SUBSCRIBED before me this 9 day of February. 2007 NOTARIA SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009